MONDAY, May 22, 1809.
This being the day appointed by law for the meeting of the present
session, the following members of the House of Representatives
appeared, produced their credentials, and took their seats, to wit:
_From New Hampshire_--Daniel Blaisdell, John C. Chamberlain,
William Hale, Nathaniel A. Haven, and James Wilson.
_From Massachusetts_--Ezekiel Bacon, William Baylies, Richard
Cutts, William Ely, Gideon Gardner, Barzillai Gannett, Edward
St. Loe Livermore, Benjamin Pickman, junior, Josiah Quincy,
Ebenezer Seaver, William Stedman, Jabez Upham, Joseph B.
Varnum, and Laban Wheaton.
_From Rhode Island_--Richard Jackson, junior, and Elisha R.
Potter.
_From Connecticut_--Epaphroditus Champion, Samuel W. Dana, John
Davenport, Jonathan O. Mosely, Timothy Pitkin, junior, Lewis
B. Sturges and Benjamin Tallmadge.
From Vermont--William Chamberlin, Martin Chittenden, Jonathan
H. Hubbard, and Samuel Shaw.
_From New York_--James Emott, Jonathan Fisk, Barent Gardenier,
Thomas R. Gold, Herman Knickerbacker, Robert Le Roy Livingston,
John Nicholson, Peter B. Porter, Ebenezer Sage, Thomas Sammons,
John Thompson, Uri Tracy, and Killian K. Van Rensselaer.
_From New Jersey_--Adam Boyd, James Cox, William Helms, Jacob
Hufty, Thomas Newbold, and Henry Southard.
_From Pennsylvania_--William Anderson, David Bard, Robert
Brown, William Crawford, William Findlay, Robert Jenkins, Aaron
Lyle, William Milnor, John Porter, John Rea, Matthias Richards,
John Ross, George Smith, Samuel Smith, and Robert Whitehill.
_From Maryland_--John Brown, John Campbell, Charles
Goldsborough, Philip B. Key, Alexander McKim, John Montgomery,
Nicholas R. Moore, Roger Nelson, and Archibald Van Horne.
_From Virginia_--Burwell Bassett, William A. Burwell, Matthew
Clay, John Dawson, John W. Eppes, James Breckenridge, Thomas
Gholson, junior, Peterson Goodwyn, Edwin Gray, John G. Jackson,
Walter Jones, Joseph Lewis, junior, John Love, Thomas Newton,
John Randolph, John Roane, Daniel Sheffey, John Smith, James
Stephenson, and Jacob Swoope.
_From North Carolina_--Willis Alston, junior, James Cochran,
Meshack Franklin, James Holland, Thomas Kenan, William Kennedy,
Nathaniel Macon, Archibald McBride, Lemuel Sawyer, Richard
Stanford, and John Stanley.
_From South Carolina_--Lemuel J. Alston, William Butler, Joseph
Calhoun, Robert Marion, Thomas Moore, John Taylor, and Robert
Witherspoon.
_From Georgia_--William W. Bibb, Howell Cobb, Dennis Smelt, and
George M. Troup.
_From Kentucky_--Henry Crist, Joseph Desha, Benjamin Howard,
Richard M. Johnson, Matthew Lyon, and Samuel McKee.
_From Tennessee_--Pleasant M. Miller, and John Rhea.
_From Ohio_--Jeremiah Morrow.
_Election of Speaker, &c._
A quorum, consisting of a majority of the whole number, being present,
the House proceeded, by ballot, to the choice of a Speaker.
Messrs. N. R. MOORE, CUTTS, and PORTER, were appointed tellers of the
votes.
Mr. N. R. MOORE reported that the result of the ballot was, that there
were--
For Joseph B. Varnum, 60; Nathaniel Macon, 36; Timothy Pitkin, junior,
20; Roger Nelson, 1; C. W. Goldsborough, 1; blank ballots, 2.
Mr. VARNUM having 60 votes, it was submitted to the decision of the
House by the tellers whether the blank ballots could be considered as
votes; if not, there being but 118 votes, Mr. VARNUM having 60, had a
majority.
Mr. W. ALSTON conceived that there could be no doubt on the subject;
that blank pieces of paper could not be considered as votes. He
instanced the case which occurred in the famous balloting for President
in the year 1801; at which time, after a number of ballotings, the
State of Maryland, which was divided, gave in four blank votes, and
thus decided the election.
Mr. MACON thought there could be no question on the subject; he also
recollected the case of the Presidential election instanced by his
colleague, and was of opinion that blank ballots could not be counted.
He hoped that the gentleman from Massachusetts (Mr. VARNUM) would be
conducted to the Chair.
Mr. RANDOLPH said this was no ordinary question which the House were
about to determine, at the instance of his friend, (Mr. MACON,) in
his opinion, in a very irregular manner; and Mr. R. said that he was
certain, if his friend were not himself implicated in the question,
he would have been one of the last men in the House to give such a
decision against himself; but perhaps this was a peculiarity in his
friend's character. Are we, gentlemen, (said Mr. R.,) to have a Speaker
of the House of Representatives without any election? The committee
have not reported that one of the persons voted for had a majority of
the whole number of votes even; on the contrary, they have expressly
reported that no one had a majority. And will the House consent in
this manner to choose a Speaker to preside over this body, and perhaps
eventually over the destinies of this nation?--for perchance the
Speaker might become President of the United States. With respect to
the precedent in the case of the election of the President of the
United States, there was not, he said, the smallest analogy between
the two cases. What was that case? It was on a question whether or not
there should exist in this country a Government, that this device had
been used, after some forty or fifty ballotings. In order to give a
President to the United States, certain gentlemen had thought proper
not to vote at all. But, said Mr. R., is time now so precious? Is the
Secretary of the President of the United States knocking at the door
for admittance? Is the enemy at the gate? Is there not time, I beseech
you, gentlemen, to proceed in the regular mode to the election of our
officers? Or, shall we, to avoid the trouble of writing a name twice,
establish a precedent, which, if established, may put an end to this
Government, which is founded on the principle that the majority shall
govern? Mr. R. said he was more free in expressing his ideas, because
he believed that a second ballot would not affect the result; and
he put it to his friend (Mr. MACON) to say whether he himself would
consent to take the Chair on the vote of a minority. He said he knew
him too well; he would not consent to it. He conceived that there was
no question before the House, that they had not elected their Speaker;
and that it was their business to proceed to an election. They were
certainly competent, he said, to elect the officers of their own body;
and he hoped they would do it _more majorum_--after the fashion of
their ancestors.
Mr. STANFORD denied that the case which had been cited from the
Presidential election in 1801 had any bearing on the present
question. That was a case in which, a State being divided, one-half
the representation voted blank, and left to the other half of the
representation the right of voting for the State. As, at the same time,
a gentleman now from Kentucky, (Mr. LYON,) then the only representative
present from Vermont, had, by his single vote, his colleague being
absent, decided the vote of that State, he thought there was no analogy.
Mr. RANDOLPH moved that the House proceed to ballot a second time for
Speaker.
The Clerk having put the question, it was carried--67 to 43.
Mr. MACON said he certainly felt a sense of gratitude towards those
who had voted for him; but he should be obliged to them to vote for
some other person. He had rather remain on the floor of the House than
be placed in the Chair. He had experienced the difficulties of the
situation; besides, by an illness during last winter, his lungs had
been so affected that he did not feel himself adequate to the task.
As his declining the situation might be unexpected to some gentlemen,
to accommodate them he would ask a postponement of the ballot for a
time. He considered the office of Speaker of the House as one of the
most honorable in the nation. Perhaps none was more so, after that
of President and Vice President. Notwithstanding this, were there a
probability of his being chosen, he must decline being placed in the
Chair.
The House then proceeded to a further ballot; and Mr. N. R. MOORE
reported the result to be:
For Mr. Varnum, 65; Mr. Macon, 45; Mr. Pitkin, 6; Mr. Howard, 1; Mr.
Nelson, 1, and Mr. Goldsborough, 1.
Mr. VARNUM having a majority of votes was declared elected, and
conducted to the Chair; whence he addressed the House as follows:
"_Gentlemen of the House of Representatives_:
"The continued manifestation of the national confidence
in me, expressed by the Representatives of the people on
this occasion, fills my heart with grateful sensibility. In
obedience to the call of my country, I accept the office
assigned me, and will endeavor to discharge the duties of it
according to the best of my abilities, and agreeably to the
wishes of the House."
The SPEAKER having been sworn, the oath to support the Constitution of
the United States was by him administered to the members, by States.
The House then proceeded to the choice of a Clerk, by ballot. The votes
having been counted, there were--
For Patrick Magruder, 63; Daniel Brent, 38; Nicholas B. Van Zandt, 14;
William Lambert, 7, and Mr. Scott, 1.
Mr. Magruder having a majority of votes, was declared to be re-elected.
Mr. GEORGE POINDEXTER having appeared and produced his credentials, as
the Delegate from the Mississippi Territory of the United States, the
oath was administered to him by the Speaker.
Mr. MACON, from the joint committee appointed to wait on the President
of the United States, reported that the committee had performed the
service assigned to them, and that the President signified that he
would make a communication to Congress, to-morrow at twelve o'clock.
A message was received from the Senate, informing the House that that
body was formed, and ready to proceed to business; and that they had
appointed a committee to wait on the President of the United States, in
conjunction with such committee as the House should appoint, to inform
him that they were ready to receive any communication he might have to
make.
On motion of Mr. J. G. JACKSON, a committee was appointed to act with
the committee of the Senate. Messrs. MACON and JACKSON were named as
the committee.
The House, after hearing a memorial from Joseph Wheaton, stating
his services, and praying a reinstatement in the office of
Sergeant-at-Arms, from which he had been ejected, proceeded to the
choice of a Sergeant-at-Arms. The whole number was 122, of which Thomas
Dunn had 80. He was therefore declared to be re-elected.
On balloting for a Doorkeeper, the whole number of votes was 116, of
which Thomas Claxton had 115. He was therefore declared re-elected.