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District number twenty-eight, ...... Alonzo S. Upham.
The Senators present having taken and subscribed the constitutional oath of office, the Senate proceeded to the election of clerk; and a ballot being had, Mr. Cook and Mr. Guinnip acting as tellers, upon the votes being counted, it appeared that William H. Bogart had received 17 votes, and Darius A. Ogden 14 votes. William H. Bogart, having received a majority of all the votes cast, was declared duly elected to the office of clerk. The Senate then proceeded to the election of a sergeant-at-arms, and a ballot being had, and the votes being counted, it appeared that George W. Bull had received 17 votes, and John D. Lawyer 14 votes. George W. Bull having received a majority of all the votes east, was declared duly elected to the office of sergeant-at-arms. The Senate then proceeded to the election of door keeper, and a ballot being had and the votes being counted, it appeared that Ransom Van Walkenburgh had received 17 votes, and Martin Miller 14 votes. Ransom Van Walkenburgh having received a majority of all the votes, was declared duly elected to the office of door keeper. The Senate then proceeded to the election of assistant door keeper, and a ballot being had and the votes counted, it appeared that George A. Loomis had received 16 votes, Hiram Allen 14 votes, and Ransom Van Walkenburgh 1 vote. George A. Loomis having received a majority of all the votes, was declared duly elected assistant door keeper. The officers elected being in attendance, were duly sworn, and subscribed the constitutional oath of office. Mr. Geddes then offered for the consideration of the Senate the following concurrent resolutions, which by consent of the mover thereof were laid on the table, to wit: 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. On motion of Mr. Geddes, Ordered, That the said resolutions be printed. On motion of Mr. Cook, The Senate then adjourned until 11 o'clock to-morrow morning.
WEDNESDAY, JANUARY 2, 1850.
The Senate met pursuant to adjournment.
Prayer by the Rev. Dr. Wyckoff. The Journal of yesterday was read and approved. Oedered, That Mr. Cook and Mr. Stanton be appointed a committee to wait upon his excellency the Governor, and inform him that the Senate are convened and ready to proceed to business. Ordered, That Mr. Geddes and Mr. Curtis be a committee to wait upon the Assembly with a like message. On motion of Mr. Cross, Resolved, That the Clerk be, and is hereby directed to invite the clergymen of this city having charge of congregations, to open the daily sittings of the Senate with prayer, in such order as may be most convenient for themselves.
On motion of Mr. Beekman, Resolved, (if the Assembly concur,) That the joint library committee to be appointed under the resolution of April 21, 1840, shall consist of three member of the Senate and five members of the Assembly. On motion of Mr. Morgan, Resolved, That the Clerk of the Senate be requested to furnish the Lieut. Governor and each Senator with such newspapers as they may severally direct, the expense of which shall not exceed that of two daily papers. On motion of Mr. Babcock, Resolved, That when the Senate adjourns it will adjourn to meet daily at 11 o’clock A. M., and that it will continue to meet at that hour until otherwise ordered. Mr. Cook, from the committee appointed for that purpose, reported that they had waited upon the Governor and delivered the message of the Senate, to which the Governor was pleased to say, that as soon as he should receive a message from the Assembly that they are organised, he would communicate to the Senate by mesSage. g On motion of Mr. Cook, Resolved, That the rules and orders of the Senate be referred to a select committee for revision, and that until the report of said committee be finally acted upon, the rules and orders of the last session shall be in force. Ordered, That Messrs. Cook, Guinnip and Beekman, be such committee. Mr. Geddes, from the committee appointed for that purpose, reported that they had waited upon the Assembly and informed them that the Senate were organised and ready to proceed the business. On motion of Mr. Geddes, Resolved, That there be appointed a standing committee of this Senate upon the manufacture of salt. On motion of Mr. Cook, and by unanimous consent, Resolved, (if the Assembly concur,) That the joint rules of the Senate and Assembly which were in force at the last session of the Legislature, be adopted for the government of the two houses. On motion of Mr. Upham, Ordered, That the Senate take a recess until 12 o'clock M. The Senate having again convened, A message was received from the Assembly, delivered by Mr. Godard and Mr. Pruyn, informing that the Assembly were orgamised and ready to proceed to business. The President having announced the reception of said message, a message from the Governor, delivered by his private secretary, Robert H. Morris, was received, and read in the words following, to wit:
Follow Citizens of the Senate and Jissembly:
In a review of the condition of the State, during the year which has closed, while there are many causes of abundant thankfulness, it is not permitted to me to indulge in congratulations upon the continuance to us as a people, of the blessings of general public health. The sovereign Ruler of the universe, in His wisdom, has seen fit during the past season, to visit many portions of the State with a malignant disease, which has swept away thousands of our fellowcitizens. We have enjoyed too many of the blessings which a bountiful Providence has vouchsafed to us, not to submit with resignation to such dispensations as His wise purposes may bring upon us, and we may now, with reason, be thankful that the scourge has ceased to exist within our State. The progress and the ravages of this mysterious disease, suggest the necessity of the exercise of your duties, as the guardians of the public health, to interpose, so far as human agency may avail, whatever legislative enactments may be efficient to guard against the re-appearance of this pestilence, to investigate its history, and its nature, and in the event of its return, to mitigate its severity. Upon the outbreak of the Asiatic Cholera within our State, in pursuance of the authority conferred by an act of the Legislature, passed at the last session, I issued a proclamation on the fifth day of June last, reviving and continuing in force for one year from that date, the “Act for the preservation of the public health,” passed June 22, 1832. Under this act, boards of health were organized in various parts, if not throughout the State, and the sanative and precautionary powers conferred by the act have been found efficacious in removing many of those causes which have been supposed to attract and to fix this disease, whose nature and whose course have been so subtile, so mysterious, and so erratic as to baffle the investigations of science. It is now nearly eighteen years since it made its first appearance on this continent. Within that period it has three times overspread the whole breadth of the land, and while it has claimed its thousands upon thousands of victims, much remains to be learned of its nature, its origin, its course, and its proper treatment. The devotion of medical men to the cause of humanity, and their frequent gratuitous attention, and constant self-sacrificing privations for the alleviation of human suffering, preclude the idea that the continued absence of accurate and of acknowledged information, is the result of any want of skill or of attention on their part. It proceeds rather from the want of an accurate combination of reliable facts, within the experience of the individual members of the medical profession. No subject more universally affects all classes, and all members of the community, than that of the public health. I therefore earnestly request your attention to the existing laws on this subject, and suggest the propriety of their careful review and amendment, especially with a view to secure the benefit of the combined experience of scientific and learned men, throughout the State, with respect to the origin, the causes, the progress and the treatment of all malignant or infectious diseases. It will also become important to consider the powers granted to the municipal and local authorities for the prevention and removal of nuisances, and for the prohibition of offensive and deleterious occupations, within thickly inhabited districts. These powers require enlargement, and should be conferred permanently. It is by no means improbable that the epidemic which has lately visited us may return. In this event, these powers may be essential to mitigate the severity of the visitation. I have been informed that the act of the last session authorizing the revival of the act of 1832, has been judicially declared to be unconstitutional. This decision may render necessary a confirmation of the various important sanative regulations enforced in different parts of the State, as well as a new grant of power, under which they may be exercised, without the objection which is understood to have been made to the form in which the act of the last winter proposed to confer them. It may also be well to consider whether the time has not arrived, when the State is called upon to contribute its aid more efficiently than it has hitherto done, to advance the cause of Medical Education. Every inhabitant of the State, at some time or other, feels the need of the physician, and is interested that he should be learned and skilful. The reports of the Comptroller, and of the Commissioners of the Canal Fund, will be shortly laid before you, and will present in detail a statement of the financial condition of the State, and will exhibit most gratifying evidences of the public confidence in the credit of the State, and in the management of its financial concerns. I refer you to these reports for details and for particular statements. At the close of the fiscal year, ending on 30th of September last, the General Fund debt amounted to, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,389,693 32 The canal debt, ... . . . . . . . . . . . . . . . . . . . . . . . . . . 16,505,345 67
Total “direct” debt, ..................... $22,895,038 99
Toward the payment of which debt there was on hand,A surplus of the General Fund Debt Sinking Fund of,. $13,515 16 A surplus of the Canal Fund Debt Sinking Fund of, ... 200,877 01
Included in the amount of canal debt above stated is the sum of $90,822, which was payable prior to the close of the fiscal year, but had not then been presented for redemption. The interest on this had ceased from the time when it became payable; the funds for its redemption being on hand awaiting the call of the holders of the stock. Since the close of the fiscal year, $77,917 of this amount have been redeemed.