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THIRTY-FOURTH. It shall be the duty of the Secretary to keep an exact journal of all the proceedings of the Senate, and shall from time to time, be subject to such further orders as the Senate may direct.

THIRTY-FIFTH. No persons except the members of the House of Representa tives, their clerk, the Governor, Secretary of State, Judge of the Supreme and Circuit Courts, Attorney General and members of Congress, shall be admitted within the bar of the Senate, during the sitting of the same, unless invited by a member.

THIRTY-SIXTH. On the discussion of any business, which may in the opinion. of a member require secrecy, the President shall order the gallery to be cleared, and during the discussion of such motion the doors shall remain shut, unless otherwise directed by the Senate.

THIRTY SEVENTH. When the Senate shall think their business requires it, they shall elect one or more enrolling and engrossing clerks for the house, who shall, when elected, be subject to the same rules as the Secretary of the senate now is.

THIRTY-EIGHTH. Any member voting in the minority on any subject, and protesting against the vote of the House, may have his protest entered on the journals, if the language and tenor of such protest would have been admissible in the discussion of the subject.

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ORDER OF BUSINESS.

1. Petitions, Memorials and Remonstrances.

2.

Reports from Standing Committees.

3. Reports from Select Committees.

4. Propositions and Motions.

5. Second reading of Bills.

6. Engrossed Bills.

7. Bills reported, and other business lying on the Table.

8. Orders of the day.

Mr. Penn from the joint committee to report rules for both Houses, submitted the following:

The committee on the part of the Senate, who have been instructed to join such committee as may be appointed on the part of the House of Representatives, for the purpose of reporting rules for the government of both Houses, when in session, have discharged that duty, and recommend the adoption of the rules which governed the two Houses when in session in the years 1836 and 1837.

Which rules are as follow:.

JOINT RULES OF BOTH
HOUSES.

SEC. 1. When the business requires the attendance of the Senate in the Representative Chamber, they, with their Secretary, shall be conducted within the bar, and there seated: and when so assembled, the President of the Senate shall preside, and every member of the Senate or House of Representatives shall be at liberty to make motions, and debate, and the rules of the House of Repre sentatives shall govern, as if that House were in committee of the whole House. SEC. 2. When a message shall be sent from one house to the other, it shall be announced at the door of the respective houses by the doorkeeper thereof,

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and the import thereof respectfully communicated to the President or Speaker, as the case may be, by the person by whom it is sent.

SEC. 3. While bills are on their passage between the two houses, they shall be on paper, and under the signature of the Secretary or Clerk of each house respectively.

SEC. 4. After a bill shall have passed both houses, it shall be duly enrolled on paper by the clerk of the house, where the same shall have originated, before it shall be presented to the Governor.

SEC. 5. When bills are enrolled, they shall be examined by a joint commit.ee of three from the Senate, and six from the House of Representatives, appointed as a standing committee for that purpose, one of whom on the part of the Senate, and two of the House of Representatives, shall be sufficient to examine and compare the enrolled with the engrossed bills, as passed in the two houses, and correcting any errors that may be discovered in the enrolled bilis, and make their report forthwith to the respective houses.

SEC. 6. After examination and report, each bill shall be signed in the respective houses; first by the Speaker of the House of Representatives, and then by the President of the Senate.

SE. 7. After a bill shall have been thus signed in the House, it shall be presented by the said committee to the Governor for his approbation; it being first endorsed on the back of the bill, certifying in which house the same originated, which endorsement shall be signed by the Clerk or Secretary of the House in which the same did originate, and shall be entered on the journals of each House.

SEC. 8. 8. All orders and resolutions which are to be presented to the Governor for his approbation, shall also be previously enrolled, examined and signed, and shall be presented in the same manner, and by the same committee as is provided in case of bills.

SEC. 9. When a bill or resolution, which shall have passed one house, shall be signed in the other, notice thereof shall be given to the house in which the same originated.

SEC. 10. When any papers may come officially before either house of the General Assembly, or any communication of the Governor, and are proper to be acted upon by both houses, the house before which such papers are laid, or to which such communications are made, shall as soon as they have proceeded and acted upon the same, lay a copy thereof before the other house.

SEC. 11. When a vacancy shall happen in either house, notice thereof shall be sent to the other.

SEC. 12. When any new business shall be commenced in either house, on which it is necessary for the other to act, notice thereof shall be given to the

other house.

SEC. 13. All messages and communications between the two houses, shall be conveyed by a clerk or a member of the house originating the same.

On motion of Mr. Hunter,

It was Resolved, that ten o'clock in the morning and two o'clock in the evening be established as the hours of the meeting of the Senate, until otherwise ordered by the Senate.

Mr. President announced the appointment of the committee on printing, as Messis. Sterigerc, Hyatt and Rawlins.

Mr. Sterigere submitted the following:

Resolved by the Senate, the House of Representatives concurring therein, that the two houses of the General Assembly will meet in the Hall of the House of Representatives on to-morrow, at three o'clock in the afternoon, for the purpose of electing a Senator to the Congress of the United States,

Which was adopted.

On motion of Mr. Hunter,

It was Resolved, that the Senate now proceed to the election of one Assistant Secretary, one Engrossing Clerk, and one Enrolling Clerk for the present ses

sion:

For the office of Assistant Secretary were severally nominated, Messrs. Wiley C. Williams and Benjamin Emmons;

When on the first ballot, there appeared,

For Mr. Williams

Messrs. Alford, Ashby, Byrd, Danforth, Darby, Deguire, Gentry, Gilliam, Gorham, Hunter, Jones of Cooper, M'Daniel, Miller, Morin, Monroe, Noland, Penn, Rawlins, Scott, Sterigere and Thompson-21.

For Mr. Emmons

Messrs. Campbell, Conger, Grimsley, Hyatt, Jones of Pike, Maupin, M'Ilvaine, Pratt and Watts-9.

Whereupon, Mr. Williams was declared duly elected assistant Secretary of the Senate; was qualified, and entered upon the duties of his office.

The Senate then proceeded to the election of an Engrossing Clerk;

Messrs. Thomas B. English, Edwin M. Pitcher, and A. J. Basye were severally nominated.

On the first ballot there appeared,

For Mr. English

Messrs. Alford, Ashby, Byrd, Danforth, Deguire, Gentry, Gilliam, Hunter, Jones of Cooper, M'Daniel, Morin, Monroe, Penn and Sterigere-14.

For Mr. Pitcher-

Messrs. Conger, Darby, Gorham, Noland, Pratt, Rawlins, Scott and Thompson-8.

For Mr. Basye

Messrs. Campbell, Grimsley, Hyatt, Jones of Pike, Maupin, M'Ilvaine, Miller and Watts-8.

Neither candidate having a majority, the Senate proceeded to a second ballot;

When there appeared,

For Mr. English

Messrs. Alford, Ashby, Byrd, Campbell, Danforth, Deguire, Gentry, Gillliam, Hunter, Jones of Cooper, M'Daniel, D'Ilvaine, Morin, Monroe, Penn, Sterigere, and Thompson-17.

For Mr. Pitcher

Messrs. Conger, Gorham, Noland, Pratt, Scott and Rawlins-6.

For Mr. Basye

Messrs. Darby, Grimsley, Hyatt, Jones of Pike, Maupin, Miller and Watts-7. Whereupon Mr. English was declared duly elected Engrossing Clerk of the Senate; was qualified, and entered upon the duties of his office.

The Senate then proceeded to the election of an Enrolling Clerk:

Messrs. Pledge, Jeffries, Elliot, White, Brock, and Jones, were severally nominated.

On the first ballot there appeared;

For Mr. Pledge

Messrs. Conger, Gentry, Hunter, M'Daniel, Morin and Watts--6.

For Mr. Jeffries

Messrs. Alford, Byrd, Danforth, Darby, Deguire, M'Ilvaine, Monroe, Pratt and Sterigere-9.

For Mr. Elliot

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Messrs. Campbell, Grimsley, Hyatt, Jones, of Pike, Maupin, Noland and Thompson-7.

For Mr Brock

Messrs. Jones of Cooper, Miller and Penn-3.

For Mr. Jones

Messrs. Ashby and Gilliam-2.

Neither candidate having received a majority, the Senate proceeded to a second ballot, Mr. Jones being withdrawn;

When there appeared,

For Mr. Pledge

Messrs. Ashby, Conger, Gentry, Gilliam, Maupin, M’Daniel and Morin—7. For Mr. Jeffries-

Messrs. Alford, Byrd, Danforth, Darby, Deguire, Hunter, Jones of Cooper, M'Ilvaine, Monroe, Penn, Pratt, and Sterigere-12.

For Mr. Elliot-

Messrs. Gorham, Rawlins and Scott-3.

For Mr. White-

Messrs. Campbell, Grimsley. Hyatt, Jones 'of Pike, Noland, Thompson and Watts-7.

For Mr. Brock-Mr. Miller-1.

Neither candidate having received a majority, the Senate proceeded to a third ballot;

When there appeared,

For Mr. Pledge

Messrs. Ashby, Conger, Gentry, Gilliam, Hyatt, Maupin, M’Daniel and Morin

-8.

For Mr. Jeffries

Messrs. Alford, Byrd, Danforth, Darby, Deguire, Hunter, Jones of Cooper, M'Ilvaine, Monroe, Noland, Penn, Pratt, Sterigere and Thompson-14. For Mr. Eliot-

Messrs. Gorham, Rawlins and Scott-3.

For Mr. White-Messrs. Campbell, Grimsley, Jones of Pike, Miller and Watts-5.

Neither candidate having received a majority, the Scnate proceeded to ballot the fourth time;

When there appeared,

For Mr. Pledge-

Messrs. Ashby, Campbell, Conger, Gentry, Gillian, Jones of Pike, Maupin, M'Daniel, and Morin-9.

For Mr. Jeffries-

Messrs. Alford, Byrd, Danforth, Darby, Deguire, Grimsley, Hunter, Hyatt, Jones of Cooper, M'Ilvaine, Monroe, Noland Penn, Pratt, Sterigere, Thompson and Watts--17.

For Mr. Whits-

Messrs. Gorham, Miller, Rawlins and Scott--4.

Whereupon, Mr. Jeffries was declared duly elected Enrolling Clerk of the Senete; was qualified, and entered upon the duties of his office.

Mr. President

Announced the appointment of the committee on Enrolled Bills, as Messrs. Jones of Cooper, Rawlins and Pratt.

On Motion of Mr. M'Daniel

It was Resolved, That the President of the Senate be authorised to assign scats within the bar, to the reporters of such Newspapers as may desire a place for the purpose of reporting the proceedings of the Senate, and that they have liberty to copy from the journals, when convenient to the Secretary.

The following Message from the Governor, was communicated by Mr. Samuel M. Bay, his Private Secretary, and was received and ordered to be read:

Fellow-Citizens of the Senate,

and of the House of Representatives:

In greeting you upon your assembling at the seat of Government, for the purpose of discharging the high trust confided to you by the people of Missouri, permit me to congratulate you, upon the prosperous condition of our State, and of the Union at large.

Whilst most of our sister States have been temporaily embarrassed with pecuniary difficulties, which are happily removed by the enterprise and industry of their citizens, and the boundless resources of the country, and whilst some of them have unfortunately experienced the present season, a failure in their crops to an unusual extent; our State has been almost entirely exempt from the former, and has been abundantly blessed in its agricultural and commercial pursuits.

With the exception of a recent intestine commotion, caused by a most extraordinary fanaticism, but which has been suppressed by the prompt and vigorous interference of the law, there has nothing occurred since the adjournment of the last General Assembly, to materially interrupt the general prosperity of the State. For blessings so numerous our most devout gratitude is due to a kind and beneficent Providence.

The fiscal concerns of the State will, in due time, be laid before you by the Auditor of Public Accounts and State Treasurer, from which you will see that the amount received into the State Treasury, during the last two fiscal years, ending the 30th September, 1838, was $147,209 91-100, on account of revenue. The amount expended out of that sum for the same time, was $140,384 82-100, being an excess of receipts over the ordinary expenses of Government of $6,825 12-00, which sum added to the amount of revenue in the Treasury on the first day of October, 1836, will make the sum of $39.981 87-100, remaining in the Treasury on the 1st day of October, 1838, belonging to revenue, to which add the sum of $17,295 77-100, received from other sources, as appears by the Auditor's statement, will make the balance in the Treasury, from all sources, on the first day of October, 1838, the sum of $58 280 65 100.

Under the present rate of taxation, it is estimated that the amount which will be received into the Treasury, during the next two fiscal years, applicable to the payment of the ordinary expenses of the Government, will be one hundred and seventy-two thousand dollars. Adding to which, the amount of revenue in the Treasury on the 1st of October, 1838, makes the sum of $211,984 87-100, from which deduct the probable ordinary expenses of the Government, for the same length of time, estimated at $160.000 00, will leave in the Tre sury, on the 1st day of October, 1840, the sum of $51,934 87-100.

The State debt on the 1st day of October, consisted of the bonds of the State issued in payment of Bank Stock-the three instalments of the surplus revenue, deposited with the State by the General Government-and the bonds of the State issued on account of the loan for building the Capitol; making in the whole, the sum of one million three hundred and ninety-seven thousand one hundred and ninety one dollars and forty-eight cents. From which deduct the amount of the Bank Stock held for the use of the State, and the amount invested on account of common schools, making $1,257,560 21-100, leaves the actual State debt, on the 1st day of October, 1838, the sum of $139.631 27-100, to which add the sum of twenty-thou-and dollars of bonds, issued on account of the Capitol loan since the 1st of October, 1838, makes the State debt, up to this time, one hundred and fifty-nine thousand six hundred and thir

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