FEBRUARY, 1837.] Election of President and Vice President-Counting the Electoral Votes. Mr. HAYNES said, as the hour had nearly elapsed, he begged to propound an inquiry to the Chair, in relation to the order in which the Senate should be received by the House on occasions like the present. The CHAIR stated, in reply, that the usual course had heretofore been for the House, some short time before the arrival of the hour, to send a message to the Senate, informing that body that the House was in readiness to receive them and count the votes. The Chair stated, further, that, so far as he had been informed, the mode of receiving the Senate by the House was for the members to stand uncovered. Mr. PATTON moved that, while the votes were being counted, ladies be admitted to the privilege of the floor of the hall. Mr. JARVIS objected. Mr. CALHOUN, of Massachusetts, moved a suspension of the rule; agreed to-yeas 141, noes not counted; and Mr. PATTON's motion was agreed to without a division. Mr. ANTHONY inquired if it was necessary to move that a committee wait upon the Senate; and, if so, whether the chairman of the select committee on the subject should appoint a subcommittee, or the Speaker of the House. The CHAIR stated, in reply, that upon every occasion of this kind, with a single exception, the invariable course had been to send a message to the Senate by the Clerk. In one instance only the message had been transmitted by a committee of two members of the House, who were also appointed to conduct the Senate into the hall; but that was a departure from the former practice. Mr. ANTHONY Moved that a message be then sent to the Senate by the Clerk, notifying that body that the House was in readiness to receive them, and count the votes for President and Vice President of the United States. The CHAIR stated, before putting the question, that the seats on the right of the Speaker's chair had been provided for the accommodation of the Senate, and others provided for the members to which they belonged. Mr. ANTHONY's motion was then put and agreed to. The Clerk accordingly left the House; the Senate shortly after entered the hall, with the President of the Senate, the Hon. WILLIAM R. KING, of Alabama, at their head, preceded by the Secretary and the Sergeant-at-arms of the Senate, and were received at the door of the hall, and conducted to the seat assigned them by the Sergeant-at-arms of the House of Representatives, all the members being uncovered, and rising in their places. When the Senators had taken the seats assigned them, and the President of the Senate had seated himself at the right of the Speaker, the tellers took their seats at the Clerk's table.. The tellers were-for the Senate, the Hon. FELIX GRUNDY; for the House of Representa [H. OF R. tives, the Hon. FRANCIS THOMAS and the Hon. LEVI LINCOLN. The PRESIDENT OF THE SENATE then rose and said: The two Houses being now convened for the purpose of counting the electoral votes of the several States for President and Vice President of the United States, the President of the Senate will, in pursuance of the provisions of the constitution, proceed to open the votes and deliver them to the tellers, in order that they may be counted. I now present to the tellers the electoral vote of the State of Maine. The tellers then counted the votes, and announced them, severally, in their order, the same form having been observed in every case; the tellers also reading the qualifications of the electors, and the certificates of their elections. He then announced the result, as reported by the tellers, as follows: It therefore appears (continued the President) that, were the votes of Michigan to be counted, the result would be, for MARTIN VAN BUREN, for President of the United States, 170 votes; if the votes of Michigan be not counted, MARTIN VAN BUREN then has 167 votes. In either event, MARTIN VAN BUREN, of New York, is elected President of the United States; and I therefore declare that MARTIN VAN BUREN, having received a majority of the whole number of electoral votes, is duly elected President of the United States, for four years, commencing the 4th day of March, 1837. The PRESIDENT OF THE SENATE then announced the votes for Vice President of the United States, as reported by the tellers, as follows: For RICHARD M. JOHNSON, of Kentucky-- 77 47 23 It therefore appears (continued the President) that, were the votes of Michigan counted, the highest number of votes for Vice President of the United States would be 147; and if those votes be not counted, the highest number of votes for that office will be 144. But, in either event, no person has received a majority of the electoral votes for Vice President of the United States; and I do therefore declare, that, no person having received such majority, no person has been elected to that office; that RICHARD M. JOHNSON, of Kentucky, and FRANCIS GRANGER, of New York, are the two highest H. OF R.] Censure of Mr. Adams. [FEBRUARY, 1837. on the list; and it now devolves on the Senate | their committee recommend to the House of of the United States, as provided in the consti- Representatives to concur: tution, from those two persons to elect a Vice President of the United States. No. of Electors appointed in each State. STATES. 10 Maine, 7 New Hampshire, 14 Massachusetts, 4 Rhode Island, 8 Connecticut, Martin Van Buren. Daniel Webster. Willie P. Mangum. Hugh L. White. Richard M. Johnson. Francis Granger. John Tyler. William Smith. 2 10 14 14 4 8 8 7 Vermont, 42 New York, 8 New Jersey, 8 80 Pennsylvania, 8 Delaware, 8 10 Maryland, 10 23 Virginia, 28 15 North Carolina, 15 11 South Carolina, 11 Georgia, 15 Kentucky, 15 Tennessee, 21 Ohio, 5 Louisiana, 4 Mississippi, 9 Indiana, 5 Illinois, 7 Alabama, 4 Missouri, 8 Arkansas 8 Michigan 54 87439 පස 15 8 8 10 15 Resolved, That a committee of one member of the Senate be appointed by that body, to join a committee of two members of the House of Representatives, to be appointed by that House, to wait on MARTIN VAN BUREN, of New York, and notify him that he has been duly elected President of the United States for four years. commencing with the 4th day of March, 1837. The above resolution having been concurred in, The House adjourned. THURSDAY, February 9. Censure of Mr. Adams. The CHAIR announced the unfinished business, being the question of privilege involved in the consideration of the following resolutions in relation to Mr. ADAMS. The original resolution moved by Mr. W. THOMPSON WAS modified by him, at the sugges28 tion of Mr. DROMGOOLE, as follows: "1. Resolved, That the Hon. JOHN QUINCY ADAMS, a member of this House, by stating, in his place, that he had in his possession a paper purporting to be a petition from slaves, and inquiring if it came within the meaning of a resolution heretofore adopted, (as preliminary to its presentation,) has given color to the idea that slaves have the right of petition, and of his readiness to be their organ; and that for the same he deserves the tensure of this House. "2. Resolved, That the aforesaid JOHN Q. ADAMS receive a censure from the Speaker, in the presence 294 Whole number of 170 14 78 11 26 147 77 47 23 of the House of Representatives." electors, were the votes of Michigan counted. 148 Necessary, were the votes of Michigan Mr. BYNUM had offered the following as a substitute: Strike out all after the word "Resolved,” and insert, "That an attempt to present any petition or memorial from any slave or slaves, or free negro, 291 Whole number of 167 14 78 11 26 144 77 47 28 from any part of the Union, is a contempt of the electors, were the votes of Michigan The PRESIDENT OF THE SENATE then an nounced that the object for which the two Houses were assembled, under the constitution, had been accomplished, and that the Senators would retire to their chamber in order. The Senators then rose and retired in the order they came, the members of the House rising in their places and remaining uncovered. Mr. THOMAS, from the committee on the part of the House of Representatives, to join such committee as might be appointed on the part of the Senate, to ascertain and report a mode of examining the votes for President and Vice President of the United States, and of notifying the persons elected of their election, reported: That the joint committee, in further execution of the duties with which they were charged by the two Houses of Congress, have agreed to the following resolution, in which House, and calculated to embroil it in a strife and confusion incompatible with the dignity of the body, and that any member guilty of the same justly subjects himself to the censure of the House. quire into the fact whether any such attempt has "Resolved, That a committee be appointed to inbeen made by any member of this House, and report the same to the House as soon as practicable." The question immediately pending was the following amendment to the amendment moved by Mr. PATTON: "Resolved, That the right of petition does not belong to slaves of this Union; that no petition from them can be presented to this House without derogating from the rights of the slaveholding States and endangering the integrity of the Union. after present any such petition to this House ought "Resolved, That every member who shall hereto be considered as regardless of the feelings of this House, the rights of the South, and an enemy to the Union. "Resolved, That the Hon. JOHN Q. ADAMS having solemnly disclaimed a design of doing any thing dis FEBRUARY, 1837.] Censure of Mr. Adams. [H. OF R. respectful to the House in the inquiry he made of | table, without being printed or referred. It the Speaker as to the petition purporting to be from reads as follows, to wit: slaves, and having avowed his intention not to offer to present the petition if the House was of opinion that it ought not to be presented-therefore, all further proceeding as to his conduct now cease." Mr. FRENCH said: The honorable gentleman from Massachusetts (Mr. CUSHING) who last addressed the House upon these resolutions, contended that the right of petition was a natural right, derived from our Creator; and, being a natural right, so derived, belonged to all human beings. If that gentleman meant that all men have the natural right to supplicate the Deity, he is right. If he meant that all men, while in a state of nature, had the right to petition their fellow-beings for what they wanted, he is right. If he meant that all men, in their personal relations and intercourse, have the same right now, he is right. But if he meant that all men have the right to petition the Government, I think he is wrong. Sir, there was a time when civil government did not exist; and how can a man be said to have a natural right to petition a political being who had no voice in its creation-who is neither party nor privy to the body politic? That gentleman was pleased also to favor us with what he termed the abstract opinions of the abolitionists-opinions which, as he said, they honestly and conscientiously entertained. And what are those opinions? That slavery is, in the abstract, a social, moral, and political evil. I will not, Mr. Speaker, debate the question whether slavery be or be not, in the abstract, a social, moral, or political evil, but I refer to what the honorable gentleman said to prove what are the grievances of the abolitionists, and what their objects. Slavery, according to his exposé of their views, is their grievance-universal emancipation, then, must be their object. If they prevail in that object, through the action of Congress, what becomes of the rights of the slave States, as guaranteed to them by the constitution? What becomes of the Government? Sir, it is plain that the end of these things, if successful, terminates in the overthrow of the Government. This view of the subject, therefore, has also an unfortunate bearing upon the conduct of the honorable gentleman whom it is proposed to censure. Resolved, That all petitions, memorials, resolutions, propositions, or papers, relating in any way, or to any extent whatever, to the subject of slavery, or the abolition of slavery, shall, without being and that no further action whatever shall be had either printed or referred, be laid upon the table, thereon." What, sir, was the object of this House in passing this resolution? It was to give peace to this House and the country on this exciting question. That object was known to us all. It was known to the honorable gentleman in question. His conduct, therefore, in bringing before the House the question of the right of slaves to petition, by inquiring of the Chair if a petition from slaves came within that resolution, defeats the object of the House, and is disrespectful to the House. The terms of the resolution are broad and comprehensive; and, considered without reference to those to whom the right of petition belongs, the circumstances under which it was adopted, and the object the House had in view by its passage, would be construed to let in petitions and papers on the subjects embraced in it from all persons. But when considered in reference to these considerations, the resolution neither enlarges nor abridges the right of petition. It leaves the right of petition as it stood before its passage. Does that resolution, then, enlarge the right of petition? The House did not dream of enlarging the right of petition. Will any one contend the slaves inhabiting the island of Cuba have a right, under the resolution, to petition this House? Or that it gives to the blacks planted at Liberia the right of petition? In short, does it confer the right of petition to all people? Surely not. The broadness of the resolution, then, forms no justification or excuse for the honorable gentleman from Massachusetts. The conclusion, then, Mr. Speaker, to which my own sense of duty conducts me, is, that that honorable gentleman, by raising the question of the right of slaves to petition this House, did wrong-in fact, by so doing, threw a firebrand into the House, in contempt of all its efforts to allay all excitement upon this subject, and especially of the settled judgment of the House, as expressed by the passage of the Sir, the history of abolition petitions in this resolution of the 18th January-that he has, House during the last and present sessions of by his conduct in question, trifled with the Congress, and of the efforts of a large majority House, its feelings and its characters, and thereof this House to avoid the agitation and conse-fore ought to be censured. In voting for the quent excitement, here and elsewhere, of this dangerous question, are known to this House and to the country. I will not attempt to repeat them, but will call the attention of the House to the resolution of the 18th of January, by which this House ordered all petitions, memorials, propositions, and papers, relating to slavery or the abolition of slavery, presented to the House, to be received and laid upon the resolution to censure that honorable gentleman, I shall not be influenced by any unkind or unfriendly feeling towards him personally. But, sir, whilst I feel it my duty, in my representative character, to disapprove of his conduct, I shall give my vote under a lively sense of his high character for talents and learning, and of the distinguished ability with which he has discharged the important duties of the high and honorable stations which he has filled at home and abroad. If the majority of this House are satisfied with the explanations of that honorable gentleman, and think proper to excuse him, they can do so. Those explanations have not satisfied me, and I shall do my duty. Mr. EVANS insisted that the charge of offence, on the part of the gentleman from Massachusetts, was too vague to justify a vote of censure upon him. There was nothing specific. The resolution did not set forth any thing like contempt towards the House, or even an infringement of its rules, but that he had "given color to the idea" that slaves had the right to petition. Mr. E. held that the House had the right to punish a member for a determined violation of its rules; because, otherwise, the whole business of the country might be obstructed by a disorderly member; but no man could be punished for the expression of his honest opinions. The limitation to this, such as personalities, reflections upon the past conduct of the House, &c., were expressly laid down in the lex parliamentaria. With reference to the right of slaves to petition, he said there were cases embracing it. It had been said, also, the slave had no constitutional rights but through his master. This was not so; and he put the cases of murder, or unprovoked assault, and that of alleged kidnapping, where his legal rights were recognized, and frequently put in force. Mr. PICKENS explained that if the gentleman from Maine was alluding to his argument, he (Mr. P.) had not said the slave had no legal rights, but that he had no constitutional or political rights. That was a question he should like to hear the gentleman argue. [FEBRUARY, 1837. he was about to cite some passages from the debates in that State on the adoption of the constitution, containing this declaration, when Mr. PATTON arose, and hoped the Chair would restrict the limits of the debate within the proper range of order. If the gentleman was suffered to go on in this way, it must be obvious that a debate was springing up which would be interminable. The CHAIR reminded the House that he had several times interposed to confine the debate within the proper limits, and had repeatedly reminded gentlemen that they were taking too wide a range, but in the performance of that duty he had not been sustained by the House. As he had been called upon, however, he should enforce the rule, and take the sense of the House whether the gentleman from Maine should be allowed to proceed. Mr. EVANS was allowed to proceed, but declined to do so, saying he did not wish to discuss the subject of slavery, or to introduce any new topics into the debate. Mr. PATTON then read the following modification of his amendment: Resolved, That any member who shall hereafter present to the House any petition from the slaves in this Union ought to be considered as regardless of the feelings of the House, the rights of the Southern States, and unfriendly to the Union. Resolved, That the honorable JOHN Q. ADAMS hav ing solemnly disclaimed all design of doing any thing of the Speaker, as to the petition purporting to be disrespectful to the House, in the inquiry he made from slaves, and having avowed his intention not to offer to present the petition to the House, was of opinion that it ought not to be presented-therefore, all further proceedings in regard to his conduct do now cease. Mr. PATTON moved the above, which Mr. THOMPSON accepted, and Mr. BYNUM withdrew his amendment. Mr. Vanderpoel moved the previous question. Mr. ADAMS appealed to Mr. V. to withdraw this motion, to allow him to submit some remarks to the House. Mr. VANDERPOEL could not withdraw the motion, unless the gentleman from Massachu setts would pledge himself to renew the motion when he had concluded his remarks. Mr. EVANS was referring to constitutional or legal rights, which he insisted had been secured to the slave. He then adverted to the general character of the petitions praying for the abolition of slavery in the District of Columbia, in none of which was there found any harsh language in relation to the peculiar institutions of the South or Southern men, nor any expressed or implied wish to interfere with those institutions. There might be a few solitary exceptions, but it should be borne in mind that there was much warmth on both sides. The right of the abolitionists to petition, however, should have been respected, and their memorials continued to be received, as they formerly had been. While this was done, their numbers were few and their efforts feeble; but they had increased in numbers, and become more powerful, from the manner in which they had been treated by Congress. They contended that slavery was a great moral, social, and Mr. RENCHER called for the yeas and nays political evil, and was, besides, indefensible by on this motion; which were ordered, and were argument; and the refusal of the House to listen-yeas 50, nays 144. Mr. ADAMS said it was not in his power to comply with this request, because he desired to have the opportunity of a full hearing in his own defence; and he had hoped he would be granted the privilege. Mr. KENNON moved to lay the whole subject on the table. to them, and argue with them, justified them, So the motion to lay on the table was decided in their own opinion, in these allegations; but in the negative. there was nothing insulting in this. Even that language was borrowed from Virginia; and Mr. BRIGGS moved a suspension of the rules, for the purpose of allowing the gentleman The CHAIR decided this motion to be out of order, inasmuch as the previous question had been moved. The question was then taken on the second to the previous question, when it appeared that the previous question was not seconded-yeas 79, nays 100. [H. OF R. from Massachusetts (Mr. ADAMS) to address the | which opened the whole subject of the conHouse. dition of slaves in this country-a question which brought into inquiry the whole subject of the power and privileges of this House, and of the freedom of speech in debate. These are questions of vital importance; these are privileges dear to some, though there may be those by whom they are not valued. I had hoped, sir, to have received an answer to the proposition "if a petition from slaves would be received by the House," because, as I have stated, the answer to this proposition would open the whole subject relating to slavery, and the whole question relating to the privilege of speech of the members of this House. The answer to this inquiry involved all this, and more than this. Mr. WISE then said he wished merely to remark that he hoped the House, after hearing, as they ought to hear, the gentleman from Massachusetts, (Mr. ADAMS,) would be disposed to take the question without further debate; because he had an important matter to lay before the House from one of the select committees. Mr. ADAMS began by observing that he Amidst the prevailing excitement, and among would take up as little of the time of the the various speeches which the numerous resoHouse as was possible for him to do on this lutions against him had elicited, he (Mr. A.) important subject. The first question before had heard but one individual who had underthe House was the inquiry addressed by him- taken argumentatively to discuss the question self to the Speaker and to the House. On this which he (Mr. A.) had propounded to the inquiry, no question had yet been taken. He Speaker; and that individual was the gentle(Mr. A.) was, however, extremely anxious that man from Kentucky, (Mr. FRENCH.) That the question should be taken, and that every honorable gentleman, who is an able judicial member of this House should record his character, has treated the subject as an arguvote on this important proposition, namely: ment before a court of law; but, sir, the sub"Whether the House shall refuse to receive a ject demands a different kind of argument. petition from slaves, under any circumstances What was his argument, sir? It was this: whatever." When he (Mr. A.) first made this that if you abolish slavery, you take away a proposition as a matter of inquiry only, and part of the representation which the constituwhen the Speaker submitted the inquiry to tion has guaranteed to the Southern States. the House, a member immediately rose, (Mr. But, I ask, has that gentleman established any HAYNES,) and said that he did not know how to connection between his premises and his conmeet a proposition of this kind. He (Mr. clusions? What, sir? If slavery were abolHAYNES) thought it was not deserving atten-ished, they will be deprived of the right of tion; that to receive it in any shape would be representation, and therefore the House cannot bestowing upon it more attention than it de- receive petitions from slaves! served. If, then, the question did not deserve attention, how came it to happen that the House had been engaged so long a time in debating upon such a question? Why, if the question was not deserving attention, have gentlemen professed to feel so deeply upon it, and been so anxious to bring me to the bar of the House to receive censure? Why was not an inquiry of so little importance disposed of at once? If the Speaker had objected to receiving the petition, I (said Mr. A.) should not have presented the paper, out of respect to the House, though I know that it is a question more important than the honorable gentleman (Mr. HAYNES) imagines. Sir, I know it to be a question demanding deep attention from this House, from this nation, and from the civilized world. I said (continued Mr. A.) that I was willing to abide by the conclusion the House might think proper to come to on this subject, whatever that conclusion might be; but at the same time I confess I was exceedingly anxious that this question, in the abstract, should be taken and decided upon by the House. I was anxious that every member of this House should record his vote, for all time to come, on a question of such importance-a question [Mr. FRENCH, the member referred to, explained. He (Mr. F.) did not affirm that slaves were entitled to representatives, if that was what the honorable gentleman (Mr. ADAMS) understood him to say.] Mr. ADAMS resumed. Has he taken the right issue, sir? Has he drawn his premises and his conclusions to a closer connection? What, sir? If you should deprive the South of its representation, what then? Is that any reason to assign why slaves should be deprived of the opportunity of crying for mercy to this House? There is no connection between the two things. Sir, he has travelled out of the record; he has raised a totally different question from the actual question which is alone before this House: he has substituted the question "if slavery should be abolished," in place of the question put to the Speaker, viz: "if the House would receive petitions from slaves under any circumstances." My colleague (Mr. CUSHING) has, more forcibly than I can do, already discussed the proposition of the freedom of petition. He has shown that it is a right not derived from the constitution, not given by parchment, but prior to the constitution; given, by the God of Nature, to every |