seven. Special terms are expected to be held in the several counties in which the above mentioned crimes are represented to have been committed. Grand juries will then have those charges against said people before them, and must act upon the same documentary evidence, which your committee would necessarily be compelled to examine-by which circumstance two co-ordinate branches of this government may be brought in collision, a contingency that should be studiously avoided and cautiously guarded against. Another insuperable objection that has presented itself to the minds of the committee, and which would induce them to suspend any investigation, under present and existing circumstances, would be the consequences likely to result from the publication of their report. Those persons who have been sent on for further trial, have guarantied to them the sacred and constitutional right of "a speedy trial by an impartial jury of the vicinage," and if the guilt of the accused should be confirmed by the report of this committee, it would so prejudice public sentiment against them, as would deprive them of that right, which should not be taken away by any consideration involved in this inquiry. If the committee were to find it necessary in the prosecution of their object, to have access to the papers, documents, &c. connected with this difficulty, the probable interference of the several courts being in session, might seriously interrupt their views. It might reasonably be expected that all the evidence of every description, would be in the possession of the courts to be used on the final trial, and by that means the investigation would be protracted to a much greater length, than would be necessary under different circumstances. They would therefore recommend, in order to avoid all the difficulties that have been presented, that a committee, after the adjournment of the General Assembly, go into the vicinity of the scene of difficulties, and make their investigation, and report at such time and in such manner as the Legislature may direct. If this course should be adopted, the committee believe that the session would be much shortened and heavy expenses saved to the State, which otherwise would necessarily be incurred, in sending for witnesses and bringing them from so great a distance. By a resolution of both houses, a special Message of the Governor in relation to the subject of inquiry, with the accompanying documents, was referred to this committee, with instructions to select such documents as in their opinion ought to be published with the message, and report to their respective houses. The committee after a full consideration of the subject, with a due regard to its importance, are of opinion that it is inexpedient at this time to publish any of the documents, under the authority of the General Assembly, and submit to the two houses the leading reasons for that opinion. The documents may be divided into several classes. 1st. The affidavits and correspondence preceding each series of authorized military operations. 2nd. The orders issued upon such evidence. 3rd. The military operations and correspondence consequent thereon; and 4th. The evidence taken before a court of enquiry, held for the investigation of criminal charges against individuals. It was found by the joint committee at an early period after their organization that in order to a full and satisfactory investigation of the subjects referred to them; a mass of additional testimony oral and written, would be required. This becomes apparent to the committee from the contents of the documents referred to them. Those documents, although they are serviceable in giving direction to the course of enquiry, are none of them except the official orders, and correspondence, such as ought to be received as conclusive evidence of the facts stated, nor are their contents such as would without the aid of further evidence, enable the committee to form a satisfactory opinion in relation to the material points of the enquiry. The copy of the examination taken before the criminal court of enquiry is manifestly, not such evidence as ought to be received by the commit tee. Ist. Because it is not authenticated, and 2nd. It is confined chiefly to the object of that enquiry, namely:-The investigation of criminal charges against individuals under arrest; for these reasons but above all for the reason, that it would be a direct interference with the administration of justice; this document ought not to be published with the sanction of the Legislature. The committee concludes, that it would not be proper to publish the official orders and correspondence between the officers in command, and the executive, without the evidence on which they were founded, and that evidence is not sufficiently full and satisfactory, to authorize its publication.. To publish the whole together, might tend to give a direction to the public mind prejudicial to an impartial administration of justice in pending cases, while it will not afford the means of forming any satisfactory conclusion, as to the causes of the late disturbances, or the conduct of the military operations in supporting them. The committee therefore recommend to cach house to adopt the following re solutions: Resolved, That it is inexpedient at this time to prosecute further the enquiry into the causes of the late disturbances, and the conduct of the military operations in suppressing them. Resolved, That it is inexpedient to publish at this time any cf the documents accompanying the Governor's message in relation to the late disturbances. Resolved, That it is expedient to appoint a joint committee, composed of Senators and Representatives, to investigate the causes of the said disturbance, and the conduct of the military operations in suppressing them, to meet at such time, and to be invested with such powers as may be prescribed by law. On motion of Mr. Ashby, The report together with the resolutions Was laid on the table. Mr. Campbell asked and obtained leave to introduce, A bill supplementary to an act respecting actions of ejectment, Which was read a first time, and Ordered to a second reading. Mr. Sterigere submitted the following: Resolved, by the Senate, the House of Representatives concurring herein, that the two Houses of the General Assembly, will meet in the hall of the House of Representatives, on to-morrow at ten o'clock in the forenoon for the electing a Warden of the Penitentiary; On motion of Mr. Jones of Cooper, The resolution was laid on the table. On motion of Mr. Hunter, The Senate resolved itself into a committee of the whole House, Mr. Rawlins in the chair, purpose of After some time spent therein the committee rose and the chairman reported that the committee had had under consideration, A bill supplementary to an act to incorporate the Osage Mining and Smelting company; An act to incorporate the Washington Fire company; An act to establish a State road in Franklin county; A bill supplementary to an act to restrain gaming; Each of which the committee had instructed him to report to the Senate without amendments, also A proposition to amend the constitution of the State of Missouri; of; A bill supplemental to an act, entitled An act concerning the office of county surveyor, and defining the duties there Each of which the committee had instructed him to report with an amend ment. The report in relation to the Osage Mining and Smelting Company was agreed to, and The bill was ordered to be engrossed, and Read a third time to-morrow. The report in relation to The proposition to amend the constitution of the State, was agreed to, and The proposition was ordered to be engrossed, and Read a third time to-morrow. and The report respecting the bill concerning county surveyor, was agreed to, The bill was ordered to be engrossed, and Read a third time to-morrow. The report in relation to the Incorporation of the Washington Fire Company, and establishing a State road in Franklin county was agreed to, and The said bills were ordered, the second to be engrossed, and each read a third time to-morrow. The report in relation to the bill concerning gaming, Was taken up; Mr. Hunter moved to amend the bill by adding the following to come in as an additional section: The provisions of this act shail not be so construed as to extend to the tenth judicial circuit. Mr. Alford offered to amend the amendment by inserting the words "ninth and' before the word 'tenth', Which last amendment was rejected, Mr. Sterigere then moved an indefinite postponement of the bill and amendment, Which was decided afirmatively as follows: AYES--Messrs. Alford, Ashby, Byrd, Deguire, Gilliam, Grimsley, Hunter, Morin, Monroe, Noland, Pratt, Rawlins, Scott, Sterigere and Thompson--16. NAYS-Messrs. Campbell, Conger, Danforth, Darby, Gentry, Glascock, Hyatt, Jones of Cooper, Jones of Pike, Maupin, Mellvain, M.lier, Turner and Watts-1-1. Absent, Messrs. Montgomery, sick; McDaniel, and Penn, with leave. Reported as truly engrossed, A bill for the relief of Hugh Wells. On motion of Mr. Sterigere, The Senate took up the resolution and report of the committe on the Penitentiary, and On his motion They were severally agreed to. said; Mr. Monroe moved à reconsideration of the vote upon the resolution afore. The question, " Will the Senate reconsider the vote aforesaid? Was decided affirmatively. Mr. Monroc offered to amend the resolution by inserting after the word "Resolved", the following: "By the Senate, the House of Representatives concurring herein," Which was agreed to. The following message was received from the House by Mr. Williams: I am instructed to inform the Senate, that the House have concurred in bills from the Senate of the following titles: A bill declaring the county road leading from Brown's landing in the county of Perry, to Perryville in said county, to be a State road; A bill to authorize the county court of Madison county to appoint a county attorney. The House have also passed bills of the following titles, which are herewith submitted for the concurrence of the Senate: A bill to amend an act entitled, An act regulating Clerks; A bill to establish the Liberty Marine Fire and Life insurance company; A bill to define the boundaries of Barry county, and organize the county of Newton. The House have also adopted a concurrent resolution in relation to printing bills &c., which is herewith submitted for the concurrence of the Senate. The following enrolled bills from the Senate, have been severally signed by the Speaker of the House of Representatives, and are herewith returned for the signature of the President f the Senate. An act respecting assaults and batteries; An act to amend an act entitled, An act to incorporate the curators of St. Charles College; A bill for the relief of the collectors herein nanted; An act empowering the county court of Franklin county to erect a toll bridge. A supplemental act to an act entitled, An act to provide for levying, assessing and collecting the revenue; An act to appropriate money; An act for the relief of the collector of Jefferson county; An act to amend an act entitled, An act to regulate the Treasury department; And also, A memorial to Congress. Mr. President signed said bills and memorial, and they were delivered to the committee on engrossed bills to be presented to the Governor for his approval and signature. Mr. President laid before the Senate the following communication from the Governor: To the Senate, Executive Department, Gentlemen, December 18th, 1838. I have this day approved a joint resolution, appropriating money to pay for copying laws and journals. Most respectfully, Your ob't. servant, Mr. Ashby asked and obtained leave of absence for Mr. Penn. Resolved, That the committee of ways and means be discharged from the further consideration of the last paragraph of the report of the Auditor of Public accounts, and that that part of said report be referred to the committee on the judiciary, Which was adopted. Mr. Darby offered the following: Resolved, That so much of the Governor's Message as relates to the establishing of a separate bureau in the Auditor's office, for the purpose of taking charge of land matters, be referred to the committeee on the judiciary, with instructions to report by bill or otherwise; Which was adopted. Mr. President laid before the Senate, a communication from the present commissioner on the permanent seat of government, stating his inability at present to comply with the resolution of the Senate, in relation to a plat of the City of Jefferson, and suggesting to the Senate a survey, in order to prevent trespasses &c. on public lands; Which was read, and On motion of Mr. Grimsley, Referred to the committec on the permanent seat of Government. The Senate adjourned. WEDNESDAY DECEMBER, 19th, 1838. The Senate met pursuant to adjournment. Mr. Jones of Cooper, from the committee on Enrolled bills, Reported that the committee had presented to the Governor for his approval and signature, bills of the following titles: "An act empowering the county court of Franklin county to erect a toll bridge," "An an to appropriate money," "An act for the relief of the collector of Jefferson county," "An act to amend an act entitled an act, to regulate the Treasury Department, "An act to provide for levying, assessing and collecting the revenue," "An act for the relief of the Collectors herein named," An act respecting assaults and batteries," "An act to amend an act, to incorporate the Curators of St. Charles College," "A memorial to Congress on the subject of unsurveyed lands." Mr. Byrd asked and obtained leave to introduce, A bill to establish an academy in Jackson, in Cape Girardeau county, Ordered to a second reading. Mr. Sterigere from the committee on Engrossed bills reported as truly engrossed, A bill supplementary to an act entitled an act, concerning the office of county Surveyer, and defining the duties thereof, A bill supplementary to an act to incorporate the Osage Mining and Smelting company, and Resolutions to amend the Constitution. Mr. Sterigere submitted the following: Resolved, That the committee on the Judiciary, enquire into the expediency of repealing that part of the twenty-fifth section of an act concerning Jails and Jailors, as requires the Judge of the circuit court to issue a writ of Habeas Corpus, Which was adopted. |