That persons who chimer fur ptaticc better than theory, and are celebrated by themselves and their friends as practical men, are always more trustworthy than those whom they deride 'theorists. -The former have usually no guide but their ems (often narrow) experience; the latter sometimes have the light gathered by a thousand clear and active minds, during , •sgee-of diligent mad enlarged observation. A properly constructed theory is the methodizei, the digested result, of what has been seen and done by hundreds of 'practical men' That afirat love is oecegoarily purer, or stronger, than a second, or third, or fourth love. That keeping the door open in cold weather. is conducive to health. That other people have not as many, or as „great cause of unhappiness as our selves. • That any simpleton will do for a leg islator. That any man, whom his neighbors would not trust with -a hiindred dollars of their own money, is fit to be trusted with a most important public interest. That education consists only in being sent to school; or in book learning . That political consistency is .shown by adhering constantly to the same men, through alltheir changes of conduct and opinion. 'mit it is inconsistency to think with one party on some points, and with an oppo site party on other points. Report of the Committee ap pointed to inquire into the organization or the two bodies claiming to be the house of Representatives. 77se commencement of the Report is a mer e history of the facts, as they took place at the first meeting of the House, and as published in the ..Journal " We have given the concluding partalthe Report, and all the material testoriy of both sides. Our readers can Fes at a glance who were (l.' rioters—Ed. Journal. From ti'hs brief summary of the facts in regard to the transactions in the Hall of the House of Representatives , it appears that there were two bodies organized on the 4th inst, and the committee have lear ned from:the testimony before them, and from other sources, that they both meet at ...stated times. and have severally transac ted business in the usual manner practi ced by the House of Representatives,' The only essent al difference in their fak ganization appea rs to be, that the body which elected M r. Hopkir."4 as Speaker, before proceeding . fe. that election, and ()Urine . the time ',net Mess- Watts and semi wet s s upon the members returned by the official Tapers from the Secretary of the Commonwealth to vote for Speaker, ad milted upon motion eight persons as members, without whose agen cy and presence it would have been im possible for them to have made the num ber required for a quorum. Of the un . doubted right ofthe House, when duly or ganised by the election of a Speaker, to deterinitie upon a return in the first in.: stance, there ca nnot be a question; and it would be travelling beyond the - consti tutional power of the committee to attempt to discriminate between the returns on which either or both the bodies organised. Those returns have, hower, Leen placed before the Senate in the testimony of Mr. Shunk, and may aid in arriving at such conclusion, in regard to the two bodies now assembled, as will tend to settle the unhappy difference which interferes with the wonted peace of.the commonwealth. The body over which Mr. Cunningham presides as Speaker, took no question up on the returns furnished by the Secretary of the Commonwealth, considering them all of equal validity; and have thereby es caped one prime defect in their organi- zation which attaches strongly to !the other. The committee have noticed with great satisfaction the remarkable coneidence of all the testimony, and they feet gratified that the Senate will not be embarrassed in their decision by conflicting evidence. Before however,' dismissing the subject, they feel that they should fill ►n a proper dischargert their duty, did they not ex press their entire reprobation of the cir cumstances which had led to the unfortu nate divison in one branch of our govern ment which the presnt state of thing pre sent. Byan illegal and unjust departure frog► duty, the reurn judges of the county of Philadelphia:have brought about scenes which will forever stain the fair fame of the State, and it into be hoped that it the present laws are insufficient to punish such unrighteous invasion of the rights of the people that the very first act of a duly constiuted legislature will be the passage of a law inflicting the severest penalties for such an abuse of power. Should such guards be removed from the sancity of the elective franchise, and the people be left to the fraudulent prat; tices of a few returning officers, we shall soon have every county of the Common wealth infected with the active poison, which in the county of Philadelphia has trampled upon all law and all right and is now shaking the State to its founda ti►~ns. TESTIMONY Frauds R. Shwa, Fetsg. being duly sworn, saith—That lie Wag not present in the Hall of the House of Representatives on ednesdav afternoon, the sth of De-1 cember, instant, until a late hour. Does' not recollect any instance where a mem-1 ber of the House of Representatives tooki his seat upon any other evidence than that received front the Secretary of the Coin-1 monwealth in the organization of thei House, "except the cast of Ellis Lewis in. 1832 and 1833, there (hen being no other l return from the :Secretary of the Cern monweilth. Cannot tell who voted on the motion of Mr. Hopkins, that Charles Pray and others be placed upon the list of members and admitted to seats as mem bere of the House of Representatives, when I put the question I did not look who voted, but 1 heard a sound of Aye; and when I put the negative of the ques tion, (Acre was no answer, this question was•pttt after Mr. T. S . Smith had made hie' objection end protest, and requested those gentlemen who thought such a ques tiou,illegaland improper should not vote upon it. Upon lcalling.the names of the members to vote for Speaker, I only cal led as members from the county of Phila delphia the eight gentlemen whose names were on the return presented by.Mr, Pray. When I called the list of mem bers and only fifty six answered, I con sidered that the seperate action of the two sections of the House was obvious - . A mong tho.fifty-six members who answer ed, were 4.11 e, eight gentlemen. limped on the return presented by Mr. Pray. Does not think a noose of Representatives le gally organized in the first instance, would cease to be a House if nc quorum el the members 'subsequently attended its meetings, but would be. House for the pur pose of adjourning from day to ual, , for no other purpose. Has heard It quently said by the members of the House over which 'Mr. Hopkins presides, 'that the members of the Cunningham House should not be permitted to occupy the Hall of the House orßepresentatives: they regarded the House orgaoliod un der Mr. Hopkins as the legally con t ti u _ ted House of Representative;, Doesmot recollect any instal n ‘:';`.:iere tellers were appointed • than the Clerks to take ,the vi es for Speaker, The usual mode of organising the house, is first to call the names of the returned.members, to aser tain who are present, before they proceed to elect a Speaker! The object of calling . the roll in the first instance is to ascer tain the presence, of a quorum, but that could he as well ascertained by the mem bers vcting FR. R. BRUNK. Swoi'n and - subscribed before . ine, De cember 15, i 838.- .. F. FRALEY, Chairman. Thomhs, S. Smith being duly affirmed, saith—That he has.attended several nice tines of the House of Representatives, or ganized under Mr.Cunningliata as Speak er since its organization on the fourth last aurae ui its trActings were held in the Su prem‘: Court room of the State Capitol and some at Wilson's Hotel, in room No 40. The first meeting after the adjourn: !tent in the Hall of the House of Repre sentatives in the Capifol,Was at the room in Wilson's house; several meetings were held there, at one of which there was a quorum, During the time they met at Mr. Wilson's house there was a fear pre vadin°g the breasts of the members gener ally, that it was not safe to come up to the Capitol on account of the apprehein ded violence of persons 'collected in the boroush of Hai risburg. On Wednesday, the sth inst. there was an attempt made to meet in the Hall of the House of Repre sentatives: I came up to the Home, it was crowded with persons, some mem bers, and some not, most of them not mein hers. I recognized among them a num ber of persons whom I had seen in the Senate Chamber on the afternoon of the 4th inst. and who were active in the dis, turbance which then . took place in that Chamber. 1 suggested to some gentle men whom I saw there, and who had par ticipated in the proceedings of the House which elected Mr. Cunningham Speaker, that it was impossible f2r us to organize then, that we had better agree informally to adjourn. I left the Hall, and after I had got out of the Hull some disturbance took place, the particulars which at e un known to me as I did not see it, having only heard the noisy and bustle. After that time we met at ,Mr. Wilson's Hotel at the standing hours of meeting fixed on the 4th inst., until it was stated by one of the members that Mr. Wilson had giv en notice that he could not permit us to meet there, as threats had bee,u made to pull down his house if he permitted it. The next meeting I attended was . in the Supreme Court room, this was afte.r the arrival of the troops, since then we had met in the Supreme Court room,—Consid era the House organized under Mr. Cun ningham is still in existence, has seen the journal and believes there has been a daily meeting. There was but one meeting at which I attended, when a quorum was present. There has been no determina tion on the part of the Cunningham house to take possession of the Hall of the House of Representatives by force; on the contray there hag been a determina ' tion to do nothing by force. , Did not sub scribe the oaths at the time of the organi. zation of the House; believes that Mr Cunningbam then subscribed. I subsea. bed at the meeting held at AN Wilson's, at which we had a quorum; thinks that meeting was held on Wednesday night. The oaths and affirmations were admin istered by Mr, Cunningham in the ball and subscribed afterwards. Does not think any secession , would have taken place or any seperation ensued, if Alt Lopkins had not made-his motion to place the name of Charles Pray antLothers on Ithe list of itnembers; conceives that then Mr. Hopkins and his friends seceded, as we were !proceeding with the election of lour Speaker., Mr, Stevens had previous ly to that time intimated that there - might be a seperate action on the part of those who differed with us as to the course to !pursue in the organi7ation of the House, 'and that it might produce the result of electing /two Speakiis.: Did RA under ' stand Mr. Stevens to wish such a sepera tiott, but merely to intimate what might possibly happen. We held that the mem bers elect could only act on the returns from the Secretary, and that no vote of any force could be taken upon the ad mission of persons other than those t•e turned by the Secretary; we did not con sider that such persons were admitted or ' could be admitted, and act in conformity with that view. We suppose a portion of the members elect might attempt to ad mit persons as members from the•county, not returned .by the Secretary, but did not ;:now that they would carry ii, out by a s...perate organizatio►i. TOS. S. SMITII. Affirmed anti subscribed before me. .December 15, 1858.. F. FRALEY, Citairnian .I . I.H:fMAS 'S. SMITH; Esq., being •daly affirmed, states —That he came into the Hall of the House of Representatives a little bekre eleven o'clock, and was then informed that it was proposed. to organ ize the House at' eleven; he was told that it was at the suggestion er "- '" " - -• asked •.si, am it was io; he sa id I • At eleven o'clock Mr. making the announcement in the usual form, that the House should organize, moving that the Clerk of the last II oese should open and read the returns from the r.qt . '„' 1-'iiila delphia and the ',,"everal Z:, - .inties of the coln".:OnweLlill.. That . motion WO3 car rlzil without a dissenting voice. It being stated that it was carried, the Secretary ~of the Commonwealth appeared at the bar, and stated he had the honor to pre sent to the House of Representatives the . official returns of the election of 18,38, for the, city of Philadelphia and, the several counties of the Centupanwealth for mem bers of the House of Representatives. He went fort; aril to the Clerk, and put flon lin his possession. The returns were all in one envelope. Mr. Shunk opened then., and proceeded to read the t•etern from the city of Philadelphia. After reading the return from the city of Phila delphia, Mr. Shunk opened the return from the county of Philadelphia: and an nounced that it Was thrretura front the county, of Philadelphia. Mr.. Pray from the county of Philadel3Jiia, robe in his place and asked'tha Clorklry when that return was signed; he was told by the ace.: who sipers.wore as return judges. Pr..iy d . that w ya.,eatura; that he had in his hand _areturn, which was the correct return, :reipitfed copy of that which' was yli; • Prafliono tary's. office. of Plidadeiphia,.-whiolt he presented to the Clerk by going to, his ta ble and giving it to him: Mr. :Munk as ked if both these returns should be read, ' meaning the retorts presented by the Sec retary and that sent in by Mr. Pray; and put it as a question. I rose in my piece and objected to tha reading of the return presented by Mr. Pray, insisting That the House could organize only on the returns furaieted by the Secretary of the Coin menwealti. I objected to the power of the body then assembled to take a vote on the subject-and contended that these persons who were returned as elected by the certificate presented by Mr. Pray, could only obtain their tioats if the return, presented by the Secretary was false, by contesting the election in a mode pointed out by the act of Assembly, after making that protest and giving those objections. Mr. Shunk proceeded to read both returns taking the question before reading, "Shall they be read?" and there was an answer in the affirmative: a considerable portion of the members present declining to vote. After the returns were all read, Mr. Stevens moved that the House proceed to the election of a Speaker, and .that for that purpose two tellers be appointed. He put the question himself, and announ ced that it was carried; there were votes on the question both Aye and No—the noes ifew. One portion of the House I think declining to vote on the question, from what I heard afterwards. Mr. Ste vens' motion included the names of the tellers, Mr. Watts, and Mr. Zeilin. Upon its being announced that the motion wascarried, carried, - these two gentlemen proceeded to the Speaker's desk and placed some paper upon it, the contents of which I did not see. Mr, Watts, one of the tel lers, aided out the names of the members; Mr. ZeTlin announced the vote that each gaisf for Speaker. Mr. Watts, in calling the 'dames, called those from the county who were certified to be elected on the return front the Secretary of the Com monwealth. After they had called all the members' names, Mr. Watts, one of the tellers, announced that Thomas S. Cunningham had fifty-two votes for Spea ker, and wastherefore duly elected. Mr.' Cunningham was escorted to the chair by two gentlemen, not now recollected, and made a short address to the House, and then asked the House if they would ap point a person to administer the usual oaths. Ire was responded to by several persons that the Speaker should himself call upon same one for that purpose, and the Speaker then named me. I advanced from my place to the front of the Speaker's chair, and administered the oath to Mr. Cunningham, who swore with t • e uplifted hand; the oaths administered were. those required by the constitution of the United States and the constitution of Pennsylva nia. Mr. Cunningham then administered oaths and affirmations to the members, calling upon them to come forward for' that purpose, After the oaths had! been administered to all those who came forward to be qual ified, a motion was made by Mr. Spack man, that a committee be appointed to in form the Senate that the House was or-' ganized and ready to proceed to business. Mr. Sparkman and myself were appoin-, ted by Mr. Speaker. Cunningham, to per-, twin that duty. A motion was Made by Mr. Cox for another committee—l think to watt upon , the Governor—which was carded, and the committee appointed. A motion was made by some other person, that the ru les of the last House be the rules of the present House until otherwise ordered. A motion was made by- Mr. Crabb, fix ing the hours of meeting. A motion was then made to adiourn, put by the Speaker, and Carried, 'l b is was all done in the Halt of the Uouse of Representatives. • The whole of the business -was done in some considerable degree of confusion in the Hall. • The confus on was among the Members and spectators, who crowded the floor of the House, the lobbies and gal . leries, although the coausion did not in terrupt the regularity of their proceedings. I have given you a statement of the course f proceeding of those getitl! . !nen .wh" l elected Mr. ' A no .mer portion of those present took a dif, 'ferent eouese of 'proceeding, After: Mr. Stevens' motion had beefs .- left - and carried ler the appointment of tellers to 'e , e e t a Speaker, Mr. Hopkins, ef Washington county, moved the nausea of :the Iteembers ton: the county of Philadelphia, certified to be elected by .the return' presented by Mr.' Pray, be put 'iapen the list - of members; 'Mr. Shunk put the qUes tioti aad:•there : was a vote .of Aye .through out the House 5- a considerable portien, el, the gellery. Mr.• Shunk after that pro ceeded to call over the natn , 2s of the niem ' bers, and called in that list the names'of the members for the county, , ,as certified in the return presented by Mr. Pray;,.af- 1 ter they got thro# iheyprecee 7 tilect to el e ct a S4ieaker. Mr. , Hippkins, after tlie.electibn was eoncluded, was are mei - neck! 'be"Ziected, having received 1 tifty:fiveivr fifty - -six votes, I think fifty five velaii— , that portion of the body - pro.J ceetied to do other acts in the course of organisfng tile House, but I do not recel lect them, as my attention was called to' the •proceedinge of the body with whom acted; the two-portions were aetimeatihe same time and dillerine; from eiselr, other, from the time Hopkins made the . mo tion in reference - t he county inembers, until the adjournment oldie body which elected Thomas S. Cunningham Speaker,. titsally-.oeperated, them. left the House beferethe Ledy e7,lsich elected Mr. Hop 'kin& Speaker, had : ft:insect their procee dine; and cannot eta.: any thing further of the procJerlings filet body. • • euestion• by . Mr. Etein"—There; was concert'of action, apparently, until the time Mr. e; made his motion to in sert the names of the county members, as stated in the return presented by Mr. Pray. They- agreed unaniinolialst that the Clerk should read the returns... When Mr. Pray presented his return, I protested against it, and from that time they may be said to have acted seperately, but titE ;,,-ely which elected Mr, Cupnbig,ham Speaker, considered those returns a nul lity, and acted upon the other. The other body commenced their seperate ac tion when Mr. Hopkins made his motion in reference to the county return, that be ing their first overt act of seperation; our first act indicative of our. views was my protest against reading the return presen• teil by Mr. Pray. I have been a member of the legislature for three sessions before tl►epreseuh there was - a difficulty hereto fore. The organization of the House has been conducted differently in one res pect; instead 'a tellers bein appointed to take the vote to elect a Speaker, they have been taken by the Clerk. Does not re collect that any question was ever taken upon the return. Question by Mr. Kingsbury--It has been usual for the Clerk to take the ques tion. Question by Mr, Fraley—The body over which Mr. Cunningham was elected Speaker was transacted business before the election of Mr: Hopkins; I think that the. com nittee had been appointed—that it was certainly doing business before he was elected. Question by Mr. Kingsbury—The ques tion taken by the Clerk on the return pre sented by Mr. Pray, was asked informal ly by the Clerk, before I objected, but. 1 conceived the question suspended until after my objections were given at some length. He put the question; some few said aye, and I began to make the objec tion— not certain that he put the question after my objection, think he did not, but feel certain that he did not announce it carried after I had objected, nor at any TIIOS. S. SMITH. Affirmed and subscribed before me, December 14, • 1838. Fe FRALEY, Chairman. W .M.W ATTE', Esq. being duly sworu —States that he concurs generally, with the statement Finn by Mr. Smith, the va riations from it. are as follows:.- When IMr. Burrowes auuounced to the Houie Ithit he presented the official return, he went to the Speaker's table and laid the , returns upon it, and then, without speak ing, turned about and went to the fire place. Mr. Smith, in his protest, remar ked that if there was any person there' competent to act upon taking the ques- • tion on the return furnished by Mr. Pray, it was the members from the city alone, as they were then the only persons whose returns had' been read. Mr. APElivee, or a man said to be Mr. M'Elwee, of Bed ford, replied to Mr. Smith; he seas ex , ' tremely violent and abusive of the Secre tary of the Qommonwealth,_ turning around and addressing the crowd that was in the galleries and lobbies', and con tinued speaking. until Mr. Skunk advan ced to his dwk and'spoke to, him. Atter Mr. M'EtWee had ceased, Mr. Hopkins moved that both returns from the count* should be read; the vote was put by the Clerk ; and some of the members and some. of the crowd voting in the affirma tive, no person voting in the negative.— - Afttr the returns from all the counties had been read, Mr. Stevens got up and stated that before he sat down he:inten ded to move that the House proceed to elect a Speaker, and that tellers be ap, pointed. That the proceedings of the House in permitting the returns furnish edsby Me. Pray to be f 614 were Merl,' and that lie and those who ttz,,•-' him upon that sub.!tet ,I,e,with proceed. to (n l anl " i I Q tuuse according to the re rn furnished by the Secrctaey of the Commonwealthf and after some further remarks:MOved that Mr. Zeilin and my self be the tellers: Mr. Smith, he re marked, I believe, that Mr. Hopkins mo ,":Zzi to the name of Charles Pray, and others, on the roll of members;. I' make this remark, becauie I stated that Mr. H. made another motion. Mr.• Con - Hingham, of Huntingdon county, made the motion for a committee to wait upon the Governor. Mr. Cox, the motion that a committee be appointed to report rules, In the proceedings of the person's who elected Mr. Hopkins Speaker, my im pression is that M. Shuuk called both sets of members froin the county of Phil a defphia, being sixteen persons. • The committee to wait upon the Son 'at -4, of which Mr. Spackman was chair- Man, •and the committee appointed to wait upon the Governor, were appointed while Mr. Shunk was caltiog the names of mem. bers to vote for Speaker. When Mr. Shunk declare Mr. Hopkins elected Speaker;there 'was a tremendous shout from the galleries, which was joined in by many eittinot the members' desks, and among the most vociferous was Mr. Mc Elwee. Mr. Hopkins was conducted to the"chair by Mr. McElwee and a man whom :I have her.rd called Col. M'Calien. The platform of the Speaker's chair was filled by persons appacently not .nietnb.ers • tho House, among Ahem M'Cahen and some rough looking mem:--M'Cahen occa sionally beckoning 'to' the spectators, in othey, parts of the' House, as if to come forward. , • • •• • Quo/ion by Mr.Sterrett —cross , exam ined—Obtained a roll of the members from Dr. Fauns, and ou calling the names, called but eight inetnbers front the county, namely—Michael Day, W. J. Crans; Ad ! am Woelper, Hugliee, Mears, Reed, Smith, Loyd. I mention these names becanse my attention was particularly, called to them by the conduct of Mr. Shunk, that he read the return furnished by Mr. Pray first, before he read those furnished by the Secretary of the Com. monwealth, and it occurred to me on the instant that he did not intend to read the names of the latter at all—but he did read then both. Question by Mr. Ewing—MrlM'Ca- hen, who conducted the Speaker (Hop kins,) to the chair, is not to my knowl edge a member of that House—there was a great deal of noise and confusion in the galleries—the crowd being repeatedly requested to keep quiet, but would not. Mr. Stevens, after renarking that the House had got through with the ordin: ry business of the day, and that there were other persons there who wished to trans: act business, moved to adjourn. Mr. Hopkins, after being conducted to the chair, was sworn, I think, by Mr. Smith. of Franklin county—not certain whether he swore or allirmed, and then Mr. Hopkins called upon the members to advance and be sworn. . Question by Mr. Kingsbury--Mr. Ste vens said he presumed there were men in the Hall who differed fawn him as to the course to be pursued in regard to the or ganization of the House, but that was no , cause for men, who were in other res- I. pects friendly, to become exasperated and encourage bad feelings; and as they might be conscientious in regard to or ganizing the House, as he believed the law requires them to do, that they might pursue a different course--and that when the names were called they might refuse to vote either way, or not vote at all—the House not being organized, could not compel them to vote. Question by Mr. Kingsbury—Mr. Hop kins made his motion to read the return handed by Mr. Pray after Mr. Smith had made his protest, and after Mr. Mc El wee had commenced speaking and was inter-: rupted by Mt: Shunk. Mr. Pray direct ed Mr. Shunk to read the return, but no vote was taken, Mr. Shunk merely ask ing the question, "shall the return be read?" When the names were called some of the members answered 'aye,' some 'yes,' others answered ''Thomas S. Cunning lain,'—one man, I think Mr. Love, did niit'inkwer at first; the second answered 'aye'—the third 'No' WNI. M. \VA'll'S. Sworn and subscribed before me, De. Icember 14, 1888. F. FRALEY, Ciwir,non MR. SMITH again— Quebtion by 111•. Sterrat—is arquilnkd frith_ Ms terijitiThill not see hi m conduct Mr. Hop. kins to the chair, my attention being 'chiefly directed to the organization of the House under/4Zr. Cunningham, in order to see Iltat•it wits done properly. Aft? I Made My protest against reading ti..! re turns as furnite; by Mr. Pray, M r. Hok,- kins made the motion that both return: read, the question was put. I think I . • made a seeond protest against it, and ho ped that those who thought as' I did would not vote at all upon the question. THOS. S. SMITH. AffirriN and subscribed,' before me December 1t; 1408. • • F. PRUPY, Cbuirinan. .• . , Mn. W.tris, again called --LThinrs - , - A - * recollection, that the paper from which he eilled the names, was' obtained from Ve. Zeilin,_ .. • WM. M. WAY-I's. 1, Sworn and subscribed &afore me !ie.: . cember 14, IsB3. • F. FRALEY, Uairman. Gentlemen of the Commit!f e bay been politely invited to appear before th:s committee, to furnish them with any in, formation we may possess Oh the inquiry now Under consideration. Whilet cheerfully comply with this , .invitation; wish it to be understood that our . ap pear ance here is not to be considerecr'ras an acquiesence in the constitutional right of the Senate to institute such an incitrirrA is now pending before this - consinitteonati ' i,nquiry which:seems to involve the! !rola, : to determine on the right of .meniberooqi in the Ifoube ?f-Represen:tatives. your notes to tis, c it;_:ssems ,you, are ap pointed for the Pilt 4 pdk "of invistigatiN, the facts in relatieri - to the botlics claim ing to b'e the House .01 Representatives." We were both present in,.theiAalt;ot„the Ildutie of Representatives on Tuesday the 4th inst. during the whole time the blouse was in session, and we will give the coin- Mittee the fltcts which recur - to our recol lection.-- Mr: from Westinorelatfd, gave information 'that at eleven o'clock the members woulitistoeeed to organize the House. At elleime o'clock the same gentleman made the - usuilkWidtliiii that the Clerk should read the several return; of the election, , which was ',treed to.-z The Secretary of the ComnionviTalth'apt, peered in the Hall, and stated that he had the honor to presentthe official returns of he election, and walked'upto the Speik er's table and laid 'the returns on it. The Clerk went to the table and got them. A. motion was :then made that. the returns should be read, which was carried. The Clerk that :proceeded to read the returns -the.matial ordeiVoommencing with • 411 city of Philadelphia: • He' then took up the return of the county of Philadelphia, which was the next in.order. ifir. Pray. from the county of Philadelphia, among other things inquired of the Clerk how many judges had signed the return.i The Clerk informed him that it was signed - by W. G. Coarow and five others. Mr. Pray then said that the return in the hands of the Clerk was not the legal re turn; that it was signed by a minority of Ithe judges. That he had - a copy of the return signed by ten judges, being a ma jority of the judges, which copy was 'Cer tified by the Prothonotary - of the county of Philadelphia, and which was the legal return; and handed such certified copy to the lerk. Mr. Smith, of the city of Philadelphia, objected to the reception of this ceitified copy as evidence stating his reasons. A motion was then made and carried, that both returns should be read. The Clerk then read both returns front he county of Philadelphia, and.. all the other returns from the different counties. Immediately after the returns were read, and before the Clerk called the name's of the members elected, so as to ascertain who were present, and which has been the uniform practice, Mr. Ste vens rose and atter seine remarks made a motion that the members proceed to the appointment of tellers, and to the elec - tun' of Speaker. The members named in his motion for tellers, were Messrs. Watts and Zeilin. In the course of his remarks, he said he did not expect that gentlemen who did nut think with him, would vote om his proposition. That if it should happen that two Speakers were dected, there would be room enough on the platform for both, and that the ques tion could or would be determined by the proper tribunals of the country. When lo had concluded his rilmarks, he put his 'notion, saying, "Gentlemen, are yo.! agreed?" and Immediately pronounce:O. it. agreed to. The Clerk proceeded to c:111 over the names of the members, fifty .six. answering to their names. After this, motion was made that the member'; }res. ent proceed to the election 'of SiieaUit which motion was put by the Clerk and carried; and it was agreed that the Clerk should actas tellers. After Mr. Stevens pronounced his motion agreed to, Messrs. Watts and Zeilin took the Speaker's, stand and called over the names of the members, some voting for T. S. Cunning ham, some answering here, and others not answering. This in some degree) inter rupted the Clerk in the customary busi.
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