1834. 1st SESSION. red in by the Senate, the question is at once settled. If, 23d CONGRESS, therefore, he proposed to amend the resolution so as to make it read that Mr. Robbins is not elected, and the amendment should prevail, the next question raised would be, whether Mr. Potter has been elected. Consequently he would prefer taking the question on the resolution as reported by the committee. Mr. R. declar The resolution submitted by the majority of the committee was in the following words: "Resolved, That Asher Robbins, being duly and constitued entitled to tionally chosen a Senator in Congress from the State of Rhode Island, is entitled to his seat in the Senate." his seat. Motion to allow age to Mr. Potter. And the question being taken thereon, was decided in the affirmative, as follows: YEAS-Messrs. Bell, Bibb, Calhoun, Chambers, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, Kent, Knight, Leigh, McKean, Mangum, Naudain, Poindexter, Porter, Preston, Silsbee, Smith, Southard, Sprague, Swift, Tipton, Tomlinson, Waggaman, Webster-27. NAYS-Messrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King, of Alabama, King, of Georgia, Linn, Morris, Robinson, Shepley, Tallmadge, White, Wilkins, Wright—16. So Mr. Robbins was confirmed in his seat. JUNE 12. Mr. WRIGHT Submitted the following preamble and motion, to wit: Whereas the Hon. Elisha R. Potter did, at the commencement of the present session of Congress, cause to be laid before the Senate a commission from the Governor of the State of Rhode Island, duly authenticated, and constituting the regular prima facie evidence to entitle him to a seat in the Senate; and whereas the contest for the seat of Mr. Potter was not finally decided until the 27th day of May now last past, when the said seat was awarded to the Hon. Asher Robbins: Therefore, Resolved, That the said Elisha R. Potter is entitled to the pay and mile-compensation of mileage allowed by law to members of Congress, for his travel from his place of residence, in the State of Rhode Island, to the Capitol, and returning; and also to the per diem allowance of a member of Congress for the time he actually attended at the city of Washington, during the contest pending before the Senate, in relation to the seat claimed by him, and occupied by the Hon. Mr. Robbins. On the 16th of June, this resolution was referred to the Committee on the Judiciary, which, on the 19th, was, on motion, ordered to be discharged from the further consideration thereof. It was then taken up for consideration in the Senate, and having been amended to read as follows, viz. Whereas the Hon. Elisha R. Potter did, at the commence- 1834. 23d CONGRESS, ment of the present session of Congress, cause to be laid be- 1st SESSION. fore the Senate credentials authenticated by the Governor of the State of Rhode Island, declaring the election of Asher Robbins void, and that the said Potter had been elected by the Legislature a Senator for the State of Rhode Island: And whereas the contest for the seat claimed by Mr. Potter was not finally decided by the Senate until the 27th day of May now last past, when the said seat was awarded to the Hon. Asher Robbins: Therefore, ed Mr. P. Resolved, That the said Elisha R. Potter ought, under the Pay, &c. allowcircumstances of the case, to be paid the compensation of mileage allowed by law to members of Congress, for his travel from his place of residence, in the State of Rhode Island, to the Capitol, and returning; and also the per diem allowance of a member of Congress for the time he actually attended at the city of Washington, during the contest pending before the Senate, in relation to the seat claimed by him, and occupied by the Hon. Mr. Robbins; and that the Judiciary Committee be instructed to prepare a bill or resolution for that purpose. It was decided in the affirmative: Yeas 24, Nays 22. On the recommendation of a majority of the Committee on the Judiciary, it was, on the motion of their chairman, moved to amend the general appropriation bill by inserting a clause therein, authorizing the Secretary of the Senate to pay out of the fund appropriated by law for the pay of members, &c., the compensation authorized by the foregoing resolution. This amendment prevailed by a vote of 20 to 19, and was engrafted into the appropriation, and passed with it; so that compensation was allowed to Mr. Potter, as to a member of the Senate. |