After some remarks from Messrs. WALKER and BENTON,

Mr. BLACK offered an amendment to the rule of the House, specifying particularly all the acts which should be embraced in it, and confining its operation to them solely; but, at the suggestion of the Chair, modified his amendment so as to make the resolution of the House read as follows:

Resolved, That the 17th joint rule of the two Houses of Congress, which declares that no bill or resolution shall be submitted to the President for his signature on the last day of the session, be suspended so far as respects such acts and resolutions as have already passed both Houses, and received the signatures of their presiding officers.

The resolution, thus amended, was agreed to, and sent to the other House for concurrence; after which,

A message was received from the House of Representatives by Mr. FRANKLIN, their Clerk, stating that they had concurred in the amendment.

[JULY 4, 1836.

After the consideration of executive business,

A message was received from the President of the United States, by Mr. DONELSON, his secretary, stating that he had signed the several bills (specifying them by their titles) submitted to him on that day.

The motion submitted by Mr. GRUNDY, for the appointment of a joint committee to wait on the President of the United States to inform him that the two Houses of Congress were ready to adjourn, and desiring to know whether he had any further communications to make to them, was taken up and agreed to. After waiting some time,

Mr. GRUNDY, from the joint committee appointed to wait on the President, reported that they had performed the duty assigned them, and that the President had answered that he had no further communications to make to Congress.

On motion of Mr. BUCHANAN,
The Senate adjourned sine die.

IN

LIST OF MEMBERS

Of the House of Representatives at the first session of the twenty-fourth Congress.

MAINE-Jeremiah Bailey, George Evans, John Fair. field, Joseph Hall, Leonard Jarvis, Moses Mason, Gorham Parks, Francis O. J. Smith-8.

NEW HAMPSHIRE-Benning M. Bean, Robert Burns, Samuel Cushman, Franklin Pierce, Joseph Weeks--5.

MASSACHUSETTS-John Quincy Adams, Nathaniel B. Borden, George N. Briggs, William B. Calhoun, Caleb Cushing, George Grennell, jr., Samuel Hoar, William Jackson, Abbot Lawrence, Levi Lincoln, Stephen C. Phillips, John Reed--12.

RHODE ISLAND-Dutee J. Pearce, W. Sprague--2. CONNECTICUT-Elisha Haley, Samuel Ingham, Andrew T. Judson, Lancelot Phelps, Isaac Toucey, Zalmon Wildman--6.

VERMONT-Heman Allen, Horace Everett, Hiland Hall, Henry F. Janes, William Slade-5.

NEW YORK-Samuel Barton, Samuel Beardsley, Abraham Bockee, Matthias J. Bovee, John W. Brown, C. C. Cambreleng, Graham H. Chapin, Timothy Childs, John Cramer, Ulysses F. Doubleday, Valentine Efner, Dudley Farlin, Philo C. Fuller, William K. Fuller, Ransom H. Gillet, Francis Granger, Gideon Hard, Abner Hazeltine, Hiram P. Hunt, Abel Huntington, Gerrit Y. Lansing, George W. Lay, Gideon Lee, Joshua Lee, Stephen B. Leonard, Thomas C. Love, Abijah Mann, jr., William Mason, John McKeon, Ely Moore, Sherman Page, Joseph Reynolds, David Russell, William Seymour, Nicholas Sickles, William Taylor, Joel Turrill, Aaron Vanderpoel, Aaron Ward, Daniel Wardwell--40.

NEW JERSEY-Philemon Dickerson, Samuel Fowler, Thomas Lee, James Parker, Ferdinand S. Schenck, William N. Shinn-6.

PENNSYLVANIA-Joseph B. Anthony, Michael W. Ash, John Banks, Andrew Beaumont, Andrew Buchanan, George Chambers, William P. Clark, Edward Darlington, Harmar Denny, Jacob Fry, jr., John Galbraith, James Harper, Samuel S. Harrison, Joseph Henderson, William Hiester, Edward B. Hubley, Joseph R. Ingersoll, John Klingensmith, jr., John Laporte, Henry Logan, Job Mann, Thomas M. T. McKennan, Jesse Miller, Matthias Morris, Henry A. Muhlenberg, David Potts, jr., Joel B. Sutherland, David D. Wagener--28. DELAWARE--John J. Milligan-1.

MARYLAND--Benjamin C. Howard, Daniel Jenifer, Isaac McKim, James A. Pearce, John N. Steele, Francis Thomas, James Turner, George C. Washington--8.

VIRGINIA-James M. H. Beale, James W. Bouldin, Nathaniel H. Claiborne, Walter Coles, Robert Craig, George C. Dromgoole, James Garland, G. W. Hopkins, Joseph Johnson, John W. Jones, George Loyall, Edward Lucas, John Y. Mason, William McComas, Charles F. Mercer, William S. Morgan, John M. Patton, John

Roane, John Robertson, John Taliaferro, Henry A. Wise-21.

NORTH CAROLINA--Jesse A. Bynum, Henry W. Connor, Edmund Deberry, James Graham, Micajah T. Hawkins, James J. McKay, William Montgomery, Ebenezer Pettigrew, Abraham Rencher, William B. Shepard, Augustine H. Shepperd, Jesse Speight, Lewis Williams--13.

SOUTH CAROLINA--Robert B. Campbell, William J. Grayson, John K. Griffin, James H. Hammond, Richard J. Manning, Francis W. Pickens, Henry L. Pinckney, James Rogers, Waddy Thompson, jr.--9.

GEORGIA--Jesse F. Cleveland, John Coffee, Thomas Glasscock, Seaton Grantland, Charles E. Haynes, Hopkins Holsey, Jabez Jackson, George W. Owens, George W. B. Towns-9.

ALABAMA--Reuben Chapman, Joab Lawler, Dixon H. Lewis, Francis, S. Lyon, Joshua L. Martin--5. MISSISSIPPI--David Dickson, J. F. H. Claiborne-2. LOUISIANA-Rice Garland, Henry Johnson, Eleazer W. Ripley-3.

TENNESSEE--John Bell, Samuel Bunch, William B. Carter, William C. Dunlap, John B. Forester, Adam Huntsman, Cave Johnson, Luke Lea, Abram P. Maury, Balie Peyton, James K. Polk, E. J. Shields, James Standefer--13.

KENTUCKY--Chilton Allan, Lynn Boyd, John Calhoon, John Chambers, Richard French, Wm. J. Graves, Benjamin Hardin, James Harlan, Albert G. Hawes, Richard M. Johnson, Joseph R. Underwood, John White, Sherrod Williams--13.

MISSOURI-Wm. H. Ashley, Albert G. Harrison--2. ILLINOIS-Zadok Casey, William L. May, John Reynolds--3.

INDIANA-Ratliff Boon, John Carr, John W. Davis, Edward A. Hannegan, George L. Kinnard, Amos Lane, Jonathan McCarty--7.

OHIO-William K. Bond, Joh Chaney, Thomas Corwin, Joseph H. Crane, Thomas L. Hamer, Elias Howell, Benjamin Jones, William Kennon, Daniel Kilgore, Samp son Mason, Jeremiah McLene, William Patterson, Jonathan Sloane, David Spangler, Bellamy Storer, John Thompson, Samuel F. Vinton, Taylor Webster, Elisha Whittlesey-19.

DELEGATES.

ARKANSAS TERRITORY--Ambrose H. Sevier. FLORIDA TERRITORY--Joseph M. White. MICHIGAN TERRITORY--George W. Jones.

MONDAY, DECEMBER 7, 1835.

At twelve o'clock, M., the House was called to order by Mr. FRANKLIN, the Clerk of the last Congress.

The roll was then called by States, when two hundred and twenty-four members, constituting a quorum, having answered to their names, the Clerk announced that the first business in order was the election of a Speaker.

Mr. PATTON said he did not know by what authority it was that the election of Speaker, about to take place, was to be done, as announced by the Clerk, by ballot-necessarily by ballot. If it was competent for Mr. P. to do so, he should move, without desiring any discussion on the question, that the election be made

viva voce.

Mr. MERCER doubted whether that body, unorganized as it was, was competent to act on such a question; and, besides, he humbly conceived that it would be unwise to entertain it, as it would necessarily give rise to a long discussion. He hoped his honorable colleague would not press his motion.

Mr. PATTON said he thought the law ought to be altered; he had no doubt it would be altered; and, believing so, he desired it might be altered at once. He thought that House, if it was competent to elect, was certainly competent to prescribe the mode of election, if they thought proper. For himself, he felt very little concerned how it was to be decided; believing, however, the viva voce mode to be the one in which all elections in representative popular bodies ought to be made, he must persist in his motion.

The Clerk (Mr. FRANKLIN) read the rule of the last House of Representatives, prescribing the mode to be by ballot.

Mr. WARDWELL. said there was no rule existing that could bind the present House, and the Clerk might as well read out of any other book as that.

[DEC. 7, 1835.

recollect whether that of Speaker was included or not. For himself, he preferred the mode of voting viva voce upon this question; but he well saw that if the question was then entertained and acted upon, in all human probability, the discussion would be spun out to a late hour of the day, the Clerk of the House presiding, or perhaps spun out for weeks-for all of them knew well that a question of that character could not be decided without long discussion. He hoped, therefore, that the honorable gentleman from Virginia [Mr. PATTON] would withdraw the motion, let the House proceed in its customary mode, and test the principle by proceeding to the choice of clerks viva voce; and Mr. B. would most cheerfully vote that they proceed to the choice of clerks either viva voce or by resolution, and take the question by yeas and nays.

Mr. PATTON said he did not feel the embarrassment alluded to, and he must persist in his motion.

Mr. WILLIAMS, of North Carolina, denied that the House was without rules; for they had, and were bound by the rules of the constitution.

Mr. WILLIAMS, of North Carolina, said they were now about to adopt a very important change in the usages of the House-a usage that had existed, he believed, without interruption, from the organization of the Government to the present time. What reason could have suggested itself to produce this change, he was utterly unable to perceive. It might be for the same reasons they had heard suggested last session; but as this was a new body, assembled for the first time in this city and in this house, he should not advert to them. Wishing it, however, to be known how his own vote would stand on the question, he hoped they would be indulged with the privilege of the yeas and nays; and he would move the question be so taken.

Mr. BEARDSLEY said that body was not the House of Representatives, nor were they at that moment assembled there as a House. They were nothing more than the elements out of which the House of Representatives was to be composed. Individuals came there, but it was only after taking the oath of office that they became members of that House. It was true, also, that there were no rules to organize that body; for it was as yet an incomplete and imperfect body, unorganized, and without any other rules than custom. Custom alone had sanctioned the practice that the Clerk of the House should, on the first day of the session, at twelve o'clock, call over the names of the members; and custom also had sanctioned the practice of the Clerk calling for the members to vote, and putting the question for Speaker. It was a custom, and nothing more than a custom; and he had no doubt whatever that that body was authorized, under the constitution, to proceed to the choice of a Speaker, either viva voce, by resolution, or by ballot. There was no limitation; and it was left to the discretion of that body, incomplete and imperfect as it was, to take its own course. It would, perhaps, be better to proceed according to the established usage of the House. He said that during the last session a motion was made and debated to pass a similar rule in relation to the election of printer and some other officers-he did not

Mr. WISE would ask by what authority the members of that House had a right at present to vote. Was any man in that assembly qualified? Non constat: at present they were all members there. Were they not to exhibit their qualifications before they undertook to exercise the duties of Representatives in Congress? They might as well else submit the question to the gallery as that body. Mr. VANDERPOEL remarked that it must be well honor to be associated in the last Congress, what course he then took upon this question, whether the officers of this House should be chosen viva voce or by ballot. He had the honor of submitting at that time some reasons in favor of the plan of the gentleman from Virginia, [Mr. PATTON;] and if they were to come to a vote upon the question now before them, he should vote in favor of it; but it was very doubtful to Mr. V. whether it was expedient at this time to agitate the subject. The House was not yet organized; the debate on the same question last session occupied more than a week, and there were many gentlemen who entertained different views, who would claim the right to submit their views before the question was taken. The subject was an important one, coeval with the existence of the Government; and, though he was decidedly in favor of the change, yet he was in favor of having that change deliberately made, and after the organization of the House; and he should therefore be extremely glad if the honorable mover would withdraw his motion. Besides, he did not know what right they had to take the yeas and nays. If the House went into the question then, it seemed to him that they would have to appoint an extra Speaker, or Moderator, to preside; but he hoped they would not be subjected to the necessity of entertaining the question, and he would again most respectfully repeat the request to the gentleman to withdraw his motion.

Mr. EVANS said, both then and hereafter, he should strenuously contend against the change, whenever it was brought forward. He was unwilling to go into the discussion then; and, without any disrespect to the gentleman from Virginia, he moved to lay the motion to proceed to the election of a Speaker, viva voce, on the table.

Mr. PATTON asked for the yeas and nays.

Mr. MERCER had some doubts whether the Clerk could present the question, and whether one fifth had the right to call for the yeas and nays.

Mr. PARKER said it appeared to him the rules were clear; and he would ask by what right it was that the Clerk called that House to order but by the laws previously adopted? By what right did he call them at 12 o'clock? There was no law for 12 o'clock more than

DEC. 7, 1835.]

1 o'clock; and yet every gentleman would and must admit that if 121 members met there at 11 o'clock, they would act contrary to law, and contrary to the rules governing that House. There was a set of regulations in usage which, like the common law, were binding, and they were these: that they should meet at 12 o'clock on the first Monday in December; that the Clerk of the last House should call the members, and ascertain if a quorum were present, and that those present should proceed, by ballot, to organize themselves as a body. When they have done that, and not till then, were they competent to make any regulations. On that ground he considered every innovation of the established usage of fifty odd years' standing as inexpedient, and one they had no right to adopt.

Mr. REED concurred with the gentleman from New Jersey. They must proceed to act, to a certain extent, from necessity; and he did not consider the Clerk to be an incompetent officer to manage this debate and control it; but he did hope the motion would be withdrawn. He considered the present mode of voting the true one; the usage of fifty years, from the foundation of the Government, was sufficient, and ought to be their rule of proceeding before the House was organized; and he conceived they were acting a very singular part in their present unorganized state."

Mr. MANN, of New York, said it was not his purpose to enter into the debate, but he would remark that the gentleman from Massachusetts [Mr. REED] seemed to him to be mistaken in supposing that the Clerk of the House stood in his place at the present time by mere custom or by presumption. Now, the rules of the last House were the laws of the present till others were adopted. Mr. M. here read the rule applying to the Clerk, that he should take an oath, and should be deemed to continue in office until another was appointed. That was the law probably of the present body; and the Clerk was in office to all intents and purposes, under that law, until it was repealed. He hoped the gentleman from Virginia would withdraw the motion; but if he saw fit to persist in it, Mr. M. said it would be his indispenable duty, although in favor of the principle, to vote to lay it on the table.

After a few words from Mr. MERCER, in explanation, the call for the yeas and nays was not seconded by onefi fth of the members present; and the motion of Mr. PATTON was laid on the table without a count.

The honorable JAMES K. POLK, of Tennessee, having received a majority of all the votes given, was declared duly elected Speaker of the 24th Congress; and, being conducted to the chair by Messrs. JoHNSON of Kentucky and JARVIS of Maine, returned his thanks for the honor conferred, in the following address:

Gentlemen of the House of Representatives:

In accepting the high station to which I am called by the voice of the assembled representatives of the people, I am deeply impressed with the high distinction which is always conferred upon the presiding officer of this House, and with the weight of the responsibility which devolves upon him. Without experience in this

[H. OF R.

place, called to preside over the deliberations of this House, I feel that I ought to invoke, in advance, the indulgent forbearance of its memhers, for any errors of judgment which may occur in the discharge of the severe duties which will devolve upon me. It shall be my pleasure to endeavor to administer the laws which may be adopted for the government of the House justly and impartially towards its members, and with a view to the preservation of that order which is indispensable to our character as a body, and to the promotion of the public interests. To preserve the dignity of this body, and its high character before the country, so far as shall depend upon its presiding officer, will be objects of my deepest solicitude; and I am sure I shall have the co-operation and support of all its members, in the discharge of my duty, with a view to these objects.

I return to you, gentlemen, my sincere acknowledg ments for this manifestation of your confidence, in electing me to this high station; and my ardent hope is, that our labors here may merit and receive the approbation of our constituents, and result in the advancement of the public good.

Mr. WILLIAMS, of North Carolina, (the oldest member in the House,) administered the usual oath to the Speaker, when the latter qualified the members by States, as also the territorial delegates from Arkansas, Florida, and Michigan.

Mr. BEARDSLEY submitted a resolution appointing Mr. WALTER S. FRANKLIN Clerk of the House; which was agreed to, and Mr. FRANKLIN was qualified by the Speaker.

A message was received from the Senate, announcing that that body, having assembled and formed a quorum, were ready to proceed with legislative business; and that a committee had been appointed on the part of the Senate, to meet such committee as might be appointed on the part of the House, to wait on the President of the United States, and inform him that Congress, having assembled, are ready to receive any communication which he may choose to make.

ELECTION OF PRINTER.

Mr. COFFEE submitted a resolution, in substance, that the House proceed to the election of a printer for the 24th Congress; which was agreed to.

Mr. JOHNSON, of Kentucky, nominated Messrs. BLAIR & RIVES;

Mr. WILLIAMS, of North Carolina, nominated Messrs. GALES & SEATON; and

Mr. PEYTON, of Tennessee, nominated Messrs. BRADFORD & LEARNED.

Mr. PATTON remarked, that the House having indicated an indisposition to adopt the principle of voting vira voce, he would not press that question at this time.

The officers of the House having been directed to collect the ballots,

Mr. WHITTLESEY remarked that this resolution, he apprehended, was premature. We were about to supply an omission of a preceding Congress; and he doubted whether there was any law in existence which would authorize the present proceeding.

The SPEAKER stated that the election could only be overruled by a reconsideration of the vote adopting the resolution.

Mr. WHITTLESEY moved to reconsider the vote on the resolution.

Mr. ADAMS, of Massachusetts, said that there was a question which it would be well to consider, before this matter was decided. He considered it incumbent upon the individual who should be chosen printer, previously to enter into bond. He did not believe that he could be required to enter into bond subsequently to his elec tion.

H. OF R.]

Mr. ROBERTSON was in favor of the motion to reconsider. He doubted the propriety of electing a printer at all. He believed this was the opinion of a number of the members of the last Congress. He preferred that the printing should be done by contract, instead of electing a political partisan. It was certainly not magnanimous or generous in a majority here to impose upon the minority a partisan printer, who would vilify and abuse that minority.

Mr. BEARDSLEY adverted to the propriety and necessity of an immediate election of printer. He would like to know by what rule the gentleman from Virginia [Mr. ROBERTSON] anticipated that a majority of this House would appoint a printer who would vilify the minority for the due discharge of their duties here. Upon what grounds does the gentleman found any such belief? Gentlemen were not so sensitive on former occasions. It had been the practice of the preceding Congresses to choose the printer for their successors. The last House was not kind enough to perform this duty for us, and it now became the province of this House to make its own selection.

Mr. WHITTLESEY explained that he only desired that the House should not elect a printer without adopting the proper guards.

Mr. ROBERTSON, after a few remarks, presented a resolution, in the form of an agreement, providing that the public printing should be performed by contract.

Mr. WHITTLESEY waiving his motion for the present,

Mr. MANN, of New York, by consent of the House, moved the adoption of the rules of the last House.

Mr. JOHN QUINCY ADAMS wished to propose an additional rule, providing that the Committee of Ways and Means should report the general annual appropria tion bill within thirty days of the meeting of each session of Congress.

Mr. MANN then modified his motion so as to except the fifty-seventh rule.

Mr. REYNOLDS remarked that he did not wish to delay the business and elections of this House; but thought it was inconsistent for him to support the system of balloting for officers, as he had urged, at the last session of Congress, the mode of voting by viva voce for all officers. He continued to entertain the same principle and opinions, and accordingly felt conscientiously bound, not only not to vote for the balloting mode, but to urge the other.

Mr. R., after some remarks, modified his proposition so as to exclude the said objectionable rules; to which Mr. MANN consented, but afterwards withdrew the whole resolution.

The question, on motion of Mr. WHITTLESEY, to reconsider the resolution to elect a printer of the House then came up.

Mr. MERCER moved an adjournment; and
Mr. GILLET called for the yeas and nays; where-

upon,

Mr. MERCER withdrew the motion.

The subject was further debated by Messrs. HORACE EVERETT, WARD, EVANS, ROBERTSON, BEARDSLEY, and WHITTLESEY.

Mr. BEARDSLEY offered a resolution providing that the printer should give bond and security for the performance of his duties, as laid down in the joint res olutions of March, 1819, and February, 1829, which, by unanimous consent, was adopted as a modification of Mr. COFFEE's resolution.

Mr. WHITTLESEY withdrew the motion to reconsider.

Mr. ROBERTSON renewed it; and, upon being put, it was lost without a count.

The House then proceeded to ballot for the election

[DEC. 8, 1835

Whereupon Messrs. Blair & Rives were declared duly elected printers to the twenty-fourth Congress.

The House proceeded to consider the message from the Senate, which was agreed to; and Messrs. THOмSON of Ohio, MASON of Virginia, and REED of Massachusetts, were appointed a committee, on the part of the House, to wait upon the President.

On motion of Mr. CONNOR, a resolution was adopted, directing that a message be sent to the Senate, informing that body that the House had assembled, elected a Speaker, and were ready to proceed to busi

ness.

On motion of Mr. WARD, of New York, it was ordered, that, when the House adjourn, it will adjourn to meet again on to-morrow, at twelve o'clock, and at the same hour each succeeding day.

Mr. MERCER offered a resolution, providing for the appointment of a chaplain by the House, at twelve o'clock, M., to-morrow.

Mr. REYNOLDS, of Illinois, moved to amend the resolution by providing that, in future, in the election of officers of the House, it shall be by viva voce.

Mr. VINTON moved an adjournment; which was agreed to.

The House then adjourned.

TUESDAY, DECEMBER 8.

Messrs. JACKSON of Massachusetts, GALBRAITH of Pennsylvania, and TUNRER of Maryland, appeared, and were qualified.

Mr. THOMSON, of Ohio, from the joint committee appointed to wait on the President of the United States, and inform him that the two Houses of Congress, having assembled and formed quorums, were ready to receive any communication which he might desire to make, reported that the committee had performed the duty assigned, and were informed that the President would communicate to each House, at twelve o'clock this day, a message in writing.

On motion of Mr. WARDWELL, the usual order for supplying the members with newspapers was adopted.

PRESIDENT'S MESSAGE.

A message was received from the President of the United States, by Mr. DONELSON, his private secretary; which was read.

[The message will be found in the appendix.]

Mr. BEARDSLEY submitted a resolution, committing the message to a Committee of the Whole on the state of the Union; and that 10,000 copies, together with the accompanying documents, be printed for the use of the members of the House; which was agreed to.

ANNUAL TREASURY REPORT.

The SPEAKER laid before the House the annual report of the Secretary of the Treasury on the state of the finances. [See appendix.]

Mr. CAMBRELENG moved that it be laid on the table, and that 10,000 copies be printed.

Mr. CONNOR suggested 15,000 copies. Mr. CAMBRELENG accepted the suggestion as a modification of his motion. It was then agreed to.