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Mr. Moseley, from the committee on Indian affairs, to which was referred the several petitions of Josiah Rawson and Robert Toan of the town of Lenox in the county of Madison, praying for an act authorising the Commissioners of the Land-Office to convey to them certain lands belonging to individuals, members of the Orchard Party of Oneida Indians, and by them sold to the petitioners, reported; and asked leave to introduce a bill.

[See Document No. 218.]

Ordered, That leave be given to bring in such bill

. Mr. Moseley, according to leave, brought in the said bill, entiled “An act for the relief of Josiah Rawson and Robert Toan;" 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. C. Strong, 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 sundry inhabitants of Sullivan in the county of Madison, praying for a law authorising said town to raise money by tax, to improve a certain road in said town, reported a bill, entitled “An act authorising an additional sum of money to be raised in the town of Sullivan in the county of Madison, for the construction and maintenance of a highway from Chittenango landing to Oneida lake;" 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. Thorn, from the committee on the incorporation of charitable and religious societies, to which was referred the engrossed bill from the Senate, entitled “An act to incorporate the Troy orphan asylum,” 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. Van Benthuisen, from the committee on the incorporation and alteration of the charters of banking and insurance companies, to which was referred the petition of the president, directors and company of the Mechanics and Farmers' Bank in the city of Albany, praying for an amendment of their charter, reported a bill, entitled “An act to amend the charter of the Mechanics' and Farmers' bank in the city of Albany;" 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. Adams, from the committee on grievances, to which was referred the petition of Samuel Trowbridge, asking for the passage of a law to restore to him ten dollars and sixty-four cents, a tax which he alleges he paid by mistake, reported; and recommended that the petitioner have leave to withdraw his petition.

[See Document No. 230.] [ASSEMBLY JOURNAL.) 37

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. D. Sibley, from the select committee to which was referred the petition of sundry inhabitants of the city of Rochester, praying for the incorporation of a company by the name of the Rochester Water-Works Company, reported; and asked leave to introduce a bill.

[See Document No. 233.) Ordered, That leave be given to bring in such bill.

Mr. D. Sibley, according to leave, brought in the said bill, entitled "An act to incorporate the Rochester water-works company;" 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. Livingston, from the select committee to which was referred the bill entitled “An act to amend the charter of the minister, elders and deacons of the Second Protestant Reformed Dutch church in the city of Albany," reported, that the committee had gone through the said bill, and agreed to the same without amendment; which he was directed to report to the House, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the House.

Ordered, That the bill be engrossed.

Mr. Crain, from the select committee to which was referred the bill entitled "An act relative to the Cayuga and Susquehannah turnpike company,” reported, that the committee had gone through the said bin, 'made amendments thereto, and agreed to the same; which he was directed to report to the House, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the House.

Ordered, That the bill be engrossed.

Mr. A. Hascall, from the select committee to which was referred the bill entitled "An act to repeal so much of the Revised Statutes as relates to the inspection of fish taken in the county of Jefferson," reported, that the committee had gone through the said bill, made amendments thereto, and agreed to the same; which he was directed to report to the House, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the House.

Ordered, That the bill be engrossed.

Mr. Cash, from the select committee to which was referred the bil! entitled "An act incorporating the Chenango canal bridge com. pany in the county of Broome,” reported, that the committee had gone through the said bill, and agreed to the same without amendment; which he was directed to report to the House, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the House.

Ordered, That the bill be engrossed.
Mr. Quackenboss, from the select committee to which was re-

ferred the engrossed bill from the Senate, entitled “An act providing for the erection of a bridge over the Esopus creek,” reported, that the committee had gone through the said bill, and agreed to the same without amendment; which he was directed to report to the House, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the House, and the bill ordered to a third reading.

The engrossed bill from the Senate, entitled "An act providing for the erection of a bridge over the Esopus creek," 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. A. Hascall gave notice that he would hereafter ask leave to introduce a bill to prohibit the sale of ardent spirits to the St. Regis Indians in the counties of Franklin and St. Lawrence, and to repeat so much of the act entitled “An act to amend the act entitled 'An act relative to the different tribes and nations of Indians in this State,'” passed April 11th, 1826, as relates to the St. Regis Indians.

Mr. Tomlinson gave notice that he would, on some future day, ask leave to introduce a bill, authorising the supervisors of the county of Essex to raise an additional sum of money for the completion of a fire-proof clerk's office in said county,

On motion of Mr. Shepard, Resolved, That the bill for the relief of Josiah Rawson and Ro. bert Toan, be made the special order for to-morrow.

On motion of Mr. Adams, Resolved, That the bill entitled "An act to amend the act entitled 'An act to abolish imprisonment for debt, and to punish fraudulent debtors,' passed April 26th, 1831," be made the special order of the day for Thursday next.

Mr. Cuykendall gave notice that he would, on some future day, ask leave to bring in a bill entitled "An act to provide for the pay. ment of costs in certain cases."

Mr. Moore gave notice that he would, at some future time, ask leave to introduce a bill to vest certain additional powers in the Supreme Court commissioner appointed for the town of Whitehall in the county of Washington.

Ordered, That Mr. Benjamin have leave of absence for six days, and Mr. Carpenter for twelve days.

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

Resolved, (if the Senate concur,) That the following amendment be proposed to the Constitution of this State, and referred to the Legislature next to be chosen, and published in pursuance of the first section of the eighth article of said Constitution, viz:

“The mayor of the city of Brooklyn shall be elected annually by the male inhabitants of said city entitled to vote for members

of the common council thereof, in such manner as the Legislature shall by law prescribe; and so much of the tenth section of article fourth of the Constitution of this State, as is inconsistent with this amendment, is abrogated.”

Mr. Speaker put the question whether the House would agree the said resolution, and it was determined in the affirmative, twothirds of all the members elected to this House voting in favor thereof, as follows, to wit:

AYES 104 NAYS 00

Those who voted in the affirmative are

Mr. Adams
Mr. Anthony
Mr. Baker
Mr. Barnes
Mr. Beecher
Mr. Bennet
Mr. Blatchly
Mr. Brasher
Mr. Brooks
Mr. A. Brown
Mr. G. Brown
Mr. Burhans
Mr. Burke
Mr. Barnum
Mr. Burr
Mr. Cadwell
Mr. Carpenter
Mr. Carr
Mr. Cash
Mr. A. Clark
Mr. J. Clark
Mr. Clinch
Mr. Coe
Mr. Conklin
Mr. Crain
Mr. Crary
Mr. Crosby
Mr. Crowell
Mr. Cuykendall
Mr. Davis
Mr. Denniston
Mr. Eldred
Mr. Farwell
Mr. Finch
Mr. Fisher

Mr. Gray Mr. Griswold Mr. Groom Mr. Harvey Mr. A. Hascall Mr. J. Haskell Mr. Healy Mr. Hendee Mr. Hicks Mr. Hildreth Mr. Hiller Mr. Hillyer Mr. Huichinson Mr. Ingersoll Mr. Jackson Mr. Judd Mr. Kent Mr. King Mr. J. W. Lewis Mr. T. Lewis Mr. Livingston Mr. Lockwood Mr. Loomis Mr. Lytle Mr. Mallory Mr. M'Kie Mr. M'Neil Mr. Moore Mr. Moseley Mr. Murphy Mr. Ogden Mr. Ostrom Mr. P. W. Paddock Mr. W. S. Paddock Mr. Patterson

Mr. Phillips Mr. Philo Mr. Plumb Mr. Preston Mr. Quackenboss Mr. Rice Mr. Richmond Mr. Ringgold Mr. Roosevelt Mr. Seger Mr. Shafer Mr. Shepard Mr. D. Sibley Mr. M. H. Sibley Mr. Simmons Mr. Speaker Mr. Springer Mr. Stetson Mr. Suffern Mr. Thorn Mr. Tillinghast Mr. Tomlinson Mr. Tyrrel Mr. Van Benthuisen Mr. Van Bergen Mr. Wager Mr. Waldron Mr. Warren Mr. Wheeler Mr. Wilcoxson Mr. Wilkinson Mr. Woodward Mr. W. Woodworth Mr. Wylie

104

Ordered, That the Clerk deliver a copy of the said resolution to the Senate, and request their concurrence in the same.

A communication from the Commissioners of the Land-Office, was received and read, in the words following, to wit:

The Commissioners of the Land Office, on the petition of John S. Quackenboss and others, asking of the Legislature two hundred acres of land, being a class right conveyed to their deceased father, Lieutenant Abraham D. Quackenbuss, by a class in Col. Fisher's regiment of New-York militia, or asking an equivalent in money, respectfully report:

[See Document No. 236.]

Ordered, That the said report be referred to the committee on public lands.

The Senate sent for concurrence, a bill entitled "An act authorising the comptroller to loan money to the county of Chautauque.”

The said bill was read the first time, and by unanimous consent was also read a second time, and referred to a select committee, consisting of Mr. M'Cluer, Mr. Woodward and Mr. Moseley.

A message from the Senate was read, informing that they have passed the bill entitled “An act to increase the salaries of the chancellor, justices of the supreme court, and circuit judges,” with the amendments therewith delivered.

The said bill and amendments were read; and the amendments having been again read, Mr. Wager

made a motion that the Housc should agree to concur with the Senate in their said amendments.

Thereupon,
Mr. Livingston moved the previous question.

Mr. Speaker put the question, "Shall the main question be now put?" and it was determined in the negative.

NAYS 59

AYES 44
The ayes and nays being required by ten members,

Those who voted in the negative are

Mr. Baker
Mr. Barnes
Mr. Beechcr
Mr. Bennet
Mr. Blatchly
Mr. Brooks
Mr. A. Brown
Mr. G. Brown
Mr. Burke
Mr. Barnum
Mr. Burr
Mr. Carpenter
Mr. Coe

Mr. Healy
Mr. Hendee
Mr. Herttell
Mr. Hildreth
Mr. Hiller
Mr. Hillyer
Mr. Hutchinson
Mr. Ingersoll
Mr. Jackson
Mr. J. W. Lewis
Mr. T. Lewis
Mr. Mallory
Mr. M'Kie

Mr. Preston
Mr. Richmond
Mr. Seger
Mr. Shepard
Mr. D. Sibley
Mr. M. H. Sibley
Mr. Simmons
Mr. Springer
Mr. Suffern
Mr. Tillinghast
Mr. Tomlinson
Mr. Tyrrel
Mr. Van Benthuisen

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