Mr. Vandevender offered a resolution, requiring the House to pronounce the office of county surveyor not vacant, at the time when a nomination was made by the House, to fill said office.

Mr. Vandevender, apologized to the House for announcing a vacancy in that office, when, (as he had since ascertained,) there was in reality no vacancy.2

Mr. Thomas, offered an amendment to the Resolution.

Mr. Webb said, It was true a new surveyor had been appointed, but as surveyors hold their offices during good behavior, and as mistake, not misbehavior, had caused the old surveyor to be superseded by a new one, it followed that the old surveyor was in reality, the only officer the law could recognize; and if the new one should attempt to act in the office, he could be removed by a Quo. warranto.

Mr. Lincoln said, That if, as appeared to be the opinion of legal gentlemen, there was no danger of the new surveyor’s ousting the old one so long as he persisted in refusing to die—he would suggest the propriety of letting matters remain as they were, so that if the old surveyor should hereafter conclude to die, there would be a new one ready made without troubling the legislature.

Mr. Stuart offered an amendment to said resolution, striking out all after the word Resolved, and inserting a provision requiring the House to rescind their nomination to that office, and requesting the Senate to rescind their appointment; said amendment was concurred in, and

On motion of Mr. Thomas, the resolution was laid on the table.