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Mr. Waldron
Mr. Warren
Mr. Wheeler
Mr. Wilcoxson
Mr. Woodbury

Mr. Finch Mr. W. S. Paddock Mr. Woodward
Mr. Gray Mr. Palmer Mr. A. Woodworth
Mr. Griswold Mr. Parker Mr. W. Woodworth
Mr. Groom Mr. Patterson . Mr. Wylie

Mr. Hall Mr. Peck 392

Those who voted in the negative are

Mr. J. Haskell Mr. Roosevelt. 3

Mr. Carr The engrossed bill from the Senate, entitled “An act to establish the western bonndary line of the village of Le Roy, and to confirm certain proceedings of the inhabitants and officers thereof,” with the engrossed amendment, was read the third time. Mr. Speaker put the question whether the House would agree to the final passage of the said bill, and it was determined in the affirmative, two-thirds of all the members elected to this House voting in favor thereof, as follows, to wit:

AYES 93
NAYS 02

Those who voted in the affirmative are

Mr. Adams
Mr. Baker
Mr. Barnes
Mr. Benjamin
Mr. Bennet
Mr. Brasher
Mr. Brooks
Mr. G. Brown
Mr. Burhans
Mr. Burr
Mr. Cadwell
Mr. Carpenter
Mr. Carr
Mr. Cash
Mr. A. Clark
Mr. C. Clark .
Mr. J. Clark
Mr. Coe
Mr. Conklin
Mr. Crain
Mr. Crowell
Mr. Cuykendall

Mr. Harvey
Mr. A. Hascall
Mr. Hendee
Mr. Hicks
Mr. Hildreth
Mr. Hiller
Mr. Hillyer
Mr. Horton
Mr. Hough
Mr. Jackson
Mr. Judd
Mr. King
Mr. Krum
Mr. J. W. Lewis
Mr. T. Lewis
Mr. Livingston
Mr. Lytle
Mr. Mallory
Mr. M'Cluer
Mr. Moore
Mr. Moseley
Mr. Murphy

[Assembly Journal.] 62

Mr. Philo
Mr. Plumb
Mr. Powers
Mr. Preston
Mr. Quackenboss
Mr. Richmond
Mr. Roosevelt
Mr. Seger
Mr. Shepard
Mr. D. Sibley
Mr. M. H. Sibley
Mr. Speaker
Mr. Springer
Mr. Stetson
Mr. Stevens
Mr. C. Strong
Mr. E. Strong
Mr. Thorn
Mr. Tomlinson
Mr. Tyrrel
Mr. Van Bergen
Mr. Wager

Mr. Davis Mr. Niles Mr. Wakdron
Mr. Dayan Mr. Odell Mr. Warren
Mr. Denniston Mr. P. W. Paddock Mr. Wheeler
Mr. Farwell Mr. W. S. Paddock Mr. Wilcoxson
Mr. Finch Mr. Palmer Mr. Woodbury
Mr. Gray Mr. Parker Mr. Woodward
Mr. Griswold Mr. Patterson Mr. A. Woodworth
Mr. Groom Mr. Peck Mr. W. Woodworth
Mr. Hall Mr. Pettit Mr. Wylie 93. "

Those who voted in the negative are Mr. J. Haskell Mr. Wetmore 2

Ordered, That the Clerk return the said bills to the Senate, and inform them that this House have passed the same severally with the amendments there with delivered.

The engrossed bill from the Senate, entitled “An act to authorise the Matteawan company to extend their capital,” was read the third time.

Mr. Speaker put the question whether the House would agree to the final passage of the said bill, and it was determined in the affirmative, two-thirds of all the members elected to this House voting in favor thereof, as follows, to wit:

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Mr. Adams Mr. Harvey Mr. Peck
Mr. Baker Mr. A. Hascall Mr. Pettit
Mr. Barnes Mr. Hendee Mr. Philo
Mr. Benjamin Mr. Hicks Mr. Plumb
Mr. Bennet Mr. Hildreth Mr. Powers
Mr. Brasher Mr. Hiller Mr. Preston
Mr. Brooks Mr. Hillyer Mr. Quackenboss
Mr. G. Brown Mr. Horton Mr. Richmond
Mr. Burhans Mr. Hough Mr. Seger
Mr. Barnum Mr. Jackson Mr. Shepard
Mr. Cadwell Mr. Jones Mr. D. Sibley
Mr. Carpenter Mr. Judd Mr. M. H. Sibley
Mr. Cash Mr. King Mr. Speaker
Mr. A. Clark Mr. Krum Mr. Stetson
Mr. C. Clark Mr. J. W. Lewis Mr. C. Strong
Mr. J. Clark Mr. T. Lewis Mr. E. Strong
Mr. Coe Mr. Livingston Mr. Thorn
Mr. Conklin Mr. Lytle Mr. Tomlinson
Mr. Crain Mr. Mallory Mr. Tyrrel
M1. Crowell Mr. M'Cluer Mr. Van Bergen

Mr. Cuykendall Mr. Moore Mr. Wager

Mr. Davis Mr. Moseley Mr. Waldron
Mr. Dayan Mr. Murphy Mr. Warren
Mr. Denniston Mr. Niles Mr. Wilcoxson
Mr. Farwell Mr. Odell Mr. Woodbury
Mr. Finch Mr. P. W. Paddock Mr. Woodward
Mr. Gray Mr. W. S. Paddock Mr. A. Woodworth
Mr. Griswold Mr. Palmer Mr. W. Woodworth
Mr. Groom Mr. Parker Mr. Wylie

Mr. Hall - Mr. Patterson 89

Those who voted in the negative are

Mr. Carr - Mr. J. Haskell Mr. Wheeler
Mr. Clinch Mr. Roosevelt 5

Ordered, That the clerk return the said bill to the Senate, and inform them that this House have passed the same without amendment. Mr. Thorn offered for the consideration of the House, a resolution, in the words following, to wit: Resolved, That as a measure preliminary to the enlargement of the Erie canal, the Canal Commissioners be, and they are hereby directed to ascertain the amount of private damages to which this State will be subject throughout the whole line of the said canal, in consequence of such enlargement, whether for land, hydraulic privileges, removal of buildings, or of what nature or kind soever; and in all cases where the same shall be practicable, to make conditional contracts, by which the amount of such damages shall be determined; and that they make report thereon to the next Legislature, showing the amount of damages which shall have been determined by contracts as aforesaid, and specifying the localities in which they shall not have been able to conclude such contracts, setting forth the difficulties in each case, and showing the amount of damages probably to be demanded in such instances, or an estimate thereof: That they likewise report a detailed practical estimate of the entire cost of the proposed enlargement of the said canal: And further, that they report as aforesaid whether, in any instances, on the route of the said canal, it will be expedient, in consideration of the expense to be incurred, or for other reasons, to deviate from the present line and open a new canal, instead of enlarging the present one; and if so, to specify the instances, and state the considerations in favor of such deviations, their length respectively, and the points at which they will be connected with the present canal. Ordered, That the said resolution be laid upon the table. Ordered, That the usual number of copies of the said resolution be printed for the use of the Legislature.

[See Document JNo. 340.]

On motion of Mr. Cash, Resolved, That the bill entitled “An act to provide for the support of the government of this State,” be referred to a sekect committee to report complete. Thereupon, Ordered, That Mr. Cash, Mr. Dayan and Mr. Roosevelt, be the said committee. On motion of Mr. Parker, Resolved, That the bill to take off two mills per bushel for pumping salt water in the town of Salina, be referred to a select committee to report complete. Thereupon, Ordered, That Mr. Parker, Mr. Pettit and Mr. Lytle, be the said committee. On motion of Mr. Cash, Ordered, That the committee of the whole be discharged from the further consideration of the resolution amending the Constitution relative to the canal tolls and canal fund, and that the same be laid upon the table. Mr. Roosevelt offered for the consideration of the House, a resolution, in the words following, to wit: Resolved, That the following amendment to the Constitution of this State be proposed and referred to the Legislature next to be chosen, and that the Secretary of State cause the same to be published for three months previous to the next annual election, in pursuance of the first section of the eighth article of the said Constitution: The Legislature may abolish the office of circuit judge, and may provide by law for increasing the number of chancellors and judges of the supreme court, and defining their powers and duties; and may from time to time so organize the court of chancery and the supreme court, as to prevent delays of justice and to promote the public convenience; and such additional chancellors and judges shall be members of the court for the trial of impeachments and the correction of errors. Ordered, That the said resolution be laid upon the table. Ordered, That the usual number of copies of the said resolution be printed for the use of the Legislature.

[See Document JNo. 338.]

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

Resolved, That the following amendment be proposed to the Constitution of this State, and that the same be referred to the Legislature next to be chosen, and published in pursuance of the provisions of the first section of the eighth article of the said Constitution:

That so much of the fourth section of the fifth article of the Constitution of this State, as limits the number of justices of the

supreme court, be abolished, and that hereafter there shall be four justices of said court, unless the Legislature shall see fit to authorize the appointment of a larger number of justices; and that so much of the fifth section of the fifth article of said Constitution as relates to circuit judges, "be, and the same is hereby abolished: And further, that said Constitution be further amended by authorizing the Legislature to establish a superior court of common pleas, of concurrent jurisdiction with the supreme court, (in all cases excepting such as the Legislature may hereafter except:) And further, that all writs of error from either the said supreme court or superior court of common pleas, shall be brought to and heard before the court of errors provided for in said article fifth of the Constitution: And further, that the said superior court of common pleas shall consist of a chief justice and four justices, and no greater number, without the Legislature shall otherwise direct; any of whom may hold the court, and who shall respectively hold their offices by the same manner of appointment, and under the same tenure, and subject to the same constitutional privileges and restrictions as are granted to or imposed upon the judges of the supreme court by said Constitution: And further, that the, said chief justices and justices of the said supreme court and superior court of common pleas shall, in the trial of all issues joined in either of the courts last mentioned, and in courts of oyer and terminer and general jail delivery, possess all the powers now conferred on the circuit judges of this State; and that it shall be the duty of the said chief justices and justices of said courts, to hold all circuit courts for the trial of all issues joined in either of said courts in

the several counties of this State, subject nevertheless to legislative direction and control.

Thereupon, Mr. Livingston made a motion that the House should agree to strike out so much of the said resolution as embraces the proposed amendment to the Constitution, and insert the following: “There shall hereafter be a supreme court and a superior court of common pleas in this State. “The supreme court shall be denominated the supreme court of the State of New-York. It shall possess exclusive jurisdiction in cases of quo warranto, mandamus, certiorari and prohibition, and on writs of error in criminal cases. “The superior court of common pleas shall be denominated the superior court of common pleas of the State of New-York, and shall possess exclusive jurisdiction on writs of error from the superior courts of common pleas. “In all other cases the said two courts shall possess concurrently, the present jurisdiction of the supreme court. “The said two courts shall be co-ordinate, and writs of error shall lie from each directly to the court for the correction of errors. “There shall be a chief justice and four other justices of the supreme court, and no greater number, without the Legislature shall otherwise direct, either or any of whom may hold the said

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