occupied as a market, and to appropriate the avails of the same to the purchasing of a site, &c. for erecting a new market thereon. It appears to me that each of these sections enlarges the powers of the mayor and common council; and if so, they must be considered as altering a body politic or corporate; and consequently the bill containing them cannot be considered by me as duly passed, unless it appears by the certificate of the presiding officer of each branch of the Legislature, that two-thirds of all the members elected to each voted in favor thereof. The bill does not furnish that evidence, and I cannot therefore regard it as having passed by the votes of two-thirds of the members elected. Not having received the bill until this morning, I have not had an opportunity to examine minutely the former course of legislation on like subjects; but I find several instances in which similar bills have been regarded as two-third bills, and none of like character that have been passed as majority bills. "An act authorising the trustees of the village of Buffalo to raise money by tax, for the extinguishment of fires," (Sess. 1832, chap. 147,) was passed as a two-third bill; also the "Act for the further support and extension of common schools in the city of New-York," passed at the same session, (chap. 119,) was regarded as a two-third bill. It is true that I find several laws in the statute books, passed as majority bills, which authorise the mayor, recorder and aldermen of the city of New-York to raise money; but in each one of them (thus passed) which I have examined, the authority is expressly given to them as supervisors of the city and county of New-York. I am therefore inclined to believe that this fact was made a ground of distinction as to the application of that clause of the Constitution, requiring in certain cases the votes of two-thirds of all the members elected to pass a bill. I do not find that the boards of supervisors of the counties have ever been considered a body politic or corporate, within the meaning and operation of that clause of the Constitution. At the same time that the bill now under consideration was transmitted to me by you, I received from you another, entitled "An act to authorise the raising of money for the support of the Lancaster school in the city of Hudson." This bill simply empowers the mayor, recorder and commonalty of the city of Hudson to raise four hundred dollars by a tax, and directs them to pay the money over to the trustees of the Lancaster school, who are required to apply the same for the support of it. This act was passed by you as a two-third bill: If it was so, or if either of the others to which I have referred was a two-third bill, then the one under consideration is undoubtedly of that character. Believing it to be a two-third bill, I return it to you as one sent to me without having been passed by the Assembly in the manner required by the Constitution. I have not the slightest objection to the provisions of the bill; and shall, if it duly passes by the constitutional vote of two-thirds of the members of both branches of the Legislature, most cordially give it my approval. Albany, May 11, 1835. W. L. MARCY. Thereupon, Mr. Speaker again 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: Mr. Adams Mr. Anthony Mr. Beecher Mr. Benjamin Mr. Carr Mr. A. Hascall Mr. J. Haskell Mr. Hendee Mr. Herttell Mr. Judd Mr. Kent Mr. King Mr. Livingston Mr. Murphy Mr. Phillips Mr. Preston Mr. Quackenboss Mr. Richmond Mr. Davis Mr. Dayan Mr. Denniston Mr. Griswold Mr. Peck Mr. Pettit Mr. Woodbury 100 Ordered, That the Clerk deliver the said bill to the Governor. A message from the Senate was read, informing that they have passed the bill entitled "An act to amend the act entitled 'An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes,' passed April 2d, 1829," with the amendments therewith delivered. The said bill and amendments were read; and the amendments having been again read, sundry of the said amendments were concurred in, and others non-concurred in. Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred in sundry of their said amendments, and non-concurred in others, as the same are for that purpose designated in the margin of the said message. A message from the Senate was read, informing that they have passed the bill entitled "An act to amend act entitled 'An act in relation to the superintendents of the poor of the several counties of this State,' passed April 25th, 1832," without amendment. Ordered, That the Clerk deliver the said bill to the Governor. A copy of a resolution of the Senate was received and read, in the words following, to wit: Resolved, (if the Assembly concur,) That a committee of conference be appointed, on the amendments to the bill entitled "An act to amend title second of chapter fifteenth of part first of the Revised Statutes, entitled 'Of common schools,' "which are the subject of disagreement between the two houses; and in case of concurrence, that Mr. Gansevoort, Mr. Young and Mr. Halsey, be of the said committee on the part of the Senate. Thereupon, Resolved, That this House do concur with the Senate in their said resolution; and that Mr. Patterson, Mr. Wager and Mr. Adams, be of the said committee on the part of this House. Ordered, That the Clerk deliver a copy of the preceding resolution of concurrence to the Senate. A message from the Senate was read, informing that they have passed the bill entitled "An act to enlarge the powers of commissioners of highways," without amendment. Ordered, That the Clerk deliver the said bill to the Governor. A message from the Senate was read, informing that they have concurred with this House in its amendment to the bill entitled "An act to divide the town of Cuba in the county of Allegany," and have amended the same accordingly. The said amended bill having been examined, Ordered, That the Clerk return the same to the Senate. A message from the Senate was read, informing that they have passed the bill entitled "An act to compensate Samuel Farwell for services rendered to the State upon the Erie canal," with the amendments therewith delivered. The said bill and amendments were read; and the amendments having been again read, and concurred in, Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred with them in their amendments to the said bill, and amended the same accordingly. The Senate returned the bill entitled "An act in relation to the State prisons," and the bill entitled "An act in relation to the Capitol." Ordered, That the Clerk deliver the said bills to the Governor. Ordered, That the committee on rail-roads be discharged from the further consideration of the petition and remonstrance of the inhabitants of the villages of Lansingburgh and Waterford, in relation to the amendment to the charter of the Rensselaer and Saratoga rail-road; and that the petitioners have leave to withdraw their documents. A message from the Senate was read, informing that they have receded from their amendments non-concurred in by this House, to the bill entitled "An act to amend the act entitled 'An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes,' passed April 2d, 1829," and have concurred with this House in its amendment to the amendment of the Senate to the said bill. Ordered, That the Clerk deliver the said bill to the Governor. Mr. Patterson, from the committee appointed on the part of the House, to confer with the committee on the part of the Senate, on the difference between the two houses on the amendment of the Senate to the bill entitled "An act to amend title second of chapter fifteenth of part first of the Revised Statutes, entitled 'Of common schools,"" reported, that they have performed the duties assigned them, and the committee of the Senate have agreed to recommend that the Senate recede from their amendments. Mr. Speaker put the question whether the House would agree with the committee in their said report, and it was determined in the affirmative. Ordered, That the petitioners have leave to withdraw the papers and documents accompanying the bill entitled "An act relating to the Utica and Schenectady rail-road." A message from the Senate was read, informing that they have passed the bill entitled "An act for the payment of certain officers of the government, and for other purposes," with the amendments therewith delivered. The said bill and amendments were read; and the amendments having been again read, some of said amendments were concurred in, and others non-concurred in. Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred in sundry of their said amendments, and non-concurred in others, as the same are for that purpose designated on the margin of the said message.. A message from the Senate was read, informing that they have receded from their resolution of non-concurrence to the amendments of this House to the bill entitled "An act relating to the militia and public defence," and have amended the same accordingly. The said amended bill having been examined, Ordered, That the Clerk return the same to the Senate. The Senate returned the bill entitled "An act to amend the act entitled 'An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes,' passed April 2d, 1829." Ordered, That the Clerk deliver the said bill to the Governor. The Senate returned the bill entitled "An act to compensate Samuel Farwell for services rendered to the State upon the Erie canal." Ordered, That the Clerk deliver the said bill to the Governor. A copy of a resolution of the Senate was received and read, in the words following, to wit: Resolved, (if the Assembly concur,) That a committee of conference be appointed, on the amendments to the bill entitled "An act for the payment of certain officers of the government, and for other purposes," which are the subject of disagreement between the two houses; and in case of concurrence, that Mr. Tracy, Mr. Van Schaick and Mr. Gansevoort, be of the said committee on the part of the Senate. Thereupon, Resolved, That this House do concur with the Senate in their said resolution; and that Mr. Judd, Mr. Dayan and Mr. D. Sibley, be of the said committee on the part of this House. Ordered, That the Clerk deliver a copy of the preceding resolution of concurrence to the Senate. A message from the Senate was read, informing that they have passed the bill entitled "An act to repeal the act therein mentioned," without amendment. Ordered, That the Clerk deliver the said bill to the Governor. A message from the Senate was read, informing that they have passed the bill entitled "An act authorising the raising by an equitable assessment upon the real estate situated in the city of Utica, the money required to be paid to the canal fund by an act to change the location of the northern termination of the Chenango canal," with the amendments therewith delivered. . The said bill and amendments were read; and the amendments having been again read, and concurred in, Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred with them in their amendments to the said bill, and amended the same accordingly. Mr. Judd, from the committee of conference on the part of this House, upon the amendments to the bill entitled "An act to provide for the payment of certain officers of the government, and for other purposes," reported, that the committee had agreed to strike out of the said amendments, the eighth section, relating to an increase of the salary of the canal commissioners; also the last clause of the ninth section, in the following words, "and the same allowance for travelling as has heretofore been allowed him, to be certified by the president of the senate;" and to alter the tenth section, by striking out of the same the words "the same allowance." and inserting "one dollar and fifty cents;" and also by striking out of the last clause of the same section, "as was allowed him at the last meeting of the senate;" so that the tenth section, as amended, should read as follows: "§ 10. The treasurer shall pay, on the warrant of the comptroller, to Jacob Griffin, one dollar and fifty cents per day for his attendance as messenger on the extra meetings of the court for the correction of errors." Mr. Speaker put the question whether the House would agree with the committee in their said report, and it was determined in the affirmative. |