FRIDAY, Nov. 5, 1841, Prayer by the Chaplain. The journal of yesterday was read. Mr. Hatch, from the committee on Banks, to whom was referred the resolution, relative to the Bank of Bennington, reported the following resolution: Resolved, by the Senate and House of Representatives, That the Bank Commissioner be authorized and directed to make application, without delay, to the Court of Chancery, to appoint one, or more, persons, to be receivers of and for the Bank of Bennington, agreeably to the provisions of section 18 of chapter 79 of the Revised Statutes. Which resolution was read and passed. (H. 30.) A bill from the House of Representatives entitled "an act for surveying and ascertaining the boundary line between the counties of Bennington and Windham" was taken up, read twice, and referred to the Senators from Bennington and Windham counties, to consider and report. The Senate considered the amendments proposed by the House to the resolutions relative to the North Eastern Boundary, which are as follows: In the third resolution, to strike out the words "the greatest of," and insert the words "a great;" to strike out the letter "s" from the word "evils," and to strike out the words "all other means," and insert the words "such course;" and to add to the fourth resolution the words "and to each of our Senators and Representatives in Congress." Which proposed amendments were adopted in concurrence. A message from the House of Representatives, by Mr. Merrill, their Clerk: MR. PRESIDENT:-The House have passed a bill (H. 88) entitled "an act in addition to chapter 79 of the Revised Statutes," in which they request the concurrence of the Senate. (H. 88.) The Senate took up the bill from the House of Representatives entitled "an act in addition to chapter 79 of the Revised Statutes," and it was read twice, and referred to the committee on the Judiciary. The Senate took up the report and resolutions from the committee on Elections, relative to the right of the Hon. Mr. Howe to a seat in the Senate, which were made the order of the day for this morning, Mr. Dana offered the following resolutions: Whereas, a memorial has been presented to the Senate, signed by Moody Rich, in which the memorialist claims the seat of the Hon. Stephen Howe, the Senator from Essex County; and whereas it is not alleged by the said memorialist, nor does it appear in evidence, that any notice has been served on the said sitting member by the said Rich, or by any other person acting in his name, that the election of the said sitting member was to be contested by the said Moody Rich:-Therefore, Resolved, That the Hon. Stephen Howe, the sitting member from the county of Essex, is entitled to a seat. Resolved, That the memorial of the said Moody Rich, and all other memorials in relation to the claim of the said Moody Rich, to the seat now occupied by the said sitting member for the county of Essex, be dismissed. The said resolutions were laid upon the table. Mr. Clark moved that the report and resolutions of the committee on Elections, be laid on the table, and on that question, The yeas and nays having been demanded by Mr. Blodgett, were as follows: Those Senators who voted in the affirmative, are: Messrs. Barrett, Clark, Crawford, Dana, Dean, Eaton of Franklin, French, Gilson, Norton, Palmer, Russell and Wheelock,-12. Those Senators who voted in the negative, are: Messrs. Bartlett, Blodgett, Bottum, Dillingham, Eaton of Washington, Fisk, Hatch, Hemenway, Sabin, Sheldon, Sowles, Stevens and Wooster13. So the question was decided in the negative. And pending the question on the adoption of the report and resolutions of the committee on Elections, On motion of Mr. Hemenway, The Senate adjourned. AFTERNOON. (H. 88.) Mr. Dillingham, from the committee on the Judiciary, to whom was referred the bill from the House of Representatives entitled "an act in addition to chapter 79 of the Revised Statutes," reported the same, with a proposal to amend, by inserting in the first line of section 1, after the words, "shall expire," the words, "or shall have expired." Which amendment was adopted, and The bill, by unanimous consent, was read the third time and passed in concurrence. Mr. Eaton of Franklin introduced the following resolution: Resolved, That the Secretary of the Senate be directed to pay over to Daniel W. Aiken, late holding a seat in this body, as senator from Caledonia county, his debenture, from the commencement of the present session of the legislature, to the time when his seat was vacated in the Senate. Which resolution was read and passed. A message from the House of Representatives, by Mr. Merrill, their Clerk: MR. PRESIDENT: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate: (H.79.) "An act to pay William A. Griswold the sum therein mentioned." (H, 90.) "An act authorizing the Treasurer to borrow the sum therein mentioned." (H. 91.) “An act assessing a tax for the support of government." (H. 92.) "An act making appropriations for the support of government.' (H. 93.) "An act to pay Noble Lovely & Co. the sum therein men tioned." H. 95.) "An act altering the names of certain persons," and (H. 96.) “An act to pay Lyman & King the sum therein mentioned." (H. 88.) The House concur with the Senate in their amendment to the bill entitled "an act in addition to chapter 79 of the Revised Statutes." The House have passed a resolution directing the collection of the school fund, in which they request the concurrence of the Senate. The Senate resumed consideration of the report and resolutions from the committee of Elections, declaring Mr. Howe not entitled to a seat in the Senate, and without taking any action on the same, they were continued as the order of the day. Mr. Wheelock, from the committee on Bills, made the following report: The committee on Bills report that they have, this day, delivered to the Governor for his approval and signature, a bill of the following title, viz.: (H. 88.) "An act in addition to chapter 79 of the Revised Statutes." E. WHEELOCK, for Committee. The following bills from the House of Representatives, were taken up, read the first and second times, and severally referred, as follows: (H.79.) "An act to pay William A. Griswold the sum therein mentioned," (H. 96.) "An act to pay Lyman & King the sum therein mentioned," (H. 93.) An act to pay Noble Lovely & Co. the sum therein mentioned," to the committee on Claims. 66 ('4. 92.) “An act making appropriations for the support of government,' (H. 91.) "An act assessing a tax for the support of government,” and (H. 90.) “An act authorizing the treasurer to borrow the sum therein mentioned," to the committee on Finance. (H. 95.) "An act altering the names of certain persons," to the committee on the Judiciary. (S. 11.) Mr. Eaton of Franklin moved to reconsider the vote taken yesterday on the final passage of the bill entitled "an act to pay Rufus Campbell the sum therein mentioned," and on his motion, the said motion to reconsider was laid on the table. On motion of Mr. Wooster, The Senate adjourned. SATURDAY, Nov. 6, 1841. Prayer by the Chaplain. The journal of yesterday was read. (S. 38.) Mr. Blodgett, from the committee of the two houses, to whom was referred the resolution of inquiry into the condition of the State K Library; certain documents from the committee on the Maryland State Library; also, resolutions from the General Assembly of Alabama, and, also, the memorial of Alexander Vattemare, soliciting the exchange of reports &c., reported a bill entitled “an act relating to the State Library," which was read twice, and, Ordered to be engrossed and read the third time. The Senate considered the following resolutions from the House of Representatives: Resolved, by the Senate and House of Representatives, That the commissioner of the school fund be directed to collect the demands which are due from the several individuals to said fund; and, if any individual shall neglect, for the space of six months, to pay one fourth part of what he may be owing to said fund, and one fourth in every six months thereafter, until all is paid, it shall be the duty of said commissioner to enforce the collection of the same by due process of law. Resolved, further, That the state treasurer be directed to pay all the debts against the state (except what is due to the school fund,) as soon as consistent; and to borrow from the school fund, whatever may be necessary for that purpose, and that no part of the school fund shall be re-loaned to individuals, while the state may be owing to individuals, or corporations. Mr. Crawford moved to amend the same, by adding, after the first resolution, the following: "Provided, nothing herein contained shall be construed to authorize the commissioner to delay the collection of any demand, if, thereby, the security may be impaired, or the final collection hazarded, or where there is any present doubt of the security." And the amendment was adopted, and the resolutions, as amended, passed in concurrence. A message from the House of Representatives by Mr. Merrill, their Clerk: MR. PRESIDENT: The House concur with the Senate in passing bills of the following titles: (S. 9.) "An act in addition to chapter 41st of the Revised Statutes," and (S. 19.) "An act to amend the 28th chapter of the Revised Statutes." The House concur with the Senate in passing a resolution relating to the Bank of Bennington. The House have passed bills of the following titles, in which they request the concurrence of the Senate: (H. 97.) "An act in amendment of section 63 of chapter 28 of the Revised Statutes," and (H. 98.) "An act laying a tax on lands in Charleston." The Governor has announced to the House that he did, on the 5th inst., approve and sign a bill (H. 88) entitled "an act in alteration of chapter 79 of the Revised Statutes." The Senate resumed the consideration of the unfinished business of yesterday, being the report and resolutions of the committee on Elections, relative to the right of the Hon. Stephen Howe, to a seat as a Senator from Essex, and before any question was taken thereon, On motion of Mr. Dillingham, The Senate adjourned. AFTERNOON. (S. 35.) The Senate took up the engrossed bill entitled. "an act in alteration of chapter 43 of the Revised Statutes," and it was Read the third time and passed. (H. 98.) A bill from the House of Representatives, entitled "an act laying a tax on the lands in Charleston," was taken up, read the first and second times, and referred to the committee on Land Taxes. (H, 95.) Mr. Wooster, from the committee on the Judiciary, to whom was referred the bill from the House of Representatives, entitled "an act altering the names of certain persons," reported the same, without amendment, and it was read the third time, and passed in concurrence. an act in (H. 97.) The bill from the House of Representatives, entitled " amendment of section 63 of chapter 28 of the Revised Statutes," was taken up by the Senate, read twice, and referred to the committee on the Judiciary. Mr. Sowles, from the special committee, to whom was referred so much of the Governor's message as relates to the abduction of James W. Groghan, made a report, concluding with the recommendation that no legislation be had on the subject. The Senate took up the unfinished business, it being the report and resolutions of the committee of Elections, relative to the right of Hon. Mr. Howe to a seat in the Senate. And the questions being on the adoption of the said resolutions, The first resolution is as follows: Resolved, That the Hon. Stephen Howe, now holding a seat in the Senate as a senator from the county of Essex, not having received a majority of the votes of the freemen of said county, is not entitled to his seat. And on this resolution the yeas and nays were as follows: Those Senators who voted in the affirmative, are: Messrs. Barrett, Bartlett, Blodgett, Crawford, Dillingham, Eaton of Washington, Fisk Hatch, Hemenway, Sabin, Sheldon, Sowles, Stevens, Wheelock and Wooster-15. Those Senators who voted in the negative, are: Messrs. Bottum, Clark, Dana, Dean, French, Gilson, Norton, Palmer, and Russell,-9. So the resolution was passed. The second resolution is as follows: Resolved, That the Hon. Moody Rich, having received a majority of the votes of the freemen of the county of Essex, is entitled to a seat in the Senate as senator from said county. And on this resolution, the yeas and nays were as follows Those Senators who voted in the affirmative, are: |