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ner, it would be no more than a lawsul exercise of his rights, to recall such resignation, at any time before steps had been taken to fill the seat. But whether the undersigned are correct in this view or not, they conceive that it is unnecessary for the purpose of properly disposing of this case, to decide that question, as they are of the opinion, that although the law of the Territory is somewhat vague and uncertain as to the proper mode of resigning the place of a member of the Legislative Assembly, yet that Mr. Parmelee has not in this case made such a resignation of his place, or to such an officer, as the law contemplates; and that his seat has never been vacated and is not now. The same view of the case appears to have been taken by the officers whose duty it is to notify elections to fill vacancies, and by the people of the county of Racine, who have never yet attempted to fill the vacancy alleged to have been made: And if there was any doubt upon the subject, the undersigned would feel it their duty to dispose of such doubt, in such a manner as would give to the people a representative, which can only be done, by confirming Mr. Parmelee in his seat. The undersigned cannot therefore concur with the majority of the committee, in recommending the adoption of the resolution reported by them, but would recommend that the same be amended by striking out all after the word “ Resolved,” and inserting in lieu thereof, the following words, to wit:

“ That Thomas E. Parmelee is entitled to a seat in this House as a member from the county of Racine.” All of which is respecifully submitted.

D. M. PARISON,

JOSEPH BOND. On motion of Mr. Hackett, The House proceeded to consider the majority and minority reports of the committee on privilege and elections in relation to the contested seat from Racine county, when

Mr. Parkison moved a call of the House, which was made and the Sergeant-at-Arms sent after Mr. Whiton, who was not in his seat.

Mr. Whiton having appeared, the reports were read, when
Mr. Barber offered the following resolution:
Resolved, That Elisha S. Sill be permitted to be heard before the

House upon any question in reference to the contested seat now occupied by Thomas E. Parmelee, from the county of Racine.

Mr. Ellis moved to amend the resolution by inserting after the word “heard,” the following words, “ by himself or counsel;"> which was disagreed to.

The question then recurred on the adoption of the resolution; which was decided in the affirmative.

The question was then stated to be on the amendment proposed by the minority report, to wit: strike out all after the word “Resolved,” and insert the following words:

" That Thomas E. Parmelee is entitled to a seat in this House as a member from the county of Racine.”

Mr. Ellis moved that the further proceedings relative to the contested seat now pending, be postponed, and that the reports and questions submitted, be made the special order of the day for Monday next; which was decided in the negative. .

The question then recurred on the amendment submitted in the report of the minority of the committee, and being put, it passed in the negative, ayes 5, noes 19. Mr. Parmelee having been excused from voting.

And the ayes and noes naving been called for by Mr. Giddings, Those who voted in the affirmative, are Messrs. Bond, Brunson, Ogden, Parkison, and Whiton. Those who voted in the negative, are Messrs. Barber, Batchelder, Brazelton, Brown, Burt, Darling, Eastman, Ellis, Giddings, Gray, Hackett, Jenkins, Mills, Ray, Rockwell, Shepard, Sutherland, Tripp, and Newland, speaker.

The question was then stated to be on the adoption of the following resolution, reported by the majority of the committee on elections.

Resolved, That the Hon. Thomas E. Parmelee is not entitled to a seat in this House, and that the seat now occupied by said Parmelee, be declared vacant.

Mr. Barber moved the following amendment to the resolution: Strike out all after the word resolved, and insert the following words:

“That the Hon. Thomas E. Parmelee is not entitled to a seat in this House."

And the question being taken on the amendment, it was decided in the negative, ayes 12, noes 12.

And the ayes and noes having been called for by Mr. Parkison, Those who voted in the affirmative are, Messrs. Barber, Batchelder, Brazelton, Brown, Burt, Darling, Ellis, Gray, Jenkins, Mills, Shepard, and Tripp, 12.

Those who voted in the negative are,

Messrs. Bond, Brunson, Eastman, Giddings, Hackett, Ogden, Parkison, Ray, Rockwell, Sutherland, Whiton, and Newland, speaker,12.

The question was then stated to be on the original resolution, when Mr. Hackett moved that the House take a recess until 2 o'clock P. M.

And pending the question thereon,
Mr. Ellis moved that the House do now adjourn.

Which latter motion having precedence was first put, and decided in the negative.

The question was then taken on the motion of Mr. Hackett, and it was determined in the negative by the casting vote of the speaker.

Mr. Ray then moved to adjourn until half past 2 o'clock, P. M.; which was agreed to, ayes 12, noes 10. So the House adjourned until half past 2 o'clock, P. M.

HALF PAST 2 O'CLOCK, P. M. Mr. Barber, by leave, introduced the undermentioned bills, to wit:

No. 13. “A bill to establish an additional place of holding elections in the town of Bark river, in the county of Jefferson.”

No. 14. “A bill to change the name of the town of Watertown in the county of Jesferson.”

Which were read the first and second times.

The Speaker laid before the House the message of the President of the United States, with the accompanying documents; which were laid on the table.

The House then took up the reports of the committee on Privilege and Elections, in relation to the contested seat from Racine county.

Mr. Parkison moved a call of the House which was made, and the sergeant-at-arms sent to procure the attendance of Mr. Whiton, who was absent from his seat.

Mr. Whiton having appeared.

The Speaker stated that he would submit the question to the House whether the House had not by its two votes taken this morning, declared Mr. Parmelee's seat vacated.

Mr. Ellis moved the whole snbject be laid on the table for the present, to enable him to offer a resolution, which was agreed to. Mr. Ellis then submitted the following resolution:

Resolved, That the decision of the Speaker on the vote taken this morning, in relation to the seat occupied by Thomas E. Parmelee, stands as the decision of this House.

Mr. Giddings offered the following amendment:

Strike out out all after the word “resolved,” and insert “ that Thomas E. Parmelee having resigned, is not entitled to a seat in this House as a representative from the county of Racine.

Mr. Ellis then, by leave of the House, withdrew the resolution offered by him.

Mr. Jenkins moved a reconsideration of the vote taken this morning, by which the proposition that Thomas E. Parmelee is entitled to a seat as member from Racine county was negatived.

And the question being taken thereon,
It was determined in the affirmative.
And the ayes and noes having been called for by Mr. Brown,
Those who voted in the affirmative are,

Messrs. Batchelder, Bond, Brazelton, Brunson, Eastman, Ellis, Hackett, Jenkins, Ogden, Parkison, Whiton, and Newland, speaker. -12.

Those who voted in the negative are, Messrs. Barber, Brown, Burt, Darling, Giddings, Gray, Mills, Ray, Rockwell, Shepard, and Tripp.-11.

So the vote was reconsidered.

The question was then stated to be on the amendment proposed by the minority of the committee on elections, when Mr. Barber moved an amendment to the amendment as follows:

Strike out all after the word “resolved,” and insert “ that Thomas E. Parmelee has resigned his seat in this House, and that thereby said seat become vacant."

And pending the question thereon, the testimony and papers relative to the contested seat, were read at the request of several members,

When a motion was made by Mr. Whiton, that the House do now adjourn,

And decided in the negative.

The question was then taken on the amendment to the amendment offered by Mr. Barber, and determined in the affirmative, ayes 19, noes 5.

And the ayes and noes having been called for by Mr. Brown,
Those who voted in the affirmative are,
Messrs. Barber, Batchelder, Brown, Burt, Darling, Eastman, Ellis,
Giddings, Gray, Hackett, Jenkins, Mills, Ray, Rockwell, Shepard,
Sutherland, Tripp, and Newland, speaker.-19.

Those who voted in the negative are,
Messrs. Bond, Brunson, Ogden, Parkison, and Whiton.-5.

The question then recurred on agreeing to the amendment as
amended, and was determined in the affirmative; ayes 18, noes 6.
And the ayes and noes having been called for,
Those who voted in the affirmative, are,

Messrs. Barber, Batchelder, Brazelton, Brown, Burt, Darling, Ellis, Eastman, Giddings, Gray, Jenkins, Mills, Ray, Rockwell, Shepard, Sutherland, Tripp, and Newland, speaker.-18.

Those who voted in the negative, are,
Messrs. Bond, Brunson, Hackett, Ogden, Parkison, and Whiton.—6.

The question then recurred on adopting the original resolution as amended, (which is as follows:

Resolved, That Thomas E. Parmelee has resigned his seat in this House, and that thereby said seat become vacant.)

Which was determined in the affirmative; ayes 19, noes 5.
And the ayes and noes having been called for,
Those who voted in the affirmative, are,

Messrs. Barber, Batchelder, Brazelton, Brown, Burt, Darling, Eastman, Ellis, Giddings, Gray, Hackett, Jenkins, Mills, Ray, Rockwell, Shepard, Sutherland, Tripp, and Newland, speaker.-19

Those who voted in the negative, are,
Messrs. Bond, Brunson, Ogden, Parkison, and Whiten.-5.

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