Mr. Servant proposed the amendment offered and withdrawn by Mr. Reilley, Which was decided in the negative, Ayes 7, noes 28. Those voting in the affirmative are— Messrs. Browning, Butler, Edwards, Servant, Thomas, Vance, and Whiteside of Pope. In the negative, Messrs. Allen, of Greene, Allen of McLean, Borough, Craig, Hack-, elton, Hacker, Hamlin, Herndon, Lane, Maxwell, McLaughlin, Mills, Mitchell, Murray, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Stadden, Turney, Warren, Weatherford, Wight, Wood, and Mr. Speaker The question recurring upon the amendments proposed to the bill, It was decided in the affirmative Ayes 21, noes 16. Those voting in the affirmative are Messrs. Allen, of Greene, Bond, Borough, Craig, Hackelton, Hrendon, M'Laughlin, Murray, Noel, O'Rear,Owen, Parker, Parrish, Pruyne, Reilley, Ross, Stadden, Turney Warren, Weatherford, and Wight. In the negative Messrs. Allen, of McLean, Browning, Butler, Edwards, Hacker, Hamlin, Lane, Maxwell, Mills, Mitchell, Servant, Thomas, Vance, Whiteside, of Pope, Wood and Mr. Speaker. Mr. Maxwell, moved to amend the bill by striking out so much thereof as relates to Surrogates and Judges of Probate, Which was decided in the negative Ayes 15, noes 21. These voting in the affirmative are- Messrs. Allen, of McLean, Browning, Butler, Edwards, Hacker, Hamlin, Lane, Maxwell, Mills, Mitchell, Servant, Vance, Whiteside, of Pope, Wood and Mr. Speaker. In the negative Messrs. Allen, of Greene, Bond, Borrough, Craig, Hackelton, Herndon, McLaughlin, Murray, Noel, O'Rear, Owen, Parker, Pruyne, Reilley, Ross, Stadden, Thomas, Turney, Warren, Weatherford, and Wight. Mr. Parker moved that the bill be referred to a select committee, Which was not agreed to. On motion of Mr. Weatherford, The bill was referred to a select committee of five. Ordered, That Messrs. Weatherford, Ross, Hacker, Browning and Turney he that committee. Mr. Maxwell moved the adoption of the following resolution viz: Resolved, That the Public Printer be required to print 500 copies of the bill for an act for the distribution of the School and Seminary Fund among the several counties of this State, and to provide for the application of the interest to Common Schools and for other purposes. This day laid on the table, and Which lies one day on the table. The Senate adjourned. FRIDAY, January 27, 1837. The Senate met pursuant to adjournment. Mr. Weatherford introduced the petition of James Hobbs of Morgan county praying the passage of a law changing the name of a certain person therein named, Which was, on his motion, Referred to a select committee. Mr. Browning, from the committee on the judiciary which was instructed by resolution to inquire into the expediency of amending the probate law, Reported said resolution back, and Ordered, That Messrs. Weatherford, O'Rear, and Browning be that committee. Asked to be discharged from the further consideration of the subject. Which was done. Mr. Turney, from the committee on the judiciary, to which was referred the bill from the House of Representatives for forming an additional judicial district, Reported said bill back with an amendment Which was read, and concurred in, Ordered That the bill be read a third time as amended. Mr. Pruyne moved That the rule of the Senate be dispensed with, and the bill read a third time now by its title, Which was not agreed to. Mr. Turney, from the committee on the judiciary to which had been referred the engrossed bill providing for the payment of contractors on the Michigan and Illinois canal, Reported the same back with an amendment, Which was read, and On motion of Mr. Hackelton, Amended by inserting the word 'March,' after the word 'February,' On motion of Mr. Browning, The bill was further amended by adding thereto the following provi30, viz: Provided, That the payments to be made under the provisions of this bill shall not exceed the sum of fifteen thousand dollars. Mr. Maxwell moved Further to amend the bill by adding thereto the following proviso, viz: Provided Further that nothing herein contained shall authorize said engineer to act as commissioner, if canal commissioners should be appointed, and enter upon the discharge of their duties during said time;" and On motion of Mr. Weatherford, The bill and proposed amendment were Referred to a select committee. Ordered, That Messrs. Weatherford, Hackelton, and Pruyne be that committee. Mr. Hackelton, from the committee on enrolled bills, Reported as correctly enrolled bills of the following titles, viz: "An act to review and re-locate a state road from opposite Naples to Centerville in Adams county;" "An act to amend an act relating to the Gallatin Saline, and the lands belonging to the same-approved Jan. 16, 1836;" "An act to vacate part of a state road therein named;" "An act to incorporate the Kaskaskia Bridge Company;" "An act to locate a state road from Shelbyville in Shelby county to the county line of Fayette county;" and "An act declaring a road therein named a state road." Mr. Weatherford, from the select committee of five to which had been referred the bill from the House of Representatives providing for the election of clerks of County Commissioners' Courts, and other officers, Reported said bill back with an amendment, Which was read, and thereupon Mr. Mitchell moved That the further consideration of said bill and proposed amendments be indefinitely postponed, Which was decided in the negative, Ayes 11, noes 26. Those voting in the affirmative are— Messrs. Allen, of McLean, Bond, Browning, Edwards, Hamlin, Lane, Mitchell, Murray, O'Rear, Thomas, and Vance. In the negative Messrs. Allen, of Greene, Borrough, Butler, Craig, [Hackelton, Hacker, Herndon, Maxwell, McLaughlin, Mills, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Stadden, Turney, Warren, Weatherford, Whiteside, of Monroe, Whiteside, of Pope, Wight, and Wood. On motion of Mr. Browning, The proposed amendment was amended by striking out of the first section the word 'second,' and inserting in lieu thereof the word "fourth,' and by striking out of the same section the word 'two,' and inserting the word 'four' in lieu thereof. Mr. Servant moved That the proposed amendment be further amended by striking out so much thereof as relates to county treasurers, Which was not agreed to. Mr. O'Rear moved Further to amend the proposed amendment by adding to the first section thereof the following proviso, viz: Provided, That no person shall be eligible to the office of Clerk until he shall have obtained from some circuit judge of this state a certifi cate of his qualifications, Which was decided in the negative, Ayes 7, noes 29. Those voting in the affirmative are— Messrs. Allen, of McLean, Browning, Hamlin, O'Rear, Thomas, Vance, and Wight. In the negative Messrs. Allen, of Greene, Bond, Borrough, Butler, Craig, Edwards, Hacker, Herndon, Lane, Maxwell, McLaughlin, Mills, Mitchell, Murray, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Stadden, Turney, Warren, Weatherford, Whiteside, of Monroe, Whiteside, of Pope, and Wood." Mr. Reilley moved Further to amend the proposed amendment by adding the following thereto as an additional section, viz: "That the office of justice of the peace is hereby declared incompatible with the office of Clerk of the Circuit Court, and Clerks of Commissioners' Courts," Which was decided in the negative, Ayes 7, noes 30. Those voting in the affirmative are Messrs. Allen of McLean, Bond, Hamlin, O'Rear, Reilley, Servant, and Thomas. In the negative Messrs. Allen, of Greene, Borrough, Browning, Butler, Craig, Edwards, Hackelton, Hacker, Herndon, Lane, Maxwell, McLaughlin, Mills, Mitchell, Murray, Noel, Owen, Parker, Parrish, Pruyne, Ross, Stadden, Turney, Vance, Warren, Weatherford, Whiteside of Monroe, Whiteside, of Pope, Wight, and Wood. On motion of Mr. Hacker, The proposed amendment was further amended by adding to the 4th section the following proviso, viz: Provided, That the court may, for good cause, to be spread upon the record, remove the clerk and appoint another, who shall continue in office until his successor shall be elected and qualified," The ayes and noes being called for on this question, Those voting in the affirmative are Messrs. Allen, of McLean, Allen, of Greene, Bond, Borrough. Browning, Butler, Craig, Edwards, Hackelton, Hacker, Hamlin, Lane, Maxwell, McLaughlin, Mills, Mitchell, Murray, Noel, O'Rear, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Stadden, Thomas, Turney, Vance, Warren, Weatherford, Whiteside, of Monroe, Whiteside, of Pope, Wight, and Wood-34. Mr. Herndon voted in the negative-1. On motion of Mr. Owen, The proposed amendment was further amended by adding to the 4th section the following proviso, viz: "Provided, That, if the County Commissioners' Court, on settlement with the County Treasurer at any time, shall find him in default, they shall have power to remove said treasurer from office, and appoint another in his stead." The question recurring upon adopting the proposed amendment as amended, It was decided in the affirmative, Those voting in the affirmative are- Messrs. Allen, of Greene, Allen, of McLean, Bond, Borrough, Browning, Butler, Craig, Hackelton, Hacker, Herndon, Lane, Max. well, McLaughlin, Mills, Murray, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Stadden, Turney, Warren, Weatherford, Whiteside, of Pope, Wight, and Wood. In the negative— Messrs. Edwards, Hamlin, Mitchell, O'Rear, Thomas, and Vance. On motion of Mr. Пlacker, The bill was then referred to a select committee. Ordered, That Messrs. Hacker, Turney, and Parrish be that committee. Mr. Craig, on leave given, introduced a bill entitled "An act to incorporate the Hillsborough academy," Which was read, and Ordered To a second reading. Mr. Butler, on leave given, introduced a bill entitled "An act to amend an act entitled an act to create and organize the counties therein named," Which was read, and Ordered To a second reading. On motion of Mr. Butler, The rule of the Senate was dispensed with, and Said bill was read a second time by its title, and Referred to the committee on the judiciary. |