Arkansas true Democrat., 1859-03-16

In the afternoon of the 2lst, Hon. MT. McKean, ot Sevier county, introduced the following pream- bic and resolutions:
 HEREAs, It IS apparent from what has tran splred today m the House, there will be no quo- rum on tomorrow, and it is uncertain when quo rum wil De present, unless some action is taken by the House. Therefore,
 Be n fesotoed, That the General Assembly of the State oi Arkansas take a recess after the 2Ist Gay or December, lc5c, to the 10th day of January leo9, that We may be able to have a quorum pre- sent for the transaction of business
 lie haynE previously submitted it to Mr Sneak CT Oates Who advocated its adoption, and solicited members to vote for it, of which have the proof | Immediately upon the adoption of the resolution. it was communicated to the Senate. and t5qt was voted down, on the same afternoon. After supper. It was reported that the Governor would adjourn the General Assembly ly and large number of the members left for their respective homes on that night. The next day, we had but 36 members in the House; n the afternoon, gave notice that I would, on the following morning, move a call of the House, on the following grounds:
 l. '' That indefinite leave of absence expires whenever the member acts with the House. after it granted, or whenever the presence of the absen- tee is required to make quorum. 3 The House cannot grant leave of absence to sufficient num- | Der to reduce It below quOrum-in other words it cannot destroy itself by such process 2. That we have the right there being less than a quorum pre- sent, to call the House and send for the absent | members-this being constitutional power f. That the most liberal construction which ought to he given to an indefinite leave of absence, i. that it does not extend beyond the day il is granted" The second proposition. the Speaker promptly 1 sustainei Bnt on the following day. having left a sick bed to attend the House. learned before reach ing the State House, that the Governor would ad- Journ the General Assembly to the l7th January a longer tune than proposed by any of the resolutions hastily drew up protest against the adiournment which was signed by myself and several other mem bers, but as the House adjourned by the Sneak i CT immediately upon the reading of the Governors message, the privilege of spreading it unon the journal was denied us. The journal will show that | opposed the recess at all times, and before and during, as well as since maintained that it was an l unWlse, lneXpeIient and eXtlavagant sten estlb- fishing dangerous precedent, and wastefullv ex- pending large sum oi money. protested against the Governors action, because it was not necessa- rily demanded of him by the circumstances and because 1t Was extending the time of the recess be- yond the period asked for by the House. and for other reasons set forth in the protest, which has been published. l remained at the capital during the recess. anu my opinions were no secret-alwavs conendng that if 1t should be decided that the re assembling the General Assembly was but a conti- nuation of the same session, the members would be entitled to ther per diem during the interval, be- cause the recess was and must be held part of the session. am supported in this position by the re- port of majority of the judiciary committee of the Senate, made on the 1th of February le59 by their distinguished and learned chairman Gen. Gaines. Senator from Chicot,) in which he states that, majority of the committee were fully sa- tIshG amt decided, Ill their opinion. that this Ge- neral Assembly Is the same that and assembled under the constitution, the first Monday of No VemDer, leoo, and that no recess that may have been taken tt any time, has ill manner affected lts constitutional existence, but that the same is one ehtlre StSsion-ferIecting the unfinished bus ness begun at tine commencement; and that no re cess when may nave been taken, has in any man Ter aheetel the pcr diem pay or mileage but tha the members ot this General Assembly are entiHeG 70 t"ir per GicR. 0s usua for the Icbole session. m cluding t1e aIJoarnmem The minority concmreC with the majority in every thing but the pay-the, holding that the members were entitled to mileage for going home and returning during the recess The Senate by vote of 5 to adopted the repor ot the majority, and rejected the minority report thereby emphltcaliy affirming the legal right 0 members to their Ter diem pay during the recess which decision stands unreyerscd
 lu spite Oi this decision of the Senate. that th whole time. from lst Monday ill November includ ing the recess, was one entire session. Mr. Date round!v asserts, that during the recess there wa no General Assembly," Ii he is correct, and i can be established that there was period of tim between the first Monday of November, 1858, an, IIle 1'lh day or January, lc09, when there was m General Assembly, it follows, that it was not on entire Sessl0H-but, that after the Eth of January leo9, 1t Was new session, convened by the procla nation Ot the Governor, and all of our acts, com menced before, and finished afterwards, are void.
 lr. Oates says that, ( in the face of his deci sion, that the members of the House were not er tlteu to their per diem pay during the recess and the face of the fact. that ohm J. Clendenin Judge had sustained his decision, the House passed tn resolution which caused his resignation From thi, you would be ied to conclude, that the majority c the House and myself had persisted in our deman for the per diem, after judicial decision against The following letter, from Hon. John J. Clendenin will show that the assumption that he sustaine Mr. Oates decision, is Untounlel; for a perlSal o his letter will satisfy auv one that the question right to their per diem during the recess, was nc entertained by Judge Clen!cnin-he having decide that the remedy sought. wgs, by the constitution c the State, beyond the reach of his judicial authc rty.
 LITTLE RoCK ARK.
 February r, 1859. SIR-I have the honor to acknowledge the rt ceipt of your communication of yesterdav, in whic you desire to state whether did ;n refusing tn writ of m.ndamUs a-ked for by you against tn Hon. o. II. Oates, Speaker ot the House of Reprt sentatNes, decide on the merits of the claim fc per diem during hereces4.''
 Upon considering the petition presented to me your name by attorneys the first question that sua gested itself was, my authority to issue a WI oG mandamus against the Speaker of the House ( Representatives. On reflection and investigation was satisfied that had no authority to do so-thf the acton Of the Speaker in refusing to certit your account could not be controlled by the inte position ot writ of mandamus, because he wa