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.