The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-15

Every In the Stsfo hiss right to iusist tina
its should notice Of this extra sion
homes s have not Issn soted Of this extra session W
tlated Leesature-y,th several constituences act
disfranchssd.
here on notice fhe fact that hundred and afteen mem
bers proof tAat the notification has been suf
notice when any member claims that Ae had no know.
| ledge Of this cali.
Mr. IIrTEJoHN had no desire to make factious oppo-
son but to pas Important laws here All win
be patsfed with them a the Question NAV arseln
courts whether our legislation has been stitu
aon and those whose votes mrht occasion this change
may claim that they had right to be- hereIand vote
informates II the House was satisfied that ie coyer
issued this procama tion it might 60 on but should
hereafter be shown that that officer did not call us to-
gether then the courts might decide our action to be
null The great measures which have been before us are
not yet acted on They demand our consideration He
would agree that all had due legal notice Of this
extra session Every one here had been suascenv no.
tifed but It is fact that some members not now in
the city have had no notice He doubted on this ac
count whether we had right to 90 on while they we're
ignorant Of the call of an extra session Other by
present in the city; they might be suddenly convened
and act upon grave questions without the knowledge
the majority A precedent this might result in great
action until every member of the Legislature has been
duly notified OF an extra session.
Mr.. CHAMrIIN (dem of Alleghany was surprised that
opposition to this organization should emanate from the
source 1t did After objectng this floor Yesterday on
OCCASIONS, prO al whi
the majority attempted effect the minority this morn
ing attempting to break up the session and destroy
the constitutional Of the House this after
pretending for weeks that they could consent to sepa
rate without settling by legislative action the great ues-
tion Of interest pending before the people, How do they
attempt to do this? By raising technical objections to
the form OF the proclama ton indulgng in violent
presumphoDs against the discharge Of official duty.
but has thrown around him the broad agis Of their
legal presumption; and the highest officer in the
state-the exccutive-clothed with important constitu
10 pH Gpnr
ton OF neglect of Official duty The power of the egsa
tive department Of the government is attempted to be
is not on file signed with the great seal Of the Statewho
say members not notified? We do not send official
post send them By the lightning wing Ths
copies served on members need not have the original SEAL
How the fact is cannot 10 not deem necessary
the objections are frivolous and unfoundedhe House is
constitutionay organized BE appealed to the represen
taes of the people Let not the spirit Of faction attempt
| the dissolution Of their government
Mr. BEMAN, (whg) Of Washington, denounced the en-
tire proceedings through which the House has called
together this morning The Legislature adopted
current resolutions to adjourn at O'Clock yesterday
afternoon At that hour the House the Speaker
instead dsclo ing the fact Of ADJOURNMENT permitted
the gentleman from Aegany MR. Champlin announce
that there were Senate resolutions the table II
the Speakers duty to that there Senate
allow any member to know what was on the Speakers
desk until he had informed the House Of it. Mr. B. rid
cued the idea that he he smallest member in the House)
| could defeat a large majority At four O'Clock the
Speaker had only one course to pursue, and that
was TO let his hammer fall and declare the House
adjourned. 1t was constitutionaly dead and it his
duty to say So Mr. b discaimed the responsibility Of
isquirng TINS extra session The majority here were
the last men no would call together to legate for the
people He had been assaied for his conduct but here
as elsewhere, ne would deend himself lie was willing
to go on for few days here, and egiate without pay
was nc responsible for the can OF an extra session. when
this was printed and in the hands Of the
ocera of the House before ne to the motion OF
MI Cnampnn! NO Legislature nad ever SO much neglect
cd IT'S duties the present-its conduct had been most
dsgaceful He asked the majority not to snrk the res
Mr. BtRN (Hhig) OF Essex, disclaimed the idea that
party had or ought to nave anything to do with ths
queston peiore the House IL was clearly constitu
onal 1t is not the legal presumption, has been
said that the action OF public must De re-
gardtd as properly peIfomed-the presumption is, that
when the matter is fair its face all is proper. The
PROCLAMATION should have been properly signed sealed
and filed in the Office Of the Secretary Of State Then the
proclamation would re pr'ma tne good unless rebuttng
testimony were brought IN to shcw that this had been
wrongly done or cone at the wrong time For instance
sgned ana ed before the hour oil four yesterday after
neon, the proeanaton was VOID. because at the time
was void unless performed after that hour for the Coy
eIMor eau only act IA pursuance Oh iW nc may iesau
call an extra session before the adjournment he might
Lave oone :. on Ihe NJ ". VI january Mst' AZ ~ may oe
come judicial question the House. before going on
;sd mae'n'i 'Ao piooa'n''on nau peel
cons.nuuona.y nss n,nmy Issued Issued p. !
MT. oBEkS ldem) OF Kings, SAID that at tns , time O
yesterday was 10 ne presumed tnat every
member of the house was present. This the lega
presumption whether they were mere or not. Then al
hsu pten properly bouned
Mr. HcKox, (dem) of Cattaraugus, called the previous
quesuon.
MI. BURROUGHS rose to question OF order
tne cnalr mas ascluea INA. .ne nonse !
acting Under ITS customary rules, and the gentleman
cannot state his point OF order except on appeal ron
the decision OF the char Does the gentleman take al
APPEAR
Mr.. BuRRoCGis-l wish to read the rule under which
Hhs IN apFeai' :,
The SPEAKER said the question on sustaining til
cal q the the previous & question
UT peho.ohs caIeu thc ayes anu noes. >, ;, :,
Mr. ILIT1 sJoHN wished to know by what authority tn
sIeaheI mao put the previous question: whe the House
was without rules:
me sPkAKsS-Why, II we are without rules, does the
genuemah auuress lne chaliY
MT bukRo.Gh Ghs-inat point mas Deen raised, ana tht
| ephker Woud not entertain the quesuon.
| hr. lHlihJohN-i auuress tue speaker as III act VI
| courtesy. - =,
Inc SffAkff-he oierK VIII can the Ioil.
Mr. SHAW name peipg caeu ne salu ne oso hot WISH
70 maze any trouDe ne couu hener Vo,e or ask 70 oe
io ne Tou ~. leoosass .he ausnoiy VI 'ne
speaker 10 cal the previous question.
Aoeveral members cneArea tnese reinarks. -
me srhAsiA ueidhueu wne.her lie gensea IN aro m
Orleans had been guilty oil ths gross outrasef (No re-
sponse2 ,..,
Mr, saA" contmueo out was uArecleo oy lie ePeaAef