Mr. Jarrott offered a resolution, instructing the committee on the Judiciary to inquire into the legality of Mr. Flood’s holding a seat in the Legislature, when he has been appointed to the office of Register of the Land Office at Quincy.2

Mr. Flood thanked the gentleman for the care he manifested for his reputation; acknowledged that he had been appointed to the office of Register; but believed that he did not come within the prohibition of the Constitution, as he had neither given bonds nor taken the oath of office.

Mr. English moved to lay the resolution on the table till the 4th of July next.

Mr. Jarrott disclaimed any unfriendly feelings towards the gentleman from Adams (Mr. Flood) and he was entirely welcome to all the solicitude that he supposed him to feel for his reputation.

Mr. Ficklin was glad the motion had been made to lay on the table, as it bro’t[brought] up the merits of the resolution. He gave it as his opinion, that no one could be said to hold an office, in any such sense as to exclude him from another office, till he had taken the oath, given bond, &c[etc].

Mr. Pace suggested that the gentleman who introduced the resolution, should withdraw it.

Mr. Williams hoped that he would not withdraw it. Had it not been offered, he should have offered a similar one, though divested of its personality; for, in wishing that the inquiry should be instituted, he was actuated by no unfriendly feeling toward his colleague, but a solemn conviction of duty alone. The appointment of his colleague has been announced in the public papers; and being looked upon as the incumbent of that office, he asked whether there was not room to apprehend the prevalence of that kind of influence here, which it was the object of the constitution to guard against ? In supporting the resolution, he felt that he was exerting a supervisory care, not so much over the Register elect, as over the constitution, and the purity of our legislation.

He thought the object of the resolution, was a proper subject of inquiry; it is a fair presumption, that the pay of this officer commences with the date of his appointment; which was the 8th of January.—If so, then he is excluded by the Constitution from a seat in this House; the circumstance of his not having been sworn in, is quite unimportant. He did not mean to impugn the character of his colleague; for, he knew him to be an honorable man; but, he hoped that the inquiry would be made; and that the committee on the Judiciary would report, whether he was to be properly considered as now holding said office, by virtue of an appointment to it, on his application; even though he had not been formally installed.

Mr. Flood hoped that the House would decide upon the merits of the resolution, without referring it to any committee.

Mr. Lincoln would not like to see the abstract question of right to a seat in this legislature blinded with any personal interests. He should therefore vote against laying the resolution on the table till the 4th of July; and if this motion were lost, he would move to lay it on the table—with the intention of letting it lie there till near the close of the session; when it could be taken up without wearing the appearance of being a personal attack.

Mr. Williams regretted that the inquiry had not come up in an abstract form; but it is of great importance that we know how the constitution is to be understood; and that the people know what their representatives are doing. Possibly the people are suffering inconvenience in the absence of the register from his office.

Mr. Flood said, that he could do nothing there, until a Receiver was appointed, and that the office was not shut on his account alone.

The discussion was continued by Messrs.[Messieurs] English, Walker of Vermillion, Henderson, Henry and Marshall.

At the request of Mr. Flood, Mr. English withdrew his motion to lay on the table till the 4th of July.

Mr. Thornton offered an amendment (striking out all of a personal character, and limiting the inquiry to the abstract matter,) which Mr. Jarrott adopted as a modification of his resolution.

Mr. Calhoun moved to lay the resolution as modified, on the table; pending which motion, the House adjourned.3