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No. 3, entitled “ A bill concerning taxes ia lowa county for the year 1840,” Mr. Cruson in the chair.
After some time spent therein the committee rose and reported the said bill without amendment.
The bill was, on motion of Mr. Jenkins, laid on the table until to.morrow.
On motion of Mr. Cruson, Ordered, That the fifteenth rule of this House be suspended for the purpose of enabling him to introduce a bill without giving one day's notice.
Mr. Cruson then by leave introduced bill No. 6, entitled “A bill to amend an act entitled an act to provide for the support of common schools and for other
purposes ;' Which was read the first and second time.
Mr. Childs, from the select committee to which the subject was referred, by leave made the following report :
The commiitee to whom was referred an article in the Miner's Free Press, of Aug. 4, 1840, entitled “A beau:iful chapter of Dotyism," in which the honor of the Legislature and the official character of the Hon. Barlow Shackelford, one of its members, were directly assailed, would submit the following report:
Your committee are of opinion that it would be inexpedient for this House to take any notice of the wholesale charges made in the article referred to, against the Legislature, as a body, both on account of the source whence they emanated, as well as the fact that such charges have their due weight with a people who observe and think for themselves. Nor would your committee recom. mend
any action on the part of this House which could be constru. ed in any manner as abridging the liberty of the press.
But the charge made against Mr. Shackelford, as a member of this House, is so direct, and of such a character, that your com. mittee considered an investigation demanded--that if the charge proved true, the House might be purged of a member so unworthy of it--if untrue, that his character as a member of this House, as a man, might be sustained.
The charge preferred in the Free Press is, the mutilation of a “ bill to amend an act of the s:atutes of 1839, entitled an act concerning the Supreme and District Courts.'»
It appears that this act was passed without any enacting clause, and Mr. Shackelford is charged with mutilatiog the bill because he was chairman of this enrolling committee.
On such slight grounds, rests the charge. Now it appears from the original bill, in possession of the House, that it had no enacting clause, previously to its enrollment. The charge of mutilation is therefore disproved—for no mutilation took place at any time.So unusual and unprecedented is it that a bill should pass through a committee of the whole House, without an enacting clause, that it is not at all strange that the error was not perceived by the chairman of the enrolling committee. His attention is naturally more directed to the body of the bill, in which errors, if there bio any, are usually discovered. The Honorable member is, there. fore, not only acquitted of the charge preferred against him, but, as your committee believe, he discharged his duties faithfully, and to the best of his ability.
Allusion is also made in the article which appeared in the Free Press, to the disappearance of a petition from the House, and the charge of stealing it from the House is made against a certain party. It may not be improper to state, though the charge impli. cates no one in direct terms, that the petition referred to was mislaid by a member of your committee, than whom no one more regretted its loss. It is due to those who opposed the object of the petition to state thus much.
Your committee would beg leave to offer the following resolu. tions for the consideration of the House.
Resolved, That the attack made on the character of the Hon. Barlow Shackelford, a member of this House, in an article of the Miner's Free Press, of August 4, 1840, entitled " A beautiful
chapter of Dotyism," is not only scurrilous and abusive, but, as we believe, the charges made are totally devoid of truth.
Resolved, That in every relation which the Hon. Barlow Shack. elford has sustained towards this House, we have uniformly found him frank and honorable, and that we have the fullest confidence in his integrity both as'a man and as a member of this House.
E. CHILDS, Chairman.
AUGUSTUS STORY. Mr. Bracken moved that the report be accepted, spread upon the journal of this House, and the committee discharged.
Mr. Jenkins moved to amend the report of the committee as follows:
Strike out the words “both on account of the source whence they emanated as well as the fact," and insert in lieu thereof "on the ground."
Mr. Bracken moved a call of the House, and that absent mem. bers be sent for;
Which was agreed to.
A call of the House was then made and the Sergeant-at-Arms sent after absent members.
The Sergeant-at-Arms having reported the attendance of the members reported to be absent, the question was put on the motion of Mr. Jenkins, to amend the report; and the ayes and noes being called for by Mr. Shew, were as follows:
Ayes--Messrs. Billings, Brunson, Conroe, Hoyt, Jenkins and Newman-6.
Noes-Messrs. Beardsley, Bracken, Childs, Craig, Cruson, Longstreet, McGregor, Ray, Shew, Sholes, Stevens, Story, Street, Sutherland, Wells, Whiton and Dewey, speaker-17.
So the House refused to adopt the amendment.
Strike out the words “ both on account of the source whence they emanated," and insert in lieu thereof the words for the reason that the charges appeared in a political newspaper."
Mr. Shew called for a division of the question ; and it was first taken on striking out the words above mentioned, and decided in the negative.
The ayes and noes having been called for, were as follows:
Ayes-Messrs. Billings, Hoyt, Jenkins, Newman, Sholes, Ste. vens and Whiton--7.
Noes--Messrs. Beardsley, Bracken, Brunson, Childs, Conroe, Craig, Cruson, Dewey, Longstreet, McGregor, Ray, Shew, Story, Street, Sutherland and Wells--16,
Mr. Wells moved to amend the motion made by Mr. Bracken, as follows: "and that 1,000 copies of the report be printed ;"
Which was agreed to.
The ques.ion was then taken on the said motion and was deter. mined in the affirmative.
So the report was accepted.
Mr. Beardsley gave notice that on a future day he should, by leave, introduce a bill to divide the town of Elk Horn.
Mr. Childs moved to adjourn until 3 o'clock, P. M.
Mr. Bracken moved to amend the motion as follows: "that the House do now adjourn;"
Which was disagreed to.
3 O'CLOCK, P. M.
On motion of Mr. Childs, The report and resolution made by the select committee relating to the petition of James G. Edwards, in the morning, were referred to the committee on expenses.
Mr. Conrae, from the committee on engrossed bills, reported bill No. 1 to be correctly engrossed, entitled “A bill to amend an act of the statutes of 1839, entitled an act concerning the Supreme and District Courts."
The Secretary of the Council being introduced, delivered the following message:
"Mr. Speaker--The Council have passed bills as foliows, in which the concurrence of this House is requested, viz:
“No. 1. A bill concerning the Supreme and District Courts, and
“ No. 3. A bill to apportion the members of the House of Representatives to the several counties of the Territory.”
Engrossed bill No. 1, entitled “A bill to amend an act of the statutes of 1839, entitled an act concerning the Supreme and District Courts,'” was taken up, and on motion of Mr. Whiton, was ordered to lie on the table.
On motion of Mr. Billings, The undermentioned bills from the Council were read the first and second time, viz:
No. 1. A bill concerning the Supreme and District Courts ;
No. 3. A bill to apportion the members of the House of Rep. resentatives to the several counties of the Territory.
On motion of Mr. Childs, The House resolved itself into committee of the whole on bill No. 5, entitled “A bill to attach the county of Portage to the county of Dane,” Mr. Street in the chair.
After a short time spent therein the committee rose and reported the bill without amendment;
Which was ordered to be engrossed for the third reading.
Mr. Sholes presented several accounts of William T. Sterling, Territorial Librarian, for stationery, &c;
Which were referred to the Committee on Claims.
The House then, on motion, resolved itself into the committee of the whole, on bill No. 4, entitled “A bill relative to the bank of Mineral Point," Mr. Whiton in the chair.
After a short time spent therein the committee rose, reported progress
and asked leave to sii again ; Which was granted.
On motion of Mr. Sholes, Ordered, That bill No. 3, (C. F.) entitled “A bill to apportion the members of the House of Representatives to the several coun.