Was read a second time, and To amend the bill, by adding the following section: "SEC.. That the fourth clause of the first section of the first article; and also, the 4th clause of the first section of the 2d article of the act to which this act is amendatory and explanatory, be, and the same is hereby repealed." Which was read the first and second times, and The question being on ordering the ryder to be engrossed, and read a third time. Mr. Gordon requested the eyes and nays, which were ordered, and the question decided in the negative-ayes 20, nays 38. Ayes-Messrs. Alford, Bowlin, Brawley, Cravens of Pettis, Edwards, Ellison, Emmons, Fewell, Hancock, Hunter, King, Layton, Minor, Redman, Smith of Clinton, Smith of Washington, Thompson, Wilkerson, Williams, and Mr. Speaker. Nays-Messrs. Alexander, Bay, Blythe, Bradshaw, Canole, Chambers, Coalter, Cravens of Madison, Curle, Doniphan, Fulkerson, Gordon, Groom, Head, Holloway, Hutchison, Jackson, Jones, Mitchell, McGunnegle, Maupin, Morris, Netherton, Penn, Price, Persell, Simmons, Snyder, Taylor, Thomas, Thornton, Watts, Wilson of Van Buren, Woodson, Woolfolk, Wright of Marion, Wright of Warren, and Young. Absent sick and with leave, as above stated. Absent, Messrs. Barnes, Burns, Caldwell, Clark, Detchemendy, Duncan, Gray, Holliday, Kelly, Monroe, Shannon, Turner, Wilson of Barry, and Wright of Pike. Mr. Wright, of Marion, moved, To amend the bill, by way of ryder, by inserting the following, after the third section of the first article: "SED. 4. Any creditor having sued his debtor in any action of debt, covenant, or trespass, on the case on promises, by summons and without original attachment may, at any time pending such suit, and before final judgment therein, file in the office of the Clerk of the Court, in which the suit is pending, such affidavit as is required by the second section of the first article of the act aforesaid, for an original attachment, and sue out a writ or writs of attachment against the property, effects, and credits of the defendant, which suit shall be entitled, in the cause pending, and be in aid thereof, the form of such mrit shall, as well as may be, conform to that of original attachments, they shall be served and returned in the same manner, and the like proceedings shall be had thereon, as are required or allowed on original attachments in all things, as near as may be. "SEC. 5. The thirty-fifth section of the first article of the act aforesaid, is hereby repealed." Which was read the first and second times, considered as engrossed, and read a third time. Mr. Bowlin moved, To amend the bill, by way of ryder, by adding the following sec tion: SEC. In all cases, where the property of any person may be attached, under the provisions of this act, or the act to which this is amendatory, he, she, or they, may file, by themselves, or by attorney, a plea, in the nature of a plea in abatement putting in issue ihe truth of the affidavit, upon which such attachment was sued out, and if the issue of fact be found for the plantiff, the cause shall then proceed as other causes in attachment; but if said issue be found for the defendant, the suit shall be dismissed at the costs of the plaintiff, and the said plaintiff shall be liable upon his bond, as is provided in other cases." Which was read the first and second times. Considered as engrossed, and read a third time, and The bill, as amended, then passed. "A bill to license brokers." Was read a third time. Mr. McGunnegle moved, To amend the bill, by way of ryder, by inserting, after the word "Exchange," in the third line of the first section, the words "or shall make it a business to loan money or bank notes, or deal in exchange,' and by inserting after the word "Broker, in the sixth line of the second section "or any prrson who shall perform the functions of a broker." Which was read the first and second times, and Considered as engrossed, and read a third time. The question then being on the passage of the bill, as amended, Mr. Redman requested the ayes and nays, which were ordered, and the question decided in the affirmative-ayes 36, nays 10. Ayes-Messrs. Alford, Barnes, Bay, Bowlin, Bradshaw, Brawley, Chambers, Clark, Cravens of Madison, Cravens of Pettis, Curle, Edwards, Emmons, Groom, Head, Hunter, Hutchison, Jackson, Jones, King, Layton, Mitchell, McGunnegle, Maupin, Minor, Morris, Netherton, Price, Smith of Clinton, Thomas, Thornton, Williams, Woolfolk, Wright of Marion, Wright of Pike, and Mr. Speaker. Nays-Messrs. Ellison, Fulkerson, Hancock, Holliday, Monroe, Redman, Smith of Washington, Wilkerson, Wilson of Van Buren, and Woodson. Absent with leave, and sick as above stated. Absent, Messrs. Alexander, Blythe, Caldwell, Canole, Coalter, Detchemendy, Doniphan, Duncan, Fewel, Gordon, Gray, Holloway, Kelly, Marlin, Penn, Persell, Shannon, Simmons, Snyder, Taylor, Thompson, Turner, Watts, Wilson of Barry, Wright of Warren, and Young. "A memorial to Congress respecting Led Mines." "A bill for establishing and keeping in repair the roads in the county of Pike,” and "A bill from the Senate, entitled "An act, supplemental to an act, to license Auctioneers, and impose a tax on licenses and sales, approved February 26th, 1835," and "A bill to defray the funeral expenses of members of the General Assembly," Were severally read the third time and passed. The Speaker laid before the House, the following communication from the Governor: EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, To the Honorable, the House of Representatives: GENTLEMEN-I have this day approved the following acts: "An act to incorporate the Hannibal, Paris, and Grand River Rail Road." "An act to incorporate the Boonslick Marine and Fire Insurance Company." "An act to dissolve the bonds of matrimony existing between Joseph Hamilton and Rebecca Hamilton his wife." "An act to incorporate the Liberty Rail Road Company," and "An act to establish the Pike Academy." Most respectfully, Your obedient servant, LILBURN W. BOGGS. On motion of Mr. Price, The communication from the Governor, which was this day laid upon the table, was taken up and read. "A bill to provide for enclosing and erec ing Tombs over the graves of the Hon. Yelverton O'Bannon, and the Hon. Hardy Allard." Was read a third time. Mr. Chambers moved To amend the bill by striking out the words, "and to be four feet wide," in the 10th line of the 21 section, and inserting "one half," between the words "foot" and "below," in the 6th line of the second section, and striking out the word "four," in the 7th line of the same section, and inserting "three," Which was read and agreed to, and The bill as amended, then passed. The Speaker laid before the House the following communication from the Governor. To the General Assembly: EXECUTIVE DEPARTMENT, GENTLEMEN-At the request of the Board of Aldermen of the City of St. Louis, I here with lay before you, the enclosed communication: Most respectfully Which was read, and On motion of Mr. King, Your obedient servant, LILBURN W. BOGGS. Laid upon the table. And then the House adjourned. WEDNESDAY MORNING, FEBRUARY 1, 1837. The House met pursuant to adjournment. Mr. Clark from the joint committee on enrolled bills, reported that said committee had examined and found truly enrolled "An act to amend an act entitled an act, to provide for levying, assessing, and collecting the revenue. Mr. Barnes from the same committee, reported that said committee had examined and found truly enrolled "An act to incorporate the Southeastern Rail Road Company." "An act supplemental to an act, to license Auctioneers, and impose a tax on licenses and sales, approved February 26, 1835," and "An act to incorporate the Bailey's Landing Rail Road Company." Which were signed by the Speaker and transmitted to the Senate. Mr. Layton asked and obtained leave of absence for Mr. Burns, during the remainder of the session. Mr. Clark presented the petition of Mr. King and others, asking for a charter of the Western association of natural sciences. The reading of which, was on his motion dispensed with, and It was referred to a select committee, composed of Messrs. Clark, Jones and Watts. Mr. Bowlin presented the petition of J. R. Stiene, praying that the expenses incurred by him as collector of St. Louis county, in transporting specie to the seat of Government, and his per centum on moneys collected upon duties on auctioneers, which he has not received, by reason of an error in the amount of revenue arising from said duties, as certified to the Auditor of Public Accounts, be refunded, and On his motion, The reading of the said petition was dispensed with, and it was referred to the committee on Claims. On motion of Mr. Speaker, The committee of the Whole were discharged from the further consideration of a bill from the Senate entitled "An act for the relief of James S. McCuistion," and Said bill was read a third time. Mr. Bowlin moved, To amend the bill by inserting the following section: SEC. That the said James S. McCuistion is hereby allowed the further sum of thirty six dollars and eighty seven cents, by way of drawback for money paid into the Treasury upon the non-resident. list, and the Auditor of Public Accounts is hereby authorised to draw his warrant in favor of the said James S. McCuistion, for the above amount, to be paid out of any money in the Treasury not otherwise appropriated." Which was read and agreed to, and The bill as amended then passed. On motion of Mr. Hancock The committee of the Whole were discharged from the further consideration of a bill from the Senate entitled. "An act for the relief of the heirs of Finis W. Shanuon, and the guardians of the said heirs." Which was read the third time and passed. On motion of Mr. Speaker, The previous orders were passed over and "A bill to regulate, govern and discipline the militia of the state of Missouri," Was read the third time, and On motion of Mr. Clark, Referred to a select committee of eleven, whereupon, Messrs. Clark. Smith of Washington, Canole, Coalter, Hancock, Young, Hunter, Fewel, Jackson, Watts and Cravens of Madison, were appointed that committee. Message from the Senate by Mr. Bowen. MR. SPEAKER-The Senate insist on their amendment to a bill from the House entitled: "An act to incorporate the St. Louis and Fayette Rail Road Company," and Have passed bills from the House entitled, "An act to incorporate the Bailey's landing Rail Road Company," "An act to incorporate the Palmyra and Marion city Rail Road Company." The Senate have concurred in the report of the committee of conference relative to a bill entitled, "An act to provide for building a Capitol and for other purposes," And have rejected a bill from the House entitled, "An act providing for the call of a convention," There has been introduced into the Senate, a proposition to abol-. ish the 3d article of the constitution of this state. Also, A resolution directing an enquiry into the title of the State to the square commonly called "capitol square;" whether the state has ever |