The Arkansas banner., 1846-11-25
E.cgEslatiyc Ksroccedfngs.
N THE HOUSE.
Thuwslav. Nov. k

Messrs- NelaRd, Brown, CrnlchGeld, Ber- trand, Cg0ft, Marshall and Collins were an- pointed, under resolution introduced by Mr. bF0was tc investigate tise rights to their seals cs she swo members from Sevier eoHn- iy, and the member iron Polk county.
 Mr. .NoIand, from the select committee to whom the subject had hrca rescrsed, subuni.- tec the following report.
 2 .N SpxGker-I'he select committee to whom was referred the res0lution offered by the Hon. Mr. Broicl, of Crawford, eal- ling for an inquiry in relation to the seats of she members Of the House, frun the coun- ties Oi Sevief and Polk, have had ahe sans under consideration. and fad that, by the act of ihe Legislature of lS42. apportioning Rep Fescntasives among the several counties, the county of Sevief was entitled to two Repre- sen,a.ives--,hat the county of Polk was created at the session of lS44, and formed entirely out of the county of Seyier; but,
 neither the act creating said county of Polk,
 nor any subsequent act of the Legislature, provide that the counties of Sevicr and Polk should vote jointly for representatives, ai the general election holden on the lsl Monday
 of August of the presen. year, Messrs. Pet
 tigrew and Williams were 'tleeied as mem bers of the House from the couaIy of Seyier, and Luke F Pryor as a member from the county of Polk; and. from the testimony of fered 10 the committee, It appears that the sheriff of Polk county gave notice in his writ of election, that only one representative would be elected from that county The returns to the Secretary of State, from the clerk of that county, also show this fact, and that MessFs Petsgrow aud Williams, the returned members from the county of Sevier, were not candidates Sn Polk, neither were their names placed upon the poll-books of said county. it further appears, that. tn the county of Sevier, Mr. Pyor's name wes upon the poll-books of some of the town ships.
 From all the testimony adduced, it seems the people of both counties labored under an erroneous impression as 10 the manner in which they ought to vote. This question is novel one, involving the rights of the people of two counties. Three representa- lives have been returned, when the. eonstiln- ton allows but two; and how to discrimin- ate in the matter, so as to preserve invioisle the constitution of the state, the laws oI the land. and guard the rights of the people of both those counties, Is somewhat difficult. Fully appraised cf the importance to both counties, tn have a representation al this lime- and the mere so from the fact, that by the resignation of the Hon. Jos. W. Mckean, they are deprived of representation in the other House; yoaF committees cnn see no way of settling the question, according 10 the law of the land. and justly as to the counties of Sevier and Polk, otherwise than by reference of the whole matter back 10 the people of those counties, who alone have the power to make the proper correction. With this view, they have instructed me to report the following resolution:
 Resolred, That the seats of Messrs. Pet tigIew and Williams, members from the county of Seviey, and tha. of L. E. Pryor, the member from the county of Polk, be, and the same are hereby declared 10 be va- cant.
 Peter T. Craichfeld, one of the minority of the committee appointed by ballot. on the resolution of Judge Brown, concerning the election and return to this House as mem- bers, Of Me<srs. Pryor. Peuigrew, and Will Hams, made the following report:
 From statements made before Ihe com mi,tee, and documents examined by them, the facts of the case appeared 10 be this Previous to the late general election, the sheriff of Polk county issued his proclama- ton for tho election of certain officers for Polk county, and also for separate repre- senlaiiou to the General Assembly from said county. On the Sd day of August, being the day of election, Mir Pryor received eighty three votes in said county for representative, and received the certificate of the clerk o! said county that he was elected repgesen- tative iherefrom. It further appears, from the documents in the Secreiary's office, ex- amined by the committee, that al the late election on the 3d of last August. m Sevier county, for representatives to this General Assembly, Charles Petligrew received three hundred and fifteen votes, Cokely Williams three hundred and eleven votes, and the said Pryor received fifty votes. il is not abso- luiely certain, from the statements made be- fore the committee, that the sheriff ot Sevier county issued his proclamation for the elec- lion of representatives conjoinIiy from the counties of Seyier and Polk IL is reasona- ble, however, 10 infer that he did do so, as said Pryor, who lived in Polk, ran as a cam lidate in Sevier county, and received as al- ready slated, fifty votes in Sevier county.
 The said Pe.,igrew, and the said Williams, having received majorisy Of the votes ir Seyier county, for representatives, were de- clared duly elected as sech, and received their certificates to that effect. These are simply the facts of the case. Let us now cndeavor to apply the constitution and the law. Agreeably to the constitution, the last was made III iSi2, when the number Of members of this House was in- creased to, and fixed at, sescniy-fve, beyond which number there is a positive prohibition, to any farther increase, till our pora!aiioa amounts 10 five hundred thousand souls. By admitting all three of the aforesaid pet sons. that is to say, Me srs.~ Pryor, Peit,-
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