The ayes and nays being required by ten members,

And then the House adjourned till eleven o'clock to-morrow

WEDNESDAY, FEBRUARY 4, 1835.

The House met pursuant to adjournment.

Two several petitions of sundry inhabitants of the counties of Albany and Livingston, praying for the construction of the Rochester and Olean canal, with a branch to Dansville, were read, and referred to the committee on canals and internal improvements.. The petition of sundry inhabitants of the county of Cayuga, praying for the incorporation of a company to construct a rail-road from Auburn to Rochester, was read, and referred to the committee on rail-roads.

The petition of sundry inhabitants of the counties of Cayuga, Cortland and Tompkins, praying for the incorporation of a company to construct a rail-road from Auburn to Ithaca, was read, and referred to the committec on rail-roads.

The petition of sundry inhabitants of the county of Steuben, praying for aid from the State in the construction of the New-York and Erie rail-road, was read, and referred to the committee on rail-roads.

The petition of Parley Eaton of the county of Chautauque, praying for the passage of an act authorising him to hold the office of commissioner of deeds, and legalizing his official acts, was read, and referred to the committee on the judiciary.

The petition of sundry inhabitants of the county of Genesee, praying for the incorporation of a company to construct a rail-road from Attica to Buffalo, was read, and referred to the committee on rail-roads.

The petition of sundry inhabitants of the city of Utica, praying for an amendment of the first title of part first of the Revised Statutes, so as to require all sales at public auction in said city to be made by an auctioneer, except sales on executions, was read, and referred to the committee on trade and manufactures.

The petition of Abraham Gurnee and others of the county of Tioga, praying relief in regard to certain lots of land belonging to the State, was read, and referred to the committee on public lands.

The petition of sundry inhabitants of the county of Genesee, praying for the incorporation of a mutual fire insurance company in said county, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of the president, directors and company of the Union Bank in the city of New-York, praying for an increase of their capital stock, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of the trustees of the Greenwich Savings Bank in the city of New-York, praying for an amendment of their charter, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies..

The memorial of the mayor, aldermen and commonalty of the city of Albany, praying for the passage of an act equalizing the wards of said city, and for other purposes, was read, and referred to the committee on the incorporation of cities and villages.

The petition of sundry inhabitants of the county of Rensselaer, praying for the incorporation of a company to construct a turnpike road from Petersburgh to Brunswick in said county, was read, and committed to the committee of the whole when on the bill upon that subject.

The petition of sundry inhabitants of the county of Ontario, praying for an alteration of the present State prison system, was read, and referred to the select committee on that subject, of which Mr. Carr is chairman.

The petition of sundry inhabitants of the counties of Seneca, Cayuga, Ontario and Monroe, praying for the incorporation of a company to construct a rail-road from Auburn to Rochester, was read, and referred to the committee on rail-roads.

The petition of sundry inhabitants of the connties of Madison and Onondaga, praying for an alteration of the line between said counties, was read, and referred to the committee on the erection and division of towns and counties.

Mr. Anthony, from the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies, to which was referred the petition of John Phillips of the county of Niagara, praying for an extension of the act granting him the privilege of ferrying across Niagara river at Youngstown in said county, reported a bill, entitled "An act extending the act relative to the ferry at Youngstown in the county of Niagara, passed February 14th, 1826;" which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole house.

Mr. Anthony, from the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies, to which was referred the engrossed bill from the Senate, entitled "An act to amend an act entitled 'An act to incorporate the Troy turnpike and rail-road company,' passed April 18th, 1831," reported, that the committee have examined the said bill, and see no reason why the same should not be passed into a law. Ordered, That the said bill be committed to a committee of the whole house.

Mr. M. H. Sibley, from the committee on claims, to which was referred the petition of Samuel Farwell, for compensation for extra labor on the Erie canal, reported; and asked leave to introduce a bill.

[See Document No. 122.]

Ordered, That leave be given to bring in such bill.

Mr. M. H. Sibley, according to leave, brought in the said bill, entitled "An act to compensate Samuel Farwell for services rendered the State upon the Erie canal;" which was read the first [ASSEMBLY JOURNAL.]

23

time, and by unanimous consent was also read a second time, and committed to a committee of the whole house.

Mr. Wager, from the committee on canals and internal improvements, to which was referred the petition of Vincent Conklin and others, praying for permission to use the surplus waters of the Chemung canal, together with the report of the Canal Commissioners thereon, reported, that in the opinion of the committee, the prayer of the petitioners ought not to be granted.

Mr. Speaker put the question whether the House would agree with the committee in their said report, and it was determined in the affirmative.

Mr. A. Clark, from the committee on canals and internal improvements, to which was referred the petition of sundry inhabitants of the county of Broome, praying for the construction of a lock so as to unite the navigation of the Onondaga river with the Chenango canal, together with the report of the Canal Commissioners thereon, reported, that in the opinion of the committee, the prayer of the petitioners ought not to be granted.

Mr. Speaker put the question whether the House would agree with the committee in their said report, and it was determined in the affirmative.

Mr. Jackson, from the select committee to which was referred the memorial of sundry inhabitants of the county of Queens, praying for the passage of a law authorising the board of supervisors of said county to raise money to purchas a suitable site, and to erect thereon a new court-house and jail, reported; and asked leave to introduce a bill.

[See Document No. 131.]

Ordered, That leave be given to bring in such bill.

Mr. Jackson, according to leave, brought in the said bill, entitled "An act authorising the erection of a new court-house and jail in the county of Queens;" which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole house.

The annual report of the trustees of Union College was received and read.

[See Document No. 219.]

Ordered, That the said report be laid upon the table.

The annual report of Stephen E. Maltby, an inspector of beef and pork in the county of Onondaga, was received and read.

[See Document No. 207.]

Ordered, That the said report be referred to the committee on trade and manufactures.

The annual report of N. Wilson, an inspector of beef and pork in the county of Greene, was received and read.

[See Document No. 210.]

Ordered, That the said report be referred to the committee on trade and manufactures.

The annual report of the Commercial Bank in the city of Albany, was received and read.

[See Document No. 199.]

Ordered, That the said report be laid upon the table.

Ordered, That the committee of the whole be discharged from the consideration of the engrossed bill from the Senate, entitled "An act relating to the place of imprisonment of Elijah Welch, a convict now in the Auburn State prison;" and that the same be ordered to a third reading.

Thereupon,

By the unanimous consent of the House,
The said bill was read the third time.
Resolved, That the bill do pass.

Ordered, That the Clerk deliver the said bill to the Senate, and inform them that this House have passed the same without amendment.

Mr. Jackson gave notice that he would, on some future day, ask leave to introduce a bill, extending the powers conferred upon the Commissioners of the Land-Office, by article fourth of title fifth of chapter ninth of part first of the Revised Statutes, to lands under water, and between high and low water mark, in and adjacent to and surrounding the counties of Suffolk, Queens and Kings.

On motion of Mr. Kent,

Resolved, That the petition of Samuel Kelly, Joseph Cole and others, praying for remuneration for expenses incurred by attendance on the Astor trials, which were before the House at its last session, and for which a bill then passed, be referred to the committee on claims, to consider and report thereon.

The House then proceeded to the consideration of the recital and resolution heretofore offered by Mr. J. Haskell; the same was again read, in the words following, to wit:

Whereas it has been deemed wise and expedient, by the democratic electors of the city and county of New-York, to exact from their representatives a full and open avowal of their principles upon all important political questions involving the safety of their civil institutions; and whereas they have watched with an eye of jealousy to the public good, the welfare of their country, and the prosperity of those institutions, until they saw their liberties slowly but gradually wasting away, and a horde of aristocratic usurers and money changers rising in their stead, and assuming to themselves the right of dictation and mastership; and whereas by partial acts of past legislation, they have suffered their rights to be taken from them, and given to a favored few, without complaint; but believing that it is now time to take from the servant or agent the false power not conferred upon him, and to place him in a si