MARCH 17, 1830.] Executive Powers of Removal. [SENATE. all. But, if the administration have stricken at the root ness-and laugh in your noble sleeves at the minority when of our tree of liberty, let them bear the consequences in they, with the ancient Greek, demand but light." open day, before the American people. You tell us, the And thus, if you will listen, will this wily emissary President is responsible to the people. How can the harangue you for hours, insinuate himself into your favor, people judge without light? You are about to desert the and ultimately achieve the conquest of the world. post assigned you as the restraining power upon the Pre- From all the indications of the last two days, I now sident during his term, when the mischief will be done, anticipate such a death-blow to the republican feature of on the ground that he is responsible to the people at the our Executive Department--the restraining power and end of his term; and still you refuse to give them the duty of the Senate! This majority will pass the Rubicon! means of judging whether he has used this power of re- Time was, when the patriotic sires of degenerate sons moval for purposes of tyranny and corruption, or for good would have moved heaven and earth at such an outrage causes, rendering the removals proper for the public upon their constitutional rights! But let us not despair of good! Look at the frequent demands of Beverly Allen the Republic. There is a redeeming spirit in the American for the causes of his removal, and the refusal to answer character; and to that we will appeal. him, first of the Secretary of State, then of the President, and then of the majority here! How can the people of Missouri tell but Allen is a defaulter? How can the people of the West tell but their land officers, stricken from ON THE FOLLOWING RESOLUTION. the roll, have failed to make their lawful returns to the "Resolved, That the President of the United States be Treasury Department, or embezzled their funds?-or the requested to lay before the Senate the cause or causes that people of the Atlantic, but the records of the treasury led to the removal of William Clark from the office of show official misdeeds in the former incumbents of their Treasurer of the United States." custom-house officers, when you thus hide your President in inscrutable darkness and despotic silence. But, if the Senate be faithless to their high trust, there is no hope but in the redeeming virtue of the public. SPEECH OF MR. MARKS, Mr. MARKS said, that, in offering this resolution, he intended no disrespect to the President. He had often said, in the presence of this body, that he would not oppose the present Executive of the United States, when he All history warns us that the grand object of conquest, believed his measures to be conducive to the interest and in the invasion of republican liberty, has been this citadel-prosperity of the Union. Were he to act on any other the Senate, or restraining power upon the Executive, by principle, he would not consider himself a faithful reprewhatever name it may be called. You yourselves solemnly sentative of the State he had the honor in part to reprewarned us, in your report, to curtail Executive patronage, sent; but, knowing as he did, that the Senate possessed when Mr. Adams was at the head of our affairs-to beware concurrent power with the President in making appointof the spirit of servility to Executive will, and the corrupt-ments to office, and when a faithful officer was dismissed, ing influence of Executive patronage! That spirit, avail- under circumstances of a nature both aggravating and ing itself of the discords of mankind, has prowled the cruel, he conceived it to be not only their right but their world, like a wolf in sheep's clothing, seeking to surprise, duty to inquire into the causes that led to his removal. and destroy law and liberty; and has deprived more than I am unwilling to believe [said Mr. M.] that such a highhalf the world of them, by fraud and force combined. handed measure would have been exercised during the And we need not be surprised to see this insinuating and recess of the Senate, unless representations touching the enterprising enemy assail this last citadel. Should it come, character and qualifications of Mr. Clark had been made it will not be with sound of clarion and herald of war, to the President, which were both unfounded and unwaropenly proclaiming a permanent despotism of Executive rantable. It is difficult to believe that the President, for irresponsibility. No, it is too cunning thus to give the mere party purposes, would remove from office one who alarm to the public, and defeat the object. It will more so short a time had discharged the duties of the station he probably come sauntering along, like Satan going up to filled, and in opposition, too, to the unanimous opinion of worship among the sons of God; and begin by scattering the Senate, so shortly before expressed. The removal of doubtful speeches among the Senators: as thus the emis- Mr. Clark presents a case of a peculiar nature. I believe sary of Satannothing like it has been before the Senate during this, or "Come, let us reason together--no premature commit- any previous session; and, to say the least of it, it shows tals, my noble friends! It will not do to alarm the public an evident disrespect to the opinion of this body. Let us by proclaiming Executive irresponsibility and unrestrain-revert to the history of the case. able will in form, although we must have it in effect; for During the summer of 1828, Mr. Clark was appointed the rash administration has, without waiting to consult us, Treasurer by the late President, to supply a vacancy that rushed into a dilemma, from which we cannot extricate had occurred during the recess of the Senate. He conthem. tinued to fulfil the duties of his office, to the entire satis"There is no alternative but to enshroud them in dark-faction of all who transacted business with him; no comness, as Jupiter did the enemies of Ajax, so that the pub-plaint was known to exist. At the next meeting of Conlic cannot see to strike them, until the thing be forgotten, gress, and after the result of the Presidential election was and the storm blown over. known throughout the United States, a majority of the "It will not do openly to deny the restraining power of Senate was favorable to, and supported, the President the Senate--that is the very republican feature in the Ex-elect. Mr. Adams, still being in the exercise of the duties ecutive Department. That power and duty are as clear of his office, on the 11th December submitted the nomias the sun in a cloudless atmosphere. Besides, my noble nation of Mr. Clark to the consideration of the Senate. It friends, you are all committed upon that subject already! passed through all the ordinary forms of examination; was yes, even recorded upon that! referred to the Committee on Finance, a majority of whom "Hear my advice, then: acknowledge the restraining were opposed to the then President. The committee, power, seemingly, to the public--say, in your speeches, however, took a different view of the subject from that that removals from office ought not to be made for opi- since acted on by the present Executive; they believed nion's sake, for exercising the freedom of election, to that an honest expression of opinion, which is guarantied reward partisans, or punish opponents-hang this sign to us all by the constitution of our happy country, ought over your door for the public to read; but adopt this grand not to be a disqualification for office; and I am warranted stratagem--vote down all inquiry into the cause of re- in saying this, because it was as well known then as it is movals--cover the administration with impenetrable dark- now, that Mr. Clark had expressed opinions favorable to SENATE.] Executive Powers of Removal. [MARCH 17, 1830. the re-election of Mr. Adams. Yet, with these facts before more minutely than I can do from recollection, into al the committee, they reported the nomination for confirm- the particulars of the service performed by Mr. Clark; ation; and, with the knowledge that the Senate had of the and, secondly, because I believe a majority of the Senate political sentiments of the nominee, the nomination was will consider it as coming from an orthodox source. The confirmed without a dissenting voice. Then, if at all, statement which I propose to read is dated the 4th Januawould have been the time to have raised objections to the ry, 1828, at the very heat of the last Presidential election. appointment of Mr. Clark, and to decide whether a free The paper in which the article is published did as much, expression of opinion was to be considered as a disqualifica- and perhaps more, than any other in the State, to support tion for office: but not being so considered by the Senate, the election of General Jackson--the editor of the paper the President has shown a mark of disrespect to its well-being as warmly attached to General Jackson and his cause known sentiment, by not allowing two months to elapse as man could be; yet, justice to Mr. Clark induced him to after the adjournment of the Senate, before he drove Mr. make the following statement of facts: Clark from the office to which he had been appointed, without cause, and, as I contend, contrary to the principles of the constitution. "During the late war, William Clark held the office of Brigade Inspector of the first brigade, sixteenth division, Pennsylvania militia, composed of the five Northwestern When the political standing of persons appointed to counties of Pennsylvania; and the following duties were office is so frequently brought in review before this body, performed by him: He received general orders, dated it may not be amiss for me to state that the person who was 12th May, 1812, to draft, and organize forthwith, four hunso unceremoniously removed from the situation of Trea-dred and twenty-eight men, which was done without desurer by the President, commenced his political career lay, and muster rolls were transmitted to the Adjutant in Pennsylvania, as a republican of the Jefferson school, General. On the 15th July, 1812, Governor Snyder or and for a period of more than twenty years, which he dered Major Clark to draft and march forthwith two classspent in the service of his native State, has not been es of his brigade, not detached under orders of the 12th known to deviate from these principles, always giving a May aforesaid, to guard and protect the frontier settlefree, full, and honorable support to every republican ad- ments bordering on lake Eric; also, to purchase powder, ministration we have had in the country. If it be neces-and lead for balls, together with all other necessary equip sary to show the estimation in which he was held by his ments and subsistence consequent to the service. This fellow-citizens, a brief sketch of his official life will best order was promptly executed. No money, however, havillustrate that fact. When I first knew Mr. Clark, he ing been furnished by Government to carry the order into held the office of Associate Judge, in one of the western effect, Major Clark applied his own money, borrowed counties of Pennsylvania. How long he performed the large sums, and, in addition, gave his individual obligations, duties of that station, I am not informed; but I can assert, to the amount of many thousand dollars-thus organizing, without fear of contradiction, that he filled that office with equipping, and subsisting the troops, for several months the approbation of all who knew him, or had occasion to before he received remuneration from Government. transact business with him. "On the 10th of August, 1812, Major Clark received an At the same time Mr. Clark held the office of Brigade order from General Kelso, who held authority from GoInspector; a situation which made it his duty, on any sud-vernor Snyder, to call on him, Major Clark, from time to den emergency, to organize and march the militia to any time, for such numbers of militia as circumstances might point where danger threatened, or their services might be require, for the defence of the frontier; to furnish two required; and, in this latter situation, he particularly dis- hundred additional troops for the defence of the town of tinguished himself in 1812, shortly after the surrender of our army on the Northwestern frontier. Erie. Having arrived at Erie with the detachment required, and whilst engaged in providing subsistence for it, We are, emphatically, a military nation. When I say an express arrived from the West with news of the surthis, I mean to be understood in a relative sense; and, in render of the Northwestern army, by General Hull, to the justification of this position, let me only recur to what so British forces under General Brock, and that the British often takes place in this body. Whenever a nomination and Indians were pressing down upon the American setis taken up for consideration, should it so happen that the tlements bordering upon lake Erie, both by land and wanominee has served in any military capacity in the last ter. Immediately on the receipt of this disastrous intelliwar, it is only necessary to hear the statement made that gence, General Kelso ordered Major Clark to call out, as he was a gallant officer, and you know how swimmingly it soon as practicable, all the military forces he could possgoes through the Senate. It is in vain to disguise it; we bly raise. Speedily to execute this order, he left Erie on are all more or less influenced by these considerations: the morning of the alarm, and arrived at Meadville st and while I will not yield to any other person my respect about 11 o'clock A. M., a distance of forty miles, desfor those who have fought and suffered in their country's patched expresses in every direction through his brigade, cause, I mean to show that this principle has not been car-put Captain Witheram's light infantry company under ried out by the appointing power, but that other consider-march by 3 o'clock P. M., which arrived at Erie the fol ations are necessary to ensure success--a devotion to the lowing day by 10 o'clock, A. M., made arrangements for dominant party. subsistence of such troops as might pass through Mcad If it can be shown that no man lives at the present day, ville for Erie. Left Meadville for Erie at 6 P. M. with a nor did any one live at that time, to whom this nation is number of mounted men, and arrived at Erie before sunmore indebted for the preservation of that very fleet, rise next morning. Thus having rode eighty miles within which, under the command of the gallant and lamented twenty-four hours, besides having performed the enumer Perry, first broke the power of Great Britain on the ated duties; the consequence of which was, that upwards Northwestern frontiers, than to the late treasurer Clark, it of two thousand troops arrived at Erie thirty-six hours after will not surely be considered strange that I should offer issuing the order. These troops were also partially suba resolution calling on the President, in respectful terms,sisted by Major Clark, he having received no money from to submit to the Senate the reasons that induced him to Government. After the fears of the frontier inhabitants make the removal. And, to show that I have not been mak-had somewhat abated, these patriotic men returned home, ing incorrect or unwarranted statements, I beg leave to leaving but a small force for the defence of the frontier. read a few paragraphs from the Pennsylvania Reporter, "But a few days more had only elapsed, when the Bria paper edited by Samuel C. Stambaugh, and published tish brig Hunter came to anchor close to the bar of Erie at the seat of government of Pennsylvania. I offer this harbor, and within cannon shot distance. Her decks aparticle as part of my argument--first, because it enters peared crowded with men, her boats were lowered, and MARCH 17, 1830.] Executive Powers of Removal. [SENATE. every appearance of a determination to land troops was ject of military affairs, he concludes as follows: I have exhibited. On this occasion, Major Clark, after supplying only to add, that the Government highly applauds your the troops with ammunition, &c., shouldered a musket, patriotic exertions." " and volunteered as a private in Captain Morris's company, I ask, if examples of such sacrifices were numerous to oppose the landing of the British troops. The brig, during the late war? Do they constitute no claim to pubhowever, hauled off. In obedience to an order of the lic gratitude with those who rule this nation? And the Governor, dated 25th of August, 1812, Major Clark fur-only way left for the Senate to show their disapprobation nished a detachment from his brigade to join the army of the removal, is to do what has been often done heretoordered to Black Rock, under General Tanehill. In pur- fore-to call on the President for his reasons of action. He suance of an order from the Governor, dated September may have been deceived. If so, it will be satisfactory to 5th, 1812, a battalion of militia was organized under general the Senate to know it, and but justice to himself to make orders of the 12th May, 1812, to form part of the army it known. He will not withhold the information. assembling under General Harrison, in the State of Ohio, It may, however, be said, that the President was not for the defence of the Western frontier. Early in 1813, informed of the extent of Mr. Clark's services to the Government commenced building vessels of war at the country, or of his character as a citizen in his native State. Erie harbor, to contend with the British for mastery on I am instructed to say that he did know it; and with the lake Erie, which work progressed with unexampled ra- information before him, it would have been creditable to pidity. About the middle of July the vessels were nearly the President to have suffered him to remain where he completed, and Commodore Perry considered the station found him, at least until he could have had an opportuin imminent danger of an attack from the British with the nity of consulting his constitutional advisers. view of destroying our vessels in their unfinished state, I have now shown the way the late Treasurer served his from the fact that the British fleet daily made its appear-country during the last war. I have shown you the estiance off the barbor. Under this perilous circumstance, mation in which he was held by his fellow-citizens; the Commodore Perry made a pressing appeal to Major Gene- various offices he has held to their entire satisfaction. I ral Mead to furnish militia immediately for the protection have shown how and when he was transferred to this place, of the vessels and other public property then at Erie, to and appointed Treasurer; the unanimity in the Senate in a vast amount. General Mead was so well aware of confirming the appointment. I now inquire, was there the importance to the nation of having so important a lever a President in the United States, previous to the prestation guarded against danger from the enemy, that he sent, with the knowledge of all these facts before him, ordered Major Clark to march his whole brigade forth-who would have exercised such high-handed measures? I with to the town of Erie. With such promptness was this think I am warranted in saying there was not, and I hope order executed by Major Clark, that, in forty-eight hours such examples hereafter may be rare. after receiving it, one thousand militia had arrived at The whole appointing power is conferred upon the Erie, and, on the fifth day, twenty-eight hundred organized President and Senate jointly. Whenever the Executive militia were tendered by Major Clark to the commanding shows a disposition to abuse the power vested in him by General, the greater portion of them having marched the constitution, by an unlimited exercise of those confrom forty to ninety miles. These troops were furnished structive powers, never intended to be conferred by the with subsistence by him on their march; and while they instrument, the Senate of the United States, who possess remained at Erie, large detachments of them were inces-co-equal and co-ordinate power, ought immediately to santly engaged in assisting to get the fleet over the bar, check such disposition, and restore the instrument to its procuring ballast, &c. And when the fleet was ready for original intention. If the President is permitted, during service, as many of these troops as could be taken on the recess of the Senate, to go on, and remodel the Goboard volunteered with Commodore Perry on his first ex-vernment, by turning out and substituting whomsoever he cursion on the lake in search of the enemy. Late in De- pleases, it at once reduces the Senate of the United States cember, 1813, the British crossed over to the American into a mere registering body, divested of all Executive inside, and burnt the town of Buffalo. Captain Elliott, who fluence or Executive control; and this, too, not only withthen commanded the Erie station, where all our vessels out positive grant, but in plain contradiction to the posi and naval stores lay, considering the station to be altoge-tive expressions of the constitution. ther unprotected by land forces, and nothing to impede Again, I am borne out in my opinion, when I say that the march of the British from Buffalo to Erie, deemed it the power exercised by the President to remove from of necessary, for the safety of the station, to call on General fice, during the recess of the Senate, without cause, is arMead for a military force for its defence. To constitute bitrary and unjust; I am borne out in that opinion by a such defence, General Mead issued his orders to Major sentiment that dropped from one of the gentlemen from Clark, on the 1st of January, 1814, commanding him to Tennessee, in the debate on another subject. The genmarch his whole brigade immediately to the Erie station, tleman said, (I took down his words,) "that all men who which orders, considering the inclemency of the season, exercise office for party purposes, ought to be dismissed were executed with extraordinary promptitude and des- from office; but, for the exercise of the rights of suffrage, patch. The time spent by Major Clark in executing these they ought not to be dismissed." I will now appeal to my numerous orders, holding courts martial for the trial of delinquents, and settling with Government, necessarily occupied nearly three years, to the total neglect of all private concerns. And while engaged in performing those services, numerous and arduous as they were, Major Clark received the pay of a major, which compensation, to say nothing of his personal services and those of a horse, was not equal to his actual expenditures. colleague, he has had the best opportunity of knowing, and I am sure he will state nothing but facts. Did Mr. Clark, previous to the last Presidential election, exercise the influence which the office he held, that of Treasurer of the State of Pennsylvania, gave him, to party or polical purposes? I feel confident my colleague will say he did not. That he expressed his opinion freely in favor of Mr. Adams, I have no doubt; but at the time of the election he did not vote on either side of the question. It is well known he then resided in this District, and was not entitled to a vote. "In Governor Snyder's order of the 5th September, 1812, to Major Clark, he expresses his high sense of the valor of these patriotic citizens, who voluntarily flocked to the standard of their country, on the Northwestern fion- I have been somewhat surprised at what we have wittiers of the State, to arrest the progress of an invading nessed in this body, when the nominations made by the foe. In a letter from the Secretary of the Commonwealth, President have been brought up for confirmation, (I allude of the 7th September, 1812, to Major Clark, on the sub-particularly to those of district attorneys.) A member H. of R.] First Proceedings. has not risen upon this floor, however pleased they may have been with the nominee in other respects, but what has admitted them to be inferior in point of capacity to those they have succeeded. And is this no abuse of power in the Executive, to remove good officers, and supply their places with others less qualified? Instead of improving the system of your Government, and the moral and intellectual condition of your citizens, as the President ought to endeavor to do, we find a letting down in every department. Is there no way to put an end to these abuses? There is. Let the Senate pass the resolution now before you, and, my word for it, the President will be more careful in making his selections for the future. There is one other subject I would notice. I would not recur to it, had not so much been said, at different times, by gentlemen in the opposition, about the peace societies that existed throughout the Union during the last war. We, at that period, had a peace society in Pennsylvania; which society did as much, wrote as much, and arrayed themselves as much in opposition to the war and the measures pursued by the then administration as any other similar society. And what do we now find to be the fact? Scarcely had half a year rolled round from the time of Clark's removal, until the President bestowed an office on the [DEC. 7, 1829. very President of that peace society, the confirmation of which took place not more than ten days since, in this body. It may be asked, why was not this information dis closed at the time? To this I answer, that neither my colleague nor myself knew it to be the same man when the nomination was before us, although I had heard of his removal to the West. Yet it never occurred to me as being the same person, nor would I yet have known it, had I not received the information, a few days since, from a member of the other House. It is, however, but candor to state, that had I known the nomince to be the same person, I should have disclosed the peace society business with reluctance. His connexions in Pennsylvania, so far as I am acquainted with them, are highly respectable, and he himself possesses many estimable and good qualities. I have mentioned this circumstance as a set off to the attempts that have been made to make the world believe that the members of these peace societies are now arrayed in opposition to the administration, when the contrary is the case. I fear men are now more regarded for their devotion to those in power, than devotion to their country. I have nothing further to say, but to express a hope that the Senate will pass the resolution now under consideration. DEBATES IN THE HOUSE OF REPRESENTATIVES. MONDAY, DEC. 7, 1829. At 12 o'clock, precisely, the House was called to order by MATTHEW ST. CLAIR CLARKE, Esq. Clerk to the last Congress. The roll of members having been called over by States, it appeared that there were present one hundred and ninety-four Representatives, and three Delegates from Territories. A quorum of the House being presentThe House proceeded to ballot for a Speaker. Mr. CONDICT, of New Jersey, Mr. RIPLEY, of Maine, and Mr. POLK, of Tennessee, being appointed Tellers, announced, after counting the ballots, that ANDREW STEVENSON had received one hundred and fifty-nine votes; which, being a majority of the whole number, ANDREW STEVENSON, of Virginia, was declared to be duly elected Speaker of the House. THE SPEAKER'S ADDRESS. Being conducted to the chair, the SPEAKER elect addressed the House in the following terms: to the individual who fills it, and of increased importance to the public. How far it will be in my power to meet the expectations of the House, by an able and enlightened discharge of the duties of this high station, it is not for me to say. Distrustful of my own abilities, I can promise but little else than zeal and fidelity. I shall shrink from the performance of no duty, however painful; shun no responsi bility, however severe; my time and talents shall be devoted to your service; and, in pursuing the manly and steady course which duty directs, I shall, at least, be cheered and sustained by a consciousness of the purposes, and a confidence in the principles, which I shall bring with me into this arduous service. On your part, gentlemen, I shall expect and need your kind and cordial cooperation, and that general confidence, without which all the efforts of authority would be nugatory; and I entreat you to afford me that aid and support in maintaining the established rules and orders of the House, so necessary to the character and dignity of its deliberations, and the despatch of the business of the nation. GENTLEMEN: I receive this renewed and distinguished In assembling again to consider the condition of our beproof of the continued confidence and approbation of my loved country, I seize the occasion to offer you my corcountry, with feelings of deep sensibility and unaffected dial congratulations upon its prosperity and happiness, gratitude; and since it is your pleasure that I should again and the still more exalted destinies that await it. Whilst preside over your deliberations, I accept the trust, with our relations with foreign Powers are distinguished by alan earnest hope that the choice of the House may not liances and good will, which serve but to render our prove injurious to its interests, or detrimental to its honor. friendship more valuable to each, and more courted by Of the importance and responsibility of this high office, all, our situation at home, under the influence of virtuous it is unnecessary to speak. It has been justly regarded, and patriotic councils, is peaceful, united, and happy. both in relation to its elevation, and the nature and extent How long these blessings are to be enjoyed by us, and of its duties, as one of the most delicate and responsible secured to our children, must depend upon the virtue and trusts under the Government. Indeed, the great increase intelligence of the people; the preservation of our happy of legislative business, both of a public and private nature, Union; and the virtuous, liberal, and enlightened adminis (occupying, as it does, so large a portion of the year,)tration of our free institutions. the number of this House, and the habit of animated, pro- That our confederated republic can only exist by the tracted, and frequent debate, have, of late, tended very ties of common interest and brotherly attachment, by mumuch to render the duties of the Chair peculiarly arduous (tual forbearance and moderation, (collectively and indivi DEC. 7, 1829.] First Proceedings. [H. of R. dually,) and by cherishing a devotion to liberty and union, of clerk took place, the Speaker answered that he premust be apparent to every candid mind; and, as our fa-sumed that he would. thers united their counsels and their arms, poured out Mr. CAMBRELENG, of New York, suggested the their blood and treasure, in support of their common postponement of the election to to-morrow instead of rights, and by the exertions of all succeeded in defending Thursday. the liberties of each, so must we, if we intend to continue Mr. JOHNSON proposed Wednesday, as the medium a free, united, and happy people, profit by their counsels, between to-morrow and Thursday. The object of his moand emulate their illustrious example. tion for postponement, and the only object of it, was to How much will depend upon the conduct and delibera- obtain time to make up his mind upon information which tions of the national legislature, and especially of this he might receive as to the relative merits of the several House, it is not needful that I should admonish you. I candidates for this office. To-morrow the message of the need not, I am sure, remind you, gentlemen, that we are President might be expected to be received, and the other here the guardians and Representatives of our entire coun-officers of the House also were to be elected; so that the try, and not the advocates of local and partial interests: election of clerk could not well be made until Wednesthat national legislation, to be permanently useful, must day, to which day, therefore, he now moved to postpone be just, liberal, enlightened, and impartial: that ours is the consideration of Mr. RAMSAY'S motion. the high duty of protecting all, and not a part-of main- Mr. BURGES, of Rhode Island, said that if the old taining inviolably the public faith--of elevating the pub-clerk could continue to act as clerk for several days, withlic credit and resources of the nation-of expending the out an election, why not for the whole session? When public treasure with the same care and economy that we was his service to end? would our own--of limiting ourselves within the pale of our constitutional powers, and regulating our measures by the great principles contained in that sacred charter, Mr. BURGES said that the mere necessity of the case and cherishing in our hearts the sentiment that the union made it proper that the clerk to the last House should act of the States cannot be too highly valued, or too watch-in organizing the present. But, when the House had fully cherished. The SPEAKER said that that was a matter for the discretion of the House. gone so far as to choose a Speaker, it appeared to him These are some of the great landmarks which suggest that the necessity was over, and that the House would be themselves to my mind, as proper to guide us in our le- without a clerk, unless one should be immediately chosen. gislative career. By these means, gentlemen, we shall Without a clerk thus chosen, he did not see how the not only render ourselves worthy of the high trust con- House was to make any record of its transactions. fided to us, but we shall endear to our people the prin- Mr. ALSTON, of North Carolina, thought that no difciples of their constitution and free institutions, and pro-ficulty could arise from a postponement of the consideramote a sentiment of union and action, auspicious to the tion of the resolution. He thought the resolution improsafety, glory, and happiness, of our beloved and common per in itself, and, when the gentleman from Kentucky country. rose, he was about to have risen himself, and propose that The oath of office was then administered to the Speaker the House should proceed to an election by ballot. by Mr. NEWTON, of Virginia, (the father of the House,) preferred that the whole question should lie upon the taand by the SPEAKER to the members, by States in suc-ble for the present, and that, whenever the House should cession. proceed to the election of a clerk, it should be by ballot. This ceremony being endedAs to the old clerk continuing to act, [Mr. A. said] it had Mr. RAMSAY, of Pennsylvania, submitted the follow-been the universal practice that the old clerk should coning resolution: tinue to act until another should be appointed. Resolved, That Matthew St. Clair Clarke, Clerk to the late House of Representatives, be appointed Clerk to this House. He Mr. RAMSAY expressed his willingness, if it would meet the views of his friend, so to modify his resolution, as to propose that the House should now go into an election of a clerk. Mr. JOHNSON, of Kentucky, said that he was informed that there would possibly be several other indivi- Mr. BUCHANAN, of Pennsylvania, said he trusted that duals who would be candidates for the office of clerk. such a course would be pursued as that the House should He therefore proposed to postpone the election to twelve at once go into an election by ballot. And perhaps his o'clock on Thursday, to enable members to make up a colleague was wrong in now proposing a different course. judgment upon the information which they might in the It had been the practice, Mr. B. knew, where no opposimean time receive of the characters of the various candi- tion to the old clerk was intended, to re-appoint him by dates. This officer, he said, was the chief controlling resolution. The gentleman from Kentucky, however, executive officer of this body; his situation was one high-had stated that he believed that there were other candily confidential and responsible. It was due to the mem-dates for the office. Mr. B. said he did not know the fact: bers, and to the candidates, that a better opportunity but, if there were, the proper course was, as usual in should be afforded for selection from amongst the latter, such case, to proceed to ballot for a clerk. He should, than he at least had enjoyed. He had himself intended himself, vote to lay the resolution on the table, and then to move that on Thursday next, at twelve o'clock, the to proceed to an election by ballot. House would proceed to the election of a clerk; and with this view he moved to postpone until Thursday next the consideration of the resolution now under consideration. Mr. RAMSAY asked what was the House in the mean time to do for a clerk? Could the House proceed in its business without that officer? In offering the resolution, [Mr. R. said] he had only followed the example, set by former Congresses, of electing the clerk immediately af-being a large majority. ter the choice of Speaker. And he asked that the question of postponement should be taken by yeas and nays. The yeas and nays were accordingly ordered upon the question. In reply to a question put to the Chair, whether the late clerk would be considered in service until an election Mr. RAMSAY then withdrew his resolution in favor of Mr. Clarke, and moved, in lieu thereof, that the House do now proceed to the election of a clerk. Mr. JOHNSON, of Kentucky, moved to amend this last motion, so as to go into an election on Wednesday next at twelve o'clock, instead of this day. On this question the House divided-ayes 54, the noes The motion to proceed directly to a balloting was then agreed to. Mr. RAMSAY then nominated Mr. Clarke, and Mr. JOHNSON nominated Virgil Maxcy, of Maryland. The votes having been collected and counted by Mr. RAMSAY, Mr. JOHNSON, and Mr. BUCHANAN, it appeared that the number of votes given in for Mr. Clarke |