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On motion of Mr. Campbell,
The Senate proceeded to the election of Secretary.
Messrs. Samuel M. Bay, Wiley C. Williams, Benjamine E. Ferry, and James L. Minor, were severally nominated, and on the first ballot, there appeared, For Mr. Bay.--Messrs. Alford, Darby, Grimsley, Hyatt, McIlvaine, Miller, Penn, Pratt, and Scott.-9.
For M1. Williams.-Messrs. Ashby, Gilliam, Gorham, Morin, Noland, Rawlins, and Thompson.-7.
For Mr. Ferry.-Messrs. Conger, Jones of Cooper, Jones of Pike, Maupin, Monroe, and Watts.-6.
For Mr. Minor.-Messrs. Byrd, Campbell, Danforth, Deguire, Gentry, Hunter, McDaniel, and Sterigere.--8.
Neither candidate having a majority the Senate proceeded to a second ballot, when there appeared,
For Mr. Bay.-Messrs. Alford, Darby, Grimsley, Hyatt, McIlvain, Miller, Penn, Pratt, and Scott.-9.
For Mr. Williams.-Messrs. Ashby, Gorham, Morin, Noland, Rawlins, and Thompson.-6.
For Mr. Ferry.-Messrs. Conger, Jones of Cooper, Jones of Pike, and Watts. -4.
For Mr. Minor.-Messrs. Byrd, Campbell, Danforth, Deguire, Gentry, Gilliam, Hunter, Maupin, McDaniel, Monroe, and Sterigere.-11.
Neither candidates having a majority, the Senate proceeded to a third ballot, whereupon there appeared,
For Mr. Bay.--Messrs. Alford, Conger, Darby, McIlvain, Miller, Noland, Penn, Pratt, and Scott--9.
For Mr. Williams.--Messrs. Ashby, Gilliam, Gorham, Morin, Rawlins, and Thompson.-6
For Mr. Ferry. Mr. Jones of Cooper.
For Mr. Minor.-Messrs. Byrd, Campbell, Danforth, Deguire, Gentry, Grim sley, Hunter, Hyatt, Jones of Pike, Maupin, McDaniel, Monroe, Sterigere, and Watts.-14.
Neither candidate having a majority, the Senate proceeded to a fourth ballot, whereupon there appeared,
For Mr. Bay.-Messrs. Alford, Conger, Darby, Gorham, McIlvain, Noland, Penn, Pratt, and Scott.-9.
For Mr. Minor.--Messrs. Ashby, Byrd, Campbell, Danforth, Degure, Gentry, Gilliam, Grimsley, Hunter, Hyatt, Jones of Cooper, Jones of Pike, Maupin, McDaniel, Morin, Monroe, Rawlins, Sterigere, Thompson, and Watts.-20.
Whereupon Mr. Minor was declared to be elected secretary of the Senate, was qualified and entered upon the duties of his office.
On motion of Mr. Sterigere,
The Senate proceeded to the election of a doorkeeper.
Messrs. Woods, Crigler, Hazel, McHenry, Dorris, and Tiernan, were severally nominated,
On the first ballot there appeared,
For Mr. Woods-Messrs. Alford, Byrd, Campbell, Deguire, Gentry, Gilliam, Hunter, Jones of Pike, Noland, Thompson, and Watts.-11.
For Mr. Crigler-Messrs. Ashby, Danforth, Gorham, McDaniel, Morin, Penn, Rawlins, Scott, and Sterigere.-9.
For Mr. Hazel-Mr. Maupin.--1.
For Mr. McHenry-Messrs. Jones of Cooper, Miller, and Monroe.-3.
For Mr. Tiernan-Messrs. Darby, Grimsley, Hyatt, and Pratt.—4.
Neither candidate having a majority, the Senate proceeded to a second ballot, when there appeared,
For Mr. Woods-Messrs. Alford, Byrd, Campbell, Conger, Darby, Gentry, Gilliam, Grimsley, Hunter, Hyatt, Jones of Pike, Maupin, McIlvain, Morin, Noland, Pratt, Thompson, and Watts.-18.
For Mr. Crigler-Messrs. Ashby, Danforth, Deguire, Gorham, McDaniel, Monroe, Penn, Rawlins, Scott, and Sterigere.-10.
For Mr. McHenry--Messrs. Jones of Cooper, and Miller.
Whereupon Mr. Woods having received 'a majority was declared to be duly elected doorkeeper of the Senate, and entered upon the duties of his office.
Mr. Hunter then offered the following:
Resolved, That the House of Representatives he informed that the Senate is organized, that they have elected James L. Minor, Secretary, and William Woods, doorkeeper, and are now ready to proceed to business.
Which was adopted,
And Messrs. Hunter, Penn, and Mellvaine, were appointed a committee for that purpose.
On motion of Mr. Noland,
It was resolved by the Senate, that the doorkeeper be required to furnish the Senate with a suitable quantity of stationary.
Mr. Ashby then offered the following:
Resolved, That a committee of three be appointed to join a committee on the part of the House of Representatives to wait on the Governor, and inform him that the two Houses of the Gen-ral Assembly are Low organized, and are ready to receive any communication he may think proper to make;
Which was adopted,
And Messrs. Ashby, Byrd, and Grimsley, were appointed the committee for that purpose.
On motion of Mr. Sterigere,
The Senate adjourned.
TUESDAY, NOVEMBER 20th, 1838.
The Senate met pursuant to adjournment.
The following message was received from the House of Representatives by Mr. Emmons, (a member.)
Resolved, By the House of Representatives, That the Senate be informed that the House is now organized, and ready to proceed to business-having. elected Thomas H. Harvey Speaker, Micajah V. Harrison Clerk, Mr. Jackson Door Keeper, and James B. Williams Assistant Clerk.
Mr. Campbell asked and obtained leave to introduce
A Bill appropriating money to defray the expences of Government,
Which was read a first time;
And the Rule requiring bills to be read on three several days being dispensed with,
Was read a second time;
And the rule and engrossment being dispensed with,
Was read a third time and passed.
The following message was received from the House of Representatives by Mr. Williams:
Mr. President--I am instructed to inform the Senate that the House of Representatives have adopted the following resolution:
Resolved, That a committee of three members be appointed on the part of the House, to join such committee as may be appointed by the Senate, to inform the Governor that the two Houses of the General Assembly have organized, and are now ready to receive any commuuication which he may think proper to make.
The following message was received from the House of Representatives by Mr. Hickman:
I am requested by the House of Representatives to inform the Senate, that they have adopted the following resolution:
Resolved, That a committee of three be appointed on the part of this House, to join such committee as may be appointed by the Senate, to prepare Joint Rules for the Government of the two Houses, and report to their respective HousesWhereupon, Messrs. Miller, Young of Callaway and Canole were appointed the committee aforesaid.
Mr. Ashby offered the following resolution:
Resolved, That the members of the Senate be arranged into the following Standing committees:
A committee on Civil Judicature.
A committee on Criminal Judicature.
A committee on Education.
A committee on Ways and Means.
A committee on Claims.
A committee on Internal Improvements.
A committee on Elections.
A committee on the Militia.
A committee on Accounts.
A committee on Engrossed Bills.
A committee on Enrolled Bills.
A committee on the Seat of Government.
A committee on Agriculture.
A committee on the Penitentiary.
A committee on Revisal and Unfinished Business.
Mr. Sterigere moved
To amend the resolution by inserting, instead of "a committee on Civil Judicature," "a committee on the Judiciary," and adding, "a committee on Job Printing;" which was agreed to, and the resolution adopted.
Mr. Ashby presented the following:
Resolved, That a committee of three be appointed to draft or report, Rules for the government of the Senate during the present session,
Which was adopted;
And Messrs. Ashby, Campbell, and Jones of Cooper, were appointed a committee for that purpose.
Mr. Penn submitted the following:
Resolved, That a committee of two be appointed on the part of the Senate, to join such committee as may be appointed by the House of Representatives, to draft or otherwise report, Joint Rules for the government of bcth Houses during the present session,
Which was adopted; and Messrs. Penn and Jones of Pike, were appointed a committee for that purpose, to which,
On motion, Mr. Scott was added.
Mr. Ashby from the select committee to wait on the Governor, reported that the committee had performed that duty, and received in answer, that he will make his communications in writing at three o'clock this day.
Mr. Ashby from the select committee on the subject of Rules for the government of the Senate, made the following report:
The committee appointed to report rules and orders for the government of the Senate at its present session, herewith report the rules and orders adopted by the Senate, at the last session ofthe General Assembly, and recommend their adoption for the government of the Senate during the present session.
Which rules are as follows:
RULES AND ORDERS.
FOR THE GOVERNMENT OF THE SENATE OF THE
SEC. 1. The President shall take the chair every day at the hour to which the Senate shall have been previously adjourned, and on the appearance of a quorum, shall call the House to order, and cause the journal of the preceding day to be read, but a smaller number may adjourn from day to day, and compel the attendance of absent members, and any two members at any time after the hour has arrived to which the Senate has adjourned, may have a call of the house, and have the names of the absentees entered upon the journal.
SECOND. It shall be the duty of the President to proserve order, and he may speak on all questions of order in preference to any other member, rising from his seat for that purpose, and shall decide on all questions of order subject to an appeal to the house.
THIRD. All questions shall be put in this form: "You who are of opinion (as the case may be) say aye; of the contrary opinion, say no;" and in doubtful cathe President may direct, or any member may call for a division.
FOURTH. All committees shall be nominated by the President, unless otherwise directed by the House, in which case they shall be appointed by ballot.
FIFTH. Every member present, when a question is taken, shall vote, unless the house for special reasons excuse him.
SIXTH. Every motion shall be reduced to writing, if the President or any member require it.
SEVENTH. A motion to adjourn shall always be in order, unless a member is speaking, and shall be decided without debate, and no member shall leave his seat after a question of adjournment is put until the same shall be declared to be a vote by the President, nor until the President shall have left the chair.
EIGHTH. When a member is about to speak, he shall rise, and respectfully address himself to the President, and when a member is speaking, no member shall pass between him and the chair.
NINTH. The President shall preserve decorum, and if any member transgress the rules of the house, the President shall, or any member may call to order; in which case, the member called to order, shall immediately sit down, unless permitted to explain; and the house, if appealed to, shall decide on the case.
TENTH. No member shall speak more than twice on any one question, without leave of the house.
ELEVENTH. When a motion is made and seconded, it shall be stated by the President, or being in writing, it shall be handed to the chair, and read aloud by the President or Secretary, before debated.
TWELFTH. After a motion is stated by the President, or read by the Secretary, it shall be deemed to be in possession of the house, but may be withdrawn at any time before a decision or amendment, by consent of the house.
THIRTEENTH. While a question is before the Senate, no motion shall be received, unless for an amendment, for the previous question, or for postponing the main question, or to commit it, or to adjourn.
FOURTEENTH. The previous question shall be put in the words, "shall the main question be now put?" It shall be admitted only on demand of two members, and sustained by a vote of two-thirds of the house, and until decided, shall preclude all amendments, and debate on the main question.
FIFTEENTH. Any member may call for a division of the question when the same shall admit of it.
SIXTEENTI. No committee shall sit during the sitting of the Senate, without special leave.
SEVENTEENTIL. The first reading of a bill shall be for information, and if objections be made to it the question shall be, "shall the bill be rejected?" If no objections be made, or if the question to reject be lost, the bill shall go to its second reading without a question.
EIGHTEENTH. Upon the second reading of a bill, the President shall state, it is ready for commitment or engrossment, and if committed, then the question shall be, whether to a standing or select committee, or committee of the whole; and the house shall determine on what day; but if the bill be ordered to be engrossed, the house shall appoint the day when it shall be read the third time.
NINETEENTH. A bill after commitment or report thereof, may be recommitted. at any time before its passage.
TWENTIETH. In forming a committee of the whole, the President shall leave the chair, and appoint a chairman to preside.
TWENTY-FIRST. The President may at any time leave the chair and call any member ofthe Senate thereto, who shall be President of the Senate for the time being, and the President shall at pleasure resume the chair, and if the person called to the chair shall object, and the President insists, the question shall be decided by the Senate.
TWENTY-SECOND. When a motion is made for an amendment of any bill or resolution, the mover's name shall be inserted on the journal.
TWENTY-THIRD. The rules of the proceedings of the house, shall be observed in committee of the whole, so far as they may be applicable.
TWENTY-FOURTH. No member shall be permitted to vote on a subject in which he is immediately interested.
TWENTY-FIFTH. No member in the minority of any vote declared, shall have a right to move a reconsideration thereof.
TWENTY-SIXTH. No member shall call for the yeas and nays on any question after the same has been declared to be a vote by the President.
TWENTY-SEVENTH. Any member may excuse himself from serving on a committee, if at the time of his appointment, he shall be a member of three other committees.
TWENTY-EIGHTH. When any petition, memorial or remonstrance, is presented to the Senate, the person presenting the same shall give a concise statement of the purport thereof, and it shall be disposed of according to its character, without reading, unless the reading thereof be required by two members.
TWENTY-NINTH. No bill shall pass the house until a third reading, nor shall any bill be read more than once in any one day, unless otherwise directed by the Senate.
THIRTIETH. If two or more members happen to rise at once, the President shall name the person who is to speak first.
THIRTY-FIRST. No standing rule of the house shall be revised or amended without one day's notice being given of the motion thereof.
THIRTY-SECOND. No member shall absent himself from the service of the Senate without leave is first obtained, and in case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the door-keeper, or any person or persons by them authorized, for any absent member, or members, as the majority of such members present shall agree, at the expense of such absent member or members respectively, unless such excuse for non attendance shall be made as the Senate, when a quorum is convened, shall judge sufficient.
THIRTY-THIRD. It shall be the duty of the door-keeper to keep order in the lobby, and to obey the orders of the Senate from time to time.