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rule of the two houses, shall be in order without the unanimous consent of the Senate, unless one day's previous notice thereof shall have been given.

45. Every report of a committe upon a bill which shall not be considered at the time of making the same, or laid on the table by a vote of the Senate, shall stand upon the general orders with the bill in the place in which the bill was placed thereon, and subject to the provisions of the third rule; but if a bill is made the special order of any day, and shall on that day be reported by a committee of the whole, the report may be forthwith considered unless the Senate shall otherwise order; and if not finished on that day, the bill with the report shall retain its place on the general orders, unless made the special order for another day, and the merits of a bill shall not be considered except under the head of general or special orders, unless by unanimous consent.

46. The president shall assign to the doorkeepers their respective duties and stations.

The President laid before the Senate a message from the Governor, which was in the words following, to wit:

STATE OF NEW-YoRK, Executive DEPARTMENT, .Albany, January 7, 1850. ; To the Legislature:

I herewith transmit a document which I received during the recess of the Legislature, purporting to be a protest of certain chiefs and warriors of the Seneca nation of Indians, against an act passed by the Legislature of April last in reference to their government, and asking a repeal of the said act.

In compliance with the request of the chiefs and warriors who unite in this protest, I respectfully lay their protest before the Legistature.

HAMILTON FISH.

Ordered, That said communication be referred to the committee on Indian affairs.

Mr. Beach gave notice that he would, at some future day, ask leave to introduce a bill respecting the taxation of banking associations and individual bankers.

In pursuance of previous notice,

Mr. Cook asked for and obtained leave to introduce a bill entitled, “An act to regulate the salary of the district attorney of the county of Saratoga,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and counties.

Mr. Geddes offered for the consideration of the Senate, a resolution in the words following, to wit:

Resolved, That the concurrent resolutions offered by him on Jan. 1, in relation to slavery, be taken from the table and referred to the select committee having in charge so much of the annual message of the Governor as relates to slavery in territories now free. The President put the question whether the Senate would agree to the said resolution, and it was decided in the affirmative. Mr. Geddes offered for the consideration of the Senate, a resolution in the words following, to wit: Resolved, That the petition of the Syracuse coarse salt company, presented at the last session, be taken from the files of the Senate and referred to the committee on claims. The President put the question whether the Senate would agree to the said resolution, and it was decided in the affirmative. Mr. Geddes offered for the consideration of the Senate, a resolution in the words following, to wit: * Resolved, That at 12 o'clock M., on Tuesdays and Fridays, the Senate will go into executive session, until otherwise ordered. The President put the question whether the Senate would agree to the said resolution, and it was decided in the affirmative. Mr. Schoonmaker offered for the consideration of the Senate, a resolution in the words following, to wit: Resolved, That the honorable the Assembly be requested to transmit to the Senate the petition and papers on their files referring to the claim of Henry Rector, for compensation as architect of the new state hall. The President put the question whether the Senate would agree to the said resolution, and it was decided in the affirmative. Mr. Beekman offered for the consideration of the Senate, a resolution in the words following, to wit: Resolved, That the committee on cities and villages enquire and report to the Senate, at an early day, as to the propriety of passing an act to prevent burials in closely inhabited districts, and to prohibit the carrying on of manufactures or trades, prejudicial to the public health within the incorporated limits of cities. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. Mr. Carroll offered for the consideration of the Senate, a resolution in the words following, to wit: Resolved, That the Attorney General, at his earliest convenience, communicate to the Senate what action has been taken by his department under the joint resolution of the Senate and Assembly, adopted April 10, 1848, relating to manorial titles, what suits have been commenced under said resolution, when commenced, against whom, what progress has been made therein, and the present situation of the same. And that he also report to the Senate, whether in his opinion any farther legislation is necessary to secure the objects contemplated by said resolution, and to state particularly what legislation, if any, is necessary for that purpose. The President put the question whether the Senate would agree to said resolution, and it was determined in the affirmative. Mr. Carroll offered for the consideration of the Senate, a resolution in the words following, to wit:

Resolved, That the Clerk furnish members of the Senate with additional newspapers, not exceeding in cost the sum of five dollars, during the session, and that the expense thereof be defrayed out of the contingent fund of the Senate.

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

FOR THE AFFIRMATIVE.

Mr. Brandreth Mr. Dart Mr. Owen

Mr. Brown Mr. Guinnip Mr. Schoonmaker

Mr. Carroll Mr. Johnson Mr. Snyder

Mr. Crolius Mr. Miller Mr. Stanton

Mr. Crook Mr. Noyes Mr. Tuttle

Mr. Curtis 16 FOR THE NEGATIVE.

Mr. Babcock Mr. Fox Mr. Skinner

Mr. Beach Mr. Geddes Mr. Stone

Mr. Beekman Mr. Morgan Mr. Upham

Mr. Cook Mr. Robinson Mr. Williams

Mr. Dimmick 13

Mr. Miller offered for the consideration of the Senate, a resolution in the words following, to wit: Resolved, That the Clerk of the Senate be directed to procure ten times the usual number of the new diagram of the Senate chamber, prepared by Richard H. Pease, to be printed for the use of the Senate, and that the expense thereof be paid out of the contingent fund of the Senate. Mr. Cook moved that said resolution 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. Dimmick offered for the consideration of the Senate, a resolution in the words following, to wit: Resolved, That the petitiou of Augustus Morgan for damages which he received by the breaking down of a canal bridge, be taken from the files of the Senate and referred to the standing committee on claims. The President put the question whether the Senate would agree to the said resolution, and it was decided in the affirmative. A message was receved from the Assembly, informing that they had concurred in the resolution of the Senate of Jan. 4 in relation to the distribution of 1,200 copies of the report of the commissioners on practice and pleadings, and passed the same accordingly. Mr Geddes moved that the Senate do now proceed to the consideration of executive business. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. Mr. Geddes moved that the doors be closed. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. |SENATE Journal.] 7

After some time spent in executive session the doors were opened, and the Senate again proceeded to legislative business. A message was received from the Assembly, requesting the Senate to transmit to that House the petitions and papers of James H. Hooker in relation to canal damages. A massage was also received from the Assembly, requesting the Senate to transmit to that House the papers, documents and other evidence relating to the claim of George W. Manchester for damages occasioned by the Black river canal feeder at Boonville. On motion of Mr. Johnson, The Senate then adjourned until 11 o’clock to-morrow morning.

WEDNESDAY, JANUARY 9, 1850.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Beecher. The journal of yesterday was read and approved. Mr. Stone presented the petition of Orrin Austin and others for a re-appraisal of certain state lands held by the petitioners and for relief, which was referred to the committee on claims. Mr. Dart presented the petition of Wm. G. Barnhart for compensation for the loss of an island in the river St. Lawrence called Barnhart's Island which was sold by the State, which was referred to the committee on claims. Mr. Stone presented the petition of Aaron Knapp for a re-appraisal of damages sustained by him in the construction of the Chenango canal and Leland Pond reservoir, which was referred to the committee on claims. Mr. Babcock presented the petition of the supervisors of Erie co. for a law to increase the compensation of the treasurer of said co., which was referred to the committee on the internal affairs of towns and counties. Mr. Schoonmaker, from the committee on the judiciary, to which was referred the petition for that purpose, reported a bill entitled, “An act to authorise the election of local officers in the county of Ulster to discharge the duties of judge and surrogate and other duties,” which was read the first time, and by unanimous consent 'was also read the second time, and committed to the committee of the whole. Mr. Dimmick, from the committee on the internal affairs of towns and counties, to which was referred the petition for that purpose, made a written report, and reported a bill entitled, “An act declaring the official bond of Calvin Converse, a superintendent of the poor of the county of Cattaraugus, valid,” which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole.

(See Senate Doc. No. 12.)

Mr. Geddes, from the majoritity of the select committee on so much of the Governor’s message as relates to slavery in territories now free, reported in writing, and offered for the consideration of the Senate the following concurrent resolutions: Resolved, (if the Assembly concur,) That as the Federal Constitution was formed and adopted expressly to secure the blessings of liberty to the people of the United States, and their posterity, our Senators in Congress are hereby instructed and our Representatives are requested to use their best efforts to procure the passage of laws that will effectually and forever put an end to the slave trade in the District of Columbia. Resolved, (if the Assembly concur,) That the determination indicated by the governors’ messages, and the resolutions of the legislatures of various of the slave holding states, and by the Representatives of such states in Congress, to extend domestic slavery over the territory acquired by the late treaty of peace with the Republic of Mexico, we feel bound to oppose, by all constitutional means, and our Senators in Congress are hereby instructed and our Representatives are requested to resist all attempts to yield to slavery any part of such territory, however small, and by whatever pretence of compromise. Resolved, (if the Assembly concur,) That the territory lying between the Neuces and Rio Grande, and that part of New Mexico lying east of the Rio Grande, is the common property of the United States, and that our Senators in Congress be instructed and our Representatives requested to use their best efforts to preserve the same as such common property, and to protect it from the unfounded claims of the state of Texas, and prohibit the extension over it of the laws of Texas. Resolved, (if the Assembly concur,) That the Legislature of the State of New-York, has learned with great satisfaction, that the people of California have adopted a constition which is entirely in accordance with the spirit of the free institutions of our country, and our Senators in Congress are hereby instructed, and our Representatives requested to aid in the passage of such laws as may be necessary to admit that state into the Union. Resolved, (if the Assembly concur.) That the Governor be requested to forward copies of the foregoing resolutions to each of our Sanators and Representatives in Congress.

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On motion of Mr. Geddes, Ordered, That the said resolutions be laid upon the table. Mr. Geddes moved that said resolutions, as reported by the majority of said committee, be printed.

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