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On motion of Mr. Scholefield, the previous question was ordered. Mr. Speaker then put the question on the motion to concur, and it was decided in the negative, ayes 45, noes 54.

Mr. Morris moved that the bill be referred to a select committee of five.

Debate was had thereon, when

On motion of Mr. Godard, the previous question was ordered. Mr. Speaker put the question on the motion to refer the bill to a select committee, and it was decided in the affirmative.

IN ASSEMBLY, April 14, 1859. Ordered, That Messrs. Morris, Law, Fuller, Chamberlain, and Christie constitute the select committee on said bill.

Mr. Diven moved that the Senate recede from their amendments to said bill, and that that motion lay on the table.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

A message from the Assembly was received, requesting the concurrence of the Senate to the following resolution:

Resolved, (if the Senate concur,) That the Commissioners of Record, for the city and county of New York, appointed by an act passed April 13, 1855, be and hereby are directed to cause one copy of the records, documents, maps, and indices, in the form and to the extent printed by them in accordance with said act, to be deposited forthwith in the State Library, and one copy of the same in the office of the Secretary of State, at Albany; also to cause to be likewise deposited a like copy of all such records, documents, maps and indices, which said Commissioners may hereafter print or cause to be printed, as aforesaid. Also, that the Clerk of the Assembly be directed to furnish said Commissioners of Records with a copy of this resolution.

By unanimous consent, Mr. Mather moved that the Senate con

cur.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Ordered, That the Clerk return said resolution to the Assembly, with a message informing that the Senate have passed the same, without amendment.

Mr. Sloan offered the following resolution:

Resolved, (if the Assembly concur,) The Legislature will adjourn, sine die, on Saturday, April 16, at 12 o'clock, noon.

Ordered, That said resolution be laid on the table.

A message from the Assembly was received and read, informing that they had concurred in the amendments of the Senate to the following entitled bills:

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"An act for ascertaining by proper proof the citizens who shall be entitled to the right of suffrage, and to prevent fraudulent voting."

"An act to establish an Insurance Department."

Ordered, That the Clerk return said bills to the Assembly.

A message from the Assembly was received, returning the following entitled bill:

"An act to authorize the appointment of referees to settle an account of Jacob D. Kingsland against the Clinton State prison."

Ordered, That the Clerk deliver said bill to the Governor.

A message from the Assembly was received and read, informing that they had concurred in the passage of the following entitled bills, without amendment.

66

'An act requiring thirty-six jurors to be drawn for circuit courts in the county of Franklin."

"An act to legalize the election, classification and official acts of the trustees of the Lima Baptist Church and Society."

"An act to incorporate the South Pacific American Mail Steamship company.

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"An act for the relief of the Ausable Plankroad company." "An act for the relief of Josiah Blackwell.”

“An act for the relief of the New York State Inebriate Asylum, and for other purposes."

"An act to provide for the performance of certain duties imposed upon a canal commissioner in cases where he may be disqualified from acting."

"An act to authorize the American Express company to dispose of certain real estate."

"An act to amend the fifth section of an act entitled 'An act in relation to laying out private roads and discontinuing public highways,' passed April 12, 1853."

"An act to change the name of the Williamsburgh and Cypress Hill Plankroad company."

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"An act to incorporate St. Joseph's Asylum, in the city of New York."

"An act to authorize the Canal Board to hear and investigate the claim of John McIntyre, for dredging the harbor at Whitehall.”

"An act to provide for the payment for work done and materials furnished on and for certain parts of the Erie canal enlargement."

"An act granting the peace makers on the Cattaraugus and Allegany reservations exclusive jurisdiction over actions for divorces. among the Indians on said reservations, and to hear and determine actions between Indians, involving the title to real estate on said reservations."

"An act to authorize the trustees of the First Baptist Church and Society of the town of Macedon, to sell their parsonage."

"An act constituting the town of Sherburne, in the county of Chenango, a single election district."

Ordered, That the Clerk deliver said bills to the Governor.

On motion of Mr. Sloan, the Senate adjourned to 9 o'clock, to

morrow.

SATURDAY, APRIL 16, 1859.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Parker.

On motion of Mr. Sloan, the reading of the journal was dispensed with.

By unanimous consent,

Mr. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the Assembly bill entitled “An act in relation to the burial ground in the village of Gouverneur," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

By unanimous consent,

Mr. Hubbell, from the committee on insurance companies, to which was referred the Assembly bill entitled "An act to amend the act entitled 'An act to provide for the incorporation of Fire Insurance companies,' passed June 25, 1853," reported adversely thereto, which report was agreed to.

On motion of Mr. Paterson, and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to supply vacancies in the office of justices of the peace, in the several towns of this State," was referred back to the committee on the judiciary, with power to report complete.

Mr. Noxon, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to supply vacancies in the office of justices of the peace in the several counties in this State," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to incorporate the Leffert's Park Association,' passed July 18, 1853," reported adversely thereto, which report was agreed to.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to establish courts of civil and criminal jurisdiction in the city of Brooklyn,' passed March 24, 1849," reported the same to the Senate, for its consideration, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Williams, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to repeal an act entitled 'An act to amend an act to provide for the incorporation of companies to construct plank roads, and of companies to construct turnpike roads,' passed May 7, 1847, and the acts amendatory thereof, passed April 14, 1858," with power to report complete, reported the

same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Noxon, from the committee on the judiciary, to which was referred the bill entitled "An act for the relief of Gertrude Doe," reported in favor of the adoption of the following resolution:

Resolved, That the committee on the judiciary be discharged from the further consideration of the bill entitled "An act for the relief of Gertrude Doe," and that the same be referred to the Commissioners of the Land Office, with a request that they make a report to the next Legislature of the facts relative to the claim of Gertrude Doe, and whether the bill ought to become a law.

The President put the question whether the Senate would agree to adopt said resolution, and it was decided in the affirmative.

Mr. Noxon, from the committee of conference, upon the disagreement between the two Houses relative to the amendment of the Assembly to the concurrent resolutions of the Senate proposing an amendment of section 2, article 2 of the Constitution, reported that the joint committee of the two Houses have agreed that the Assembly ought to recede from their amendment, and that their said amendment to said concurrent resolution, ought to be the subject of a seperate concurrent resolution.

Mr. Noxon moved to lay the report on the table.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. Noxon called for the consideration of the following concurrent resolutions, proposing an amendment to the Constitution in relation to the registration of voters:

Resolved, (if the Assembly concur,) That section 4 of article 2 of the Constitution of this State be amended so as to read as follows:

§ 4. Laws shall be made for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established; and hereafter no person shall be permitted to exercise the elective franchise who shall not be duly registered as a voter, pursuant to laws to be passed for that purpose.

Resolved, (if the Assembly concur,) That the foregoing amendment be referred to the Legislature to be chosen at the next general election of Senators, and that in conformity to section 1 of article 13 of the Constitution, it be published for three months previous to the time of such election.

The President put the question whether the Senate would agree to said resolutions, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.

Loveland

Noxon

Paterson

Boardman
Darling

Foote

Halsted
Hubbell
Laflin

Mather

Schell

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Prosser
Truman

Wetmore

Scott
Sloan

FOR THE NEGATIVE.

Smith

John D. Willard Williams

7

Mr. Noxon moved to reconsider the vote just taken, and that that motion lay on the table.

O. B. Wheeler
W. A. Wheeler
J. A. Willard 15

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. W. A. Wheeler moved to take from the table the following resolution :

Resolved, (if the Senate concur,) That the concurrent resolutions in relation to commissioners to examine public accounts, passed April 14, 1858, be and the same are hereby rescinded.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

The President then put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Ordered, That the Clerk return said resolution to the Assembly, with a message informing that the Senate have passed the same, without amendment.

By unanimous consent, the Assembly bill entitled "An act to amend certain sections of the Code of Procedure," was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

Ames

Darling

Diven

Foote
Halsted

Truman

Hubbell
Johnson

Laflin

Lamont
Loveland

Ames
Ely

Halsted
Hubbell

FOR THE AFFIRMATIVE.

Noxon
Paterson

Prosser

Schell

Scott

FOR THE NEGATIVE.

1

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, with amendments.

Johnson

Laflin
Lamont

Loveland

Sloan
Smith
Wetmore

O. B. Wheeler

By unanimous consent, the Assembly bill entitled "An act to grant relief to certain towns in Clinton and Essex counties," was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, when the vote was as follows:

Darling

W. A.Wheeler

J. A. Willard
John D. Willard
Williams

FOR THE AFFIRMATIVE.

Mather
Noxon

Schell

23

Sloan
Smith
Wetmore

FOR THE NEGATIVE.

Diven

O. B. Wheeler

W. A. Wheeler
J. A. Willard

17

Boardman

Foote

Prosser

5

The President decided the bill passed, a majority voting in favor thereof, and three-fifths of all the members elected to the Senate being present.

From this decision Mr. Diven appealed, on the ground that it being a bill appropriating money for private purposes, therefore requiring a two-thirds vote of all the members of the Senate.

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