USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume I > Part 68
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With the adoption of the code of 1852, following the census of 1850, it appears that the State was still entitled to only seven
346
HISTORY OF ALABAMA
representatives. The new county of Choctaw was added to the fourth district, and the county of Hancock (now Winston) was assigned to the fifth district. However, sec. 31 of the code containing the districts, was by its own terms to cease as a law after March, 1854.
On February 18, 1854, the legislature passed a new act providing for a reapportion- ment and a rearrangement of the counties composing the districts, but still provided for only seven districts. From the Thirty-third to the Thirty-seventh Congress inclusive, 1853 to 1861, the State had seven members of the House of Representatives. Because of the War it was without representation in the Thirty-seventh and the Thirty-eighth Con- gress.
The Constitutional Convention by an ordi- nance, September 23, 1865, provided a new apportionment, making six districts. Assum- ing that the State would be entitled to repre- sentation in Congress under the reconstruc- tion policy of President Andrew Johnson, elections were held in November, 1865, to serve until March 4, 1867, or for the Thirty- the holders presented themselves, but they ninth Congress. Certificates were issued, and were not admitted to enrollment and were never recognized in any way as entitled to any of the privileges of the offices to which they had been chosen. The State was, there- fore, wholly without representation in that Congress. The legislature, February 19, 1867 carrying the counties, but the appor- tionment still authorized only six districts.
With the adoption of the new Reconstruc- tion policies, provision was made by act of December 4, 1867, for an election to be held on February 4, 1868, at the same times and places as the vote on the ratification of the constitution adopted in 1867. The election of representatives was to be for the congres- sional districts as then established. Six mem- bers were elected, and they took their seats in July, 1868. They were all members of the Republican party, then dominant. In the Fortieth, Forty-first and Forty-second Con- gress, there were six representatives.
Under the census of 1870, Alabama was apportioned eight representatives, but it was not until February 13, 1875, that the state was redistricted. In consequence the State was represented in the Forty-third and Forty- fourth Congresses by six representatives from the districts as then arranged, with two rep- resentatives from the State at large. By the act of 1875 eight districts were created. On February 10, 1883 Cullman county was added to the Seventh District. From the Forty-fifth to the Fifty-second Congress inclusive, the State had eight members of the House of Representatives. The census of 1880 had not increased the representation.
Under act February 13, 1891, based upon the census of 1890, nine districts were organ- ized. On February 14, 1901, Hale County was detached from the ninth and added to the sixth congressional district.
There was no increase of representation by the census of 1900. The census of 1910
increased the representation, but the State was not redistricted until September 25, 1915. On that date 10 districts were established.
From the Fifty-third to the Sixty-second Congress inclusive, the State bad nine repre- sentatives. The additional representation allowed under the census of 1910 was filled by a representative from the State at large to the Sixty-third and Sixty-fourth congresses.
Members at Large .- The census of 1870 and the apportionment thereunder gave Ala- bama eight representatives. In the absence of legislation, redistricting the State, the two additional representatives to which the State was entitled were elected at large to the Forty- third and Forty-fourth Congresses. Alexan- der White and Christopher C. Sheats were elected to the former, and William H. Forney and Burwell B. Lewis, to the latter. One additional member was given the State by the Thirteenth Census, 1910, but no provision was made for redistricting, and in conse- quence the additional member was elected from the State at large to the Sixty-third and Sixty-fourth Congresses. That distinction went to Dr. John W. Abercrombie, of Tusca- loosa.
Territorial Representation. - 1818-1819. The Alabama Territory was created March 3, 1817. The act of establishment provided that the legislative council and house of represen- tatives should have the power to "elect a delegate to congress, who shall, in all respects, possess the same rights and immunities as other delegates from territories of the United States." To this position Col. John Crowell, then Creek Indian agent, was chosen without opposition. He took his seat March 9, 1818. The Congress to which he was elected expired on March 3, 1819, and there appears to be no record of the representation of the Territory from that date until December 14, 1819, when the joint resolution was adopted admit- ting the State into the Federal Union.
General Ticket System .- Representatives in Congress from 1819 to 1841 were elected by the voters of their respective districts. In the latter year, January 1, the legislature fixed what is known as the "General ticket system" in elections for representatives. The law provided "that each qualified voter of this State, shall be entitled to vote at the next general election, and every two years there- after, for the whole number of representatives in Congress, to which this State now is, or by any subsequent apportionment, may, here- after, be entitled; and among those persons, who shall be voted for, as representatives in Congress, at the next general election, the five persons having the highest number of votes, throughout the State, shall be deemed and considered duly elected representatives to the Congress, next ensuing such election." The declared purpose of this radical depart- ure was, in the language of the message of Gov. Arthur P. Bagby, "to concentrate more perfectly the political energies of the State so far as practicable, and of consummating the genuine states' rights doctrine." The governor's message states the position of the general ticket advocates as strongly as
347
HISTORY OF ALABAMA
possible, and a Democratic legislature followed his leadership. At that time the State had five representatives in Congress, three Demo- crats and two in opposition. Of the action of the dominant majority, Garrett, "Public Men in Alabama," p. 138, says that its object was "to absorb these districts by the large Demo- cratic majorities in North-Alabama, and thus increase the strength of the Democratic party in Congress." No measure ever before the house of representatives was more bitterly contested, and every parliamentary step was taken to bring about its defeat. A special session of the legislature was held in April, 1841, and in an act of April 27, calling a special election for members to the Twenty- seventh Congress, it was provided that at the general election to be held in August, 1841, the sense of all the voters should be taken on the question as to whether they were for or against the general ticket system, and that a return of the results of the referendum should be made to the governor. At the next session of the legislature, this law which caused such dissention and bitterness was repealed, to again quote Garrett, p. 219, "in conformity with the voice of the people," as expressed in the election at which the mem- bers were themselves chosen.
White Basis .- The State had hardly re- turned to its old practice of electing represen- tatives by districts, when a new principle of apportionment was brought forward in the session of 1842-43. in a bill to redistrict the State, following the census of 1840. The act as finally adopted, dividing the State into seven congressional districts, "according to white population." grew out of a resolution offered by David Hubbard, of Lawrence County. Mr. Garrett, above quoted, says that "this principle was probably the first of the kind ever brought forward in a Southern leg- islature, and gave rise to heated and pro- tracted discussion." The opponents of the measure challenged not only its wisdom, but the right to the adoption of such a measure under the constitution of the United States. John A. Campbell, then a representative from Mobile County and later a justice of the supreme court of the United States, was one of the strongest in opposition, and his protest, as well as that of others, appears in the journals. The vote on the measure showed 46 in the affirmative, all Democrats except 1, and 38 negative, including all the Whig members of the house and 7 Democrats. At the next session a very earnest effort was made to bring about the repeal of the re- districting act and the return to the mixed basis. but without avail. The act remained in force until the apportionment made Febru- ary 18, 1854.
Confederate Period .- On the withdrawal of the State from the Federal Union by ordi- nance of January 11, 1861, Senators Clay and Fitzpatrick, and Representatives Clopton, Cobb, Curry, Houston, Moore, Pugh, and Stall- worth retired from Congress. The records show that all vacated their seats on January 21, 1861, with the exception of Mr. Cobb, who
remained until January 30, 1861. (See Con- federate Congressional Representation.)
Post Bellum Period .- In conformity with the requirements of the Federal authorities, a constitutional convention was held, and on the 30th of September, 1865, adjourned, after having done everything sincerely believed to be necessary to wholly and completely re- store the State to the Federal Union. This convention abolished slavery, declared the ordinance of secession null and void, repu- diated the Alabama Confederate war debt, and nullified all of the ordinances of the secession convention of 1861, or that were in conflict with the Constitution of the United States. Provision was also made for the elec- tion of officers, including representatives in Congress.
The legislature met in November, 1865, and on December 2, 1865, it ratified the thirteenth amendment to the Constitution of the United States, in which slavery and in- voluntary servitude were prohibited. The legislature elected Lewis E. Parsons and George S. Houston to the United States Sen- ate.
Senators Parsons and Houston and Repre- sentatives Charles C. Langdon, George C. Freeman, Cullen A. Battle, Joseph W. Taylor, Burwell T. Pope, and Thomas J. Foster all presented their credentials to the Thirty- ninth Congress. While the people of the State had accepted the conclusion of the War in good faith and were busy trying to retrieve their disordered fortunes, public opinion in the North was not reconciled to permitting the Southern States to representation in Con- gress. The members from Alabama, as well as from the other states of the Confederacy, were not only denied their seats in this Con- gress, but they were not even permitted to get their names on the rolls of either the Senate or House of Representatives. Under the law as it existed then and at present, on the presentation of credentials, the rolls of both houses are made up by the secretary and the clerk respectively. These officials, repre- senting the hostile majority in Congress, re- fused to enroll the members elected from the Southern States. No record appears either on the Journals, or in the Congressional Globe that credentials were ever presented, at least as to senators and representatives from Ala- bama.
The people were thoroughly aroused, and intense indignation existed everywhere. The legislature which had chosen the senators, and which still continued in session, on Febru- ary 22, 1866, adopted resolutions expressive both of the highest patriotism and the deepest sense of resentment against the injustice which had been done the State. (See docu- mentary section for text of the report of the joint select committee of the senate and house of representatives and the resolutions referred to.)
It was not until the State had been "re- constructed" in accordance with the "Con- gressional plan" that it was again given a voice in Congress. On July 25, 1868, George E. Spencer and Willard Warner, as Senators,
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HISTORY OF ALABAMA
and on July 21, Francis W. Kellogg, Charles W. Buckley, Benjamin W. Norris, Charles W. Pierce. John B. Callis, and Thomas Haughey, as Representatives, took their seats. They had been chosen under an ordinance of the convention of 1867, and by electors represent- ing aliens, scalawags, and negroes.
United States Senators by classes, 16th to 64th Congresses, 1819-1916, inclusive .- On presenting themselves for seats in the United States Senate, Hon. William R. King and Hon. John W. Walker cast lots for the classes to which they would be assigned. The former drew class two and the latter class three. This determined the dates of the expiration of their respective terms. Senator King's term was for four years, ending March 3, 1823. Senator Walker's term was for six years, ending March 3, 1825.
Class 2.
William R. King-Oct. 28, 1819-Apr. 22, 1844.
Dixon H. Lewis-Apr. 22, 1844-Nov. 25, 1848. Benj. Fitzpatrick-Nov. 20, 1848-Nov. 30, 1849. Jeremiah Clemens-Nov. 30, 1849-Mar. 4, 1853.
Clement C. Clay, jr .- Mar. 4, 1853-Jan. 21. 1861.
( Vacancy during hostilities, 1861-1865.)
Lewis E. Parsons, elected for six years from Mar. 4, 1865, but admission denied.
Willard Warner-June 25, 1868-Mar. 4, 1871.
George Goldthwaite, Jan. 15, 1872-Mar. 4,1877.
John T. Morgan-Mar. 5, 1877-June 11, 1907.
John H. Bankhead-June 18, 1907-date. ( His present term expires Mar. 3, 1919.)
Class 3.
John W. Walker-Oct. 28, 1819-Dec. 12, 1822.
William Kelly-Dec. 12, 1822-Mar. 4, 1825. Henry Chambers-Mar. 4, 1825-Feb. 27, 1826. Israel Pickens-Feb. 17, 1826-Nov. 27, 1826. John Mckinley-Nov. 27, 1826-Mar 4, 1831.
Gabriel Moore- Mar. 4, 1831-Mar. 4, 1837.
Clement C. Clay, sr .- Mar. 4, 1837-Nov. 24, 1841.
Arthur P. Bagby-Nov. 24, 1841-July 1, 1848.
William R. King-July 1, 1848-Jan. 14, 1853.
Benj. Fitzpatrick-Jan. 14, 1853-Jan. 21, 1861.
(Vacancy during hostilities, 1861-1865.)
George S. Houston, elected for 6 years from Mar. 4, 1861, but admission denied.
John A. Winston, elected for 6 years from Mar. 4, 1867, but admission denied.
George E. Spencer-June 25, 1868-Mar. 4, 1879.
George S. Houston-Mar. 4, 1879-Dec. 31, 1879.
Luke Pryor-Jan. 7, 1880-Dec. 6, 1880. James L. Pugh-Dec. 6, 1880-Mar. 4, 1897.
Edmund W. Pettus-Mar. 4, 1897-July 27, 1907.
Joseph F. Johnston-Aug. 6, 1907-Aug. 8, 1913. Frank S. White-Mar. 22, 1914-Mar. 3, 1915.
Oscar W. Underwood, Mar. 4, 1915-date. (His term expires March 3, 1921.)
Contested Election Cases .-
Senate.
(1) In re George Goldthwaite. George Goldthwaite was elected to the United States Senate by the legislature of 1870-71. On February 6, 1871, his credentials were pre- sented for the term beginning March 4. 1871. On March 4, a protest by certain members of the legislature of Alabama against his ad- mission was lodged with the Senate. The Committee on Privileges and Elections, March 20, 1871, reported a resolution that he be permitted to take his seat, pending a further investigation. The resolution was laid on the table without action. At the next session, January 9, 1872, it was resolved by the Senate "that George Goldthwaite be permitted to take his seat in this body as a senator from the State of Alabama upon tak- ing the proper oath; and that the Committee on Privileges and Elections proceed hereafter to consider the grounds on which his right to a seat in the Senate is contested, and hereafter make report to the Senate there- on." He took his seat in pursuance of this resolution, January 15, 1872; and no further action was taken adverse to his claims.
(2) Francis W. Sykes v. George E. Spen- cer; and George E. Spencer. On December 13, 1872, Senator George E. Spencer pre- sented his credentials, showing his re-elec- tion by the legislature of Alabama for the term beginning March 4, 1873. On February 28, 1873, a memorial was presented by Dr. Francis W. Sykes, in which he claimed to have been elected by the legislature for the same term. Senator Spencer claimed elec- tion by what was known as the "Court House" legislature, while Dr. Sykes was chosen by the "Capitol" body. After debate, on March 6 and 7, Mr. Spencer was admitted on the latter date. On December 8, 1873, the memorial of Dr. Sykes was referred to the Committee on Privileges and Elections. A majority report was made, April 20, 1874, and a minority report was also made. On May 28, the Senate discharged the com- mittee, leaving Senator Spencer in possession of the seat. In this contest, Gen. John T. . Morgan, afterwards Senator Morgan, greatly distinguished himself as the representative of Dr. Sykes.
(3) Reese v. Morgan. In the Fifty-third Congress, December 19, 1894. Senator Wil- liam V. Allen, of Nebraska, a Populist mem- ber of that body, presented resolutions con- demnatory of political affairs in Alabama,
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HISTORY OF ALABAMA
and bringing into question the right of Sen- ator John T. Morgan to a seat as his own successor in the United States Senate, to which he had been elected by the legislature of Alabma, 1894-95. The claims of Col. Warren S. Reese to the seat were presented, and a speech made by Senator Allen on Feb- ruary 11 and 12, 1895. No action was taken.
House of Representatives.
(4) Norris v. Handley, 42d Cong., 1871- 1873. Mr. Handley retained his seat.
(5) Bromberg v. Haralson (negro), 44th Cong., 1875-1877. Mr. Bromberg was un- successful.
(6) Jones v. Shelley, 47th Cong., 1881- 1883. Undisposed of at close of Congress, Gen. Shelley holding seat.
(7) Lowe v. Wheeler, 47th Cong., 1881- 1883. Contest decided in favor of Mr. Lowe, and Gen. Wheeler unseated.
(8) Mabson v. Oates, 47th Cong., 1881- 1883. Col. Oates retained his seat.
(9) Smith v. Shelley, 47th Cong., 1881- 1883. Seat declared vacant, but Mr. Smith died before the vote.
(10) Strobach v. Herbert, 47th Cong., 1881-1883. Col. Herbert retained his seat.
(11) Craig v. Shelley, 48th Cong., 1883- 1885. Contest decided in favor of Mr. Craig, and Gen. Shelley unseated.
(12) McDuffie v. Davidson, 50th Cong., 1887-1889. Mr. Davidson retained his seat. (13) McDuffie v. Turpin, 51st Cong., 1889- 1891. Contest decided in favor of Mr. Mc- Duffie, and Mr. Turpin unseated.
(14) Threet v. Clarke, 51st Cong., 1889- 1891. Mr. Clarke retained his seat.
(15) McDuffie v. Turpin, 52d Cong., 1891- 1893. Mr. Turpin retained his seat.
(16) Whatley v. Cobb. 53d Cong., 1893- 1895. Mr. Cobb retained his seat.
(17) Aldrich, Wm. F., v. Robbins, 54th Cong., 1895-1897. Contest decided in favor of Mr. Aldrich, and Mr. Robbins unseated.
(18) Aldrich, T. H., v. Underwood, 54th Cong., 1895-1897. Contest decided in favor of Mr. Aldrich, and Mr. Underwood unseated.
(19) Goodwyn v. Cobb, 54th Cong., 1895- 1897. Contest decided in favor of Mr. Good- wyn, and Mr. Cobb unseated.
( 20) Robinson v. Harrison, 54th Cong., 1895-1897. Gen. Harrison retained his seat. (21) Aldrich, Wm. F., v. Plowman, 55th Cong., 1897-1899. Contest decided in favor of Mr. Aldrich, and Mr. Plowman unseated.
(22) Clark v. Stallings, 55th Cong., 1897- 1899. Mr. Stallings retained his seat.
(23) Comer v. Clayton, 55th Cong., 1897- 1899. Mr. Clayton retained his seat.
(24) Crowe v. Underwood, 55th Cong., 1897-1899. Mr. Underwood retained his seat. (25) Aldrich, Wm. F., v. Robbins, 56th Cong., 1899-1901. Contest decided in favor of Mr. Aldrich, and Mr. Robbins unseated.
(26) Spears v. Burnett, 55th Cong., 1901- 1903. Mr. Burnett retained his seat.
Resignations .- The list which follows in- dicates all resignations in chronological order. They are also to be found in the details for the several congresses below:
Senator John W. Walker, 17th Cong., 1823.
Representative Wm. Kelly, 17th Cong., Dec. 1, 1822.
Senator John Mckinley, 25th Cong., April 22, 1837.
Senator C. C. Clay, sr., 27th Cong., 1841.
Senator Wm. R. King, 28th Cong., April 15, 1844.
Representative Dixon H. Lewis, 28th Cong., April 22, 1844; appointed to succeed Senator King.
Representative Wm. L. Yancey, 29th Cong., Sept. 1, 1846.
Senator Arthur P. Bagby, 30th Cong., June 16, 1848.
Senator Wm. R. King, 32d Cong., Jan., 1853.
Representative Burnell B. Lewis, 46th Cong., Oct. 1, 1880.
Representative George H. Craig, 48th Cong., Mar. 3, 1885.
Representative Wm. C. Oates, 53d Cong., Aug. 28, 1894.
Representative Joseph Wheeler, 56th Cong., April 20, 1900.
Deaths .- Since admission the State has lost six senators and seven representatives by death. "Memorial addresses" have been pub- lished, note of which will be found in ref- erences below. They are given here in chrono- logical order, and also in their appropriate places in the list by congresses below:
Senator Henry Chambers, 19th Cong., d. Jan. 25, 1826.
Representative Joab Lawler, 25th Cong., d. May 8, 1838.
Representative Felix G. McConnell, 29th Cong., d. Sept. 10, 1846.
Senator Dixon H. Lewis, 30th Cong., d. Oct. 25, 1848.
Senator George S. Houston, 46th Cong., d. Dec. 31, 1879.
Representative Wm. M. Lowe, 47th Cong., d. Oct. 12, 1882.
Representative Thomas H. Herndon, 48th Cong .. d. March 28, 1883.
Representative Charles W. Thompson, 58th Cong., d. March 20, 1904.
Senator John T. Morgan, 60th Cong., d. June 11, 1907.
Senator Edmund V. Pettus, 60th Cong., d. July 27, 1907.
Representative A. A. Wiley, 60th Cong., d. June 17, 1908.
Senator Joseph F. Johnston, 63 Cong., d. Aug. 8, 1913.
Representative William Richardson, 63d Cong .. d. Mar. 31, 1914.
Presidents Pro Tempore of the United States Senate .- The State of Alabama has had the distinction of having two senators who have served as presidents pro tempore of the United States Senate. William R. King was first elected to that post, July 1, 1836, and re-elected from time to time, serving through to March 10, 1841. Benjamin Fitzpatrick was elected president pro tempore, December 7, 1857, and at various dates to June 26, 1860.
Representation by Congresses, Fifteenth to Sixty-fifth, 1818-1916, inclusive .-
350
HISTORY OF ALABAMA
ALABAMA TERRITORY.
FIFTEENTH CONGRESS.
Mar. 4, 1817-Mar. 3, 1819.
1st sess., Dec. 1, 1817-Apr. 20, 1818. 2d sess., Nov. 16, 1818-Mar. 3. 1819. Special sess. of Senate, Mar. 4-6, 1817.
Delegate.
John Crowell, St. Stephens. Took his seat Mar. 9, 1818.
STATE OF ALABAMA.
SIXTEENTH CONGRESS.
Mar. 4, 1819- Mar. 3, 1821.
1st sess., Dec. 6, 1819-May 15, 1820. 2d sess., Nov. 13, 1820-Mar. 3, 1821.
Senators.
William R. King, Cahaba. Took his seat Dec. 22, 1819; term to expire as determined by lot, Mar. 3, 1823.
John W. Walker, Huntsville. Took his seat Dec. 14, 1819; term to expire as determined by lot, Mar. 3, 1825.
Representative.
John Crowell, St. Stephens. Took his seat Dec. 14, 1819.
SEVENTEENTH CONGRESS.
Mar. 4, 1821-Mar. 3, 1823. 1st sess., Dec. 3, 1821-May 8, 1822. sess., Dec. 2, 1822-Mar. 3, 1823.
2d
Senators.
William Kelly, Huntsville. Elected to suc- ceed John W. Walker, resigned; took his seat Jan. 21, 1823.
William R. King, Cahaba. John W. Walker, Huntsville. Resigned Nov. 21, 1822.
Representatives.
William Kelly, Huntsville. Resigned Dec. 1, 1822.
Gabriel Moore, Huntsville. Elected to suc- ceed William Kelly, elected senator; took his seat Dec. 2, 1822.
EIGHTEENTH CONGRESS.
Mar. 4, 1823-Mar. 3, 1825.
1st sess., Dec. 1, 1823-May 27, 1824. 2d sess., Dec. 6, 1824-Mar. 3, 1825.
Senators. William Kelly, Huntsville. William R. King, Cahaba.
Representatives.
Northern District .- Gabriel Moore, Hunts- ville.
Middle .- John McKee, Tuscaloosa. Southern .- George W. Owen, Claiborne.
NINETEENTH CONGRESS.
Mar. 4, 1825-Mar. 3, 1827. 1st sess., Dec. 5, 1825-May 22, 1826. 2d
sess., Dec. 4. 1826-Mar. 3, 1827. Special sess. of Senate, Mar. 4-9, 1825.
Senators.
Henry Chambers, Huntsville. Died Jan 25, 1826.
William R. King, Cahaba. .
John Mckinley, Huntsville. Elected to succeed Henry Chambers, deceased, Israel Pickens having been appointed pro tempore; took his seat Dec. 21, 1826.
Israel Pickens, Greensboro. Appointed to succeed Henry Chambers, deceased; took his seat Apr. 10, 1826.
Representatives.
Northern District .- Gabriel Moore, Hunts- ville.
Middle .- John McKee, Tuscaloosa. Southern .- George W. Owen, Claiborne.
TWENTIETH CONGRESS. Mar. 4, 1827-Mar. 3, 1829.
1st sess., Dec. 3, 1827- May 26, 1828. 2d sess., Dec. 1, 1828-Mar. 3, 1829.
Senators.
William R. King, Selma. John McKinley, Huntsville.
Representatives.
Northern District .- Gabriel Moore, Hunts- ville.
Middle .- John McKee, Tuscaloosa.
Southern .- George W. Owen, Claiborne.
TWENTY-FIRST CONGRESS. Mar. 4, 1829-Mar. 3, 1831.
1st sess., Dec. 7, 1829-May 31, 1830. 2d sess., Dec. 6, 1830-Mar. 3, 1831. Special sess. of Senate, Mar. 4-17, 1829.
Senators. William R. King, Selma. John Mckinley, Florence.
Representatives.
Northern District. - Clement C. Clay, Huntsville.
Middle .- Robert E. B. Baylor, Tuscaloosa. Southern .- Dixon H. Lewis, Montgomery.
!
TWENTY-SECOND CONGRESS.
Mar. 4, -1831-Mar. 3, 1833.
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