1833.

the instructions so given. Pending the consideration of this 23d CONGRESS, resolution, Mr. CLAYTON, of Georgia, moved to amend it by striking out all after the word resolved, and inserting the following, viz.

1st SESSION.

Motion to ad

"That Robert P. Letcher is entitled to a seat in this mit Mr. Let House, as a Representative from the fifth congressional district of Kentucky."

cher.

Motion for a new election.

Mr. Clayton's preamble.

The question on this amendment was decided in the negative: Yeas 112, Nays 114.

On a recurrence of the question on the resolution reported by the Committee of the Whole House, Mr. J. Q. ADAMS moved to amend it by striking therefrom these words: "it being impracticable for this House to determine with any certainty who is the rightful Representative of the said district;" which words he declared to be unnecessary, dishonorable to the House, and inconsistent with previous decisions of the House, made in this case.

The amendment was rejected.

The resolution reported by the Committee of the Whole House was in these words:

"Resolved, That there be a new election for a member of this House from the fifth congressional district in Kentucky, it being impracticable for this House to determine with any certainty who is the rightful Representative of said district."

To this resolution, Mr. CLAYTON, of Georgia, moved that the following preamble be prefixed:

"Whereas, by the returns of the election for a Representative of the fifth congressional district in the State of Kentucky, it appears that Robert P. Letcher had a majority of forty-nine votes; that the said election was contested by T. P. Moore, and the Committee of Elections, to which the same was referred, reported to this House that there was an election, and that T. P. Moore was elected by a majority of 44 votes of all the legal votes in said district. And whereas this House, by sundry resolutions, has added to and subtracted from the votes of each party, in the following manner, to wit:

From the majority as reported by the committee, viz. 44
They have restored the votes given on the first day

before Grant

(Ought to be 25,)

23

They have restored the votes on the second day in

the absence of the sheriff,

45

15

Taken from Letcher on Mr. Pope's amendment,
June 10,

5

10

Do.

do.

June 11,

4

6

Taken from Moore on Mr. Marshall's amendment, to be added to Letcher,

5

11

Whereby it appears that Robert P. Letcher received a majority of eleven votes of all the legal votes in said district.

"And whereas it appears, by motions now pending before Mr. Clayton's this House, that sundry other votes are yet in controversy preamble. between the parties, and the House having stopped the investigation upon those votes which were alleged to have been illegally received by T. P. Moore."

Mr. MARDIS inquired if it was in order for him to move to lay the proposition of the member from Georgia (Mr. CLAYTON) on the table; as, if it was, he should submit that motion; not, however, because he dreaded any effect from the paper itself, but that he considered the proposition itself a direct insult upon the majority of the House.

Mr. CLAYTON. The gentleman from Alabama (Mr. MARDIS) says my amendment is an insult to the majority of the House. Sir, it is the first time, among honorable men, that I ever heard that the truth was offensive. My amendment contains an accurate history of the facts of the case, as they appear on the records of the House, and, consequently, is the truth, the whole truth, and nothing but the truth; and, if that is insulting to the gentleman, I would hope he is the only one in the House that would be insulted by that virtue. I regret that it should hurt his feelings; but, I repeat, I trust no other member will consider it an annoyance.

1833.

Mr. CLAYTON then withdrew his motion [to affix the said 23d CONGRESS, preamble,] but it was renewed by Mr. GARLAND, and decided in the negative: Yeas 72, Nays 136.

1st SESSION.

A new election ordered.

The question was then taken on the resolution submitted by the Committee of the Whole House, and it passed in the affirmative: Yeas 114, Nays 103. And it was consequently determined that there be a new election; "it being impracticable for the House to determine with, any certainty who is the rightful Representative."

CASES OF CONTESTED ELECTIONS

IN SENATE OF THE UNITED STATES.

THIRD CONGRESS-FIRST SESSION.

CASE I.

ALBERT GALLATIN, of Pennsylvania.

[Mr. G. a native of Geneva, emigrated thence, and came to Boston in 1780, in 1783, he removed to Pennsylvania, and in the same year to Virginia, where he purchased a large tract of land, and took an oath of allegiance to the said State. In December, 1785, he purchased an estate in Fayette county, Pa. where he has ever since resided. On the 28th of February, 1793, he was elected from that State to the Senate of the United States. It was determined that he was not entitled to his seat, not having been "nine years a citizen of the United States."]

DECEMBER 2, 1793.

The Vice President laid before the Senate the petition of Conrad Laub and others, relative to the appointment of the Hon. Albert Gallatin a Senator of the United States; which was read.

Ordered, That this petition lie on the table.

On motion,

DECEMBER 11.

Ordered, That Messrs. RUTHERFORD, CABOT, ELLSWORTH, LIVERMORE, and MITCHELL be a committee to take into con

sideration the petition of Conrad Laub and others, stating Charge against that the Hon. Albert Gallatin, at the time he was elected Mr. Gallatin. a Senator of the United States, had not been nine years a citizen of the said United States, as is required by the constitution, and report thereon to the Senate.

DECEMBER 30..

Mr. RUTHERFORD reported from the committee to which was referred the petition of Conrad Laub and others; which report was read, and ordered to lie for consideration. The report was as follows:

"The committee to which was referred the petition of Conrad Laub and others, stating that the Hon. Albert Gal

1793.

latin, at the time he was elected a Senator of the United 3d CONGRESS, States, had not been nine years a citizen of the said United States, as is required by the constitution, report:

1st SESSION.

tition was re

ferred.

Report of the "That the committee have conferred with Michael committee to Schmyser, agent for the petitioners, and with Mr. Gallatin; which the pe- that Mr. Schmyser has declared that the petitioners were ready to adduce proofs in support of the petition, at such time as the Senate may think proper to appoint; that Mr. Gallatin states no objection to the trial's commencing at an early day. The committee therefore recommend that the Senate agree to the following resolution:

Mode of pro

"Resolved, That

be assigned for hearing the petition of Conrad Laub and others, respecting Mr. Gallatin's right to a seat in the Senate, and that Messrs. Gallatin and Schmyser be furnished with a copy of this resolution."

On motion, it was agreed to postpone the report of the committee, to take into consideration the following resolution: "Resolved, That a Committee of Elections, to consist of ceeding sug- seven, be appointed to report rules for receiving petitions gested. and conducting inquiries relative to the qualifications of a Senator, and that the petition of Conrad Laub and others be referred to the same committee, to state the facts, and that they be authorized to send for persons and papers."

On which a motion was made and seconded, to postpone this motion, and to take up the following:

"That

Further propobe a committee to ascertain and sition as to the state to the Senate the facts relative to the time when the mode of pro- Hon. Albert Gallatin became a citizen of the United States, ceeding. and that the said committee have power to send for persons and papers."

A Committee of

Elections

appointed.

Whereupon, a motion was made and seconded, to postpone the preceding, and to take into consideration the following motion:

"Resolved, That a Committee of Elections be appointed, and that the petition of Conrad Laub and others be referred to it, to report their opinion on the merits of the said petition." And, after debate, the Senate adjourned.

On motion,

JANUARY 13, 1794.

"Ordered, That a Committee of Elections, to consist of seven, be appointed, and that the petition of Conrad Laub and others be referred, without prejudice to any question which may, upon the hearing, be raised by the sitting member, as to the sufficiency of the parties and the matter charged in the petition, to the same committee, to state the facts, and that they be authorized to send for persons and papers; also, that Messrs. BRADLEY, ELLSWORTH, MITCHELL, RUTHERFORD, BROWN, LIVERMORE, and TAYLOR be this committee."