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On motion of Mr. Roosevelt, Reso/red. That the message of the Governor, just read, be committed to the committee of the whole house; and that six times the usual number of copies thereof, and of the documents accompanying the same, be printed for the use of the Legislature. Mr. Anthony offered for the consideration of the House, a resolution, in the words following, to wit: Resolved, That the number of messengers to be appointed by the Speaker for the present session, be limited to four, Ordered, That the said resolution be laid upon the table. On motion of Mr. Judd, Resolved, That when this House adjourns, it will adjourn to meet again to-morrow morning at eleven o'clock.

And then the House adjourned till cleven o'clock to-morrow morning.

WEDNESDAY, JANUARY 7, 1835.

The House met pursuant to adjournment. Mr. Benjamin, a member of Assembly duly elected in the county of Wayne, and Mr. Tomlinson, a member of Assembly duly elected in the county of Essex, appeared in the Assembly chamber. Thercupon, The Speaker duly administered to them the oath of office prescribed by the Constitution. Ordered, That Mr. Benjamin and Mr. Tomlinson do take their Seats. The petition of David G. Seger, of the county of Albany, praying to be admitted to his seat in this House, in the place of Henry G. Wheaton, was read, and referred to the committee on privileges and elections. The petition of Samuel S. Lush, of the city of Albany, praying for the repayment to him of a certain sum of money from the treasury of this State, paid for the purchase of certain lands, was read, and referred to the Commissioners of the Land-Office. The petition of Samuel P. Smith, of the county of Albany, praying relief in relation to a certain lot of land conveyed to him by the State, and incorrectly surveyed, was read, and referred to the Commissioners of the Land-Office. The petition of James Battle and others, of the city of Albany, praying for authority to change their names, was read, and referred to a select committee, consisting of Mr. Livingston, Mr. Waldron and Mr. Ogden. The petition of sundry inhabitants of the county of Chenango, praying for the incorporation of a bank, to be located at the village of Norwich in said county, by the name of the Wool-Growers' Bank, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance comanies. p The petition of the board of supervisors of the county of Herkimer, praying for the passage of an act authorising a further loan for the purpose of defraying the expense of erecting a new jail in said county, was read, and referred to a select committee, consisting of Mr. Gray, Mr. Tillinghast and Mr. Murphy. The petition of sundry inhabitants of the county of Livingston, praying for the construction of a canal from Rochester to Olean, through the valley of the Genesee, was read, and referred to the committee on canals and internal improvements. The petition of John Car Scadden, of the county of Madison, praying compensation for damages alleged to have been sustained in consequence of the construction of the Erie canal, was read, and referred to the committee on claims. The petition of Nathaniel Parish, collector of the town of Bushwick in the county of Kings, praying for an extension of time in collecting the taxes for said town, was read, and referred to a select committee, consisting of Mr. Jackson, Mr. Phillips and Mr. Conklin. The petition of the supervisors of Kings county, praying for the passage of an act authorising them to raise money to erect a county jail and clerk's office in said county, and for other purposes, was read, and referred to a select committee, consisting of Mr. Phillips, Mr. Conklin and Mr. Jackson. The petition of Isaac Satterly, praying for lands due the heirs of Henry Satterly, a soldier in the revolutionary war, was read, and referred to the committee on claims. The petition of Justin Smith, praying for an act to enable him to complete and protect from injury a certain aqueduct in the village of Whitehall, was read, and referred to a select committee, consisting of Mr. Moore, Mr. M'Kie and Mr. Horton. A communication from the Comptroller was received and read, in the words following, to wit:

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COMPTROLLER'S OFFICE, •Albany, January 7, 1835. : To THE SPEAKER of The Assembly. SIR, Herewith is transmitted the annual report required from this office. I have the honor to be, With great respect, Your obedient servant, A. C. FLAGG.

[See Document JNo. 5.]

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

A communication from the Superintendent of Common Schools, was received and read, in the words following, to wit:

STATE OF NEW-YORK, SECRETARY’s Office. •Albany, January 7, 1835. To THE SPEAKER of THE Assembly. SIR, I have the honor to transmit here with the annual report required of the Secretary of State as Superintendent of Common Schools. I am, very respectfully, Your obedient servant,

JOHN A. DIX. [See Document JNo. 8.]

Ordered, That the said report be referred to the committee on colleges, academies and common schools.

Ordered, That four times the usual number of copies of the said report be printed for the use of the Legislature.

A communication from the Treasurer was received and read, in the words following, to wit:

STATE OF NEW-YORK. .1lbany, January 7, 1835. The Hon. CHARLEs HUMPHREY, Speaker of the Assembly. SIR, I have the honor here with to transmit to the Honorable the Assembly, the annual report required from this office. I am, with great respect, Your obedient servant,

A. KEYSER, Treasurer. [See Document JNo. 6.]

Ordered, That the said report be laid upon the table. A communication from the Commissioners of the Canal Fund, was received and read, in the words following, to wit:

To the Legislature of the State of New-York.

The Commissioners of the Canal Fund, pursuant to chapter nine, title two of the first part of the Revised Statutes, respectfully submit the following report:

[See Document JNo. 4.]

Ordered, That the said report be referred to the committee on canals and internal improvements. Ordered, That four times the usual number of copies of the said report be printed for the use of the Legislature. *

On motion of Mr. Palmer, Resolved, That the Clerk be directed to furnish each member with a good and substantial lock and key to his desk in this house. Mr. Roosevelt gave notice that he would, at some future day, with the leave of the House, introduce a bill to prevent the circulation within this State of notes of the banks of this State under the denomination of five dollars, and of the banks of other States under the denomination of ten dollars; and to restore to individuals and unincorporated associations, including limited partnerships, their natural rights in relation to banking, with the restriction, however, of issuing no notes under the denomination of one hundred dollars. The House then proceeded to the consideration of the resolution heretofore offered by Mr. Anthony; the same being amended, was again read, in the words following, to wit: Resolved, That the number of messengers to be appointed by the Speaker for the present session, be limited to five. Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative. The House then proceeded to the consideration of the resolution heretofore offered by Mr. Herttell; the same being amended, was again read, in the words following, to wit: Resolved, That the Clerk cause to be procured for the use of this House, diagrams of the Senate and Assembly chambers; Constitution of the United States and of the State of New-York, with marginal notes; Articles of Confederation of the States; order of business in the Senate and Assembly; joint rules and orders of the two houses, when they shall have been adopted by this House, and the rules and orders of the Senate and Assembly; an alphabetical list of the members of both Houses, with their places of residence; a list of the members of this House by counties, and a list of senators arranged according to their district; the standing committees of both Houses; the select committees of both Houses on the Governor's message; a list of the State or salary officers, and their respective salaries; an alphabetical list of the several towns and counties in this State, with the number of inhabitants in each, according to the last census of this State and of the United States; the estimated quantity of acres of land, and the value of real and personal estate; the amount of canal tolls received at each of the offices in the State; a list of the banks and insurance companies in the State, with the amount of their capital, and the time when their charter will expire; statement of the rates of toll on the NewYork canals; list of banks subject to the Safety fund law; statement of the funds of the State for 1834; also the names of all the post-offices in the State, their distance from Albany, their location, and by whom kept; list of members of the twenty-third Congress, and a calendar for 1835; a map of the State of New-York: And to have the same bound in a pocket volume, and deliver a copy thereof to each of the members and officers of this House. Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative.

* Mr. Roosevelt offered for the consideration of the House, a resolution, in the words following, to wit: Whereas the Legislature, at its last session, (a majority of all the members elected to each of the two houses agreeing thereto,) did resolve that the following amendment to the Constitution of this State, be proposed and referred to the Legislature then next to be chosen: And whereas the said proposed amendment has been published for three months previous to the time of making such choice: Resolved, That this Assembly (two-thirds of all the members elected voting in the affirmative,) do agree to the said proposed amendment, in the words following, to wit: Whenever a sufficient amount of money shall be collected and safely invested for the reimbursement of such part as may then be unpaid of the money borrowed for the construction of the Erie and Champlain canals, the tenth section of the seventh article of the Constitution of this State, so far as it relates to the amount of duties on the manufacture of salt, and the amount of duties on goods sold at auction, shall cease and determine; and thereafter the duties on goods sold at auction, excepting therefrom the sum of thirty-three thousand five hundred dollars, otherwise appropriated by the act of the fifteenth of April, 1817, and the duties on the manufacture of salt, shall be restored to the General fund. Ordered, That the said resolution be referred to the committee on the judiciary. On motion of Mr. Cash, Resolved, That the members of this House will testify their respect for the memory of Robert Fowler deceased, member elect to this House from Orange county, by wearing crape on the left arm for thirty days. - Resolved, That the Clerk be directed to transmit a copy of the preceding resolution to the family of the deceased. On motion of Mr. Wager, Resolved, That a select committee be appointed, to select such articles of stationary for the use of this House, as have not yet been procured by the Clerk. Ordered, That Mr. Wager, Mr. Lockwood and Mr. Patterson, be a committee in pursuance of the preceding resolution. The House then resolved itself into a committee of the whole, on the message of the Governor; and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Livingston, from the said committee, reported, that the committee had agreed to several resolutions, in the words following, to wit: Resolved, That so much of the Governor's message as relates to the judiciary of the State, be referred to the standing committee on the judiciary. Resolved, That so much of the said message as relates to the finances of the State, and the funds and revenue thereof, be referred to the standing committee on ways and means. Resolved, That so much of the said message as relates to canals

[Assembly Journal.] 5

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