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Bill be rejected?" If no opposition be made, or, if the question to reject the restoration of concord and fraternal sentiments throughout the limits of the State; and earnestly to hope that unanimity and kind feeling will characterize your deliberations, and be impressed upon any legislation which you may deem it proper to institute.
Imploring the Divine blessing on your labors, I now commend you to the prosecution of the business of this body.
The House then proceeeed to the election of a Clerk.
A message was received from the Senate by their Clerk, informing the House that a quorum of the members of the Senate had met, had elected Mr. R. F. W. Allston, President, William E. Martin, Clerk, and John T. Goodwyn, Reading Clerk, and was now ready to proceed to business.
The House then proceeded to a first ballot for Door-keeper.
IN THE SENATE, November 1, 1852.
Mr. Speaker and Gentlemen of
Senate has appointed Messrs. Witherspoon, Moses, Buchanan, Carew, Evins, Powe, Griffin, and Porter, a Special Committee on the part of Senate to nominate suitable persons for Electors of President and Vice President of the United States, and respectfully asks your House to appoint a similar Committee to join the Committee of Senate for that
By order of the Senate.
ROBT. F. W. ALLSTON, President.
On motion of Mr. TRADEWELL, the Message was ordered to lie on the Table.
Mr. SULLIVAN submitted the following Resolution:
Resolved, That the Rules of the last House of Representatives be adopted as the Rules of the present House, saving that so much of the 58th Rule as requires Resolutions to lie over for a day, on the demand of ten members, be suspended during the present extra session.
Mr. MIDDLETON moved to amend the Resolution by striking out all after the word "Resolved" and inserting the following words: "That the Rules adopted by the House of Representatives in 1838 be adopted for the government of this House, except the 46th and 47th Rules, for which the following Rule is substituted: The first reading of a Bill shall be for information and reference; no amendment shall then be in order. If opposition be then made to the Bill, the question shall be--"Shall this
be lost, the Bill shall be referred to some Committee, unless the House unanimously agree, without debate, to dispense with reference.
Resolved, That so much of the 58th Rule as requires Resolutions to lie over for a day, on the demand of ten members, be suspended during the present extra session of the General Assembly."
And the question being put, Mr. MIDDLETON'S amendment was adopted, and the Resolution as amended was agreed to.
On motion of Mr. McGOWAN, ordered, that a Committee be appointed to wait upon His Excellency the Governor, and inform him that a quorum of the House had assembled, and was ready to receive munication which he may be pleased to make.
Whereupon the SPEAKER appointed the following gentlemen of the Committee: Messrs. McGowan, Vance and Keitt.
The House then proceeded to a first ballot for Reading Clerk.
Resolved, That it be referred to a Special Committee of five to enquire and report, whether Louis O'Bryan is not entitled to his seat in this House, as a member elect from the election District of St. Bartholomews.
Mr. MIDDLETON moved to amend the Resolution, by striking out the words, "a Special Committee of five," and inserting "the Committee of Privileges and Elections," and the question being put, tellers were called for and the House divided. Messrs. Torre and Sullivan were appointed to count the House, who reported 45 in the affirmative and 55 in the negative. So the House refused to agree to the amendment.
On motion of Mr. HUTSON, the Resolution was amended by striking out all after the word "Resolved" and inserting the following:
"That it be referred to a Committee of five members to enquire into the facts in relation to the recent election in St. Bartholomew's Parish, and report them to the House." The Resolution thus amended was agreed to, and the Speaker appointed the following gentlemen of the Committee: Messrs. Torre, Middleton, Sullivan, McCrady, and Hutson.
Mr. MCGOWAN, from the Committee appointed to wait on the Governor, reported, that they had performed the duty assigned to them, and that the Governor would communicate to the House immediately.
Message No. 1 was then received from His Excellency the Governor, and read by Col. Beaufort T. Watts, his private Secretary.
Gentlemen of the Senate
and House of Representatives:
I have deemed it my duty to call you together on this occasion, to
enable the State to cast its vote for Electors of President and Vice President of the United States.
Some doubts have been entertained and expressed as to the constitutional power of the Governor to call the Legislature together for the purpose alluded to. The Constitution authorizes the Governor to convene the Legislature on extraordinary occasions. It has been seriously mooted, whether this is an extraordinary occasion, as the Legislature were aware of the contingency that would happen, and ought to have provided for it. This may be the case, but it is evident that no provision was made, and that the State would lose its vote in case I were to neglect or refuse to call you together. I think that any doubt which may have arisen on the subject has no real foundation in truth. It seems to me that the clear meaning of the Constitution is, that the Governor should have power to convene the Legislature to transact any business for the good of the commonwealth, which could not be transacted at its regular session.
Acting under the belief of the correctness of this construction, I have called you together. I am sustained in the propriety of this course by the precedent set by that able jurist, Ex-Governor Johnson. The Act of Congress, requiring the votes for Electors to be cast on the same day throughout the United States, was passed in January 2d, 1846, and Governor Johnson convened the Legislature on the first Monday in November, 1848. Thus you will perceive that two regular sessions of the Legislature had intervened between the date of the Act of Congress and the convening of the Legislature, which certainly made that occasion no more extraordinary than this.
I think I am also sustained in the course I have pursued by the sense of the Legislature itself; for had any doubts been entertained by it as to the power of the Governor to convene it for a purpose like this, the failure to make other provisions for casting the vote of the State would involve a neglect of duty, too flagrant ever to suppose them capable of.
I herewith transmit to you a report from the Secretary of the Interior, which shows that by the seventh census our State will lose a member to Congress.
This will impose the necessity of re-districting the State. Whether you will perform this duty now, or at your regular session, is a matter for your consideration and discretion.
On subjects of general interest to our State, I will address you at your regular session. JOHN H. MEANS.
On motion of Mr. TRADEWELL, ordered that the Message with the accompanying documents, lie on the Table, and that the Message be printed.
Mr. ASHMORE, from the Committee appointed to count the ballots for Door-Keeper, reported that no candidate had received a majority and that, consequently, there was no election.
Mr. MIDDLETON submitted the following Resolution :
sident of the United States, for the term to commence on the 4th of March next, be made by joint ballot of the General Assembly in the Hall of the House of Representatives, at 12 o'clock, M., on Tuesday the 2nd. inst., as provided for by the Act of the Congress of the United States, ratified on the 23rd of January, 1845.
On motion of Mr. TRADEWELL, the Resolution was amended, by adding the following:
Resolved, That a message be sent to the Senate, asking the concurrence of that Body in the foregoing Resolution.
The Resolution, as amended, was then agreed to.
Mr. CLARKE submitted the following Resolution, was ordered to be considered immediately, was agreed to, and ordered to be sent to the Senate for concurrence:
Resolved, That the present Session of the Legislature be adjourned on Tuesday, the 2nd instant.
Mr. ANDERSON, from the Committee appointed to count the ballots cast for Clerk, reported, that Thomas W. Glover received one hundred and six votes, which is a majority.
Whereupon the SPEAKER announced, that Thomas W. Glover is elected Clerk of the House of Representatives, and administered to him the constitutional oath of office.
On motion of Mr. MIDDLETON, ordered, that a Message be sent informing the Senate, that a quorum of the House has assembled, and elec'ed Hon. JAMES SIMONS, SPEAKER, and THOMAS W. GLOVer, Clerk, and is now ready to proceed to business.
Mr. BEATY, from the Committee appointed to count the ballots for Reading Clerk, reported, that no Candidate had received a majority, and that, consequently, there is no election.
On motion of Mr. MIDDLETON, the House was adjourned at 48 minutes past 3 o'clock, P. M.
TUESDAY, NOVEMBER 2, 1852.
At the hour to which the House was adjourned the Clerk called the roll, when the SPEAKER took the Chair, and a quorum being present, the Journal of yesterday's proceedings was read.
On motion of Mr. BOYLSTON, the House reconsidered the vote taken yesterday, referring the facts in relation to the recent election in St. Bartholomew's to a select Committee of five; and the same was referred to the Committee on Privileges and Elections.
Mr. MIDDLETON submitted the following Resolutions which were ordered to be considered immediately, were agreed to, and ordered to be sent to the Senate for concurrence:
Resolved, That the presiding officer of each Branch of the General Assembly do issue to the Clerks of their respective Houses, a pay bill for the sum of fifty dollars; and to each of the other officers of each House a pay bill for the same pay and mileage as are allowed to the members of the General Assembly-the same to be compensation for the services of each of said officers during the present extra Session.
Resolved, That the President of the Senate be authorized to issue to the Librarian a pay bill for the per diem pay allowed a member, as compensation to said Librarian for his services during the present Session.
Messrs. George A. Trenholm and Fleetwood Lanneau, members elect from Charleston, were qualified and took their seats; and Mr. William B. Seabrook, a member elect from St. Andrew's, produced his credentials, was sworn and took his seat.
Mr. TORRE submitted the following Resolution, which was considered immediately, and was agreed to:
Resolved, That a Committee of three be appointed forthwith by the Chair, to advertize for proposals for the printing of the House, at its regular Session, and that said Committee submit their report at the opening of the ensuing regular Session.
The House then proceeded, successively, to a second ballot for Reading Clerk, to a first ballot for Messenger and to a second ballot for Doorkeeper.
Mr. BOYKIN, from the Committee appointed to count the votes cast for Reading Clerk, on the second ballot, reported, that no candidate received a majority, and that, consequently, there is no election.
The House then proceeded to a third ballot for Reading Clerk.
Mr. Henry D. Lesesne, a member elect from Charleston, was sworn and took his seat.
Mr. BURT, from the Committee appointed to count the votes cast for Door-Keeper, on the second ballot, reported, that no candidate had received a majority, and that, consequently, there was no election.
Mr. BROWN, from the Committee appointed to count the votes cast for Messenger, on the first ballot, reported, that no candidate received a majority, and that, consequently, there was no election.
The House then proceeded to a third ballot for Door-Keeper.
The Senate returned with their concurrence, a Resolution to appoint Electors of President and Vice President of the United States, and immediately afterwards the Senate attended in the Hall of the House of Rep