Mr. UPSON. On the 6th of December last, this Hone by resolution directed that “ the certificates and all other papers relating to the election in the 16th congressional district of Pennsylvania, be referred to the ComElections, when appointed, with instructions to report at as early a day as practicable which of the rival claimants to the vacant seat from that district has the primafacie right thereto, reserving to the other party the privilege of contesting the case n on the merits without prejudice from lapse o time or want of notice.” In pursuance of that direction the majoriof the committee in this case have made their report. By an investigation of this resolution by the House, which will be found on page 73 of the report, and the accompanying exhibits, it will be seen that there is no person now occupying that seat, but that the seat is vacant: The reason or excuse for that will be found in an extract from the Governors proclamation, which will be found on page 23 of this report, in which, after enumerating the various persons who have been elected from the various istnotl 888 February 16, of Pennsylvania, the Governor says, in regard to the 16th district: "And I do further declare that no such returnspf the election in the 16th congressional district have been sont to the secretaryof the Commonwealth as would, under the act. of Asscinblyof 2d July. A. D. 1839, authorise me to proclaim the nninc of any por long as having been returned as duly elected a member of the HoRep of the U.S. for that district.” The Clerk of this House consequently had the name of no person asltcpresenmtiveclect from that district to enter upon the roll of Representntives at the opening of this session and as no person is occupying the seat, of course no person could appear regularly as a contest: out for it and by the direction given to the ComElections by the resolution of the House, they were instructed to ascertain and declare who had the primafacie right to the seat, so that the other party claiming the seat, if there were another, might be allowed to come forward and contest it. The committee having examined the subject, have reported in favor of Alexander H. Cof froth as iiaving the primafacic right to the seat. The reasons therefor are stated in the report of the majority of the committee. But I will briefly go over those reasons, and refer to some of the papers upon which the conclusion of the committee is founded. The Governors proclamation, as it will be seen, would be the 1st evidence of the right to the seat. But by examining an extract from the laws of Pennsylvania, which is found on page 23 of the report, paragraph fort 2, it will be found that after the returns mm the various districts have been made to the Secretary of the Commonwealth “It shall be the dut of the Governor, on the receipt. of the returnso the election of members of the HoRepof the U.S. as aforesaid by the secretaryof the commonwealth. to declare, by (proclamation. the namesof the persons so returne as electedin the respectivedistricts; and he shall also, as soon as conveniently may be thereafter, transmit the returns somadeto the HoRepof the U.S. ” In pursuance of that law, which I notice has been perhaps inadvertently omitted in this connection by the minority of the committee in their regort, the secretary of the Commonwealth not only transmits the proclamation of the Governor, but also the returns that have been made to him from that district, to the Clerk of this House, so as to be before the House.