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ded, was irrelevant to the matter under consideration, and out of order.

The President then put the question whether the Senate would agree to the passage of the first resolution, and it was decided in the affirmative, as follows:

FOR THE AFFIRMATIVE.

Mr. Babcock Mr. Cross Mr. Owen

Mr. Beach Mr. Dimmick Mr. Robinson

Mr. Beekman Mr. Geddes Mr. Schoonmaker

Mr. Colt Mr. Johnson Mr. Upham

Mr. Cook Mr. Miller Mr. Williams

Mr. Crolius Mr. Morgan 17 FOR THE NEGATIVE.

Mr. Brandreth Mr. Fox Mr. Snyder

Mr. Brown Mr. Guinnip Mr. Stanton

Mr. Carroll Mr. Mann Mr. Stone

Mr. Curtis Mr. Noyes Mr. Tuttle

Mr. Dart Mr. Skinner 14

The question then being on the passage of the second of said resolutions,

Mr. Mann moved to amend by inserting after the words “as will,” the words “ in a constitutional manner.”

The President put the question whether the Senate would agree to the amendment of Mr. Mann, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.

Mr. Brandreth Mr. Fox Mr. Snyder
Mr. Brown Mr. Guinnip Mr. Stanton
Mr. Carroll Mr. Mann Mir. Stone

Mr. Curtis Mr. Noyes Mr. Tuttle

Mr. Dart Mr. Skinner 14

FOR THE NEGATIVE.

Mr. Babcock Mr. Cross Mr. Owen

Mr. Beach Mr. Dimmick Mr. Robinson
Mr. Beekman Mr. Geddes Mr. Schoonmaker
Mr. Colt Mr. Johnson Mr. Upham

Mr. Cook Mr. Miller Mr. Williams
Mr. Crolius Mr. Morgan 17

The President then put the question whether the Senate would agree to the passage of the second resolution, and it was decided in the affirmative, as follows:

FOR THE AFFIRMATIVE.

Mr. Babcock Mr. Dart Mr. Robinson
Mr. Beach Mr. Dimmick Mr. Schoonmaker
Mr. Beekman Mr. Fox Mr. Skinner
Mr. Brandreth Mr. Geddes Mr. Snyder
Mr. Carroll Mr. Johnson Mr. Stanton

Mr. Colt Mr. Miller Mr. Stone

Mr. Cook Mr Morgan Mr. Tuttle
Mr. Crolius Mr. Noyes Mr. Upham

Mr. Cross Mr. Owen Mr. Williams
Mr. Curtis 29

For THE NEGATIVE.

Mr. Brown Mr. Guinnip Mr. Mann 3

Ordered, That the Clerk return said resolutions to the Assembly, with a message informing that the Senate have concurred therein without amendment. Mr. Mann offered for the consideration of the Senate the following concurrent resolutions, to wit: Resolved, (if the Assembly concur,) That the recent message of the President of the United States in relation to California, in which he recommends to Congress not to establish a territorial government over “the territory commonly designated by the name of New Mexico,” and advises that body to await “the silent effect of causes, independent of the action of Congress,” to settle “the subject which now excites such painful sensations in the country,” (meaning the extension of slavery,) is a just and merited rebuke to those of his supporters in this State, who have for mere political purposes, professed on this subject opinions in opposition to those of the administration at Washington, and affords conclusive evidence that the friends of the present administration of the National Government intend to await “the silent effect of causes, independent of the action of Congress,” to settle the question of freedom or slavery in the territories, and that they are not in favor of enacting the Jeffersonian ordinance of freedom for that purpose, notwithstanding their oft repeated professions to the contrary. . Resolved, (if the Assembly concur,) That “the claim advanced by the State of Texas to a very large portion of the most populous district of the territory commonly designated by the name of New Mexico,” is not in the opinion of this Legislature any good reason why Congress should delay the establishment of a territorial government over said territory, for the protection and security of the lives and property of its inhabitants. Resolved, (if the Assembly concur,) That the policy recommended by the President, of non-interference by Congress on the subject which now in his opinion excites such painful sensations in the country, is contrary to the policy which the friends of the President in this State, have heretofore professed to advocate, and that not

withstanding such recommendation by the President, we are in favor of positive and speedy action by Congress on the subject, and are decidedly opposed to waiting “the silent effect of causes independent of the action of Congress,” to settle a subject which “excites such painful sensations in the county.” Mr. Mann moved that said resolutions be laid upon the table. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. Mr. Mann then moved that said resolutions be printed. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. On motion of Mr. Schoonmaker, Resolved, That the committee on claims be discharged from the further consideration of the petition of Henry Wager and Ward Hunt, and that the same be referred to the canal commissioners, and that they be requested to report to the Senate the facts in relation to the matters set forth in said petition. On motion of Mr. Snyder, Resolved, That the bill from the Assembly entitled, “An act authorising the supervisors of Dutchess county to remove the poor house of said county,” together with the report thereon of the committee of the Senate on internal affairs of towns and counties, be taken from the table and recommitted to said committee for further consideration. The bill entitled, “An act further to amend the charter of the Attica and Hornellsville railroad company, passed May 14, 1845,” was read the third time and passed, a majority of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.

Mr. Babcock Mr. Dart Mr. Owen

Mr. Beach Mr. Dimmick Mr. Robinson
Mr. Beekman Mr. Fox Mr. Schoonmaker
Mr. Brandreth Mr. Geddes Mr. Skinner
Mr. Brown Mr. Guinnip Mr. Snyder
Mr. Carroll Mr. Johnson Mr. Stanton

Mr. Colt Mr. Mann Mr. Tuttle

Mr. Cook Mr. Miller Mr. Upham
Mr. Crolius Mr. Morgan Mr. Williams
Mr. Cross Mr. Noyes 29

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. On motion of Mr. Crolius, The Senate then adjourned until 11 o'clock to-morrow morning. FRIDAY, JANUARY 25, 1850.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Davenport. The journal of yesterday was read and approved. Mr. Beekman presented the petition of sundry inhabitants of N. Y. city, for a law to prevent city interments, which was referred to the committee on the incorporation of cities and villages. Mr. Dimmick presented the petition of the president and trustees of the village of Binghamton, for an amendment of the charter of said village, which was referred to the committee on the incorporation of cities and villages. Mr. Snyder presented the petition of Alexander Hubbard, for a law authorising the payment of certain rewards offered in the proclamation of the Governor of April 26, 1845, for the apprehension and conviction of persons engaged in the commission of certain offences, which was referred to the committee on claims. Mr. Beach presented the petition of sundry inhabitants of Cayuga co., against the consolidation of the Auburn and Syracuse and Auburn and Rochester railroad companies, which was referred to the committee on railroads. Mr. Colt presented the petition of o inhabitants of Chautauque, for a law allowing the supervisors to fix the salary of the clerk of said county, which was referred to the committee on the internal affairs of towns and counties. Mr. Robinson presented the petition of sundry inhabitants of Allegany co., for a law, compelling the N. Y. and Erie railroad company, to construct their road to Lake Erie on the original route, which was referred to the committee on railroads. Messrs. Upham, Beach and Stanton presented four several petitions of sundry inhabitants of Niagara, Seneca and Wayne counties, for an appropriation to the Genesee College, which were referred to to the committee on finance. Mr. Owen, from the committee on railroads, to which was referred the petition for that purpose, reported a bill entitled, “An act in relation to the location of the New-York and Erie railroad through the counties of Allegany, Cattaraugus and Chautauque,” which was read the first time, and by unanimous consent was also read a second time, and committed to the committee of the whole. Mr. Babcock, from the committee on the judiciary, to which was referred the bill from the Assembly entitled, “An act to authorise the holding of a county court and court of sessions in the county of Schoharie,” reported in favor of the passage of the same with amendments, which was committed to the committee of the whole. Mr. Babcock, from the committee on the judiciary, to which was referred the petition of David Tomlinson for repeal of the law

taxing leases, reported adverse to the prayer of the petitioner, and asked to be discharged from the further consideration thereof.

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

Mr. Babcock, from the committee on the judiciary, to which was referred a petition for that purpose, reported "in entitled, “An act to release the interest of the State in certain real estate of which Hugh Hamel died seised, to Mary, Hamel, his widow,” which was read the first time, and by unanimons consent was also read the second time, and committed to the committee of the whole.

Mr. Babcock, from the committee on the judiciary, to which was referred the petition of Cypress Hill cemetery for a law allowing deeds for burial plats to be recorded without proof or acknowledgment, reported in writing, and asked to be discharged from the further consideration thereof

(See Doc. No 31.)

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

Mr. Babcock, from the committee on the judiciary, to which was referred the petition of Andrew Yates and others for relief as stockholders of the Caughnawaga bridge company, reported in writing, and asked to be discharged from the further consideration of said petition.

(See Doc. No. 28.)

Mr. Johnson moved that said report be laid on the table.

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

Mr. Miller, from the committee on roads and bridges, to which was referred the bill entitled, “An act to amend the charter of the Lewiston suspension bridge company,” reported in favor of the passage of the same without amendment, which was committed to the committee of the whole.

Mr. Cross, from the committee on the incorporation of cities and villages, to which was referred the petition for that purpose, reported a bill entitled, “An act to amend the act incorporating the village of Waterloo,” which was read the first time, and by unanimous consent was also read a second time, and committed to the committee of the whole.

Mr. Schoonmaker, from the committee on claims, to which was referred the petition of the heirs of Richard J. Wilson for compensation for services, in lieu of military bounty lands, reported adverse to the prayer of the petitioners, and offered the following resolution, to wit:

Resolved, That the prayer of the petitioners ought not to be granted.

[SENATE Journal.] 16

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