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JCSE 2, 1834.]
Resignation of the Speaker--Election of a Speaker.

[H. OF R. of a private and a public nature, I hope I may be pardon- embittered by feelings of personal resentment or political ed in availing myself of this fit occasion of taking my hostility. Let the spirit of peace and charity shed its leave of it and of you in person; of offering you my cor- holy calm around us, refreshing alike to the affections dial and best wishes for your individual prosperity and and the intellect, and let us blot from our minds and happiness, and expressing publicly, and for the last time, hearts every feeling of personal or party resentment, and my grateful acknowledgments for the kindness and con- separate like brethren of one household, and as the repfidence by which I have been so long distinguished and resentatives of a free and virtuous people. I have myself honored. Few, probably, that have erer filled this chair, no injuries to complain of, and no memory for them if I have enjoyed more of this kindness and favor than my-had; I came here to gratify no private friendships, to inself; none have received, or will cherish it with feelings dulge in no personal hostility; and all that I have now to of warmer and more devoted gratitude. My obligations, ask of you is to do justice to the motives which have gov-. gentlemen, are, indeed, deep to this House, and go where erned me, and, when I am gone, to protect my character I may, or in whatever situation I may be placed, I shall as the presiding officer of this House, which may now continue, to the last hour of my life, to preserve and be regarded, in some measure, as the property of my cherish those sentiments of profound respect and affec- country, from all unjust and unworthy imputations. To tionate gratitude which your long-continued and unchang- those who have known me longest and have known me ing kindness have so deeply impressed upon my heart, best, to the liberal and just of all parties, and on all sides and which never can be impaired.

of this House, this appeal, I flatter myself, will not be The duty of presiding over a great deliberative assem- made in vain. bly like this is no easy task. The high and distinguished One word more, and I have done. Although I am character of such a trust, and its arduous and important about to leave you, gentlemen, I shall never cease to refunctions, cannot fail to inspire any incumbent with a just gard this House, and every thing connected with it, with distrust of his own abilities and qualifications, whatever feelings of the deepest solicituảe and affection. I need they may be. My administration of its duties for seven not remind you of the character and station which this years, has not only taught me to know and feel this, but House holds in the eyes of the American people. They likewise to know how difficult, nay, impossible, it is for justly regard it as the sanctuary of liberty, and law, and any man to free himself from error or censure in this order;

and justly repose on it with unlimited confidence chair, or give unqualified satisfaction. In times of pro- and affection. In its deliberations and proceedings, is found tranquillity and repose, with united and harmoni. essentially involved the security of our free institutions. ous councils, this has rarely, if ever, been done; amid How much, gentlemen, will depend upon the manner in the strife and storms of political and party excitements, which its high duties shall be performed. Nor is it needit would be vain and hopeless to expect it. My period ful, I am sure, that I should admonish you that you are of service has, moreover, gentlemen, as many of you the representatives of our whole country, and not of a knox, been distinguished by events especially calculated part; that our confederation can only exist and prosper to render this station one of more than ordinary delicacy under the influence of a wise, equal, and just system of and embarrassment, as well as of increased responsibility legislation; by the ties of common interest and brotherly and labor. How assiduously I have struggled to dis- affection; by a spirit of mutual forbearance and moderacharge the duties of this chair, in a manner worthy of it, tion; and by cherishing a hallowed devotion to that liberanel of myself; with what sincere zeal I have devoted my ty and Union secured to us by the blood of our common time and my talents, and even my health, to your service, fathers. These are the foundations upon which alone I leave for others to decide; but this I hope I may be our safety and security can rest. pardoned for saying, in justice and fairness to myself, and Although our country of late, gentlemen, has been linder a deep conviction of its truth, that I have endeav- deeply and painfully excited, and our councils too greatly ored to discharge my duty, not only with temper, jus- divided, may we not hope that the causes of excitement tice, and moderation, but with a just regard for your indi- are daily passing off and subsiding, and that peace and vidual rights and feelings, the character and dignity of tranquillity will again be restored to us? At such a time, this House, and my own honor. This was all that I prom- and under such circumstances, is it not the duty of every ised when I came to this chair, and this I have endeav- wise, and liberal, and good man, in public or private life, cred to do; with what success I leave to you and to without distinction of party, to unite for the purpose of my country to determine.

healing these divisions, and giving peace and repose to I am very sensible, gentlemen, that, in such a long the public mind? And should not those, especially, who course of public service, and in an independent discharge wield the public councils pour oil upon this stormy sea, of the arduous and multifarious duties of this chair, re- and still its troubled waters?. I invoke you, gentlemen, gardless of whom it might please or displease, my con- to peace and harmony: to union and action for the comduct may sometimes have been thought too harsh and mon good. The people expect it; the prosperity and rigorous; and I may often, unintentionally, have wound. happiness of your country demand it. God grant that you ed the feelings of individual members upon this floor, may prove yourselves worthy of the high trust, and equal and incurred their censure and displeasure. Under such to the crisis; and that your labors may ultimately provę circumstances, and while man continues what he is, we successful in giving peace and repose to our beloved know that personal resentments are too apt to be indulg-country: ed and to remain, and often perhaps difficult to be extin This is the last time that I shall ever address you from guished, even in the noblest minds; but revenge will not this chair; we separate this day, many, very many, of us, harbor there--higher principles than resentment, and to meet no more. I pray to God to protect and bless you better principles than revenge, will animate men whose and our country; and I tender to you this my last and afthoughts and hearts are liberal and enlarged, especially fectionate farewell. where there is high intellectual ability and moral integ After Mr. STETE,Sox had concluded, and retired from rity. If, then, under the influence of momentary excite- the chairmeat and passion, if in the eagerness of controversy or

Mr. MERCER rose, and moyed that the House do now the commotion of debate, anything unkind or harsh proceed to should have been said or done, either on my part or on

THE ELECTION OF A SPEAKER. yours, let us, I pray you, forgive and forget it, and let The motion was seconded by Mr. WILLIAMS, and the us separate in the spirit of peace and good will. Let question being put by the Clerk of the House, the monot this moment of our final separation be poisoned ortion was agreed to.

Vol. X.--274

H. OF R.]

Election of a Speaker.

(JUNE 2, 1834.

FIRST BALLOT.

16

64

13
1

Thomas A. Marshall,

1 Thereupon, W. S. FRANKLIN, Clerk of the House,

Blanks,

7 nominated Mr. McKinley, Mr. FORESTER, Mr. E. WutTLESEY, Mr. SCHLEY, Mr. MUILENBERG, and Mr. ByNUN,

221 to act as tellers. The balloting having proceeded, and the ballots hav

There still being no clioice, a fifth ballot was resorted ing been counted, the result of the balloting was reported to, which exhibited the following result: as follows:

For James K. Polk,

John Bell,
Voles.
Richard H. Wilde,

37 For R. H. Wilde, of Georgia,

64
James M. Wayne,

30 James K. Polk, of Tennessee,

42
Joel B. Sutherland,

16 Joel B. Sutherland, of Pennsylvania, 34

Jesse Speight,

3 John Bell, of Tennessee,

30
John Q. Adams,

2 Jesse Speight, of North Carolina,

18

Richard Coulter,
James M. Wayne, of Georgia,

15

Henry Hubbard,
Lewis Williams, of North Carolina,

4
Blanks,

5 Edward Everett, of Massachusetts,

3 Thomas Chilton, of Kentucky,

219 Henry Hubbard, of New Hampshire,

No choice having been made,
Roger L. Gamble, of Georgia,

Mr. LYTLE moved an adjournment, which was nega-
G. R. Gilmer, of Georgia,

tived; and the House proceeded to further ballotings, Blanks,

4

which resulted as follows:
For James K. Polk,

67
220
John Bell,

65

36 One hundred and eleven votes being, of course, ne.

James M. Wayne,
Richard H. Wilde,

24 cessary to a choice, and no candidate having received that number, the House proceeded to a second ballot,

Joel B. Sutherland,

1 which resulted as follows:

Jesse Speight, For R. H. Wilde,

209 James K. Polk,

53
John Bell,

39 The seventh ballot resulted as follows:
Joel B. Sutherland,
30 For John Bell,

76 Jesse Speight,

16
James K. Polk,

73 James M. Wayne,

James M. Wayne,

26 Edward Everett,

Richard H. Wilde,

16 Henry Hubbard,

1
Joel B. Sutherland,

10 Roger L. Gamble,

1
Jesse Speight,

3 G. R. Gilmer,

Richard Coulter,

1 Benjamin Hardin,

Blanks,

10 Amos Lane,

1 Blanks, 2

215 The eighth ballot resulted as follows: For John Bell,

97

78 One hundred and twelve being necessary to a choice, a

James K. Polk,
James M. Wayne,

13 third ballot took place, which resulted as follows:

11 For Richard H. Wilde,

59
Richard H. Wilde,

9 James K. Polk,

57
Joel B. Sutherland,

3 John Bell,

47
Jesse Speight,

1 Joel B. Sutherland,

26
Horace Binney, -

7 James M. Wayne,

15

Blanks,
Jesse Speight,
8

219 Henry Hubbard,

1 Wm. S. Archer,

1 There being still no choice, David Crockett,

1 A motion for an adjournment was made by Mr. LEABlanks,

4 vitt, of Ohio, and negatived: Ayes 76, noes 99; and the

House proceeded to a ninth ballot, when the votes stood
as follows:
For John Bell,

104 The teller's announced that two ballots, in the same James K. Polk,

76 hand-writing, and for the same candidate, (Mr. Bell,] James M. Wayne,

8 were found folded up together, neither of which, under Joel B. Sutherland, the circumstances, were counted; and one hundred and Richard H. Wilde,

11 ten members, the number necessary to a choice, not Jesse Speight,

2 having voted for any one of the persons named, a fourth Blanks,

6 ballot took place, and resulted as follows: For James K. Polk, 59

211 Richard H. Wilde,

49

No person having a majority of the whole number of John Bell,

49

votes, there was no election. James M. Wayne,

25

The House then proceeded to the tenth ballot, which Joel B. Sutherland,

25 resulted as follows: Jesse Speight,

Whole number of votes, 218: necessary to a choice, Henry Hubbard,

| 110.

1 1

223

219

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JUNE 2, 1834.]

Kentucky Election.

[H. of R.

For John Bell,

114

TUESDAY, JUNE 3.
James K. Polk,

78
Richard H. Wilde,

11

Mr. J. Q. ADAMS rose and said that, as the previous Jesse Speight,

1

day had been occupied with the election of a Speaker, Joel B. Sutherland,

2

instead of that business for which the day was specially Blanks,

6

assigned, viz: the presentation of memorials and peti.

tions, he would remark that it was always and justly held

212 Whereupon, the honorable JOHN BELL, of Tennessee, the representative and his constituents. It was known

as highly important to keep up the connexion between having received the votes of a majority of the House, was that many members had memorials to present, the postdeclared duly elected Speaker. Messrs. J. R. ADAMS ponement of which, now that the session was approaching and R. M. Johnson conducted the Speaker elect to the its termination, must necessarily draw after it an inconvechair, when he delivered the following address.

nience so serious as to be felt by almost every member Gentlemen of the House of Representatives:

in the House. He hoped, therefore, that this day would With the greatest sincerity I declare to you, that al- be assigned for their reception. though I am duly and gratefully impressed by this mark Mr. WILLIAMS said he must object to the suggestion of the partiality and confidence of the House, and by no of the gentleman from Massachusetts, in order that the means insensible to the distinction intended to be con- House might proceed with the important business left ferred on me, it is not without some distrust of the wis-j unfinished the Kentucky contested election. dom of my course in accepting this station, which your Mr. ENNY moved a suspension of the rule for the choice has assigned me. Without the slightest experi-purpose of receiving such petitions and memorials only ence in the chair, it may be justly apprehended that as should not occasion debate. your selection of a presiding officer has been too much 'The House refused to suspend the rule for that purinfluenced by personal kindness and friendship. And I pose, and proceeded to the consideration of the subject shall be quite happy if the public interest shall suffer no 1 of the detriment through a defective administration of the duties

KENTUCKY ELECTION. of the chair. In ordinary times, and under ordinary cir. cumstances, I could flatter myself that, by diligent ap The question pending thereon being the amendment plication, I might be able, in a short time, to supply the proposed by Mr. Banks, viz: want of experience, and to justify, in some degree, the "That the votes of Eli Williams and W. Dawson, of confidence indicated by the House. That more than Anderson county, and those of William Connor, Charles usual embarrassments must be encountered at this Welsh, Thomas Harris, Montgomery Vandlandingham, moment, by any incumbent of the chair, will be admitted Joseph Murrain, Levi Nunnery, Richard Curd, Anderson by all. The impatience, not to say irritation--the natural Hulet, Hickman Evans, Henry Wood, and Richard result of a protracted session the excitement growing White, of Jessamine county, be counted for Robert P. out of those sharp conflicts of opinion upon questions of Letcher." public policy-conflicts exasperated and embittered at Mr BANKS modified it by striking out the names of the present moment in an extraordinary degree-all pre- Thomas Harris, Levi Nunnery, and Richard Curd; after sent themselves to increase the difficulties and call forth which he advocated the amendment at length, the exertions of a new and unpractised incumbent of the Mr. JONES supported the views of the majority of the chair. And I feel, gentlemen, that whatever exertions committee in rejecting all these votes. may be made on my part must be vain, without your The debate was continued by Mr. MARSHALL, Mr. forbearance-nay, that they must fail altogether, without Pope, and Mr. Handin, when your cordial support and co-operation. When I reflect Mr. HANZEGAN offered, as an amendment, a resoluhow great are the interests connected with this IIouse, tion to strike two names, viz: Benjamin Higby and Carey 115 character and action-interesis not of a day nor of a A. Wylie, from the poll of Mr. Letcher, and attach them party, but of all time, of posterity, and of all the parties to that of Mr. Moore. After some remarks, he consented which are or ever will be arrayed against each other and for the present to withdraw it. when I further reflect how much the character and action Mr. VANDERPOEL argued in defence of that part of of this House depends upon a skilful, firm, and impartial the committee's report which struck off certain voters in administration of the duties of the chair, 1 confess I feel Jessamine county from Mr. Letcher's poll. the deepest solicitude.

Mr. CLAYTON, Mr. CHILTON ALLAN, and Mr. It is not so generally understood, I regret to believe, BURGES replied, reprobating the principle on which the as it should be, in how great a degree the measures of a votes had been stricken out. legislative assembly are modified and influenced by the Mr. S. McDOWELL MOORE requested a division of manner of its deliberations. All will concede that if it the question, so as to have the question first taken on the shall ever bappen that this body shall fall into disrepute, names of Eli Williams and Wade Dawson, and then on the and fail to command the respect and confidence of the residue of the names in Mr. Banks's amendment. people, our institutions will be in the greatest peril. Not Mr. HAMER spoke in defence of the committee's re. only the character of the House, the wisdom and effi- port, and in reply to the grounds which had been taken ciency of its action, but the existence of our admirable on the other side. frame of polity itself, may be said to depend, in some Mr. CHILTON next addressed the House in opposidegree, upon the order and dignity of the deliberations tion, explaining the practice in Kentucky on the subject of this House. While, then, I entreat the indulgence of of votes given in elections, and the grounds on which the House to my own defects, I earnestly invoke the as- they could be confirmed or set aside, sistance of every member of it in endeavoring to maintain Mr. PEYTON took the side of the committee, insisting and preserve, so far as depends upon the proceedings of that the poll-book might be set aside by circumstantial this body, those great and primary interests of constitu- evidence and strong presumption. tional Government and freedom, in support of which, I Mr. GAMBLE rose to inquire of the friends of Mr. an sure, whatever difference of opinion there may be Letcher, whether sufficient time had elapsed for him to npon points of construction, policy, or administration, collect positive testimony to rebut the negative testimony there is not a heart here, nor an American heart any on which these voters' names had been stricken out? where, that does not beat high.

Mr. WILLIAMS insisted tbat the votes were not to be And then the House adjourned.

set aside unless the testimonyof the judges of election as

II. OF R.]

Kentucky Election.

[JUNE 3, 1834.

well as the sheriff was produced; which had not been yond the power of being explained and controverted. done.

It is evidence; but it is evidence which may be impeached, Mr. MANN replied-insisting that the testimony of the which may be wholly destroyed by other testimony; and, sheriff was sufficient: he dwelt upon the great difficulty sir, it has been so treated, it has been so admitted by of forming any correct judgment on so great and confused most of the gentlemen who have taken part in this disa mass of testimony.

cussion. It should be so considered. Well, then, what Mr. C. ALLAN replied to the inquiry of Mr. GAMBLE, is the amount of evidence of personal identity resulting as to the time enjoyed by Mr. Letcher to collect proof from this poll-book? respecting bis voters.

It is nothing more and nothing less than that two perMr. BEATY stated the manner in which the names of sons, calling themselves by such names, appeared at the voters were often inserted on the tax books in Kentucky. place of election and claimed the right of voting. The

Mr. HUBBARD remarked that it had been bis inten- right was granted; they did vote, and they did vote for tion to have submitted, at length, his views upon the main Mr. Letcher. And here he would remark that, notwithresolution, but, for the last six weeks, such had been his standing the positive requirements of the statute of Kensituation, that it had not been in his power to have parti- tucky, notwithstanding it was the duty of the judges, in cipated in the debate; and he would assure the House case the individual applying for liberty to vote should not that he had not risen at this hour of the day, and at this be personally known, to administer to such applicant a stage of the proceeding, to go into any general discussion particular oath, wherein the individual declares his qualiof the subject. He merely wished, in as brief a manner fications as a voter, and his right to vote. Notwithstand. as practicable, to present a few considerations upon the ing such is the language of the law, he had understood immediate question before the House. It is now proposed that, in practice, the oath was seldom administered, exto amend the main resolution reported by the committee, cept in cases where the right of the person offering to by adding to the list in favor of Mr. Letcher, the votes vote was challenged. which appear to have been given for him in Anderson In the two cases before us, the individuals, beyond all county, by two persons who were entered upon the poll. doubt, voted as a mere matter of course. There is no book, one by the name of Williams, the other by the evidence that these voters were challenged, or that they name of Dawson, which votes had been rejected by the were sworn on the occasion. And he asked, with conficommittee on the ground that they were given by persons dence, whether they could have been personally known who had no legal residence in that county on the first to the judges of the election? He had come to an enMonday of August last, the time when the election took tirely different conclusion, from the evidence adduced. place. And, sir, disguise it as you may, the real and the With such a record, made as it was, and preserved as it only question is, touching this point, does the evidence bad been, he could not doubt that two persons did actuadduced satisfy our minds that no persons bearing those ally appear, and did assume the names of Williams and names could have had at the time of the election a legal Dawson, and did claim the right to vote, and did enjoy residence in the county where they voted? Were there that right. But the inquiry now is, were there in truth any such persons then residing within the limits of that any such persons who were then legal residents in the county? if not, most clearly the committee did right in county of Anderson? or were the judges imposed upon? rejecting the votes which were given by them.

or, in other words, was there a fraud committed? If so, There is no member of this House who will not readily and that can be made to appear, it vitiates the whole proagree to this proposition. It is too plain to require argu- ceeding, it destroys the whole effect of the record; and ment; and, if such a fraud has been practised upon the he could not doubt that all this was very competent and right of suffrage, it became the bounden duty of the proper to show. And the question now is, whether the Committee of Elections to detect it, and to prevent its evidence which had been offered was sufficient to rebut injurious operation in the case before the House. They the evidence resulting from the fact that these names aphave attempted to do this, and they have done it in a way pear upon the record? The latter is presumptive eviand manner that leaves not a particle of doubt upon his dence; but it may, nevertheless, be impeached by testimind, that their finding, in this particular, ought to be mony of a like character. Well, then, he would ask, confirmed by the House. He had examined, with some what evidence has been adduced by Mr. Moore, tending attention, the reports of the majority and of the minority to impeach the evidence resulting from the record? For of the committee, and he had endeavored, from the ar- he could not for a moment believe, that if Major Moore guments of the parties litigant, and from all the lights had have brought forward the affidavit of every inhabiwhich had been shed upon the case, to form for himself tant in the county, and it should appear that no knowlan opinion. He had so done; and he felt no embarrass-edge was had of any such persons as Williams and Dawment whatever upon the immediate question now under son, the record would be set aside at once as wholly unconsideration. What is the evidence? It is admitted worthy of confidence. that the names of Williams and of Dawson are to be The House, then, is bound to weigh all the evidence, found on the poll-book, and that these votes stand entered and to see whether the weight of testimony is not now as having been given for Mr. Letcher; but is this fact decidedly against the record. Mr. Moore had taken the conclusive? Is it not competent to contradict it by parol deposition of the sheriff and of certain constablesevidence? Is a poll-book a record of such a description men whose business led them through the county-men that you cannot controvert it-that you cannot impeach who would be likely to know the legal inhabitants of it--that you cannot destroy its force by other testimony? their county--and they had testified unqualifiedly that perSir, those who contend for such a doctrine would find it sons of those names were not known to them--that they difficult to sustain themselves. The law is not so. He did not believe that any such persons resided within the would most freely admit that the record, (as it is called,) limits of the county. But it has been asked, why has not the poll-book, the mere entry of the names of the voters, the testimony of the judges of the election been taken? is evidence, and evidence which, if uncontradicted, must that they had the means of knowing better than the desatisfy the mind of every person, that such proceedings ponents. To this remark he could not yield his assent. did take place, in the way, and in the manner, and by He, for one, did not believe that these judges could know the persons, as the record purports to show; but it is not the resident citizens of their county as well and as geneabsolute, it is not conclusive evidence of the facts. It rally as sheriffs or as constables. They were men who, was evidence of a prima facie character; and not, as the from the nature of their office--from their usual avoca gentleman from Pennsylvania was understood to say, be- tions, did not mix with the members of the community to

JUXE 4, 1834.)

Kentucky Election.

(H. or R.

the extent that sheriffs and officers of that character neces. He presumed there was no disposition to misleack, but he sarily must. Judges were found in their studies, and con- man from Georgia, that the testimony by Mr. Moore was fined to the discharge of such official duties as must ne taken about the 20th of November last--six weeks before cessarily limit their personal acquaintance with, and the 1st of January--beyond which point of time he believknowledge of, their fellow-citizens--while sheriffs and ed no testimony was allowed to be taken; and that the constables, from the very nature of their employments, testimony was taken in the presence of Mr. Letcher's extended their acquaintance into every village and neigh- agent, who cross-examined the witnesses; and Mr. Letch borhood. He differed, therefore, from the gentleman must have known that the residence of those two persons from North Carolina, that Major Moore should have ob- would be questioned, and their right to vote denied. It tained the testimony of the judges of the election, rather was no secret; no individual member of the community, than the testimony of the the sheriff and of the consta- who took up a newspaper after the election in Kentucky bles. He was of the opinion that the evidence procured in August last, and after it was understood that the elecwas entitled to more consideration than the evidence of tion in this congressional district would not be again subthe judges alone would have been. But the testimony of initted to the people, could have doubted for a moment the witnesses is not all the evidence which has been offer that the election would be contested, and strongly and ed going to show that there were no such persons resid- perseveringly contested. Mr. Letcher, then, was not ing in the county, in August last, as Williams and Dawson, taken by surprise. All was open, and all was fair. Here The books of the commissioners have been examined, and was evidence taken (if properly regarded) which could of those whose duty it is, in each spring, to make a per- not fail to destroy the force of the record-unexplained, fect list of all the inhabitants in the county, with reference it was conclusive. And this evidence was taken in the to personal taxation--and upon such books, and upon such presence of Mr. Letcher's agent, at a time fully sufficient lists, the names of Williams and Dawson cannot be found. to enable him to explain it, and do it away by other eviHere, then, is not only the positive declaration of living dence, if such evidence could be found. And as there witnesses, who have the means of knowledge, but here has been no attempt whatever to impeach the testimony are the books of the county commissioner, the lists of the of Mr. Moore's witnesses, it did follow, to bis mind, that tax-makers--all going to show that no such persons as the report of the committee, on this point, ought to be Williams and Dawson were residing in the county on the confirmed by the House. day of election. And he would ask, is not all this suffi Mr. WAYNE argued in favor of admitting the names cient to do away the force of the evidence resulting from in question, on the principle that a poll-book might not the mere fact that the names of two such persons were be purged on presumption, unless the presumption rose found on the poll-book? He contended it was, and that by operation of law, and threw the burden of proof on the committee did entirely right in rejecting these votes. the candidate claiming the benefit of the votes recorded; The presumption arising from all this testimony is, that and was followed by no such persons were there, tbat a wrong has been done, Mr. J. Q. ADAMS, who argued from the law of Kenand the burden of proof is changed. It is now the duty, tucky to show that the voter, if unknown to the judges and certainly is in the power of Mr. Letcher, according and sheriff, must be sworn: and unless it was proved that to the suggestions of the gentleman from Kentucky, (Mr. these persons had not been sworn, they were to be adCHILTON, ] to put this matter beyond all doubt. That gen- milted on the ground of the record. tleman has said that the lists of the constables of the coun. Mr. BRIGGS took the same side; insisting that the ly, (being ten or twelve in number,) that the militia rolls, names would never have been suffered to be recorded at would put this matter at rest--that they would be conclu- a poll so closely watched, unless the law had been comsive on this subject--and be has been pleased to add, that plied with. Major Moore should have looked to those quarters for Mr. HUBBARD replied to Mr. WarnE and Mr. Adams. satisfactory evidence on this point. He differed in this Mr. ADAMS replied, explained, and again insisted on particular from that gentleman. Mr. Moore had done all his former argument. that was incumbent on him to do, and it devolved on the Mr. LANE moved an adjournment; which prevailing, other side to give us further light; and it was not an ar

The House adjourned. duous or a difficult duty to perform; for it would seem, from the remarks of the gentleman from Kentucky, that

WEDNESDAY, JUNE 4. if these men were honest voters, were actual residents at the time, it can be shown, it can be made to appear. He

Mr. E. EVERETT, from the Joint Committee on the would then ask, why has not Mr. Letcher gone to the Library, reported the following joint resolution: constables, and to the militia officers, and have put this Resolved by the Senate and House of Representatives of matter at rest? Why has he not done it? It was clearly the United States of America in Congress assembled, That in his power, if the authority of the gentleman from Ken- the copies of the selection of the Diplomatic Correspon. tucky can be relied upon. The answer is at hand; the dence of the United States, between the peace of 1783 evidence which would come from those quarters would and the 4th of March, 1789, published in virtue of an act go only to confirm the testimony already taken. It is fair of 5th of May, 1832, in continuation of the Diplomatic to presume this; and if the judges of the election would Correspondence of the Revolution, be distributed and disbe able to give any different color to this transaction, their posed of, under the direction of the Joint Library Comtestimony would have been produced--it was within the mittee, in the manner following, viz: reach of Mr. Letcher. And, after all that Mr. Moore bac! To each person who received a copy of the Diplomatic shown in evidence, it was not to be required that he correspondence of the Revolution, and who shall apply should go further—the burden was changed. The duty to thic Clerk of the House of Representatives for the con had devolved on Mr. Letcher. Inasmuch, then, as no at- tinuation of the same, one copy: tempt has been made by Mr. Letcher to satisfy the mind To the Library of each institution to which a copy of on this point, to make this matter clear, is it not fair to the same was sent, one copy, presume that no evidence does exist, or can be obtained, To Jared Sparks, editor of the Diplomatic Corresponwhich will go to change tlie evidence offered by Mr. dence of the Revolution, one copy. Moore, and now in the case? When the inquiry was made To Edward Livingston, under whose direction, as Secby the honorable gentleman from Georgia, (Mr.GAMBLE,] retary of State, the selection aforesaid was made, one whether time had been allowed to Mr. Letcher, he copy. thought the answer was not so full as it should have been. Sec. 2. Be it further resolved, That twenty-five copies

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