The Madisonian. [volume], February 06, 1840, Image 1

About The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845

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TUG MAD1HO.MAN.
THO.M \S ALLEN,
ipitoI and 1'iouitroi.
? auent s.
j iwui 0 )?nnu ii, Washington City.
I. ?n U. DoBw-iMwett, 31 Catharioe Uieet, Phi
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A I Mi, I ON mi s|.;i y?The undersigned has
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r any other use for which it inay
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JOHN VAKDKN.
^ I iVri/'iV1* '") * ''-I'?The proprietors, grateful to
r :s | '''I1'r<H,s ^upnils for past p itronage, arid desi
fi, , , *,on ,ni,J|ricp ??f ihoir (joo'l will, beg leave,
? . t ,. VVir '! r*in Was,,,n??ton City papers, to
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jan 25
1 ' i \ v'I u|(" ,0Ks ~t*"*' imported and for sale by F.
' '' ,",r,f \Zn, lhr ,nv,v"on of ,h" Kotnana up to
?'k chrouolojically by
'' ( ' I .' ?? tb.'r'ih .n An,'"'n, ^I'd.isophy, 3 vols, tranala
V : , '"'Ush Arn^,?^n,M"?n' b>' Col.
' '??"'ilui. nlol I-Vnu'lish ' IJV ",>'lTl,rd' 1 "ol- Avery
?,! ? h Hooks, too numerous to par.
-A ?iit'tli bit'ol' t'he above^
T y '"' saleZ p^T^LVlR" PrU<:U,P,l? U
v I" to the"qu'l'l of'the firmcr. and every
r\rr- Hn'1 ,hu
"'?d " ales, are nilreh..?a , ""'l1 0|1^,, in
'1 v f i iranty (?f J.<M ? and will t>e sold with
? -v * :? ST"- -'? S^ttX?2S2:
SS? SfrfSS'iiKP' " ?' tavuw.
. Ill I I =aB^? ?? ?' "? I I
THE MADISONIAN.
WIIOLB NO. 310
A. IllUiil.Y 1M I'OKTAWT CAUTION
TO TUB PUilLIC.
"Cam m tiiubu"?lleuurt of fulling.
T\U LV A.NS, Jim) Chatham street, takes the preseti
tixiiity of tendering hi* moat unfeigned acknow
fedgmenta, 10 the numerous patents, aiUicted with the
various form# of iiisek.se incident 10 humauity, who have
commuted themselves to hie care, ami he hat the satia
biction of knowing from many living evidences, that he
hail removed or relieved their respective malAdiei, aw f*i
as liea. within the coiiiDa** of human means. How dm
tressing to the aillicted in Dvspicrau or Indigestion !
pouonin^ alt the totlrce? of his en|oyinent, and leading
in many instances to the miseries of confirm**! hypoeon
draism. Long at it hat been made the sutdectof'inquiry
by medical authors it remains involved in much obscurity.
Jaundice, Diatihrua, Cholera and Oholie, also perform a
conspicuous Mil in the dr.una of morbid affectiont. Dr.
r.VANS ha* been singularly successful in the treatment
of tne above complaints by remedies drawn from the re
searches of the most eminent physicians in Europe.
He has also had va*t experience and success through
out the whole family of delicate disease*, nil of which
are lor the most part aggravated by,and rooted inthe eon
siitution, by the (^miMptrnciea of mercurial murderer*, tin
principle, uneducated ami unpractised in any art save thai
of attempting to lead the credulous on the road to ruin
Dr. Kvans' office is supplied with the choicest rcmedie#
Iroin foreign markets, and compounded on the most sci
entific principles. A physician is al*ayt in attendance; j
and all those who come there in the hour of need will go
off rejoicing.
t Office, lot) Chatham street, New York. Open from 0
o'clock. A- M. uutil 10 o'clock, P. M.
A PERFECT CURE OF ASTHMA, Fifty-lour
years standing, clitctcU by the use of Dr. Wm.
liv oils' MMIclne#?I hereby certify, that 1 was at
tacked with ths Asthma, in the ninth year of my age,and
Iroin that time until the present year, a period ot fifty-four j
years, I have been subject to that disease. For the last
five years I have had it almost incessantly,not being ex- .
empt from it more than twenty four hours at anyone
time. 1 have consulted the most skilful physicians, and
tried many remedies without any relief. In June last I
commenced using i). Wm Evans* Vegetable Medicines
I not with the expectation of rfrctii)(f? cure, for I believed
; my cave hopeless .tr.d my dissolution near, but with the
hope of obtaining ^.omental y relief. Before I had used
! two packages 1 was entirely relieved, and have not been
' attacked *ith it sli ce. I can now say that 1 nm perfectly
j cured of the <iMease, and can confidently recommend ii
I to all who are aillicted with th.s distressing complaint.
J SARAH SIMMONS,
Prince George's County+ Virginia. I
!I? LIVER CO MPLAINT, TEN YEARS' |
STANDING.?Mrs. HANNAH HROWNE, wife of |
Joseph Browne, North Sixth, Wilhamshurgh, afflicted
the last ten years with the Liver Complaint, completely
restored to health through the treatment of Dr. Wm. I
Evans: Symptoms?Habitual constipation of die bowels, j
total loss of appetite, excruciating pain of the epigastric
region, great depression of spirits, languor, and other i
symptoms of extreme debility, disturbed sleep, inordinate
flow of the metises, pain in the right side, could not lie on
her left side without an aggravation of the pain, urine high j
colored, with other symptoms * indicating great derange- j
ment in the functions of the liver
Mrs. Browne was attended by throe of the first physi
cians* but received but little relief from their medicine,
till Mr. Browne procured some of Dr. Wm. Evans' inva
luable preparations, which effectually relieved her of the
above distressing symptoms, with others, whichl it is not
so essential to intimate.
JOSEPH BROWNE.
City and Countynf New York, ss.
Joseph Browne, WilliKmburgh, !a)ng Island, being duly
? ?vorn, did depose and say that the facts as set forth j
inthe within statement, to whicli he has subscribed his j
name, are just and true, JOSEPH BROWNE,
Husband of the said Hannah Brown. I
Sworn before me, this 4th day of January. 1H37. }
PETER PINCKNEY, Com. of Deeds.
XLS Another recent test of the unrivalhd virtue of Dlt
WM. KVANS' Medicine*.?Dyspepsia, ten years'
standing. Mr. J. Mc Kenzie, 17t? Stanton street, was
afflicted with the above complaint for 10years, which in
capacitated hun at intervals, for the period of six years,
in attending to his business, restored to perfect health,
under the salutary treatment of Dr. Wm. Evans.
The principal symptoms were?A sense of distention and
oppression after eating, distressing pain in the pit of the ?
stomach, nausea, impaired appetite,giddiness, palpitation i
ot the heart, great debility ana emaciation, depression o<
spirits, disturbed rest, sometimes a bilious vomiting and !
pain in the right side, an extreme degree of languor ami >
faintness, any endeavor to pursue his business, causing !
immediate exhaustion and weariness.
Mr Mr K enzir is daily attending his four's****, and none <
of she above symptoms have recurred since lie used the j
medicine. He is now * strong and healthy mm. ? |
Hp icsorteil to myriads of remedies, but they were inef 1
fectual. lie i* uillling to give any iriformati w to the |
afflicted respecting the inestimable benefit rendered to
him by the use of Dr. Wm. Evans'medicine.
tj-ASTHMA, THREE YEARS' STANDING.
Mr. Robert Monroe, Schuylkill, afflicted with the above
distressing malady. Symptoms?Great languor, flatulen- i
cy, disturbed rest, nervous headache, difficulty of breath
ing, tightness and stricture across the breast, dryness,'
nervous irritability and restlessness, could not lie in a
horizontal position, without the sensation of impending
drowsiness, great debility, and deficiency of the nervous
energy.
Mr. R. Monroe gave up every thought of recovery, and
dire despair sat on the countenance of every person inte
rested in his existence or happiness, till by accident, he
noticed in a public paper some cures effected by l>r.
\\ in. Evans* Med Iclne in his com plaint which induced }
him to purchase n package of the Pills, which resulted in i
completely removing every symptom of his disease, lie j
wishes to say Ins motive for this declaration is, that those
Klllicteil ttith the same or any symptoms similar to those
from which he is happily restored, may likenist receive
the same inestimable benefit.
IT./- A N EXTRAORDINARY AND RE MARK A
RLE CURE?MRS. MARY DILLON, William -
burgh, corner of Fourth ami North streets, completely
restored to health by the treatment of Dr. Wm. Evans,
100 Chatham street.
The symptoms of this distressing ease were as follows
?Total loss of appetite, palpitation of the heart, twitch
in'g of the tendons, with a general spasmodic affection of
the muscles, dilKculty of breathing, giddiness, languor,
lassitude, great depression of spirits, w ith a fear of some
impending evil, a sensation of fluttering at ^the pit of
till- stomach, irregular transient pains -in dilTerent
parts, great emaciation, with other symptoms of extreme
debility.
The above case was pronounced hopeless by three of
the most eminent physicians, ami the dissolution of the
patient daily awaited for by her friends, which may be j
autiienticiiti d by the physicians who were iu attendance
She has given her cheerful permission to publish the
above facts, and wiM also glailLy give any information, re
specting the benefit she has received, to any inquiring
mind.
MARY DILLON.
A Heal U!asing to .Withers.
DR. \V. EVANS' CEI.EJ1KATED SOOTHING 9YUUP,
FOR CHII.DRKN CUTTIMi Tit KIR ThKTH.
This infallible remedy has preserved hundreds of
children, when thought past recovery, from convulsions.
As soon as the Syrup is rubbed on the gums, the ehild
will recover. This preparation is so innocent, so effica
cious, and so pleasant, thai no child will refuse to let its
gums lie rubbed with it. When infants are at the nee of
four monfhs, though there is no appearance of teeth, one
. bottle of the Syrup should be used on the gums, to open
j the pores. Parents should never lie without the Syrup
in the nursery wh re there are young children ; for if a
| child wa'ies inthe night with pun in the gums, the Syrup
' immediately gives ease by opening the pores and healing
j the guins; thereby preventing convulsions, levers, Ac.
ACENrM.
j LF.WIS JOHNSTON, Washington.
G. CIll'IKNHANK, Georgetown.
BELL E.VTIJSILE, Alexandria.
EDWARD McDOWEL, Fredericksburg.
MORTIMF.R .V MOWBRAY Baltimore.
C. HAM,, Norfolk.
A. OIJVA I.I,, Richmond.
j'piLRE FOR RHEUMATISM?Pcnn's Rheumatic
V ' Pills are an effectual remedy foi the Rheumatism,
and all similar diseases, such as Gout, Cramp, .Spasms,
I Numbness, &<:. They have 'wen extensively used in the
United States for the last fifteen i/ear* with very high ap
j probation, and multitudes have been relieved by them
; from most distressing a'tacks of the Rheumatism. "Pcr
i sons who have been afflicted with the Rheumatism from
j fifteen to tieenli/ yenrt. or who have been wholly unfitted
; for business for two years together, and unable to walk
! without aid, have, by usiniithe Pills been fully restored.
For sale hy Mavnard At Noyea, sole ugents, Boston, by
i the Druggists in Baltimore, and R. S. Patterson and S.
I J. Todd, Washington. octfl-6mis
PREMIUM WRITING INK. MAVNARD <f
NO YES'S, for which they received a Diploma at
] the first annual Fair of the Massachusetts Mechanic As
' sociaiton, it being considered liy the Committee as the
j " Ht .-I Ink in Ike market " For sale by the manufacturers,
j Boston ; sold in Washington bv W. M Morrison, J. T.
j Sullivan, W. Fischer, G Anderson, R. S. Patterson, F.
j Taylor, J. Kennei'y, J. F. Callan. oct9-fimis
JAMK'S NEW NOVEL ?Henry of Guise, or the
States of Blois, by the author of Darnley Richelieu,
<fcc. \.c. is this day published and for sale by F. TAY
1.till, or for circulation among the subscribers to the
Waverly Circulating Library.j immediately East of
Gadslry's Hotel, dec 10
SPEECH OF Mit. Hu Tl'S,
Ok Virginia,
ON THE NEW JERSEY CONTESTED ELEC
TION.
Houik or Kbi>rkiicnt.< nvn, January U, 1810.
CONTINUED.
? Hut, Mr. Speaker, are we left iti doubt a* to the
proper coursc of proceeding lierel Are we Iclt
alone to precedent, tu usage, to practice and conjec
ture, of what is right ami lawful 1 No,sir; the law
on ihi* subject is a written law, which has lor eeu
turics governed every legislative assembly, both in j
litis Country and in England 1 hold in my hand the
Parliamentary law?the "1st.c 1'urltamentanu"?
which is the fundament il law of G ?vc-rtuueul; and
what dues it say 1 Page '211, it read><:
" All eoutncts, promise*, bond*, ?r.d securities whst
soever, hereafter m?de or given to procure any roluru of
any member, or ?ny thing relating thereto, he adjudged
void, nod Ah?t whoever makes or gives inch contract,
security, promise, or bond, or sny gift or rew?r4< to pro
cure S'ich false or double'relurn*,shall forfeit .?300," iScc.
Herff then, the case is evidently contemplated of a
purchased return?a return procured by fraud; and
yet it is provided, page SM9 :
'' Ij * sheriff th ill return one for knight of the
shire, iiko was unduly or not at all rler.leit : yrt he that
if *<> returned remain! it manlier of the House tilt his
| election be declared toi l "
So in the case of Mr. Downs, whose return was
disputed in January, Kill, just 191) years go, he be
ing returned lor Arundel. " It was ordered that he
be presently sworn ami admitted as a member into
the House until such time qs the election b;s deter
mined." But all this, we are told, conies from '.he
toiab> ot antiquity, and must therefore be disregard
ed, and a new order of things is to be established.?
It this is the doctrine ^a* 1 tirmly believe it is) <>f ilie
friends of the present Administration, let them say
so at once to the substantial People of this countiy.
and we shall soon be rid of their aid in the councils
of ihe nation.
Now, sir, from the period of 1641 down to the
present day I defy any gentleman to show me one
single precedent, either in the history of the British
Parliament or in pur own countiy, where there has
been a departure from this well defined, established i
parliamentary law. Yes, sir, there has b-'en one
distinguished case in I he Stale of Maine, wliieh I
must except, and to that I will presently refer, and
show who were among the principal acWus in that
scene; but nowhere else has it ever been attempted ;
nor do 1 know of but one case in which the qtt ^tiuii
has been raised in regard to ihe right of a member
to lake his iear in the first instance who produced,
the only legal, formal certificate return, or commis- '
sion, as they are variously called iu the different
Stales; and io that 1 will presently refer, lor?lie b ne
fit of my honorable colleague over the way, (Mr.
Droingoole,) who was so hard put to it for prece
dent a few days ago.
New Jersey, then, entitled to si* Representatives
here, lioWs regular elections at the time, place, and
manner prescribed by law, and grants a commission
to those si* Representatives, and they present them
selves, and demand to he sworn. They come with
their title-deed in their hands, and claim the posses
sion of their seals.
[llere a message was received from the Senate;
after which, then; being a special orjer of the d y,
it was moved and carried unanim tusly that said or
der be postponed until Tuesday-following.]
Mr: Botts resumed. Let me suppose, Mr. Speak
er, that you were sitting as a judge in our own
State, and I was in possession of my own estaie, a
property for which I had a legal and formal deed,
regularly signed, sealed delivered, and recorded. ,
Suppo.-e another files his bill, and says it is true thai i
Mr. Bolts has a legal title to the properly he holds,
but here is a certificate from my counsel, in which i
he says I am the equitable owner of ilia', properly,
and entitled to ihe proceeds, and demands of you
either to put him in immediate possession oT the I
property, or dispossess me, and reiain il in your
own hand-- in his behalf: what would be your an
swer as a judge 1 Bring your suit, prove your title, i
prove that the deed has been improperly, illegally, |
or fraudulently obtained?prove this to the satisfac
tion of the court, and you can obtain a decree; but,
in the incaniime, he who holds the legal title must
continue in possession by virtue of his deed. \N ould
von hesitate to give sucii an answer in such a case 1
And if not, what must you think of lhat judge who
would act as is here proposed, and as has been done
in relation to these panics presenting; a legal title, a
formal deed for ihtir seats'! .
Are not the casts analogous 1 Do not the parties
on one side present a legal claim, while the others
present only the certificate of the attorney, or Secre
tary of Siate, of what he thinks might or would
have been, provided so and so hud happened which
the law forbid sli .uld happen 1 ,
Is there any reason in this ! W hy depart from 1
the established lawl What mischief mav not grow
out of ill Let us suppose the Presidential .elcciion
to be thrown before the House of Representatives.
There are twenty-sis Slate's in the Union. Let us
suppose that there are thirteen in favor of the elec
lion of Mr. Van Buren, and thirteen in favor of
General Harrison; and suppose ihe vote of Vir
ginia stood ten for Harrison and eleven for \ an
Buren, as the fact might have been, if Mr. Barton
had prosecuted his contest with my colleague on my
left, Mr. Lucas, and had succeeded. Now, what
could we do under this precedent that you have es
tablished! Why, get up a contest; make it our
selves; get a certificate from some man, no matter
who -if you choose, from ihe Secretary of State ih
Virginia, [who has no more to do with our election
law'than'the Secretary of State in New Jersey has
lo do with the eleclions in New Jersey] that he be
lieves that it the sheriffs who have returned my col
league from the Chesterfield district had discharged
their duty faithfully, or if all illegal voles and returns
had been counted,' somebody else would have been
returned, and then Mr. Jones is told to stand aside
until ihe election of President is over, and then his
case can be decided. You proceed lo vote; General
Harrison gels his thirteen Slates; the vote ol Vir
ginia ii given ten and ten, and, of course, is lost, and
i Mr. V n Buren cheated out ot his election ny this
palpable fraud. I ask the People of Virginia and
the Administration portion ol them particularly,
I what they would say to ill Yet this is the case?
this is the fraud practised on NfW Jersey, tor ihe
I purpose of electtog a Speaker and other otlicersiof
! ihe House. ,
Is there an intelligent man in our country w ho
must not shudder at the consequences that may re
; suit from the course you arc pursuing 1
I Is this House at present constitutionally organtz
; edl Will any law pas?ed by ihis body be rieog
| nised by New Jersey as carrying authority with it I
i Suppose the Stales ol New York, Pennsylvania, \ ir
I t-inia, Ohio and Kentucky, sending l'JJ Represcnta
I lives here, constituting a bare majority of Congress,
embraced the entire Opposition to the Amirii>na
l lion ; and the other 21 Stales, being a minority, and
| constituting ihe whole Administration vote, woe to
I undertake, lor political and party objects, to exclud'
I ihe New York, Pennsylvania, Virginia or Ohio
vote, or either or all, leaving ihe State of Kentucky ^
| to constitute with them a quorum, and ihey w ere to
I succeed before you were an organized and sworn ?
' body: does any man believe thai these Slates, li.iv- |
{ ing done all that the law required at their hands to ,
{ entitle them to representation, would submit to a
f decision thus formed, or that any law passed by a
; body thus organized would be regarded or n cug
| nistd as a constitutional law 7 And if not,'then me
principle w ill surely apply as well lo one Slate as to
lour, and her situation, her weakness, her want ol
power lo protect and defend herself cannot possibly i
be urged seriously as an obstacle lo her constitution
al rights. If the principle is irue as to one State, i
is true as to all ; and imagine lo yourselves whatt
would be the consequence il the three . r four larg |
and powerful Slates were thus driven from ihe Mils
of legislation on a mere certificate ol an office i 1
known to the law respecting Representatives, in or ;
position to ihe regular commission or return ot ? "
officers alone authorized by law to grant the
| <U Bail ?ir, we arc told that this question lias be. n
j settled. The pica ol " ret judicata ' is put in to suit
| the convenience of gentlemen. I do not Pf01.1 _
I be a very proficient classical scholar, though ?
some thirteen year, learning the classics, for I
hardly looked into a Latin book since 1 left scnooi?
' But when at school i thought that ' res J?du?<u
meant a ihing ihai had been se iled and determined, ,
! a matter that had tern adjudged. But here a diH
ent interprciation h.'s been given to it, an.I u <s i >
! made to mean, if vou persist in doing wrouf.
I cease to do what I think right, and I must do wrong
too Such Is the practical meaning as illo*'rated by
ihf Course ol the two gentlemen?one froiu North,
ne oilier from South naioima. Sir, a vrry remark
?Ble M?ie or chinas is exhibited hue; there in a ma
jority of tbl, |Utn^e who think thai the .New Jersey
members who bold the O iveruor's commission ate
l" I. I o'? """ir sfa,s u,,Jer 'he Constitution of the
wilted State(in,r! laws of New J rscy, and yel y<iti
cannot get them in. They have so voted, but we
"i81?0V* """,n *" ,,J yu,e so al 'he same lime. One
i trr H?.1*41'0" '* l,ut. and 'here is a tie vote?117
J.'t h* n,,xl <*?y n gentleman (r un Kentucky,
notn severe Indlsposlti in had keptlrom the House
ir" . a' of his life, in decide the con
oyr>y and two of the gentlemen who had liiu*
ae tared their solemn convictions that they were
?i.rr i ? changed their votes, and .say thev must '
?it 'r cotwultaiional ami conscientious con- I
tenons because-117 men had not been able to carry
a ijUeMlon H^jn^ 117 men NoW| ,jr ,hcre h#J
wen no decision ol thi- question. A tie vote Is no
"ug more than a spent ball. A proposition is made,
J,'MVh>?<> r*.,"?' ,,IC "'S1 ive prevails, only beeau-e
i '?"I'd 'o c.rry vour proposition, and you
prccwel>' wl,cr4' .V"" R'oi>d before,and it is per |
't> eotBpeteut for cither party to offtr the same I
propostlitn whenever alter thev think proper; yet il
ts tiy the P means that New Jersey is robb-d of her '
'tpre eu'ition here.
My honorable colleague who sits on my lert, (Mr 1
V\ ISvj) when (hi* subject war. up some lime ago, I
called upon my worthy friend and colleague over
the way, and now in iny eye, (Mr Dromgooie,)
w.itle he held the book ol Contested Elections in his
hand, tc, 41 ow htm to put a ca r. That gentleman,
With.I !?fgT:ciiv, shrewdness, r.iid cunoing f.jr which
he was remarkable long before he came here, anti
cipating that my friend on the left would naturally
put to him a cn.se Home what similar to the one before
us, very adr mly answered that he knew his col
lengna could put a case that he could not fiud, b ut
lien there was some sixty or seventy cases in the
book nor like the one he would put,, and he would
therefore preler lo read a case ol his own; that was
one not at all like the New Jersey case. This was
substantially his answer. Now, sir, for the benefii
of my colleague, I will refer him to a case m >re like
this ih,in any in the b wit that I have bom able to
And, which h? entirely overlooked ; it is the rase of
H.n?ett and Bayley, from our own S ate, in the year
1*13, book ol Contested Elections, page '251. In
that case the committee reported as follows :
'? The lawn of Virginia, pres;ribing the mode of con
ducing such election., direct that the sheriff, or other
officer conducting the pulls, shall close it the ssme day,
un i'i? the electors he prevented from attending by j
Mill, or the rise of watcr-courscs, or unless there he I
?nore . lectors attending than can be polled in one dav '
It appear, that neither r.un nor the nee of watercourse* j
prevented the elector* from attending on the firat day
ol tlie election in the county of Accoinac ; yet the poll
ill I Ilia county was continued three dav< ; for wlial
cause doc* not appeal It is cnntendid by the petitioner
thai there is no evidence. thai /hit continuance uas for a
cause warranted by /air, und thrrcfcie it ought In be
presumed to be illegal, the election void, und a new one
ordered.
" It is urged on the other hand, bv the sitting mem
ber, Wat until disproved, the officer * return who con
ducted the election [he being the officer authorized bi
lbo law ol \ irguua to grant the return] ou^ht to be re
'peeled at puma facie cadence of the legality of tin
proceedingt, ami the committee are unanimously of this
Opinion."
And this, not before the House was organized, for
Hassetl had too much good sense to raise such a
questional such a time, but after the organization
ol the House, and after it had buen regularly refer
red to a committee and reported up >n ; and then the
committee and the Hou?e both set aside al la-t the
vote ol Aecoiuac on tha second and third days ol
the election, by a resolution to this effect, pa;re 257:
Knotted, I hat the adjournment of ihe poll in Ac
comsc county, in the election between Burwell Bassutt
and I'hoinas M. Bayley, was illegal, and that the votes
taken in that cour ty subsequent to ?hk! adjournment
ought to be set aside."
In this case, then, il was the unanfm mis opinion
of the committee and the House that the return of
the officer authorized by law to make the return
ought io be respected as prima fact', evidence ol
the legality of the proceedings; yet in the New Ter
sry ca.sc, a mere eer.ific.ile of a partisan friend is
cU'cmcij sufficKjnt set asjJe the regular oiftriail re
Itirn ol the Governor and Cottuvil of a State, the
highest, most respectable, arid responsible oiricers
known to the laws of the Sute, and that cartying
with it the seal id' the State itself. ?
I am sorry to be compel ed to compliment the In
genuity of my colleague al the expense of his can
dor and fairness.
One word t.> another of my cdlea"ties Wh-n
the honorable gentlem in fr un Massachusetts, [Mr
Brigg-,) a few days since, called on the House to
mention an instance in winch this parliamentary rule
li.id been departed /rom, one ol my colleagues [Mr
Rives) pro plly'replied that a case had oecurre.l in
the \ ir^inia I^e^isJature, and he referred to the case
ol Berkley and Dayi*, which occurred about the
year ItWI, from the county of Hanovtr. I have an
indistinct recollcclion of the circumstances ol that
case, and, if I am not mistaken, it was a case altoge
ther unlike the east before us. I have searched the
journals of the House of Delegates of Virginia, but
ha.ye not tncl with the case; but tny recollection of it
is, that there was a double return. The laws of Vir
ginit authorize the sheriff conducting the election
at the court house to gram the return, and I believe
the hih sheriff conducted the polls in the early part
of Ihe day, (not anticipating a difficulty,) and the
de.jtfy for ihe remainder of the day. They each
granted a return, and the question arose which had
the best right- That wuv clearly a case of double
return, ?pd it wa? impossible for the House, except
on tegular judicial investigation, tovdecide on the
piior right, each party presenting a return from the
sheriff conducting the election at Ihe court house;
therefore this case is not at all in point. If I am
w rong, I can be corrected by those who have a more
distinct recollection of the circumstances than I
profess to have. Of this I am certain, and speak
with absolute confidence, that no case ever did ..rise
in the Virginia Legislature where the legal return '
was not recognised as priniafacie evidence, which j
entitled the party possessing it to occupy the seal un
til it was o herwise decided. And I lake occasion
here to call on another of my colleagues?a gentle
man who presided over the deliberations ot the Vir
ginia House ol Deleg ites for twenty-odd years,
where, by the bye, there are more contested election,
than in any State in the Union?to say il, in the
course of his experience, he has ever known a case
in which it was proposed lo deprive the party pre
senting the legal return of his right to occupy the 1
cat in the first instance. I attach much importance I
to !h<k opinions ol that gentleman, [Mr. Banks,]
from his long experience in parliamentary proceed- 1
ings.
| Mr. B inks said, shall I answer now, or when you
have closed yonr r marks ?J
Mr. Borra. The gentleman may take his choice. '
Mr. Banks said he had not w i-hed to be drawn into j
this discussi. n, but as he had been appealed lo, be !
would state, so far as he recollected, w hat had been i
the prartiee in the Hour- of Delegates of the Stale j
of Virginia ; he knew thai the usual practice hud
been, that the certificate of the sheriff should l>c re
ceived as prima lacie evidence ol the election, and
the party holding it was qualified, when there was
no illegality, and nothing to vitiate the election, in
which ease il was sent back.
lie (Mr. Banks) thought his collrag.ic waa rniita- ]
ken in a material lact m the ?:a*r from the county of l
Hanover; it occurred in I8'.'4. It wa* * contest'he- :
twern Messrs Bvrkely arid Davis; he had a certified :
copy of the racord from the clerk of that House, and 1
the facta appeared to be, that Berkely carnc into the
Mouse, claimed hi* *eat, and took tl as a delegate from
the county of Jlanorer; Mr. Davis, hi* op|>onent, also !
came into the Home, claimed and took hi* sett, and 1
both were qualified through thn Executive, a* is the i
rusiom there, and not through the Speaker, Both "en
ileuitn took their ?e?ts, without any petition or uirino- !
rial coming fioin any quarter on the * object, and a re
solution wa* introduced by Mr. Winaton to lefer the '
whole matter lo the Commutes ?'/ Privilege* and Elcc
tion*. Mr B. here read the following extract from the ;
statement in his hand :
"On the second day of the session, a motion waa
made by Mr. Winston to sdupl the following reaolu
lion Hcsolrcd, That the Committee of Privileges and !
Election* tie instructed to report upon the contested I
flection frqrn the county of Hanover a* aoon a* possi
ble ; and, in the mean time, that the two inemhera thus
contesting their elections from said county be not en
titled to their sests in this House, li is here proper lo
slate [tbe Cierk adds] thai no petition had been pre
sented by any person previously to reise the quea:ion "
i "AN" M,d " ,VM ,r,,r lt" committee bad rr. |
that'll l"*!*! i. "efkel* w*? admitted lo hia seat. and
that he K id ,i for ltie of l||e ,P?;?n
a ni.J,ri "Tr'""i- 1 fc^e wayfor in explanation?not I
?nalidfj '? A'",.. C*"[' ul'r,y object to ihn jcnilem...'. |
ila_ .7 w,l'm,u ai??wering fpv quf.rion Hi -
r "m. "'d ? word about I lie return. I
* *? w'"> presented ihe I. U1| i ,r ? i
idieriff. U*'NK" "*d b0tli f'r"""U'1 rclurn? of the
Mk Bott. VVhal wi. the nature of the returna '
Mr Hank. One of ih? gentlemen had ij.e cerufi
cat* of the high sheril), and the other of Ins deputy
. r.h<" ' "? ?>r ferolli etioi, ; it
wan a case ol double reluru. not at all applicable to the
piiacnt case the high sheriff who conducted the elec
Hon in ihe morning giving the return to one party the
epu r who conducted the election in ihn af'Crnoon
f JI' '?? re,".rn to 'he other party I, wa. i.npoasiblc
?or .he lloua, to determine who had .he le^f re'.irn
except bv judicial investigation ; and the parliamentary
v frou. which f have read expres.ly prov"ea "n ,|1.'[ I
can d, 1 '' P"lU7 ,lm" "U,,d ,,"i< ur"'l "" Home
:;tr"F- -WiSaa "si: i
J: ,s;:;,r:s r i
J?!?* ,h" of the honorable gentleman
with the more confidence, because I understood from
?? ?:?,|lp? (not more lhan twentyfour hours, I think
beforelie toled on rhi. question) ,n a Olivers, hon held
kr o ^ ?( ,hi? House, that he had not
known ?,, instance which the return had not bee,, rc
c anned as prima face evidence which entitled the ?0,.
I ..or to occupy the seat; this conversation took place 1
in the presence of other gentlemen, among them another I
of my colleague., (Mr. Taltaferro. who nodded assent
k?o?ulSX Th' (Mr "a"k,) <!>ere ?c- i
c at he O I IK 'he Governor and Coun
cil as the only officer, authorized by the law. of New
inhe S gr"."1 lhe.r?m""">i?". Ibat the certificate
of he Secretary of State ??? 0fno manner of validity
and carried no verity with it whataoever Judge then
of iny surprise, air, when I saw that gentleman passing
through the teller.,, voting that these gentlemen had
not a legal right to occupy ihe.r seals ; . ,0te given in
direct contradiction and violat,on of In. own acknow
ledged conviction* of right.
hJ?l'. ' MMk' '*!!* !""? 10 rX',,oi" 11 *?* '?? he
bad stated bore and elsewhere what he would now ro
pe.it, that the certificate of the returning ollicer, whether
he bo the Sheriff or the Governor, was prima facio evi
dence, and that, whenever the .eat wa* not contested,
t is conclusive evnlenru aa to the right of the seat?
Hut what was the caae here ! The House was forced
vhn"' u" "''ere wore ten men silting here,
when there ought only to have been five, and the proper
and the safest course was refer the .uhiect to The
Committee of Election., when all tho facts might be
investigated, and thj0 House might be enabled to form a !
mamaV U ^ r'fc'1"9 ?f "'0 rcsi,ectlTe cl?" 1
Mr Notts. The gentleman makes a wonderful ad
mission?that the return of tho officer is conclusive
whenever the seat was not contested It needed noghosi
o tell it* that. As to the.o ten men, how came they here
who.e fault wal it; who admitted them ; and how did
?bat impair the right of the lawful claimants/ Sir I
aril truly sorry that the gentleman cannot better explain
tho inconsistency of hiscourto.
f I bo Chair interposed, and said it was not in order to
allude lo conversations without the Hall J
Mr. Botts resumed. It may be- so, but thii course
was so extraardinary that I could not help asking
he gentleman tn explain hii conduct; but I prouine
h I!airae?r;,htCn 10 Te'"r with"'
. PH 'IV and 'he gentleman has repeated theui here
wr jvid over again, until none ol us had a dmihi
that he would vole with us on the question. Bui I
am n"t disposed to pursue the matter any further ? if
I . !v? h ""1 W,mls 10 "'M oul ?'" 'he difficulty I
ave him to do so in his own way ; though I should
have been more happy to have'heard him as,i-n
some reasons which would have b-eu more s-nfv
ha's piven0 myS?U and c'lht"rs> f"r 1,1" Vl"fl he
oe!urred0h'rir' r,'" ,0 Tefer " ''at has
rin, ? gentleman from Ohio Mr
M h!3": \n a ;T'"Ch "Hivcrcd bv him yesterday'
nn willin^ii T "u for,home consnmptton, (and I
,V" " ?h?",(l h<""" ani1 he consumed in
, ",s " ought to b>, as soon as it gets there )
the Ho, I? r'T" (,,t,ac,s frn"' 'he proceedings of
to the piv,!1.? riPrpS<*nla,.ives on 8"'"her occasion,
mini i .1 exultation of the members ol the A.l
m niMra.ion parly, and they seemed to rej dee be
C. u-e they houghtthiiseextracts involved sornco'her
frl?m V?? 'M1'0 "?Hise.amnngthe,,, twogClemen
n f^, i i5a^ e"s, Mf Adams and Mr. Lincoln
in palpable inconslaiency. Now,sir, I have exaiiiin
cv n8 h03^' 3nd ' ('? flnd 'h'' lcast 'fcotisisien
tv in the course pursued bv ihetn then and now
' 5,? 'rcu'nslf,ncj!s v.ere altogether different. That
non?i e r,e?"'ar|V feferred to a committee and re
ported on; this is altogether difforent, and therefore
has no application in ihe present Instance.
Ti r'r,i'? 'he celebrated case of Letch
lion rnriv 1 ? gentlemen of the Admini?lra
ibosJ n 0CCUP^ "J5 positions directly opposed to
hose hey occupy in this case. Now".hey go c?.
?'Ply for the freedom of suffrage, and every vote
mii?t" I" l<? ^ S' iaw.fal or an'? wlni, citizen or alien
?ire r'l . r'k"? "r1"' bc counlt-l|1 "? "he People
ore cheated of their rights. Well, hew was it then 1
It appears by the report of ihe committee, paee 754
book ol Contested Elect ions?[ i( it is the pleasure
oi the House, I will briefly state the case as it will
occupy less time ih n to read ihe reportl-thai Tho<
Kennedy, the sheriff, opened the noils in the presence
of two justices of the peace, and proceeded to cry
ihe totes during the first day. On Tuesday the se
of"'the yv?r ? ?1,.ec,ion' in cons quence
of he extreme illness ol his wi/e, left ihe court- I
house shortly nfter ten o'clock, and the two judges
\\ heeler nnd Landrum, continued to receive votes :
until about ope o clock, when Jesse Vantis arrived
during which tunc abuui forty five?votes were taken '
Ihe committee leport all these votes to be illecal' '
because not taken in the manner, Ac. prescribed by I
Uw to wit in the piesenccof the sheriff. Other ,
shirtn KC, *'S'L rcj"clcd hecauvr la ken bv the
. herifl, but not in the presence of the judges ? it he. 1
in? necessary they should be t..ken i,, -he pre '
S nee of bath. ft |S unnecessary (says the report) i
lo inquire whether the persons thus voting were
qualified and entitled to vote, if the officers or per
sons presiding were not qualified to hold the election
an,I receive ihe votes. The State has he righ to
preterm the manverot holding.be election,andUu?
,k ' i ,u er"ir" l' .n 11,0 ,n,,n"cr prescribed bv
received ,,c"-v'f,nd therefore illegally
Hut if the doctrine contended for now b- corrcct
fir-iTno P'VC" 'V Vhe P"IK n,u>l bo couuied m U>e'
first instant, whether legal or illegal. No?v let
n^Le"*i'SJmej iIhe "'*nI|emeri contending lor this
pr iTciple voted ihen, when theirvo.es were to one- |
^?'""nalolthelliLj
us mrjx ,ss.wresss,e? & i
ilXes' nh|hSlfiM("" ar!,n'' nc,l'd as ^e of ||,e j
ji dees or, ,|,e first morning of ihe election, in An
^ ' and J'" another proposition, that all the I
fore *1 he Volt lhc,.econd H;'.V byquahfcd VnUr, be
the resoh r'?tS ?"f !? *M'matcd in ascertaining '
the result of ihe election, ihe whole, or nearly ihe
whole Administration party voted in the negative
and among the names .f those present, I see Jesse
so,, VTen'f ,hCnry W C,,nn"r. I'hileinon Dicker
KW?,-II M
poH, Ac fane is Thoinas, Aaron Vauder
Now. I do not read thr?e thing, for the purpo.r of
rooking merriment, or of placing gentle,,, e,,,,,
a vitward or inconaident position . lor I should no. h.*c
r? ferrrd to them except to .how that tlM.se who live ,o ,
g a-s houses ought tioUo throw atones, and should not br
quite so merry when they imaeiuc .hat o.hcr gentlemen
are involved u, inconsistency
And, Mr. Speaker, I ,?w no gentleman who nulled
w iih a more triumphant air, or sceintd to enjoy his own ;
merriment more than mv fit and good natured friend ]
behind me, Mr. Smith, of Maine Thst worthy gentle
man teemed to bo most exceedingly tickled al the situa
tion in which soma of those on one a"de of the House
ware placed by a reference to speeches of theirs in the
Letcher and Moor# case. I shall see, now. whether lie
will bo quite as much tickled when I present to ihe 1
House some extract, from ihe report of a ta.? of con- i
tested election in Maine. But before I go on I o,iKht
perhaps to inquire whether he j, the aam. Albert R,n?h '
"bo louk eo prominent a pun in ibis cim, for really I
can ararci ly oi.crive him to be the enue man f\
laugh J
[Mr Smith I Jo not know what the gentleman is
going m ra-ad [laughter J
Mr. Botts Sir, the gentleman Aim kmtw whet I
em inipii to niJ, eial drcliiiri answering lo hn iiimi
[Mr Smith No, no : I never do that 1/I did not
answer lo it befaie, | ^ now ]
\.r Uorrs. Well, eir, iben lot us I. ok ? lutle info
ooeintiee avowed by the gentlemen when at twa*.
I in; following ,, aa rtimet from the speech of Albert
i "-"a ' ^ '^<'*l*tiira ol Mono. January ti,
1830, in I lie r??r nf Andrew Roberta, ihe member alert
from H sterb ,rough Mr S himself submitted ibe n,o
liori lo admit Mr Rulierta lo bia e? at. by adding hie
name 10 ihe kiat of members duU returned 'I be speech
and I be preliminary statement of lb* faela are takeu
from Ihe oli Kaaieru Argna of January S, l(*J0
"W*n**er.av, Jan 8, |?3U
'"On mo*ion of Mr Oourne, of Kennebunk, ? rnia
mit'ee waa appointed lo receive and exa'tune the cre
dentials of members, and lo report if a quorum waa pre
eent.
"Afternoon. The House met according to erfiinra
wenl. The commiile appointed for the purpose H |.orl.<|
a lnJ of the members who appear) d In be sleeted, and ?
particular alatuinrnt of facia concerning the cttclieu af
several members
"The queation on accepting the report of ibe ei.in
mitlee lieing pm, Mr. Smith, of Nobleboroogb, moved
that tha report bo amended by inserting tbe name of
Andirtp liulttiti, of Watcrboroogb, one of the raaea
a penally reported by llie committee
' I'pon this esse ihe report ataled that on the 14th of
S-ptewher, at tht town meeting in Wsterboroiigh a/ur
several balloting, for representative, wiihoul effecting a
choice, 'the meeting waa adjourned by Andre* Roberta."
ehiiiinan of the selectmen, lo the neat day, upon whictt
day, on tbo second balloting, Andrew Roberta waa
elected
"Tbe certificate of Mr Roberta's election waa other
wise in re^iibr form, and aigmd by I lie proper certify
ing officers of the town,"
[Mr. Smith here ros- to correct tins statement, iu
sisiing that the ca^c in Mains was not one where two
parties claimed to have a maioriiyai ihe poll* Nobody
coatratrd the sent of ibe sitli/i? rncmb?r, but the only
qiirs'uin was, whether the Selectmen, in deciding
on tin; case, could .kIjouto according to the letter of
tho law from one cf;iv to another. NO, no; the gen
tleman does not catch me going against majorities 'J
| 't'u be continw.il j
IMPORTANT DOINGS IN THE PENNSYL
VANIA LEGISLATURE.
The (till of which tin account in given in
ihn following paragraph, finally passed tho
House of Representatives of Pennsylvania on
Thursday last, and it is said will paj* the Se
nate of that Slate, although a numtnir of lead
ing friends ol the administration I'roin Phila
delphia arc at'Harrisliurg, eurneslly disssuad
itig their own Representatives from passing it :
In the Mouse of Representative* of tho
State of Pennsylvania, on Tuesday ol last
week?
'1 lie bill to compel a resumption of sprcie pavmenta
by the bank* came up in onlcr on its necund reading
After a number of amendments had been offered and
lejected, and othors adopted, the bill passed a second
reading, und was ordered to be transcribed for a third
reading On motion, the ru!? which prevents bills from
being read twice on the same day was dispensed with
bv n vote of two-thirds, (59 toS'J) and tho bill waa taken
up on its third reading.
The following1 is a brief sketch of the bill as it passed
a second reading, viz:
1 The banks ure required to resume the payment of
gold and silver lor all their habihtlea, whether notes oi
depositee, on the loth day of February, IS 10
'i If thev do not do so, any person aggrieved ina?
make complaint beforojho judge of the court, and Ihe
judge shall appoint tho tenth judicial day thereafter for
a hearing of tho parties, and it i? made the duly of tbe
deputy Attorney General of ihe county lo prosecute tho
case. And if ihe facta charged are substantiated ty a
competent witnena or witnesses, the judgo shall within
two days inform the Governor of the fact, a~d it then
becomes the duty ol the Governor on receiving soch in
formation forthwith to issue his proclamation, declaring
| the charter ol such bank null and void for all purposes
except to fulfil its contract* previously entered into, and
; lo enable the trustees to" collect all moneys due to Ihe
I said bank". The Governor ia further required to ap
] point three proper persona (called commissioners) lo
take rliartje ol th.i bank so forleitmg us charter, and the
\ said commissioners are required lo make oath and give
sufficient security before entering upon tlio duties of
their office. '1 he duty of the said commissioners shell
he to collect tbe debts due lo the bank, and pav over
semi monthly, fut> rata, amongst the creditors, all the
money that may come into then hands, and they are re
quired to make a ftnal settlement at tha end of three
years. The noteholders arc to bo paid first, the depo
i films second, and the stockholders last
3 The trustees are prohibited either directly or in
directly from purchasing the notes or obligations of any
bank whose affairs arc iri their hands
4 'I lie ofiiceis and duectors of the banka are re
quired to hand over the books and pajiera lo ihe true
Ices.
5. The sheriff orcoronor is lo serve the notice on the
bank, and reccivo compensation therefor oul of Ihe
county treasury.
ti. Ti e judges are liable lo impeachment for any ne- ?
gleet of ihe duties aforesaid : and any other officer
spoken ol m the bill, for neglect or refusal of duty, sub
ject to ? lino of not leas than $:5(I0 and not greater than
jf'J,000, and imprisonment for a term not greater than
two years and not leas than one month, at the discretion
of ihe court.
7. The act is not to bo construed into legalijing the
suspension by the banks
8 The Secretary ol the Commonwealth is to publish
the act in four daily papers in the city, and Iwo al tho
sent of Government.
[Among the petitions for immediate re?timpIion
and an unconditional repeal ol the charter ol the
United States Rank, say? the II rrisburg Telenraph,
" was one. the? whole or the greater part of ihe ?dgu
ers of which were clerks of the Plnl idelpbia Puel
Office, thus showing that foreign malign influence
continiiesto be exerted in thi^ Stale with lull lorce."J
THE NEW XERSEY CASE.
From Ihf Sitrark Daily Arfrrrtii(r
1 he Popular Vole ?'I hough ihr subject haa no di
rect connection whatever with ibe rlai ns of the com
missioned members lo a seal in ihe House of Represen
tatives until the title lliey bear coold be legally invali
dated, vet for the sake of showing Ibo fallacy of ihe in
terested clamor that thev dul tot reretve a ina|orily of
the legal votes, we publish the fo'lowing latde of ibe
illegal voles, that have been positively asteriamed from
various parts of the Stale It vsill he seen that ihe ma
jority rlaumd by the Adininiatratioii candidate* ia wbolly
spurious :
Aliens, 79
Nun-residents, |0ft
Minors, ja
Persona who had not paid 'ai, 7
I.egal voles reject d, 4
Paupers, g
Persons who voted I* ice, S
Olber illegal voters, A
1'he Saddli River h,ii robbed of e jbl V I g
votes, and vi^bt of Van II irtn to -
acrtcd, |4
Nuuit?eT of illfgsl voters already t' ?enxrad,
who voted the Van H iren ticket, 34J
IIv the Serreiaat'a t'ett ficate. Mr Awi?f "ho
csi Whig candidate) t>sd votes
Add the aliove mentioned 34 I
Making S"i37
From which deduct votes f ar ntruof
room, the highest Aduim ?tra
lion candidate, U1M
And II 'cares ??
majority for the lowest W lug est ' late, Pr Aicngy.
and of conrve a larger n.ajority for t.'M ethers
Or tske from Oov V'rooin's volte es
certified 3*4?a
The lib gal votes 341
And wr have for hitn legal tons ?1243
Which being deducted froui Dr Aycrigc'e
v >tes i?V?4
l-egal volea for Gov Vroom ViHV
Leaves still the Whig majority of 4A
Tu? Exet.otiMii ExrntiTtoN?The II. S ship*
Vincennesand Peacock, brig P<>rp*> ???, ?nd scbtwn
er Flying Fish, werent Otiabeite, Hoeieiy Islands,
on Ihe l^ih September, making -urveys of the har
bor?, ft c. and were to sail in a few day? on a cruiae.
The whale ahip Aw'a-honk, arrived at Wo<id'? H >l?. .
report* that Me offic rs and crew* were all 10 food
health