Indiana American, Volume 16, Number 50, Brookville, Franklin County, 8 December 1848 — Page 3

- .1 ."mnrP than the evpenditure. I timately blended together, that in their operations ,r ,v ed near 4 jO .000 me Mpenturr .Gstained and etrengthened the other. Their TW71:S: joint operation wa. to .3d new burden, of twaVern h . v, ; in j1"' ""V,. limher increased, tion, and to encourage a largely increased and ir U the revenue T , n uniform wasteful expenditure of public money. It wa. the a! a Tiicuoa jrf po ?e ? ?e w ' '.he intert 0, the Bank that the revenue collected and ,.f a cents, without an inference w . Hiahiinawiw-nta m,da hy the .rovernment should

I. ...a,.a.h ha hiwn i-onsianur "K . . . . f . .

, nncip

.ilv t llt'iri'

'v..ll dieted Postage system . thel beet menu, t fi-fltiMng mtellicence anions the people, and is " f. mcnlnmncein a country so extensive thai .3 TlhV 'nited States, U.at 1 recommend to f'.. .ivirahio consideration the suggestions of the

American system at its commencement, and throughout its progress, foresaw and predicted that it was fraught with incalculable mischief, and must result in serious consequences to the best interests of the country. For a series of years these wise counsels were unheard, and the system was estab

lished. It was soon apparent that its practical od-

vhich has bee rt eon- tmem sutain j be lanre; because, being the depository of the pub- eration was unequal and unjust upon different pored, ot making mat u' i ,. moneyi ,iie gr,,ater WOuld be the Bank's prolils tions of the country, and upon the people engagex.

by its use. I in ainerent pursuits, ah were equally entitled to

It was the interest ot tne lavorea ciaraes, who i uie iavor ana protection oi me government, ll

were enriched, to have the rates ot that protection I fostered and elevated th monied power, and en

as high as possible; tor the higher those rate9, the greater would be their advantage. It was the interest of all those sections and localities, who expected to be benefitted by expenditure for internal improvements, that the amount collected should be a larsre as possible, so that the sum disbursed

might also be tne larger, ine ssiaies oemg me i an orgamzea money power, wnicn resisted the popbeneticiariee in the distribution of the land money, I ular will, and euttKht to shape and Control the pub-

had an interest in me rates imposea oy a rrotective I uc policy, by taxing labor.

I arm large enough to yield a sutticient

i',?mis;er General l-r f? improv

..thin

ment.

ail tetarJ the inward ir-gressoi i.ur . . .. c .-. UNiimim ami niam-

unirv sud prevent '" t , 'the first rank among nations, but a disre-mShem"v-.oncy was for a , fav. rl bv me .-oiuli-ioi. ot the country, by Jydeht Which Md been contracted during .!.-. ,1 ,L Hrr.re-.on of the public credit: by the

"ranoed's.a.e of the finances ot the currency

Slid

K ; rt .commercial and p emiiarv embarrassments ' h TIZ nsivelv nrtviiled. Tltese were not t!.e , WtiS establishment The J of the war with Great Britain, and the em-U-rawmeuts which had atu-iukd it prosecution.

leiton me minus oi --

that our governo'tn- o3 c

ricked the favored few at the expense of the many. Its effect was ''to make the rich richer, and the poor poorer." Its tendency was to create distinctions in society based on wealth, and to give the favored classes undue control and sway in our government. It was

:id

....lUh.and that to wield its resources .successfully " wa emergence, " 7',pc,B iy,ln .vmVhouIi concentrated into fs band, 1 h

VNII rs

l'hev saw

nut

. i .hir Hi, nut m to otiratri oy me

i-'re-si-ribed mode an amendment oi

,-.....,;,.;. ,nhnt bv tonstrurt'cn

ieiv, and so e-ni'iiuicu !,s

,.i...i ,,.v..r nt nations into me uonua i a

who'taod and controlled the many without ,JnMt;lnv or restraint In that armtmen.. nt , v wjneeived iKe rtrenglh of nations in war c:i-

also somcuung iacinaiiiii: in

the

revenue

from that source to meet the wants of the government without distmbing or taking from them the land funds; so that each ot the branches constituting thesystem, had a common interest in swelling the public expenditure. They had a direct in

terest in maintaining the public debt unpaid and increasing its amount, because this would produce an annually increased drain upon the Treasury to the amount of the interest, and render augmented taxes necessary. The ot eration and necessary effect of the whole system were to encourage large and extravagant expenditure and thereby increase the public patronage and maintain a rich and expensive government at the expense of a taxed and impoverished people. It is manifest that this scheme of enlarged taxation and expenditures, had it continued to prevail, must soon have converted the government of the

Union intended by its Cramers to be a plain, cheap ml sitnle confederation of States, united together tor common protection, and charged with n tew specific duties relating chiefly to our foreign affairs.

into a consolidated empire, depriving the States ot

' hrre Wfl also SOH'Cuim:; ini'nc. , . , . , i , " , . . . tuul- .- , i i 1 ...t... .....,' ilwiir raapnM rifrhfa nnn rhct nnn a rl thmr maf

,rrv sn'l disp mv ottne niuneroruers, rr1"1- ? r" j"V a.ry Eli i ui .n . . . r nH ennlrnl in iho nHmlnialmtwin nf thoir

r wealth trom me till ot uie inuoiiiig i...i..u..- ; K-"- V .u- ' . .

character of the government would be changed, not by an amendment of the Constitution, but by resorting to an unwarrantable and unauthorized construction of that instrument.

riie indirect mode of levying the taxes by a duly

ir wealth trom me till ot uie ihuomos "'-; ,e authors of the system through their ide-as ot ,'itical economy, from what they had witnessed i- A nrtir-iilarlv m Great Britain, they

, . Dl.l. ..,...rfr!t..il in

: U:i ,iewcd tne enormous. t,-w bands, and had seen tl m splendor of the oyer- ' '. ....i.i,ehtnunia nt an aristocracy which

' "nn'.iWld hv the. restrictive policy. Tlie'y forgot on imports prevents the mass of the people from

readily perceiving the amount they pay, and has enabled the few who are thus enriched, and who

seek to wield the political power of the country, to deceive and delude them. Were the taxes a direct

u.i j.nn,mih(! nonrer classes ot the l.n-

''' h populatiom'tipon whoe dailr and yearly l-i-r'r iile great establishments they much ad- . i .. iJ nr.H sunu-jrU'd. lllev tailed

lii;faftt:ceua1ui..v- , , ,r i :i -u - . L .

e-ve ibat tl-e "Canlily h-d and li&ll ciau opj-1 ie y upon me people no id uie case in me omies, " ,i v were not o'nlv m street poverty, but were I this could not occur ,-hinnt et.prtsiveerviiiide lor thelx-n- I he whole system was resuted from its incepit 'avored -is'-is are the exclusive vbiccta of' lion by many of oar ablest statesmen and some of ''I i"te of the government. whom doubted its constitutionality and expedi':'t w.'not'io"-!blV-1 re-constiucl society in the eiicy, while others believed it was in all its branchI nitd feiates upoa the European plan. es, a flagrant and dangerous infraction of the con-iherewa-a wrii'cn consuunioii, by which or-1 stitution. .... . t and title were not reev-sniW or tolerated ! 1 hat a national bank, a protective tariff levied, u: ' .yatem of measure was devised, calculated, I not 10 raise the revenue needed not lor pro- . ',,! -i ,i t- i-h.W-!DW grsdnaliy and ! 'ection merely internal improvements, and the

, I,,,, ,.,-, . r .r .i .. . ' . i . -i ,.-i...:... ..i .1.- .. . i. i u

i:i iiir.iiit uiaiiiuuinni 1 liic IHUU1UB ui me an rs ill Littr mill-

Uc lands, are nisasurcs without the warrant of ihe constitution, would, upon the maturcst consideration, seem to be clear. It is remarkable that no one of these measures, involving such momentous consequences is authorized by any express grant ot power in the constitution. Mo one nt them is incident to, as being necessary and proper for the

execution of the specific powers granted by the

- ii utlv from i!w tales, and tae niaisui uie people.

:,.! . conatiuc-ion t.' rppr-'ximateour govermeiit i ilie Kiironean moi!e!s. ami subsliiuiiiif an ans- . oi wealth tor tint o( oioers unit titles.

irlimit rofleetiii" upon t!i dissimilarity of our

stitatious ani! ol me condition ot our people and ,.se of fUiropc, they conceived the vain idea ot ..idiiiB i-pin'tii.: t 'nited States, a system similar .i r -i.i!h ihn- n !mi-f rt abrna.f Great Britain

tl'-ii J . rr .1 : ... J l 1 . 1

d a 'Rational ranlt "I inrie capital, in whojo I consmuiion. i ne nuuioruy unuer nnicn ii uas ii-dawi!- c.:ii. .iiirnt. J the monetary and financial j been attempted to jnstil'y each of them is derived ver.'l i'" nr,ii.'ii: an iiis.o.iiiion w.eldin? almost i from inferences and constructions of the constiluno! . b.,s, , , p .-ert'uig vest intiiience upon all 1 lion, which its letter and its whole object and denen,t!.n ot trae. and t.iion the policy of the 'sign, do not warrant. Is it to be conceived that ,t i : Htl! " ., . l-.-- i!l 11 I t. i-r- L. -l.

nmcnt i'?' !t. V-fesi i.rnain na:i an enor- i am u i!iiiuen?e wuria wuuu iiave ueeu leu iiy ine

d'-bt. an.1 it haa reeomc a part ot lier tramers oi tne consmuiion 10 mere inference ana -.1 lii u "rnt lie hleiiinor " doubtful constructions. Had it been intended to

tori...- ... l..'.i. imnfpr tLm nn the federal trovernmenr. it in hut

R'ltnm tin t a - a res'rirtive poucy iii.-n - , ; c . ! . n.uaoi . , r , . ii , I HnnniiftKI c nnnelllOA Ihnt ll VL-nnlH hivn hum

A 1,1-Hfna.w trade ana trameiiea "'-- .- -- . "

'.istrr of the IBs;' ot the nation

i.vr

;ii.-lisp

; .iilie poucv

:,st

- i-cl fe?ter 9

,.: pnu u . i ; - . ,... ..J' .I.

h-r ooiiibincd syitim "i pom.) , iujviw :,. other proptriv holder w. re protected and en-',-hcd be the mormon taxes v Inch were levied --.n the" labor of the ctntry for their advantage. "imitating 'hi foreiyn poiicy the rtrtstep in e-Pii-'shin be new oTfrin in the 'nited States, '',' tVMt'on .-fn Nt;nnal Hnk. Not fore-.r-;p2iue duiifcrcu po a and countless evils snch an insiimiion tnc-ht entail on the

ttic c'.HPcction wiiicn it

. ntrv ll. ir r

.t'csicr.cd toi'.iim b-tweeii the Bank and the other innchee ot the M.elicd "Ametican Svstenr," but r liner the enil.arras;ments ot the Treasury and

. t the" l-itj:m-'9 ot the country, consequent upon : ;c war, omeof our state?men who had helddit- .' rent slid sounder viws, were induced to yield ;i . ir scruples, and, indeed, settled conviction of unconstitutionality, and to g.vo t their sanc--n, as an expeiliBt wbich they vainly hopi d m,?ht produce reiitt ita,a most untortunate rrror, as the siisequent history and final catastrophe of that dar-perou. and corrupt institution nave abundnntlv p-.v-v. d The liauk and its nu n.i mi branch'- Tani.fif.l into the States, s on

lans ana inlia

done by plain and unequivocal grants. This was

not done, cut me wnoie structure ot wnicn me "American system" consisted was reared on no other or better foundation than forced interpretations and inferences of power, which its author, assumed might be deducted by construction from the constitution. Rut it has been urged that the National Bank, which constituted s essential a branch of thi3 combined system of measures was not a new measure, and that its constitutionality had been chartered in 17,r'l, and had the official signature of President Vashineton. A few facts will show the ust weight to which this precedent should be entitled, as bearin? upon the question of Constitutionality. Great division ot opinion on the subiect existed in Congress It is well known that President Washington entertained serious doubts both as to the constitutionality and expediency of the measure: and while the bill wa before him for his ofuoal approval or disapproval, so great were these doubts, that be required "the opinion, in writing," of the members ot his Cabinet, to aid him in arrimg at a decision His Cabinet gave their opinion, and were divided upon the subiect. General

Hamilton in tavor, snd Mr Jetterson and Mr Ran-

I'nder the pernicious wotkinssof this "combin

ed wystein" of measures, the country witnessed alto a ite seasons ot temporary apparent prosperity; of undue and disastrous commercial revulsions; of unprecedented fluctuations of prices, and ihe oppression of the great interests of agriculture, navigation and commeice, and general pecuniary sufli ring, and of final bankruptcy of thousands. After a severe struggle of more than a quarter ot a century the system was overthrown. The Bank has been succeeded by a practical system of finance, conducted and coutroled solely by the government. The constitutional currency has been restored; the public credit maintained unimpaired, even in a period of foreign war, and the whole country has become satisfied that banks, National or State, are not necessary as fiscal agents of the government. The revenue duties have taken the place of a protective tariff. The distribution ot the money derived from ihe sale of the public lands has been abandoned, and the corrupting system of internal improvement, it is hoped, has been effectually checked.

It is not doubted, that if this whole train of

measures, designed to take wealth from the many and bestow it upon the few, were ti prevail, the effect would be to change the entire character of the Government. One only danger remains, it is ihe seductions of that branch of the Legislature, which consists in Internal Improvements, holding

out, as it does, inducements to the people of particular sections and localities to embark the government in them without stopping to calculate the inevitable consequences. This branch of the system is so evidently linked

and combined with the others, that as surely as an

ettect is produced by an adequate cause, it it be re

niscitated and firmly established, it requires no sa

gacity to foresee that it will necessarily and speedi

lv draw after it the re-establishment of a National Bank, the revival of a protective tariff, the distri

bution of the land money, and not only the post-

nonement to me luture oi me payment ot the pres ent national debt, but its annual increase.

1 entertain a solemn conviction that if the internal improvement branch of the American system

be not firmly resisted at this time, Uie whole series

of measures composing it will be speedily estab

lished, and the country will be thrown back from its present high state of prosperity which the existing policy has produced and be destined again

to witness all the evils, commercial revolutions, depression of prices and pecuniary embarrass

ments through which we have passed during the

last twenty five years,

To snard aaainsl consequences so ruinous is an

obiect of high national importance, involving in my ludgment, the continued prosperity ot the

country.

1 have felt it to be an imperative obligation to withhold my constitutional sanction from two bills

which had passed the two Houses ot Congress, in

volving the principle of internal improvement a branch ot the 'American system,' and conflicting in their provisions with these views.

This power conferred upon the President by the Constitution, I have on three occasions during my administration of the executive department of the jovernment, deemed my duty to exercise: and on this last occasion ot making toCongress an annual communication of the state of the Union, it is not deemed inappropriate to review the principles and

considerations which have governed my action.

pla of the wisdom of the checks which they have imposed, and of the necessity of preserving them

unimpaired. The true theory of our system is not to govern by tacts or decrees of any one self Representative. The constitution imposes checks upon all branches of the government in order to give time for error to be corrected and delusion to pass away; bnt if the people settle down into firm conviction different

rom that of their Representatives they vive effect

to their opinions by changing the public servant

i ne cnems wnicn me people imposed on meir pub lie servants in the adoption ot the constitution are

the best evidence of their capacity for sell government. They know that ths men whom they elect to public station, are not of like infirmities and

passions with themselves, and not to be trusted

wuliout being restricted by co ordinate authorities and constitutonaal limitations

Who, that has witnessed th legislation of Con

gress, lor the last 30 years, will say that he known ot no instance in which measures not demanded by the public good have been carried? Who will deny

iiai in the state Governments, by combinations ot ndividuals of individuals and sections, in detona

tion of the general interest, banks have been char

tered, systems ot internal improvements have beon

projected repressing their growth, and impairing

their energies tor years to come? After so much experience, it cannot be said that absolute, unchecked power is safe in the hands ol any one set of Representatives, or that ihe capacity

of the people for self government, which is admit

ted in its broadest extent, is a conclusive argument

to prove the prudence, wisdom and integrity ol

their Representatives. The people, by the Constitution have command

ed ihe President, as much as they have commanded the Legislative branch ot the Government to

execute their will. 1'hey have t.aid to him in their

Constitution which they require he shall take a

solemn oath to support: "It Congress pass any bill

wnicn ne snau noi approve, tie snail return it to

ihe House in which it shall have originated, with his objections thereto." In withholding from it his approval and signature, he is executing the

win oi me people, constitutionally expressed, as

much as the Congress which passed it. Mo bill is presumed to be in accordance with the

popular will until it shall have paused through all

the hands ot the government requisite to make it a law. A bill passed by the House may be rejected by the Senate, and one passed by the Senate may

ue rejected oy me House, in eacli case both nous es exercise the veto power over the other.

Congress, and each House of Congress, hold un

der the consmuiion a check upon the President.

and he by the power of the qualified veto a check

upon Congress. When the President recommends

measures to Congress, be avows in ihe most solemn

lorm his opinions, gives his voice in their favor

and pledges himself in advance to approve them il

passed by Congress. If he acts without due con

sideration, or has been influenced by improper or

corrupt motives or if trom any other cause. Con

gress, or either House ol congress shall ditter will, him, they exercise their veto upon his recommend

tion and reject them, and there is no appeal from

their decision, but to the people at the ballot box

llieseare proper checks. IN one will be found to

obiect to them or to wish them removed. It is

equally important that the constitutional checks ol

the executive, upon the legislative Uancli should

be preset ved. If it be said thai the Representatives in the pop

ular branch of Congress are chosen directly by the

people it is answered, the people elect the f resident If both Houses represent the State and ihe people so does the President. The President represents

in the Executive department, the whole people of

the United btates, as each member ot the J.egts lative department represent portions of them.

The doctrine of restriction upon Legislative and

bxecuuve power, while a well settled public opin ion, is enabled within a reasonable lime to accom

plish its ends, has made our country what it

and has opened to each a career of glory and hnv

piness to which the citizens of all other nations have been strangers.

In the exercise of this power the President is re

sponsible, not only to an enlightened public opin

ion, out to me people oi me l nitea states oi me wholo Union, who elocted him. As the Representative in the legislative branches differ with

OHIO LEGISLATURE,

Seconded bv Mr. TownwnH

In reply to a onentlnn nut hv a momriar f

Bigger said that he was not ainhnrizorl kw ihp'ntlur

The First JHcaday ia December, 1 S4S-Tn " ae, V" lno "0U8e' rake 8"c proposition; but

ieaimaiare f Oai lu Ornaiuuva I uuiu un inn own responsibility unaeriane

I deem this the more necessary, because after the him in opinion, are responsible to the people of par

'aDse of near 60 years since the adoption of the eon

nitution, the propriety of the exercise of this undoubted constitutional power of the President has, for the first time, been drawn seriously in question by a portion of my fellow citizens. The constitution provides that "every bill which shall have passed the House of Representatives

and ihe Senate, shall, before it becomes a law, be presented to the President of the United Slates; if

he rhiil sign it but if not he hall return it with his

ticular States or districts, so tho President in the

exercise of this power would be to repesl that por

tion oi me ionstimiion wnicn comers it upon mm.

To charge that its exercise unduly controls the legislative will is tocemplain of the Constitution

iteelt.

it me residential vcio ne op cctea to upon tliel

grouud that it checks and thwarts the public will I

upon the some principle, me equality at representation of the States in the Senate, should be stricken

Omi

ae ran my ir I The members were in the House of Representatives at S o'clock this day. Instantly a motion was made that Mr Leiter, ot Stark, take the chair-a tew men said aye Mr Leiler was already in his seat behind the Clerk's desk. A call was made for the members from Hamilton county Messrs Long, Armstrong, Ruedier, Pugh and Pierce presented themselves, and were hastily sworn in by Judge Reed, who had risen early for that purpose, and the Democrats present drew a long deep breath ot relief, after so tremendous an effect. Other members to the number of thirty-seven were tboii sworn in as they appeared, and the House, as thus constituted, rested from its labors. Now there occurred an interval of inaction, in which men looked at each other, and wondered

what was to come next, and passed here and there among the crowd, inquiring what was to be done.

1 his recess seemed to he distasteful to the audiem-e

in the galleries and lobby, who Ironi time to time, with stamps and w histling, seemed to call for a re

commencement of the performance:

ifruriuun "ihe House will please come to order."

A Voter "This is not the ordinary time for the louse to assemble; wait till the 111 rings." (Loud

ajijdatisfin lAe third tier.)

At hall past nine, after the ringing ol the bell ot the Stale House in th usual manner, Mr. Holootnb

ol Gallia, made his appearance upon the steps of the Speaker's desk, called on the assembly to come to order, and introduced Mr. Swift, the clerk of the House of Representatives of last year, whom

he requested to call the roll or members. Mr. Letter l-I will call the roll, I believe I am entitled to the chair." And Mr. liter proceeded

to call from a paper which he held in his hand.

Mr. Ulds, ol Pickaway, remarked that in the call

then making he did not hear the name of Hamilton county, and requested that a call might be made for the members from those districts.

Jlr. Leiter. "Call the members that have not an

swered. Gentlemen, you will please forward your

certificates."

The call went on nobody answering.

While this was being done, a voice from the Whig side "The House is ready to proceed to organize in the usual form, and lite Clerk is present

to assist in its organization by calling the roll of members. According to custom, 1 move that Gen. Holcomb take the chair " A call was made for the ayes and nays, and Gen

Holcomb was declared elected. He took his place

and the call was about to commence. M r. Leitf.r. "This is out of order." Voice. "Has the gentleman been sworn? Another "That makes no difference."

"Call for Hamilton county it has not been

called."

Mr. Leiter. "The number of Representatives

to which Hamilton county is entitled is lull, no tur-

thercall will be made." A voice "Does the Chairman decline?" A voice "I move that Hamilton county be cal led again." Mr. Leiter. "The question is-shall Ham ' ' Has that gentleman been sworn in?" "Proceed with the call."

Mr. Leiter. "Come to order there's too much

noise and confusion. ( Tremendous applause in the ,,T . ,l- ,. - .l -ll ' , l 1

loony tmense aeugni m me gmtertes.t jb l unaerstand, none are to be permitted to vote except such

as have been sworn in." A voice. "1 don't recognize any such rule."

Mr. Leiter. "All in favor of that question. The

Clerk will proceed to call the roll." "Who is the Clerk? Who appointed him?" The roll is called, and all answer "No."

A voice. "Louder1 Mr. Clerk!" (Immense ap

plause ) "Let the old Clerk proceed to call the roll

in the usual form that we may organize according

to law."

Mr. Leiter "That's out of order " (Great laughter in all parts of the House.) Mr. Leiter

then proceeds to call the districts of the State from his Daoer. Nobody answers.

A voice. "No use to proceed with that call !"

(Laughter.)

Mr- Letter. " l he call is going on, sir: uentic

to say, that no advantage wnnlil he taken nt the

adjournment.

I he yeas and nava heim mlUH f.ir thm v

taken, and resulted as folhma Yeas 3, Nays 36.

I he Call Ot the COUIItiea w limn rf..-intiniiil

before, when, on the call of Ashtabula and Lake.

Mr. Morse presented himself at the bar and was

sworn in.

Geaupa and Trumbull beintr call. A. Mmn ai.

bert G. Riddle and Isaac Lee presented themselves and Mr. Riddle, on leave ul the liuuse, U-lure ta

king Uie oath, said that he stood here imuii' alle-

.?uce to none ol the old parties, lie recognized

the cl airman ol this chamber as a proper officer in these initiatory proceedings, and therefore was

willing to unite in any attempt at organization

l here is certainly no law presctibing ihe person

who shall call the roll ot the counties at llie open

ing ot the sesttiou, but parliamentary usage calls upon the old Clerk to take iion hiinsetl all these

initiatory steps.

I he gentleman then took the oath. Upon Cuyahoga lieina called. Mr. Johnson Dre

senied himself, staling ibat he had in the morning ollered his certificate to the old Clerk, and had been

sworn in. He wished to know whether he must be sworn again. The Chair replied that when he

presented his certificate the matter would lie with

the House.

Mr. Brewer propeed that the House would ml

journ without going into any election, provided

that the members ot the House who have not vet

taken the oath of office, shall now come to the bar

and take l tie oath.

Mr. Pisruer said that he did not feel himself an-

tborizt-d to accept this proposition in terms, ll was notor-otiu that those gentlemen did this morning

inne uie oain oi a Representative, and mat thev

would not therefore l willing to do it again. 1

am tree to acknowledge that there was nothing il

legal in the mode of procedure this morning. It is said that heretofore il was customary for ihe Clerk

of the last House to call the new liuuse togetlier.

It is now twelve years since 1 was a member of

this House. In inv day. courtesy generally save

this post to the oldest member.

Mr. I nch did not think the proposition consistent

with the dignity of the House. It ih notorious that

some gentlemen took that oath tins morning who

had no right to a seat in this body. Now, il it le

true that the Sheriff of Hamibon routuv. the

Judges of election, the Clerk of the Court and Pto-

pi.e ot that county have mistaken their nidus. 1 am

instructed to leave that question to llie House of

Representatives, and it it shall Lie tound that thev

have turn so mistaken, then 1 am instructed to re'

turn to them. Sir, the law of the State provides,

mat any one whose seat in this liody is to be con

tested, shall receive notice ot that fact within

twenty days of the election. I have received no such notice, and only knew from the papers that such would be the case, until those two gentlemen

tins morning presented themselves on this floor

without certificates or other legal evidence of elec

tion, sought to foist themselves upon this House. Sir, the Chairman of this House, and the centle-

m an who officiates as Clerk, and the Judee of the

Supreme Court, who administered the oath to us,

examined the credentials winch we held. No ex

amination was made of tho papers which thni pre

sented, but they, as any other man who stood

about them might have done, held up their hands,

took an oath which they had no right to take, and

therefore claim to sit as members nt this House.

I can consent to no proposition which will deprive

me and my constituency ot their rights on this

floor.

Mr. Miller, of Ashland, said that thirteen years

ago he had the honor ot a seal in this body, and the

course of proceeding then wan precisely w hat it

was this mornimi. 1 be I lerk expired with the

Legislature, whose creature he was. The other

branch of this Legislature was organized this mor

uing precisely as this one is, and yet no man made

opposition. He would slay cere till twelve o'clock

to-night, belore he would consent to any improper

compromise.

1 he call of tho counties was continued hen

Summit was called, Mr. McCluresaid he desired

the chairman to know that the representative of

ThA flU anil wa mm iknal , Ka. . - , I u

ifisr objected that there wu ne quorum . The yeu and na were then taken u follow..

Ki?.M?.8V AnnttroBf , Bre.lin, Bart, Brewer, Cock-

of i1 ii "IT' waro-a. iwlioB, franki. Job-ion. ? m Keher, King, Lone, Laxnmoro, loiter. MouP,.i?0rp. Mo'"tMoit' Moore, Myer.. Miller. Norm, rotter, RiBfwood. Roediet, Smith of Brows, f-heUon. Trnman, Vorlei. Van Bnikirk, Whiteler eai, 33.

V, ' ' ""T"! towBioBa nayi, s. Meaftrr. Plan, l i . . . ... ....

i, r . : " u-Kua-u vo.inf , ana nr. moiKr,B,,td 0,8 "-l.teB of the boo... 'lo take a rote wiuiout a q do ram.

amnoec. the remit n. von 3i .. .1. . .

Ih lami as the last, exwpt Mr. Whiiatof , who did Bat an-war.

Tba call of iha a bunt counties wa thea tamd Jadra Hincr. Lv nf th Mambb .i .l

desirable to oome to tome accommodation. Tba ioiDtwas not whether member who hate certificates shall lake their seats, but what was a true certificate. New I admit, that

ii meir wnintiMw u irnomioi taw ana ot 1&ct,hen L "Itbt here. I Ac to be a RepresataMT otHnmiliuncoantr.bat' t first district of Ham.. in

county, 1 cannot move au adjournment of a .HoDta

winch do not recogatro, bat 1 do suift-est, that tome gen It-man wlio does, shall more aa adjournment.

n caiioi ue abteoiconni.es was then renewed. V hen the d&ll WHS e.lnclti.lA.I Mr 1 AurnAn,t ArTra l .

resolution re..airinir all tUHufen and unprivileged persons to Jfave the floor efthe Hoote carried.

mr. I own tend then ottered ihe following resolution, vir; Kevolved, That the Hoate ftL.no.nt m Sr.fii.. -mi Arm..

pro tem, to entbroa order until the final orcaniation car ned. s. ts. i ane, was thereupoa appointed frdeaiil-at-Arms, pro tain.

. MOMnaY Ntr.wT,ft)m,nntespast8. The COtintiei. whOS UonrAiantinai I..-. ...i .1. . .. i -

their seats, were called again with the same result as at praviouscalls.

At a quarter to nma this call was rereate.1. At a ouarter iast nine, a cail of Uie Houi.i n.armA

which showed present 3i; absent 10. At fire minutes of 10, the counties sttll unrepresented were called again. At twelve o'clock, a letter directed to Messrs. Smith (of

Drown) and rugb, from the Indies oft omnibus

catved, containing the followirr words "Don't up the Ship," accompanied with a most wekome and aiost elermt refection.

A Ca u oarter to one. the call of the absentee coaaties aa

resumed, but no mem her answered lo his county.

At hair past three o'clock, the absent eonr ties werac tiled

acaia, bat with no sesalt. Iha m am here were a fd deal fatigued, soma of them sleeping in their chairt tWnt the Hall.

Abeat this time the 1 bft um an. eahansil hv a aeaamn of

so man r hours, va-a'ed the hair tYr a miTtnt. ksnr ur.

vioaslf called Mr. Pierce of Hamilton, the-etft.

At nine o clock a call of the Honse was ordered, when it

apt -cared that there were present 35; absent 7.

i motion ot Mr. Miller, ail fnnaer proceedings nuiler

the call were dut-eased with.

At art-out a ananer of tti, the t'TiaiTrnao. ir. Inciter, be-

gaa ence mora Use call of tba abaeatee eoaatie. prefac u. the call by some weil-timed admoainoos to tne Bio,iriff of the House, evhortfne all to preerre t-e most perfect or

der, and announcing that the same would be enforce j cnrine the da, lie further announced the nile iidob whtch

members, who had not already joined the orraaiiaiion, would be received, viz: thnt they sbonM v resent a oertifi cate of election, containing the prima fncia evilecce of

leral and conttiintumal election, and take the oath ot office, or satisfy the House that tbey had been legally and constitutionally sworn. He concluded by statins that ha

was authorised to say, that it the members new ahsent should think proper to oomply with these terms, ihey would be reoeived t)y the majority of the Heate in the most amicable tand harmonious manner, but that 1'iey eoaUl be ad

mitted on no othar conditions.

At about tea o'clock the secenera came into the house

and proceeded to take the seats they had occupied the day before on the lft of the Chairman. As soon as they were all assembled, they went ihroogh the form of an organisation, with Holcomb for Chairman, and twift for Clerk.

At this time the scene of vesierdar was repeated. 1 be ex

citement was intense, and a personal collision between the

parties became almost ineviiahle. not the w 'ndertni sell command, which the house had maintained dnriag the

whole of yesterday, yet sustained them, and the disorranixers were disappointed in not being able to tarn the noose from the even tenor of its way. Constant calls of the house on both sides were maintained, diversified by an occasional call for the absent counties. In whuh the sece.

dera were quite as active as the house, it wm to neaotioi that Mr. Townsend, a free soil member of the house, left

his seat, and went over to the corner in wnicn this organization was being c anted on, and appeared to be expostu

lating withuiein. Dot uiis mission nas prouuoea ne enciaB yet. (U o'clock, A. M.) At ten minuies of twelve, acall was erHered, whereupon, it ar.neared that there were present '-i. Tiie seceders now

proceeding in a call of thcir honre at the tame time, and immediately afterwards adjourned until o'clock.

t'hto Matesvan.

men, you will plcnee to present your certificates if Summit was here. He had at 10 o'clock this morn

ta1 inti'ria iYiCr.ftt sreti.di ul ihe country, into jdolph being opposed to the constitutionality and ex

. 'lie I . .L. n . It'. 1 .

K id wt-li known, no, mat rresiaem asmng

r.c relation oi toi.UH to n mm Jt-ptanderioe upon pe-

nmtary favors; Hius .iihiin-:' iinoiu'tium the ttfs ,-t 9t,city a pnat immU r ol in-hvidual ot pov.eri nU niufnLC to jv."1 tour toj.ntib'c opinio;., and , act ia con" rt in eas of t-iiu.eiicy. The "4 or r.,p't power ul sutih a poliiionl t tiHOi is no longer n.atu i if -! hii'" i. hnviiipr 1 t :i diplnrcd in i r.;:nrroua instrtiuvrt?. hi.t ms? Moii-illy in ihe pl.t , ,i al strtifftf-ps'! l-"-' l: in opii.-Mti-.n to the puhlic , v. ii r-ilTv'' -V H ,-r!, r: a?ul pall .otic ii-i- ; i .Set tho bank wr, h-it one hrnnrh nf the miw

iriU. A plIOLI" tlt ul ill iii'ur uiJiTi -fiiu,Ajy,uv

ttiii rt tbiiKvJ ihe hilt horn Monday, the 14ih, when u was prvtf med to him, until Friday, the5ihot i-ebinary; leing the last moment permitted him by the Constitution, when he hna.ly yielded to give his reluctant a?ent, and pave it his stgniiure. ll is certain that as late a9 the 23d ot February benti5 the ninth day alter the bill was presented to hint he had arrived at no satisfactory conclusion.

tor on that day he addressed a note to uen tlainil

tome bv the joint Committee oi Conifreas at Vi

il.o authors of this new um ii id not regard iisjrdhw opinion as to what precise pend, by U-gal - edv pavment aa -..-i.ta. to the pubiio pronjvt ri- uiterpretauoii ot the Constitution, can the VresiHit ookd -upon itscontinurnce x no national Vnt retain u in Ins pissession betore it becomes a

, v,t Whilst th drht exi.t, i lurnii-hed aUnn nt law oy tne lapse ii usys I ir,pr.'. It the nroL't-r conatriiotion was

ui- ....... .. . . . .

iu-. i. -ary t. tip p.iii.-miL ... mu rest txi-ctUuiij j w nu n uie mu wbm itf. imu m ii"iunii,.uu v inO 00 Riiimaliy j ''"y " which his action was had upon il, were 'i iio m i: I-wikIi of ihe new HV9tm was a tiili i l-oth t counted inclusive, then the time allowed i-.itociivf writ.'. This" wan t nirrri Umntira to I's- i him, within which it would be competent tor hi in !..,. c!b-i"ih1 imrtiniitirrtirsiiitsnt ih? esn. e ' to rriiun it to the House in which it onamnUi., , t '1 oilier' ' ro"'if''ii ! tax th- wlioh' t-ro- 1 with his ot.jei tions, would expire on 1 huraday, the ,V !.,t the WW ol fiiri.-hin-' a was too 1 24th of February, t.en. Hamilton on the same day !, ...iitroiis t.s U- Oi-cnlv ititil.'. 'I'l' fchPinn was, returned tin answer, lu which he states, "I give it :. . ! .- ven,-d urd. t the olausible, Utl di.liv.-i.-; ae my opinion that you have ten days exclusive o . , .. i .1.... ... ft... I. ,11 u a.jla ii'pm tit v.,11 mill

T,ny ot our wWo, tor a time, led to t.c- Suml.ya tiei.ee m the present ca if it is returned h.-v.'thni t5Twhi.-h.in tho nwin,feU upon Inhnr, ' on Friday it I in time." Ky this con. rncws for the benefit ot the laborer who paid it Tl.i !'. " 'J1' ,'"-,.1l resident adopted, lie Kmed anlt ,rf the t-yarcm involves a partnership bo-! other d:iv lor deliWratio.i, and it was not until the xvn the eovernment ami the lavored -!iw- i 23th or February that J,e stgnel the bill; thus ofl.tr- , . lormer receiving the proceeds of the tax imposed t inK conclusive proof that he had at at last obtained s n article, imported, and the latter the increased his own consent to stsn il.-not without creat ami -i,-e of similnr articles produced at home, caused ! almost insuperable dithculty. Additional light has ! v siich tax It ia obvioiw that the portion to lie recently been shed upon the serious doubts which -. c tvedbv ibe favored, would, as a general rule. ! he had on the subject, amountine, at one time, to iV increased in prcportion to the increase of the j the conviction that it was his duty to withhold Ms

f .. ;mn.sr nnrt OiminiK led HI t tinse ai irov ai mull mr uui. mm n reuuu minig in.

.biections to the House in which it shall have orie- out '1 the Constitution The vote of a Senator

' ... i . I I l.l.i.'.rn haa f... I, . 1 vcmh in rf-mil,. .

irmtr-d : who shall enter tne omecuons at large in iheir journals, and proceed to reconsider it." The preservation of the constitution from infi action is the President's highest duty. He is bound to discharge that duty at whatever ha?ard of incurrine the displeasure of those who may differ with him in opinion Ha is bound to discharge it as nell by his obligations to th people who have r-tothed him with his exalted trust, as bv his oath

,.f office, which he may not disregard. Nor are the obligations of the President in any degree lessened tiv the nrevalence of views different frem his own in

one or both Houses of Congress It is not alone 'hasty and inconsiderate legislation" that he is reauired to check, but it at any time Congress

4I11.II. alter auuareotlv full deliberation on mens

ures which he deems subversive ol the Constitution,

or ol the vital inteiests ol the country, it is los s...l omn dutv to stand in the breach and resist them.

The President is nonna to approve or disapprove

from Delaware has equal weight in decidine upon

the most important measures witn the Tote ol a Senator bum New York; and yet the one repre

sents a state containing, according to me existing appointment of "Representative in the House.''

Representatives ol but one imrty-tourtli part ol the population ot the other

By tne consutuuonai composition oi tne senate, a maioritv of that body from the smaller States.

represent less than one fourth of the people of the

Lnion. mere are imriy oiaie; ana unaer tiie existing apportionment of Representation, there

are two hunureu ana tinny in tne tiouse ol Representatives, sixteen ol the smaller States ate represented 111 that House but by 50 members, and yet the Senators trom these States constitute a m.ijoiity of the Senate; so that the President may recommend a measure to Congress, aud it may re

ceive the sanction ana approval ol more than three Quarters ot the House of Representatives, and ot

you have any. (Applause.) It will take some

time to swear you an in, gentlemen, it you oon i answer to vour names."

Mr. Holcomb. -The Clerk will call the roll of

the members thev will come forward, as they are

called and take the oath of office, which qualifies

them for their duty as members of the House of

Representatives."

Mr. Swift proceeds to call; Mr. Leiter also com

tnences calling, una a scene ot ludicrous uproar follows shouts of "Go it, old fellow!" "Now g j

ahead." "Whew!" 'Tut 'cm through," &c.

Mr. Leiter. Gentlemen, you make too much noise and confusion. (Screams of laughter You must keep still. (More noise than ever ) If you

ing presented his certificate to one whom he recog

nized as the Clerk of the last Hous-e, and had taken

the oath trom one whom he believed to be competent to administer such oaths. And more, he told

the House, he never would give tip his seat here till

he was a corpse. He had not affiliated with cither of the old parties since he came to Columbus. He

did not come here to imn in a revolution, but dc

sired with the few friends he had in the House lo

prevent a revolution, by acting as a balance of J. M, Niles,

power, to preserve the law, and to obey the law. I Lady Adams,

He was the representative ot the county ot bum-1 Belvidere,

mit, and should act as such until the term for I Hiram Powers,

which he was qualified expired.

Mr. Pennington banded a certificate to the Clerk

Boats Built al Huc.MBnii .iic ltrr.

Names. T.-n. Puckcye, - TV Fashion, - -I""1

Jenney Lind, - - 'N Josiah Lawrence, - Sultana, - '4,

Atlantic, - - -- Boone, - - i.'Ben Franklin, - - Kenton, - - Princess. - - -t,, New tMeans, - - John Adams, - - -' Memphis, - - Webster, - . . 41 - Moro Castle, - - Charter Oak, - - 40 ChiloV Harold, - - 3i5 Cincinnati!, - - 3S0 Ellen T, - 116 Mameluke, - - 44 Sacramento, - 2-k Oella, . . - Bay State. - - 560 -

Lancaster,

10,6o-8

Value.

$:4,t 27.1-1 ' .iikil :-.-..'. n 3-.1 .':!.o h 4S OtS 20.000 3? .V0 a?S(H l' 000 1J0M ?.CCK a00 e7.iHo l-fi.ooo ?.tXM 31,000 1P.000 j.eoo srj.i iiahi 28.000 l!.8'0 21.000 2L',0lH) f"?7.H00

want to organize the lobby, you must go there. of last year's House, which ihe Clerk was about to

(Applause.)

read, when a scene of confusion ensued during

Mr. Swift calls and Mr. Leiter calls, amid yells I which it was impossible to hear a single word.

of order. Several gentlemen speaking together, cries of order, MrHoixoMB. "Gentlemen, will you please keep order, go on, itu on, which lasted lor more thun

quiet? 1 Yells.) Will the Whigs that are in ihe fifteen minutes, when order was again in some de

House endeavor to preserve its quiet and dignity gree restored

Mr. Swift. ine inemner ironi ivuox huh

. J. , . . 1 . j 11 .. . 1 I ..... . 1 . - 1 . . i .11 il.a. -l.,nAl.,rci ffrnm Ihe rn riTA Nrnrefl ronfnin ...o

ton, in w hu ll he says thai tins 0111 -was presenteo 1 every mil that passes vonttress, aim in pirwuicti w --- ------ .......... ,B

. .... a1. a. .. i ... t 1.1 I, 1- I.- .-a. 'Iri I Ana.,.i .., melra. I 111, lie I II N 1 1 1 1 1 II. tl IU.1 1 HID . lilt. n 1 U1C UUUUIHLlUIi:

and yet the measure may be deleated by the vote of the Senators from the smaller States. None it

is ureaunied, can be found teady to change the or

ganization ot the i-Viibie on this account, or to

strike turn Dotiy, pracucauy, out oi existence, l y

requiring that its actions shall be conloinied to the more numerous branch.

I'noii the same principle that the veto of the

President should be practicaity abolished, the power of the Vice President to give the casting vote upon an equal division of the Senate should be

atiolished i.lso. tne vice rresiaent exercises Uie veto power as effectually by rejecting a bill by kin easting vote, as the PresiJent does, by refusing to

annrove or snrn it. 1 his power has been exer

cised in some instances by the Vice President. The

most important ot which was the rejection ot tm-

bill to re-charter tne lanK ol the united Mates in

181b. It may happen that a bill may lie passed by

a largo majority ol tho House ot Representatives, and may Ih. supported by the Senators from the small States; and yet none, it is presumed, are

prepared to deny to htm the exercise of his power under theCona'.inition.

Cut it is in point ol lact, untrue, that an act

passed by CongTess is conclusive evidence that it

is an emanation oi ine popular win. a majority of tho whole number elected to each House of Congress constitutes a qtiorem, and a majority of that minium is competent to pass laws.

. - i - , . . r ., t. f

It iiugni Happen inai a quorum oi ine iiotise oi Representatives, consisting of a single nienilier

more than hall ot the whole numtier, elected ty a majority of a single vote, and yet in that cane a fraction more than one-fourth of the people of the I' nited States would be represented by those who

voted for it. It might happen that the same bill might be passed by a majority of one, of a quorum of the Senate, composed ot Senators trom the fifteen smaller States, and a single Senator from a sixteenth Slate, and if the Senators voting for it

him for his signature. Ihe Constitution makes

ihia hiailutv. and he cannot escape it if he would.

He haa no election in deciding upon bills presented to him; he must exercise his own best judgment. If he cannot approve, the Constitution commands him t,. return the bill to the source from which it

If the proper construction was, that the day on I originated, with his objections; and if he fails to d;i

tl.ix wiltun ten uavs, taiiuaayBexiiiieu,i n hush

'.u,.ir.i law without his signature.

Right or wrong, he may be overruled by two tliinls ot each house, and in that event the bill be'

-m a Ihw without his sanctii n. If his objection

be not thus overruled the subject is only postponed, or is referred to the States, and the people, for their

r..nii,1iiriti.iii aud decision.

The President's power is negative merely, and

not affirmative. He can enact no law. 1 he only effect therefore ol his withholding his approbation

of the bill passed bv Congress, is to suiter the ex

istinir laws to remain unchanged, and the delay oc

easioned is only that required to enable the States

nd the people to consider ana act upon tne stmjeci in the election of public agents who shall show

their wishes and instructions. Any attempt of the President to yield his sanction to measures which ha- cannot aunrove. would be a violation of the spi

rit nf the Constitution, palpable and flagrant; and.

if successful, would break down the independence

.r tbe F.xecmive department, and make the rresi

rate-lot tax impose.!, nun iiiiiiiiiiMifu t. wi".-r: i "rr" - ,. . I " .-. . : , r . j i .u n-.i r'v.es as they were reduced to the revenue standard ; manuscript papers of Mr. Madison, authorized to dent, elected by the people and clothed by the con

reenired bv the wanu ot llie government. I lie ne purciiaceu i.-r uie i u m vrammia..., , ...

r ues reimrd to produce a stiliieient revenue for act ol the last aession; ; it,,. nr.!i..Arv (-xnensea of government, for neces- i accessible to the public.

.if impose?, v.v.r3 not likely to give the private 1 . .1,4) tl-0 Mt .tlte ulll.ti-ittl i lit Mf.

.armors in u n.ir.. , . r n.. in. m..i: .1...

-Iv their cupiiUtv. ad hence a variety ot expHit-1 nanus, ntnimiy re4urieu mi i uuij.i, i I tits in pretext were restend to f(,r the purpo. of ; time a memlier of the House of Representatives, to f nlirszuK' the expenditure?, and thereby creating a j prepare the draft of a eto Message tor him. Mr. necessity for kerning a hiuh protective tarilT. '1 he Madison, at his request, did prepare the draft of tHect of this policy was to interpose artifiiial res- such a message, and sent U to him cm 21st of Kbfiction upon the natural courx- of the business I ruary, 1791. A copy of this original draft in Mr. snd trade of the country, and to advance the inter- i Madison's own hand writing, was carefully pre- , . ..,1 1 l .. 1 ; ... .. .1 . a. 1.1 . .11 1. k. I.. IU1TQ a.aal V 1 . 1 1 . .

rts of lnrire CBmialis!.-1. ami monopolists, ar me seivtu ir mm, wiiuw ... a. . 7

erense of the great mas of the people who were

act of the last Session; and now, for the first time,

From these i.anera. it anoeara that President

Washington, while he yet held the bank bill in his

taxed to increase ner WChllil. I n.s oerai.-u iii harmony with the new system which was a hih protflc live tariff. Another branch of tliis system was a comprehensive scheme of internal improvements capable of indefinite enlargement and sufficient to swallow up as many millions annually, as could be exacted trom foreign commerce of the country. This was a convenient and necessary adjunct, of the prot. c-t'-ve taritT. It was to be the great absorber of any iir;iliis which miaht at any time accumulate ui the treasury, and of the taxes levied on the people.

n.it tor the necessary revenue purposes, but for the

a v.jw.d object ol aitoraing proiecuon to iwum i!dSi'.. Antili.rv to the same end, if ii was not an es-

sential part of tho system itselt, was a scheme whu h at a later period, ootained. for distributing .hi- proceeds of the sales of the public lands among ihe States. Other expedients were devised to ;aktt the money out pi the trcasuiy and to prevent ;! coming from any other source than a protective 'urin. The authors snd supporters of the systrni ' . re the advocates of the largest expenditure, whether for necessary or useful purposes, or not

i erauso the larger the expenditures the greater as ihe pretext for high taxes, iti the. form of protective duties These several measures were sustained by popular name, and plausible argumenta, by winch ilimssniia were deluded. The bank was representi tone an indispensable fiscal agent, tor the government; was to equnli?e exchanges, and to regulate and furnish a sound currency always, and everywhere ot uniform value. The "protective tariff"' was to give employment to "American la-'-or" t ad-rnnrwl nri to protect "home in-

a .s.ry." and to furnish a steady market for the tnrir.er. " Iriternal improvements were to bring trade

to every neighborhood enhance uie v.nuc oi rn-, j m.n'a nronp'rtv The distribution of the land mo

ney was to enrich the States finish their public

works, n ant schools throughout their ooraersonu

relieve them from taxation: but the fact that tor

-err Hnllsr taken out of the treasury lor these ob-

jf. a mnch larger sam was transferred from the

pockets of the people to the favored classes, was

continually concealed: and was also the tendency.

if not the ultimate design of the svtem, to build

up an aristocracy of wealth to control the masses

oi socifetv. and monopolize me political now cr ui

the country.

The several branches of this syitem were so in

ititution with power to defend their rights, the m. instrument of the maioritv of Congress. A

surrender on his part f the power with which the constitution has invested his otlice, would ettect a

practical alteration ot that instrument witnont tc .rtinir .i the nreseribed nrocess of amendment.

With the motives or considerations which may ind.,-r..noriss to pass anv bill, the President can

have nothing to do. He must presume them to be aa mirA A4 his Own. and look only to the practical

effect of their measures, when compared with the constitution or the public good. But it has been urged by those who object to the ..,i, i thia undoubted constitutional power.

that it assails the Representative principles ana ine capacity of the people to govern themselves; that

llnlr,,..

Mr. Leiter "The member from Knox and Holmes," (great and unceasing uproar ) Mr. Swift. "The member trom Medina. Mr. Leiter. "The member from Medina. Mr Swift. "The member from Mercer, .Allen, and Auglaze. Mr. LrrrER "The member from Mercer, Allen and Auglaze. ( Uproar still increasing ) A voice. "Mr Chairman, I move " "lt it go on." "What's the use now? you'd better " "lio ahead." (npplnuset.

Mr. Hoiicomb. "The members will be sworn, i The oath was administered in the proper form, j "Hold up your hands," said one, ' and your heads," said somebody in the lobby. "Who appointed " "IS one of your business?" A Voice. ".Mr. Chairman, 1 move that we proceed to elect a Speaker " Aye, lo-o-o. Inst. A motion was made to adjourn, was put by Mr lloleomb, and carried, and thereupon the Houo was tvacnated by the Whigs; having taken a recess until two o'clock, P. M. ll is no more than justice to the whole perfornir,.vo i.. anv that while on the Dart of the Demo

crats it shows a criminal design which is ready to resort to llie most contemptible means for Ub execution, the criminality of the thing has been overshadowed and buried in its intense ridiculousness And this is increased a thousand fold by the fact that has leaked out in the course of the day, that .. much afraid were the lemocrata that this game

would be played by the Whigs, that the wiseacres ...,, llv am un the whole of last night that they

might I ready to turn out and resist, in case the I ded.

Mr. Ulds, ot Pickaway, was heard to say he had

a proposition to make. Let those whose names are on the list in the hands of the Clerk, os having

been qualified this morning, be added to the list in the hands of Mr Smith, and thai then they would be ready to go into the organization. Mr. Pugh objected, because there are on that list the names ol two gentlemen who have no certificates, and are not legally qualified lo serve as members of the House. Members of all parties have testified that we acted this morning according to the ancient custom of the House We have an organization, and I will not consent to have my vote or the vote of any other niemt-tr of ibis House nullified by any man who is not a duly elected mem

ber ol this House.

Mr. Spencer said, sir. if 1 had lieen beard this

morning much of this difficulty might have lieen avoided. 1 have claims to a seat on this lloor. I

wish to be beard before 1 or my constituents ithnll

be disfranchised. The question between the last

gentleman on the floor and myself, is purely one of

a constitutional nature. 1 have, theietore, a pre

tence of right, and all who have a l-onn julr claim to a seat in this House should be heaid. I have taken the oath of office; if ii shall turn out, upon a fair expurgation, that he has a better right than I,

1 will yield my seat, hut betore a contest ana a de

cision, 1 claim to have the pamo rights on this floor that he has. 1 am willing either to stand

back, if those gentleman will, or 1 will take my

seat with them, until a decision ismado.

When Mr. Snencer had taken his scat. Mr.

Townsend offered the following resolution.

KesiAved, I hat Messrs. Kuuyan ami hpencer,

and Tugh and Pierce, claiming to be Representa

tives Ironi Hamilton county, bcreqiisted not to tai.i their seats until its organization, and theircontlirt-

ing claims have been fairly investigated and deci-

Total

Boata which have reached Cincinnati from places above and including the city, since 1st De

cember, lev. Total, "..a Cincinnati,

K.lizabethtown, Ta Brownsville, Pa. Wheeling, Va. Pittsburgh, Fa Shousetown, IV Freedom, Pa. Lawrence co. Pa. Kanawha, Va. Portsmouth, Ohio Glascow, Pa. ZanesviUe, Ohio Jessamine co, Ky. Marietta, Ohio, Newport, Ky Wellsville, Ohio

16 12 8 5 i 4 2 I

Tonnage. Value. 10,000 657,000 3,1 100 224.000 I, SOU 1 701 "0 l.Slt 13O.00O 1,087 l.l WH l,ii.l yi.o i.70 3'.',. '-00 140 .'.fH 410 ?i.:.oo '.'; 13.iM i.t3 v.r.co 111 Vi2 6,f".V r0 -.70i Ml.". 1.:!0I J4.i S.OiK) 2I,-.0:. 11.'.700

Whigs should 1 found endeavoring to make a

House ol Representatives, by stealing into ine nan

in the dark, and organizing ueiore uie

We hone that the people of the State of Ohio will

.,.. form .mrKmu-ealile opinions regarding the wis-

nf their reDresenlalives, from this, their first

ant

I afro 1 nVlATK. P. M The Democratic

n,.,r.,lra' ar iii noesession of the House, taking

tliaair l.inrhel of crackers, cheese, &.c. at their

desks ; and with a guard of two men over the bell

Mr Ol.lssooke in favor of this proposition.

Mr. Whitelcy wished to ask llie lat-l speaker a

question: what is the precise nature ot the evidence

which Mersrs. l-iencer and Kunyan have nroiigtii

with them? Is it not a mere abstract ol votesr

Mr. ( lids, reoeated his proposition.

Mr. Pugh demanded the reading of his certificate

of election, and also of Judge Spencer's.

I he Clerk thereupon read Mr. i ugh a certificate. Sir. Olds requested leave to tvad a section of tiie

Apportionment law.

Mr. t ugh again demanded tne reading oi juoge

.hr is greater safety in a numerous representa- aining less man one-s..een. u. .ne wuoie pop..

.iv .....Iw. than in the single executive created by Mat ion , ol the Lnueaotaies

the Constitution, and that the executive veto is a

I man nnwer." CICSDOIIC in Ha cnaracirr. 10

chased by the Congress, ll is preceded by a note

written on the same sheet, and also is in Mr. Mad

ison's own hand writing: February 21st, 1791. . . O 1 . 1 a. . m.

"Uopy ot a paper maae out ana aeni 10 ine r re- i t.ve body, man in uie siugic ' "Vfui. ; Hi..d .n ill,itrie tl. U.-t .:.i.... . u:. ... k., r.a..i i. r hi iMci. 1 .u.r...ii.,iinn .! that the executive veto is a I 1 his extreme case is sta ea to illustrate the la. t

Xu.dn

corporatinga national BanK, tne oiu oeing men i expose tne tauacy oi inn u..JtTv..o..,.. . '""f -,-:"-.- ,h-neonl nf tb T'niie.1 :I1IM before him " sarV to consider the frame and true character of ed the majority o ft he .lP bt

Among the objections assigned in this paper to our system Ours is not a consolidated empire, .!.. Kill mnJ ,. l,i,-l. ii-cre auhmiited for the ronsld- I hut a onUlerated union. The Slates, belore Uie

..r.iion'of ihe President, are the following : I adoniion of the Constitution, were so ordinant, so

"1 objt-ct to the bill because it is an essential equal, and separate, independent sovereignties,and principle of this government, that power not dele- ,y its adoption they did not lose that character. gated by the constitution cannot be rightlulty exer- They clothed the federal government with such cised; because the power proponed by the bill to be certain powers, and reserved all ".hers, including exercised is not expressly delegated, and because ,i,eir own sovereignty, to themselves. 1 hey guard-

I cannot satisfy inynelf that it results from any ex J d their own rights as btates, and ihe rights ol me pressed power by lair and safe rules of interpreta-1 people by the very limitations which they incor-

tion

happened to lie irom ine eigni oi me smallest tu i oesns ; im - : i . , those Staies, it would be passed by the votes ol of the House that it may not be rung at the time to Silencer', certificate, and proceeded to argue, .that Senators from States having but fourteen RepreseH. which the adjournment was taken. the proposiuoii under discussion, was unfair -and

tatives in the House of Representatives, and con

or truly reflect their will. If such an extreme case is not likely to happen. cas?s that approinimatc ii.

are of constant occurrence. It is believed that not

lohio State Journal.

HOUSE OF RF.PRESENTAT1VF.S. Monday, Dec. 4, 2 o'clock Mr. Montfort rose and said

1 Inv lieen sent here as a rep

resentativeof the people; and when I arrived here

I .r..i.,1 iwxirva h v to do tneir PUSiness in

one sided, and showed that the certificate of the

Hamilton Senator, which bad been allowed by the

Son ale was in the nrec.is lancuaire of his own

Mr. Monfort, then ottered the following amendment to the motion of Dr. Townsend.

Resolved, That such claimants to membership in this House, having certiticaus of election from the

clerk ol the court ol lyommou rieas ot tneir res

porated into the federal constitution, whereby tho different departments of the general government

are checks upon eacn omer. nm me n"r'"i 1,1 a.,,, am ia or.'iii ral nrinciple. controverted

. . r- ..

by nnc; but they must govern acionjii.it r..nat;t.itinn. and not according to an undebnrd

and unrestrained discretion, wnetwy uiey may AnnrM. tb minority.

The people of the United States are not blind to tl,a faei that thev may be temporarily misled, and

that their Representatives, uegisiaiure muu i-"

riie weipht of the precedent of the bank of 1714,

and the sanction ot the great name of Washington, u-l.irli ban been so often invoked in its support by

the development of these facts, should satisfy the country that it ought not to be contiuued. It

would have Deen toriunaie lor me coumry, iuu

saved thousands Irom bankruptcy and rum, naa our public men resisted the temporary pressure ol

the times upon our iinanciai auu iwriiiiiniy ....1 a.t. ...... 1 ... nl,.r..r ilia. WPllllll f.Snk. TllC

country became abundantly satibtied at the close -.ve, mv mistaken or influenced in their action

the constitution upon which all the members elect

ed to both bouses have been present and voted

Many ot the most important acts winch b

assed Uongresa nave ueen carried dv a close

i these houses. Many instances ol this might pe iivn. indeed our exoerience proves, that many of

the most important acts of Congress are postponed

to the last days, and olten the last nour ot session when they are disposed of in haste and by houses.

but little exceeding the number necessary to consti

tute a quorum.

Itesides in the most ot tne Mates ine memoers 01 the lower house are chosen by pluralities and not by

majorities ol all ita voters in their respective dis-in.-i. and it may haonen that a maioritv of that

house may be returned, by a less aggregate vote ol , i ,

,f its twenty years duration, as in the case ol llie

first Bank, and it also ceased to ex.et. under the repeated vetoes of President Jefferson ; it reeled

and tell, and a supsequent attempt to cuanei ilar institution was arrested by the veto of President Tyler.

Mr Mart. son in Yielding ros signature tu -"

k mnii.M i hey nave tnereiore inter

fered between themselves which may be passed by

their public agents. Various representations, such as Assemblies:

Senate and Governors in their several biates, a ti,nav nf PenreaentativMi. a Senate and President

f tn. I'mtpri Sntpa. The people can. by their

.!S.. It ..a Jlbiuiug l ui ..--.-. a i -, - .

charter of lSIc, -did so upon tne ground ot respect 1 0wn direct agency, make no law.nor can uie due to Drecedents. and aa he subsequently declared ( 0f Representatives imediately elected by them; nor

can the Senate, nor can both together without the

nrarrntni ol the President, or a vote ot to-

.a.ia..lai tf lktll llnilAPfl. .

llll.U. va ... . . .

Happily for themselves, tne people, in inuiung

our admirable system ot government, were con f their RepresenUtives

.nrl in Ho ctratina to them IDfl power oi leginumoii

i,. fonnMi them around with checks, to

pnard asainst the defects of party action, of error

ouence of the war of 1SV2 both were resorted fo in 0f combination, or or possiblo corruption., trror. the delusive hope that th"ey would restore public selfishness, and faction have often sought to rend

credit and afford relief to the government and to .sunder this best ol cheess, ana tuoject tne gov trol of fanatics, and sinister in

- Those of our public men who oppoaed the whole I fluence but their effort have only satisfied tba pco-

th hank nf iha I 'nilpd States, thoutrh on the origi

nal question held to be unconstitutional, received the executive signature. It is probable that neither the bank of 1791 nor that of 1S16 would have been chartered but for the embarrassment of the government in its finances, in the derangement of the currency, the' pecuniary pressure which existed the firet the consequence of the war of the revolution, the second the cense-

-11 .a... .n.l wKa.,, that was done, then I ri.va- iu.nnt.ea. are entitled vrmut facte to seats

treaceably to return to them again. And in accord therein, and no others; and that the claims and

single law has been passed since the adoption o, - I K K'ZffiS X

morning mm iwiuuniivvu u.m . - - .

yo

This ix a prodigious iitci ease, end leiin lorcibly of the mighty advance nc trade and business in tha West. It'in. Garette. GrNERo. s, THoi oa Fuvoai.. Some ladies, c.I lectins for a charitable institution, waited on a

rich i.r.ancler to noiicit a donation, livtihearius; him fuiding .fault with a clerk who Lad thrown away a pen which might have been serviceable, "Our visit ia in vain," saH one ot the ladies, in a low voice; "there is nothing to 1 expected for the poor from a man who is so stingy about an old pen." They were however, astoiuehed when tho financier most graciously gave tiiein a large sum ol money. They could not reaist telling lum what their appreliension were in ret-pect to thelpen, when he answered them, "Lndie, it Is by introducing the strictest economy in the arrangement of my house, that I amass that which enables nie lo contribute to the very charitablo institutions lor which you arecollecung." aKeaxliful Extract. Jod has written upon the rlowers that sweeten the air; on the breeze that rocks die flowers on tho stem; upon the rain drops that refreslied the pri of moss that lifts its head in the desert; upon the ocean that rocks every swimmer in ita deep chamber; iqKin every pencilled shell that sleeps in th caverns of the deep, no less than upon the mighty sun that warms and cheers millions of creatures

that live in its light, upon his he has WTittrn Tione; of us liveih to himself.' . An J if we arc wise enough to understand tliese works; we blia'l find that there in nothing, from llie cold alone in tho earth, or the minutest creature that breathes, which may not, in some way or other, minister in the happiness of some living creature. We admire and praise the llower that best answers the end for which it was created, and tba tree which bears limit the most rich and abundant ; the star that ia most useful in the heavens we ad

mire the moat. Is it not reasonable that man, to horn the whole creation, from the flowers up to the spangled heavens, all minister, should live for the noble end of

living, not for himself, but lor ouierar

The New

d I appointment of our proper officers; but, sir, against red to the committee on privileges and elections I Have iherubs of politeness and gentility, when our Mr. Olds euCgesied as an amendment to add to vote! chairman calla upon members to come forward and the former part of the resolution, "provided that

present their certificates, and he swom in, accoru-1 the cernncaie coniorm on us - "r; -ii'r-' ' i ...urnWa of the Ohio Legislature, I tinnment law."

a-V..imk.., and nthera not members of I Mr Miller enouired whether a lec'n-lature or

ded themselves in this I f..r.i7l with 74 members is any more of a legisla-

hall did enaeavor, by laughter and disorderly con-1 ture than one of 42. The eame constitution thai Hurt to ore vent a peaceable organization ot this I requires two-thirds to do business, forbids more

hrwdv Sir we ask gentlemen coolly, calmly and thnn 72 members to sit on this floor.

dispassionately to desist from this course ot proce

dure, which must result in consequences imp easant to us all. Sir, 1 apeak calmly and firmly. We must have order-we will have order; but we hope we will not be compelled to throw ourselves .u. ;,;n M .vplf nrnservBtion. which we will

my- I r?.""y" . .: j . . j. ... ;

If ,h, prineip.e in9te.i on be counted then tiie c--" lK

WUll(aN.II ...... W- . a . I . 1

the people, than that received by minority.

Constitution should be so changed that no

hawnm. a law unless it ia voted for by members re

presenting in each house a maiontyot tne wnoie people of the United States. We must remoddcl our whole system, strike down and abolish, not

only the salutary check, lodged in tne executive hmnrh. bnt must strike out and abolish those

lodged in the Senate also, ana tnus pracucauy h. whnl. mwer nf ths iTovernmenl in the ma

jority of a single assernldy, a majority uncontrolled

and absolute, ana wnicn may Let....n.-ucu.

(Goncludcd on tirst rage j

mm , C 1: J ..W

T An ancient can., nouowea trom a ouu tree, and measuring 19 feet in length, 2 1-2 m depth, and 2 1-1J width, has been discovered cn the acuth bank of the Clyde, at Glasgow by orr.e laborer who were excavating the ground for the erection of a new quay

..w ... that nrnrtnaitions have heretofore been

presented in this House, to select tome other place lor the assembling of the Legislature than that of

the city of Columbus, and omer aisiuruutw. u. i.i i.:., a h... mitun-d Dronoeitiona for that remo-

i a at if mB cannot assemble peaceably

nndev the constitutien in tne ciiy of Columbus as a

Legilative body, then sir, I would lnlorm gentlemen that there are other placea in Ohio, the cuitene of which will protect us in our eonstirntional rinhtr. and f..r the remoyal of the capitol thither, my vote shall be recorded, if we cannot be protected

When Mr. Montfort resumed hia sc a', there was i ai.i ar annlanae and disaooropation mani-

aidea of the chamber. The

nn. hmrrwr. in the lobbies, increased so that it

became difficult to near.

. -i . it . :

. .i ...,-a.. a.. .. i utr Kicrrror movta mat tne uouse auinurn uihh

B3-Almost any aung, ec:pi uc t-' " j .. . -iia

acience " may be cured by putting some spmta oil to-morrow moming y Snune ut!on the place, for the pain will nearly House that he tnadehia motion ,n good faith, and

ceak in one minute. o nn000 T ouuu'k t""""

Mr Townsend snoke in support ol nie original

resolution. For the sake of peace and order, he ihn.ioht it would be better for all four of the

Hamilton gentlemen to atana oaca, ana ici tne legislature be organized wiih 10 members. He pledged himself that no unfair advantages of this concession should be taen by either aide. Mr. McClure. desired to eupport Mr. Towna-

end'e motion ' He occupied like bis friend who

spoke belore him, a position in wnicn ne ceairca to assuage the flame which was disposed to rise between the parties, instead of fanning it- His motive was to see if he could not do some good; let them become .cool; welare entirely, we free soil

mc, free from all party ne, and now we propose to

you this salvo. .Let Hamilton cojnty retire ironi this fla-Mw t mil altiar iha nrtrsnizatinn. Hamilton

mnniv is thfl rsuifl of all this difficulty- Will

Hamilton Ninnti ann her renreseniaiives t'lar iui

a little patriotism, and leave ue to organize, and to tret at their difficulties, land they will find os free

sou men impartial luages.

-a m J : 1 .U-. . r.a whirl W..O had BOt

iomad in ths orraDizauon, woald bs te votti Tho Chan reuhe-l tbiu al ho would forward rular

oertincatat to uie laietE inouiu , , The ea and nayi beiaj called for on tha amendment, .1 . .aa..,

uatir -." - , .. ., .. .,..

Mr. ir? mmw n :z 7.

Tn Mtssu-a Giri. Marietta Smith.-

Vnrk Tribune aava a police force of many hun

dreds in that city naa ueen lnueiaugaoie ior weens in endeavoring to obtain some clue to the sudden, mid-day disappearance of this young lady, but in vain not even a trace of her have they diseovered. In the multitude of inquiries made after -Miss Smith, it haa been ascertained that there are other families in the same aituaiion with her parents. Exrispi-Na ibe Area. The Eritish who looked with horror upon the insatiate ambition of the I nited States in annexing Mexico, talk now, very coolly, of annexing the Punjaub, and resTet that they did not do bo when they defeated the Sikhs in that "unprovoked invasion" of the Eritij-b. domin

ions a tew years ago. Strrr for Damach A suit for damages haa been commenced against the Worcester Railroad Companv. by the relative of a female who waa injured by the accident at the Urookhne Croasing. a year or more ago. in which nt persona were killed. The

female in queetion naa since u""..

r Pitt The wholo of th public pro

perty of the city of St- John, N. B.. ia advertised to be sold at auction by the sheriff, to satisfy art execution issued eut of the Supreme Court for

116,000. .

. ..... amn. whn m the confonon we could 1

tee, a-ove'd a call of the loom, which wet ordered , when it I

ait.

econde.

I appeared -bat there were pretent 41 membere, abient

Export or Cor nto ' Black Sea Forbit)pew. By letters fror d Galatr, pans on, or communicating Sea, from whicri very large shipment.. . .1 are habitually made, it ia atated that the export of Indian corn was pr hibitedfrom those placea after the 22d ofOctobc last. The chief cause of this prohibition is aaid -have arisen from the large consumption caused likely to be perpetuated for a certain perithe agglomeration of Russian and Turkish in, and in the neighborhood of Wallachia.

ftrOne of the daughters of the captive Kader ia aaid to poaaeei extraordinary bea'