Whereas it appears to this house from two several messages of his Excellency the Governor,1 and from a communication of a majority of the members of the Council of Appointment,2 that the said Council have not been convened since the 24th of Feb. last, for the performance of the duties committed to them by the constitution;— and that a controversy has arisen between his excellency and the council respecting the right of nomination, which has created a new and unprecedented crisis in our public affairs; — that notwithstanding speculative differences may hitherto have existed between the former Governor and former Councils on this subject— yet, that in practice, the business of appointments was never suspended;— and that the present is the first council, assembled under the present governor’s administration, who have ever experienced any embarrassments in the execution of their official duties.— And whereas, by the constitution and laws of this state, at fixed periods, certain appointments are enjoined and required to be made— yet the judges and justices of several counties, the mayors of the four cities, eight sheriffs, the auctioneers of this State, and a number of other officers have not been appointed at the times prescribed by the said constitution and laws— and whereas, a high responsibility must rest either on his excellency or the council, and such injurious consequences may result as will induce the next house of assembly to prefer an impeachment against the delinquent or delinquents— and whereas, the senate principally compose the court for the trial of impeachments— and whereas, the legislature have by passing a law for calling a convention, made the only provision in their power for the correction of this evil— and whereas, this house did, on the 27th of February last adopt the following resolution, to wit: “Resolved, as the sense of this house, that the legislature have no authority to interpose between the executive and the members of the council of appointment, touching the right of nomination or to pass a declaratory act defining the powers of the said council, or prescribing the manner in which the same shall be exercised;”3 which resolution was transmitted to the hon. the senate:— and whereas, since the passing of the said resolution the honorable, the senate have transmitted to this house two resolutions,4 having a tendency to produce an interference in the said controversy,

Therefore,

Resolved, that this House do persist in their said resolution, and that any expression of opinion on the merits of this controversy by either branch of the legislature would be highly exceptionable and derogate from their true dignity.

The words in Italic were stricken out before the final question was taken on passing the Resolution.5