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The President laid before the Senate a communication from tha Secretary of State, in the words following, to wit:

SECRETARy’s OFFICE
JAlbany, January 14, 1850.
The Hon. GEORGE W. PATTERson,
President of the Senate.

SIR-I have the honor to acknowledge the receipt of a resolution of the Senate of the 11th instant, requesting me to transmit to each of the judges of the court of appeals and of the supreme court, a copy of the report of the commissioners on practice and pleadings.

There are no copies of the report in this office, I am unable therefore, to comply with the resolution of the Senate.

Very respectfully, your obedient servant,
CHRISTOPHER MORGAN.

By unanimous consent, Mr. Mann, from the committee on the judiciary, to which was referred the bill from the Assembly entitled, “An act authorising the Governor to designate a judge or judges of the supreme court to hold the circuit courts and the courts of oyer and terminer in certain cases,” reported in favor of the passage of the same with amendments. On motion of Mr. Mann, Ordered, That said bill do have its third reading. In pursuance of previous notice, Mr. Cross asked for and obtained leave to introduce a bill entitled, “An act to incorporate the South Brooklyn savings bank,” which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on banks and insurance companies. Mr. Schoonmaker gave notice that he would, at an early day, ask leave to introduce a bill to obviate difficulties in certain powers of sale. o On motion of Mr. Cook, The Senate proceeded to the consideration of the resolution heretofore offered by Mr. Snyder, in the words following, to wit: Resolved, That the report of the Commissioners on Practice and pleading be referred to the standing committee on the judiciary. The question being upon the motion of Mr. Cook, to amend the said resolution of Mr. Snyder, by striking out all after the word “Resolved,” and insert the following, to wit: “(if the Assembly concur,) That the codes of civil and criminal rocedure, reported complete by the Commissioners on Practice and leadings, be referred to a joint committee consisting of the judiciary committee of the Senate with two Senators added thereto, and such committee as the Assembly may appoint, whose duty it shall be to examine the codes and report thereon to the Legislature, and that they be empowered and directed to invite said Commissioners to appear before them during such revision. Mr. Stanton moved to amend the amendment of Mr. Cook, by strikin out from the last part of the resolution the words “and directed,” and by adding at the end thereof the words “if they shall deem it expedient,” which motion of Mr. Stanton was accepted by Mii. Cook as a part of his amendment. Debate was had thereon, when

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

FOR THE AFFIRMATIVE.

Mr. Beach Mr. Dimmick Mr. Skinner

Mr. Brown Mr. Fox Mr. Stanton

Mr. Cook Mr. Geddes Mr. Stone

Mr. Crolius Mr. Guinnip Mr. Tuttle

Mr. Crook Mr. Johnson Mr. Upham

Mr. Cross Mr. Miller Mr. Williams

Mr. Curtis Mr. Robinson 20 FOR THE NEGATIVE.

Mr. Babcock Mr. Dart Mr. Owen

Mr. Beekman Mr. Mann Mr. Schoonmaker

Mr. Brandreth Mr. Morgan Mr. Snyder

Mr. Carroll Mr. Noyes 11

The hour of 12 o'clock having arrived, Mr. Schoonmaker moved the Senate proceed to executive business. The President put the question whether the Senate would agree to the said motion, and it was decided in the negative. The President then put the question whether the Senate would agree to the said resolution of M1. Snyder, as amended, and it was decided in the affirmative. Mr. Carroll offered for the consideration of the Senate the following concurrent resolutions, to wit: * Resolved, (if the Assembly concur.) That our Senators in Congress are hereby instructed, and our Representatives requested, to use their best efforts to secure the passage of an act establishing a uniform rate of postage throughout the United States, of two cents on all letters weighing half an ounce, if pre-paid, or five cents for each half ounce if not pre-paid. Also, (for the purpose of more satisfactorily testing the practicability of such a reduction of the postage rates,) to use their best efforts to secure by further enactment, the keeping of a distinct account of all matter allowed to pass through the mails free of postage, and to make the same, except such as shall relate to the business of the post-office department, a charge, at the rates of other mail matter, upon the treasury of the United States. Also, to use their best exertions, by further enactment, to provide for the conveyance by mail, postage free, of all regular newspapers

[SENATE Journal.] 10

in the United States, within the counties in which they are printed and published. Resolved, (if the Assembly concur,) That the Governor be requested to forward copies of the foregoing resolution to each of our Senators and Representatives in Congress. Mr. Carroll moved that the said resolutions be laid upon the table and printed. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. On motion of Mr. Crolius, Resolved, That the Clerk be directed to take from the files the papers presented at the last session having reference to the fees and compensation of the health officer of the port of New-York, and that they be referred to the committee on retrenchment. Mr. Curtis moved that the resolution of the Senate of yesterday referring the petition of the Florida bridge company to the Canal Commissioners be reconsidered, and that the same when received be referred to the standing committe on grievances. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. On motion of Mr. Tuttle, Resolved, That a respectful message be directed to the Assembly, requesting of that honorable body the transmission to the Senate of the papers on file with them in relation to the claim of Thomas Marvin. On motion of Mr. Babcock, Resolved, That a respectful message be transmitted to the Assembly, requesting that the petition and papers on the files of the Assembly for the year 1849, in relation to the claim of Elizabeth N. Granger, James N. Granger and Warren Granger, be sent to the Senate, and when received that said papers be referred to the committee on canals. On motion of Mr. Beach, Resolved, That the petition of Augustus Stockwell be taken from the files of the Senate, and referred to the committee on claims. On motion of Mr. Carroll, The Senate then proceeded to the consideration of Executive business. After some time spent in executive session the doors were opened, and the Senate again proceeded to legislative business. The bill from the Assembly entitled, “An act authorising the Governor to designate a judge or judges of the supreme court to hold the circuit court and court of oyer and terminer in certain cases,” was read a third time. By unanimous consent, The title of said bill was altered so as to read as follows: “An act authorising the Governor to designate a justice or justices of the supreme court to hold the circuit court and the court of oyer and terminer.” Mr. 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, and three-fifths of all the members elected to the Senate voting in favor thereof, 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. Guinnip Mr. Snyder

Mr. Brown Mr. Mann Mr. Stone

Mr. Carroll Mr. Miller Mr. Tuttle

Mr. Crolius Mr. Morgan Mr. Upham

Mr. Cross Mr. Noyes Mr. Williams

Mr. Curtis Mr. Owen 26 FOR THE NEGATIVE. w

Mr. Cook Mr. Johnson 2

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same with the amendments therewith delivered. The Senate then resolved itself into a committee of the whole on the bill entitled, “An act to amend an act establishing free schools throughout the State, passed March 26, 1849,” and after some time spent thereon, Mr. Curtis, from said committee, reported progress, and asked for leave to sit again. Mr. Mann moved that the committee of the whole be discharged from the further consideration of said bill, and that the same be recommitted to the committee on literature. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. The Senate then resolved itself into a committee of the whole on the bill entitled, “An act to extend the time for county superintendents of the poor, elected in November, 1849, to take the oath of office and file their official bond,” and after some time spent thereon, Mr. Cook, from said committee, reported in favor of the passage of the same with amendment, which report was agreed, to and said bill ordered engrossed for a third reading. The Senate then resolved itself into a committee of the whole on the bill entitled, “An act to incorporate the Jonesville Academy,” and after some time spent thereon, Mr. Carroll, from said committee, reported progress, and asked leave to sit again. Mr. Cook moved that the committee of the whole be discharged from the further consideration of said bill, and that the same be recommitted to the committee on literature. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative.

A resolution was received from the Senate for concurrence, in the words following, to wit: Resolved, (if the Senate concur,) That the Governor be requested and authorised to procure a suitable block or blocks of stone from some quarry or quarries in the State of New-York, and to have the same properly prepared, and the name and coat of arms engraved thereon, and forwarded, at the expense of the State, to be placed in and constitute a portion of the Washington monument now in progress of erection in the city of Washington, the amount of such expenditure not to exceed the sum of two thousand dollars. Mr. Mann moved that said resolution 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. A message was received from the Assembly, requesting the Senate to transmit to that body the petitions of the Stockbridge Indians, and the papers on file relative to the creation of a fund for their benefit. On motion of Mr. Guinnip, The Senate then adjourned until 11 o’clock to-morrow morning

WEDNESDAY, JANUARY 16, 1850.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Clark. The journal of yesterday was read and approved. Mr. Cross presented the petition of Henry C. Murphy, praying for a grant of land under water in front of his land at New Utrecht, Kings co., which was presented to the committee on commerce and navigation. Mr. Mann presented the petition of the heirs of Richard J. Wilson, praying for compensation for services in lieu of military bounty lands, which was referred to the committee on claims. Mr. Schoonmaker presented the petition of sundry inhabitants of the town of Kingston, Ulster co., praying for a geological survey of said county, which was referred to the committee on agriculture. Mr. Mann presented the petition of John Harris and others, praying for relief from damages sustained by them in the construction of the Champlain canal. Mr. Mann moved that said petition be referred to the committee on canals. The President put the question whether the Senate would agree to said motion, and it was decided in the negative.

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