Mr. Shurtz, from the committee on roads and bridges, made the following report, which was accepted: The committee on roads and bridges, to whom was referred the memorial of the citizens of Niles, in the county of Berrien, praying for the alteration of the eighth section of the act incorporating said village, respectfully report, that they have had the same under consideration, and while they acknowledge the evil complained of by the petitioners, to exist, they are still of the opinion that legislative action, in accordance with the prayer of the petition, cannot consistently be had at this time. Under the provision of the revised statutes which requires such petitioners to give at least thirty days' notice of such petition, (as your committee are informed, has not been compli ed with.) While your committee entertain this view, they feel constrained, under the circumstances of the case, to report adversely to the petition, but are, nevertheless, of the opinion, that sound policy and equal justice would dictate that every class of citizens, of whatever occupation or profession, naturally look with confidence to the government they support, for protection of their rights and the encouragement due to industry and equal rights; which confidence should never be aisplaced, and it is only when public good imperiously demands it. While your committee are giving these views, when such sacrifices are necessary, your committee indulge the hope that the future policy of the state in regard to its chartered privilege may be such as all shall concur in its justice, and have no cause of complaint from any portion of our fellow citizens. All of which is respectfully submitted by your committee. Mr. Rix, from the committee on the militia, made the following report, which was accepted and the committee discharged: The committee on the militia, to whom was referred the petition of Capt. I. S. Love and others, composing a volunteer company in the militia of this state, known as the Napoleon artillery, praying that the sum of twenty-one dollars, paid by them for the transportation, on the Central railroad, of a picce of artillery belonging to the state, may be refunded, respectfully report: That, having given the subject due consideration, they have arrived at the conclusion that, although they believe it to be just that every reasonable facility should be afforded by the state to the uniformed companies, both by way of transportation of their arms and of them selves, on the railroads belonging to the state, to and from all regular encampments intended for their improvement in discipline; and, also, that all arms belonging to the state, consigned to the charge of companies or officers, should be transported at the expense of the state to the several posts or armories;-yet they are unwilling to recommend the example of retrospective legislation, especially in an instance like the one in question, when the party in charge of the property received it on their own application, and with the knowledge that they were to defray the expense of transportation. The allowance of the claim m'ght lead to others of a similar na. ture, and occupy more time and expense in legislating upon their merits than the value even of the property in question. But, to prevent the necessity of a recurrence of this character, and render but an act of justice to the patriotism of those who volunteer, uniform and devote a portion of their time in perfecting themselves in the art of war, for the protection and defence of the commonwealth, and at their own expense, the committee will, at a future day, introduce a bill to facilitate the movements of the respective uniformed volunteer corps of the militia of this state, which shall embrace a remedy for this and other causes of complaint. And the committee ask to be discharged from the further consideration of said petition. The following message was received from the executive: To the House of Representatives: EXECUTIVE OFFICE, } I have this day approved, signed and deposited in the office of the secretary of state, a joint resolution proposing an amendment to the constitution. JNO. S. BARRY. MOTIONS, RESOLUTIONS AND NOTICES. Mr. P. Power offered the following preamble and resolution, which were not adopted: Whereas, life, liberty and the pursuit of happiness is the ruling principle of man, and as the destructive monster, intemperance, has obtruded himself upon our peaceful path, to the annoyance of our pursuits by dethroning our reason, (the greatest of Heaven's gifts,) and the destruction of human life and happiness; be it, therefore, Resolved, That the hall of the House of Representatives be open on Thursday evening of each week during the session, to the members and other persons who may think proper to attend for temperance meeting; that thereby the social condition of the human race may be ameliorated throughout our happy land. Mr. H. L. Miller moved to reconsider the vote by which the resolution calling on the auditor general for information relative to the expenses of the geological department, was adopted; Which motion prevailed, and the resolution was laid on the table. Mr. Baldwin, gave notice that at some future day he should ask leave to bring in a bill to amend the "act to prescribe the powers and duties of justices of the peace, in civil proceedings," approved April 9, 1841. Mr. Rix gave notice that he will at some future day ask leave to introduce a bill for the more efficient and better organization of the militia of the state. Mr. Runyan gave notice that at some future day he should ask leave to introduce a bill to amend part 1, title 6, chapter 4 of the revised statutes. Mr. H. N. Walker asked and obtained leave, in pursuance of previous notice, to bring in a bill to provide for the foreclosure of mortand Messrs. H. N. Walker, Fairfield and Joslin, were appoingages, ted a committee to bring in the bill. Mr. Tillson, in pursuance of previous notice, asked and obtained leave to bring in a bill to legalize certain roads therein mentioned, and for other purposes, and Messrs. Tillson, Berry, and Leland were appointed a committee to bring in the bill. The House then took up the unfinished business, being the "Senate bill to define the crimes of fornication and adultery, and to provide for the punishment thereot," together with the House substitute there for. The question being on the adoption of the substitute. Mr. Murphy moved to amend the substitute by striking out the word "five" before "years," and inserting "two." A division of the question was called for, and thequestion being on striking out, it was lost. Mr. Pratt offered the following to stand as sections 3 and 4, of the substitute: Section 3. The evidence of any person participating in either the crime of adultery or a felony, as defined in the first section, shall not be received on the trial of any person indicted or prosecuted under this act. Section 4. This act shall take effect and be in force in ninety days from and after its passage. And the question being on inserting section 3, it was decided in the negative, and section 4 was then withdrawn. Mr. Porter moved to amend as follows: which motion was lost: Strike out all after the word 'wife' in the 3d line to the word 'shall,' in the 4th line, and to add to 1st section any married woman who shall have sexual intercourse with and carnally know any man not being her husband, shall be deemed to have committed adultery and on conviction thereof shall be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding one hundred dollars or by both in the discretion of the court." Mr. Saunders moved the previous question, which motion was not sustained. Mr. Murphy moved to amend by striking out the words "to be guilty of felony," in the fourth line, which motion was lost. Mr. Baldwin moved to amend by inserting between the words 'have' and "sexual" in the third line of the first section, the word "voluntary" and the same amendment in the first line of the second section, which motion was lost. Mr. Rowland moved the previous question, which was sustained. The question being on adopting the substitute, it prevailed by the following vote : The question then being on ordering the bill to a third reading, it was decided in the affirmative by the following vote: The House then went into a committee of the whole on the general order, Mr. Schoolcraft in the chair, and after a time spent thereon, the committee rose, and by their chairman reported that they had had under consideration, a "bill to provide for the payment of the claira of Alfred French," on which they had made some progress, and asked leave to sit again: leave was granted. Also, a bill to amend an "act for the transfer of certain causes from the supreme court to the court of chancery and for other purposes," which they had amended by striking out all after the enacting clause. The amendment of the committee was concurred in, by the House, and the consideration of the enacting clause was laid on the table. |