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SENATE CHAMBER,
January 6, 1845.

To the Speaker of the House of Representatives:

SIR: I am instructed by the Senate to transmit a joint resolution, relative to postage of officers and members of the legislature, also a joint resolution authorizing the Governor to appoint a Private Secretary, also a joint resolution to joint rules, which the Senate have adopted, and respectfully ask the concurrence of the House therein.

Also, to inform the House that Senators Smith and Denton have been appointed a committee on the part of the Senate to join a like committee on the part of the House, to inform the Governor that the two houses are organized and ready to receive any communication he may please to make.

On motion of Mr. Schwarz,

JAMES E. PLATT, Secretary of Senate pro tem.

A committee of two was ordered to be appointed on the part of the House, to act with the Senate committee, and wait on the Executive, and inform him that the two houses were now organized and ready to receive any communication which he should make.

The Speaker appointed as such committee Messrs. Schwarz and Cartter, who after a short absence, returned and reported that they waited on the Executive, in accordance with their instructions, and had received for answer that he would communicate with the two houses in writing.

Mr. Power moved that the Speaker be authorized to appoint two messengers and one fireman, at a salary not exceeding one dollar and fifty cents per day.

Mr. A. S. Johnson moved to amend by striking out "two" before "messengers," and inserting "three," which amendment was lost. The question then recurring on the motion of Mr. Power, it was decided in the affirmative.

On motion of Mr. Pratt,

The rule was suspended, and the joint resolutions sent down from the Senate were severally read three times and adopted.

The annual message of the Executive was received by the House, through the hands of Mr. Brodhead, the Governor's Private Secretary, and was read by the Clerk.

On motion of Mr. Pratt,

Resolved, That the Governor's message be laid on the table, and 2000 copies be printed in the English language, 500 in the German, and 500 in the French.

On motion of Mr. MacLeod,

The House adjourned till to-morrow at ten o'clock.

Tuesday, January 7, 1845.

The House met pursuant to adjournment-a quorum present. The Hon. Wales Adams, member elect from the county of Branch, was announced to be present, and Mr. Adams thereupon appeared, was qualified, and took his seat.

Mr. MacLeod, from the select committee to investigate the claims of the gentlemen from Lenawee county, contesting a seat in this House, made the following report:

The select committee to whom was referred the contested election between Henry Wyman and Thomas Kealy, from the county of Lenawee, beg leave, under the rule, to report the following state of facts, and the opinion of the committee upon the same.

Thomas Kealy, in support of his claim, presented the published statement of votes given for representatives to the State Legislature in the several townships of Lenawee county; by which statement it appears that in the whole county he had received 2211 votes, which gave him a majority of 206 votes over the other claimant, Henry Wyman. By the same published statement it further appears that 306 votes were cast for one Henry A. Wyman, of which 301 were given in the town of Tecumseh.

Mr. Kealy further, in support of his claim, presented the certificate of the county clerk, certifying to the election of Thomas Kealy, as patent in the certificate of the board of county canvassers, of record in the office of said clerk. Such was the entire evidence on the part of Mr. Kealy.

Mr. Wyman, on the other hand, alledged that through a clerical error of the township clerk of Tecumseh, 301 votes, which had actually been thrown for himself, were returned to the board of county canvassers as having been given to one Henry A. Wyman.

In support of his averment, Mr. Wyman presented an affidavit signed by the inspectors of elections for the township of Tecumseh, and setting forth unequivocally that 301 votes were cast in that township for Henry Wyman, and that no vote was given for Henry A. Wyman.

The committee further examined Messieurs Blair and Eastman, representatives of the county of Lenawee, in relation to the manner in which the error occurred.

Mr. Kealy did not attempt to controvert the facts in the case, but relied upon the following points. 1st. The legislature cannot go back of the certificate of the county canvassers in determining the election of its members: and, 2d. That the affidavit presented by Mr. Wyman was not sufficiently authenticated, being without seal. From all the facts, the committee were unanimously of opinion that the 301 votes of the township of Tecumseh were actually cast for Henry Wyman, and should be added to the 2005 given to him in other townships, which would give the said Wyman a clear majority of ninety-five votes over Mr. Kealy.

The committee are further of opinion that no question can arise in relation to the right of a legislature to go back of any certificate. On this point the constitution of the State is express and unequivocal: "Each House shall judge of the qualifications, elections, and returns of its own members."-Art. iv, Sec. 11.

In relation to the want of a proper authentication of the affidavit of the inspectors of election, your committee were fully satisfied by the evidence of Messieurs Blair and Eastman.

They therefore respectfully and unanimously recommend to the House, that Henry Wyman shall be deemed duly elected, and be forthwith admitted to his seat in this House.

The Report was accepted, and Mr. Wyman thereupon appeared, was qualified, and took his seat.

NOTICES.

Mr. Pratt gave notice that he should at some future day ask for leave to introduce a bill to provide for the sale of the Southern and Central Rail Roads, and for liquidation of the state indebtedness. On motion of Mr. Bancroft,

Resolved, That the Clerk be requested to furnish members with

such newspapers as they may direct, not exceeding the price of two daily papers.

On motion of Mr. McLeod, the House proceeded to the election of a Sergeant-at-Arms, with the following result:

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The House proceeded to the election of an Engrossing, Enrolling

and Recording Clerk, which resulted as follows:

For GEORGE W. JEWETT,

Mr. Hazelton,

Humphrey,

Mr. Andrews,

Mr. Ransom,

Arnold,

Rose,

Adams,

A. S. Johnson,

Roof,

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Mr. Bancroft offered the following resolution:

Resolved, That the House do now proceed to the election of a door-keeper. Lost.

Mr. Vickery offered the following resolution, which was adopted: Resolved, That the Secretary of State be instructed to furnish each member with a copy of the revised statutes, the journals and documents of the last session, and of all the session laws.

The journal of yesterday was now read and amended.

The Speaker announced the appointment of Messrs. Harvie and Vickery a committee on the part of the House, in pursuance of the joint resolution of yesterday, on the sobject of postage of the members and officers of the House.

On motion of Mr. MacLeod,

Resolved, That a select committee be appointed to revise the rules of the House, and

The Speaker thereupon appointed Messrs. MacLeod, Vickery, Pratt, Stone and Blair, said committee.

The Speaker announced the following communication from the Auditor General :

AUDITOR GENERAL'S OFFICE,
Detroit, January 7, 1845.

To the Speaker of the House of Representatives:

SIR-I have the honor herewith to transmit to the House of Representatives my Annual Report for the fiscal year ending 30th November, 1844.

Most Respectfully,

Your Obed'nt Servant,

C. G. HAMMOND, Auditor Gen.

Also the following communication from the Commissioner of the State Land Office:

STATE LAND Office,
Marshall, January 6, 1845.

}

To the Speaker of the House of Representatives:

SIR-I have the honor herewith to transmit to the House of Rep

resentatives my Annual Report for 1844.

I am Sir, very respectfully,

Your obed'nt servant,

D. V. BELL, Commissioner.

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