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said petition back to the House, and requested that it be re. ferred to the committee on corporations, which was so referred.
Mr. Long, from the committee on eprolled bills, reported that the committee had presented to the Governor for his approval, on the 7th inst. resolution No. 3, entitled “ Resolution to au. iborize the purchase of stationery.”
Petitions were presented and referred as follows:
By Mr. Bartlett, of inhabitants of Walworth county, praying for a revision of the school law.
Referred to the committee on schools.
By Mr. Bartlett, of inhabitants of the town of Walworth, pray. ing for a devision of said town.
Referred to the committee on corporations.
Mr. Hamilton offered the following resolutions, which were adopted, viz:
Resolved, The Council concurring herein, that a joint com. mittee of three from each House be appointed to revise the joint rules for the government of both Houses.
Resolved, That the committee on roads be instructed to bring in a bill to amend an act entitled “ an act for opening and repairing or vacating public roads or highways," so as to compel the supervisors to have all the work on the roads in their res. pective districts completed before the first day of November, in each year, and one half of the same by the first day of June.
Mr. Platt gave notice that he should on some future day, ask leave to bring in a bill concerning road taxes, and a bill concern iog justices of the peace.
Agreeably to notice previously given, and by leave, Mr. Platt introduced bill No. 2, entitled a bill supplementary to an act to amend an act for assessing and collecting county revenue.
Which was read the first and second times, and
Resolution relative to the law relating to town and county government was taken up, and
On motion of Mr. Capron, was again
Mr. Hamilton gave notice that on some future day he should ask leave to introduce bills as follows:
"A bill to amend an act entitled an act to rugulate taverns and groceries.”
“ A bill to provide for the formation of a state government in a certain event."
The Speaker laid before the House a communication from the Chief Clerk enclosing a communication form J. & L. Ward, relative to stationery. Which were read and ordered to lie on the table.
The Speaker also laid before the House a communication from Elisha Starr, relative to printing.
Which was read and ordered to lie on the table,
Mr. Darling, from the select committee to which was refer. red the Governor's message, made the following report :
The undersigned select committee to which was referred the message of the Governor in relation to an alledged discrepency of statement between His Excellency and the committee who were appointed to wait upon him, respectfully report :
That they have attended to the duty assigned them, and care. fully examined the message of his Excellency and considered the staternents of the committee. They can not entertain the idea, that his Excellency would intentionally, in his official ca. pacity, make a false statement in relation to a fact, which must necessarily be exposed almost as soon as asserted; neither could they for a moment have enteriained a suspicion that the Hon. committre who were appointed to perform that duty cven with. out the solemn assertion of that committee to the contrary, made in their places on this floor could have so far transcended their duty as to have conveyed a communication to his Excellency which they had been forbidden to do by an almost unanimous vote of this House.
Under these circumstances the committee deemed it neces. sary to give the most careful consideration to the subject, and bave arrived at the following conclusion, that the apparent dis. crepancy must have arisen from an error of punctuation in the reading of the message by the clerk. The following is the pas. sage of the message to which exceptions have been taken. “I therefere mcet you on this occasion, being informed by your committee that the two Houses are now convened, for the pur. pose of holding a special session.” The idea intended to be con. veyed by his Excellency in this passage might have been that the committee merely communicated the fact that the two Houses are now convened, and that “he” therefore met them for the purpose of holding a special session. Some of your committee believe that the passage, as it is punctuated, with a comma placed after the word "convened” most naturally leaves such a construction. But if so it is apparent that without par. ticular care in the reading, a different impression might be con. veyed-and to this the committee believe may be attributed tho misapprehension of the intended meaning of the passage.
Your committec are forced to this conclusion from the fact that the message of the committee was made in the preciso language of the resolution and only communicated the information, that "quorums of the two Houses were assembled,” &c., without saying whether they had met according to adjournment, or in accordance with his proclamation, the House only deeming it necessory to inform the Governor that they were in ses. sion and furthermore, from the fact that the Governor must have known that the Assembly adjourned from the 6th day of February to meet again on the 6:h day of March, at a previous hour than the one named in the proclamation and consequently
had not met under that proclamation. From all the facts they are constrained to believe that though the language may be con. sidered equivocal, his Excellency could not have intended the discrepant statement which has been made the object of this in. vestigation. All which is respectfully submitted.
M. C. DARLING, )
The said report having been read, Mr. Palmer moved that it be received and the committee discharged,
And pending the question thereon, Mr. Thompson moved that the report be laid on the table. Which was agreed to. And the ayes and noes being called for, Those who voted in the affirmative, aro Messrs. Crossman, Darling, Elmore, Hamilton Hicks, Hun. kins, Long, Manahan, Masters, Parsons, Platt,'Thompson, Tripp, and Ellis (Speaker.)--14.
Those who voted in the negative, are Messrs. Bartlett, Capron, Hopkins, Judson, Meeker, Olin, Palmer, Price, Trowbridge, Van Vleet and Walker-11.
Mr. Darling, in accordance with previous notice, and by leave given, introduced bill No. 3, entitled "a bill to amend an act entitled an act to authorize Webster Stanley to maintain a ferry across Fox river; approved February 18, 1842." Which was read the first and second times.
On motion of Mr. Olin, The communication from the Chief Clerk, enclosing a com. munication from J. &. L. Ward, relative to stationery, was ta. ked up.
A message from the Council by their Secretary :
" Mr Speaker-I am directed to inforin this House that the Council have this day passed joint resolution relative to lown
government, in which the concurrence of this House is asked.”
On motion of Mr. Hamilton,
Ordered, That said communication relative to stationery, lie on the table until the 6th day of March next.
Resolution from the Council entitled “ Joint resolution rela. tive to the committee rooms for the Legislative Assembly was read and adopted.
Ordered, That the Council be acquainted there witb.
Resolution No. 2, from the Council, entitled “ joint resolution relative to town government,” was read when
On motion of Mr. Hamilton,
The House resolved itself into the committee of the whole House, Mr. 'Tripp in the chair, having the above resolution un. der consideration.
Pending the report of the committee, the Secretary of the Council was announced, when the Speaker took the chair and the following message was received:
* Mr. Speaker-I am directed to inform this House that the Council have concurred in resolution of this House relative :o a revision of the joint rules, and have appointed Messrs. Barber, Rountree, and Newland, of the committee on their part.”
The committee of the whole again resumed its session, and af. ter some time spent therein, rose, reported progress, and asked leave to sit again. Which was granted.
The Speaker announced the following as the committee on the part of the House, to revise the joint standing rules of the two Houses, viz: Messrs. Hamilton, Elmore and Manahan.
Ordered, That the Council be acquainted therewith.