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

bill; and the Senate took to o'clock.
Assembly.
Albany, April H. 1853.
THK OPENING PRAYER,
At 10 O'Clock the SPEAKER called the House to ORDER
and the proclamation of the Governor convenng the
extra session, read by the Clerk.
Prayer by the Rev. Dr. WYcEoFF.
THE EXCITEMENT COMMENCING.
Mr.. BURROUGHS, (nd. dem.) of orleans-I rise to a
question of privilege.
MIR. LouSsBuRY, (dem of Ulster-I rise to a question
of privilege.
The SrTAKER-The Clerk will call the roll Of members
The Clerk read the list, and hundred and fifteen
members were present.
HAS THE EXTRA SESSION BEEN CALLED IN CONSTITUTIONAL
MANNER.
Mr.. BuRRoUGHs-We here under novel circum.
stances might wish to know whether the
organization was properly organized, lawfully and
constitutionay convened 1t necessary to settle ths
latter point Had the legislature adjourned sine die il
could not revive ITSELF 1t could only be reconvened by
the Governor What constitutional requirement is there
this point This he would call the wise members
Of the House to determine He thought there was no
right the part 0 the Executive call an extra session
while the Legislature already in session. The pro-
clamaton convening the Legislature prepared before
the adjournment lie can call the Legislature together
cu cAlIhoiuinaIy UCCusoHs lHeH Wnat constitutes o
pocamatons The simplest process issued by the county
courts must contain the official title of the officer issuing
it. There is nothing in this PROCLAMATION to show that it
inmation that it issued by the Governor and the
fact that done by him Eeeds to be by
testimony. He would leave this to the House. II law
fully assembled the House should proceed to bushes,
If not let it. as convention inform the Governor of the
fact that he may call us together in constitutional
manner.
Mr. LOOMS (dem.) of Herkimer, offered the following
resolutions =
Resolved That COMMITTEES S two appointed by tho
vened pursuant to the call Of the Governor ready
COMMITTEES on we 10 sy
Chair upon Senate and inform that body that
this House WINS convened pursuant to tho call Of the
snd Is ready Sy business
The Sergeant at Arms announced message from the
Alessrs. McMuRRAY and CLARK informed the Speaker
that the Senate had assembled and were ready to
Mr. LOOMS said the constitution designated no precise
formula by which the legislature should be convened.
He had done In pursuance of his notification
here. The roll has been called. quorum is present.
This all that is essential Mere technical objections
under the circumstances, we're useless In adjournng
the Legislature merely adjourned without designating any
day when they would assemble again. The Governor
steps in and supplies the deficiency He tells to day
is the day and here The session is surely
nued and we are to go on in exactly the same
though bad adjourned to this morning instead of ad
journng sine die The only difference there could be
that the House receiving pay instead of sitting with
out pay After the liberal compensation given all the
officers OF the House, he imagined members would not
this, feel bad, II " constructive
mileage" should be included. All the House had to do
to notify the Governor and Senate thait was ready
to go on with business.
Mr. D. B. TAYLOR, (dem) of N. Y. said the technical
objection made here not well taken No doubts
that Gov Seymour issued the proclamation The printed
notices they had received quite authoritative asa
notice they might in the newspapers calling extra
session.
Mr.. saAw (dem) Of N. T., had single suggestion to
make. Exception has been taken to the form of this
proclamation but 1t Is entirely competent for the House,
by the passage of The resolution before it, to supply
deficiency in form 1t recognises the person Governor
who issued this proclamation.
Mr. l. OsGooD, (dem) of Chenango, moved the pre-
yous question ION the adoption Of the resoluton(
Mr. BURROUGHS said this privileged queAtion, and
the previous question could not be called
The STEAMER decided otherwise
Various gentlemen requested Mr. 0sgood to withdraw
the motion for the previous question.
Mr.. sUAw.-He has no right to withdraw 1t; he had no
right to offer H. the Speaker had right to entertain IT,
Mr. LnTEJoHN (whig), OF Oswego insisted that the
House not constitutionaly convened
Mr. HASTINGS (whig), of Monroe considered this grave
question. Though not entirely confident in his own
views he would state them. The accident which termi
mated the session pretty well arranged for acci
dent. The Governor has called togetherthe consti
tuition does not prescribe the of this call We
must then resort to usage. The usage which has for
centuries prevailed Is to issue proclamation and have
IL published in the official paper, and that has been
garded n sufficient notification. When ordered
TO convene II Is presumed scattered II is not
sufficient that those members who alone in the city
should be notified Of the extra session. Those ut the-
homes should also be notaed-Nll must be aouneA