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No. 75.

IN ASSEMBLY,

January 18, 1836.

RESOLUTION

Offered by Mr. Dikeman, proposing an amendment to the Constitution, relative to the election of mayors of cities.

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:

Mayors of the several cities in this State, may be elected annually by the male inhabitants entitled to vote for members of the common councils of such cities respectively, in such manner as the Legislature shall by law provide: and the Legislature may, from time to time, make such provision by law for the election of any one or more of such mayors; but until such provision be made by law, such mayors (except the mayor of the city of New-York,) shall be appointed in the manner now prescribed by the Constitution of this State. And so much of the tenth section of article fourth of the Constitution of this State as is inconsistent with this amendment, is hereby abrogated.

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No. 76.

IN ASSEMBLY,

January 23, 1836.

REPORT

Of the committee on the judiciary, upon the expediency of authorizing special elections of Representatives in Congress in certain cases.

Mr. Cutting, from the committee on the judiciary, who were instructed by a resolution of this House, adopted on the 16th instant, to inquire into the expediency of passing a law authorizing elections to be held to fill any vacancy that may occur in the several Congressional districts of this State, reported:

That by the existing provisions of the Revised Statutes, no vacancy in the office of Representative in Congress can be supplied except at the general election next succeeding the happening thereof; and in cases where the term of service of any such officer will expire at the end of the year during which the vacancy in his office shall occur, no person can be chosen to supply such vacancy.

Many considerations render it proper in the opinion of your committee, that some authority should be given to order special elections to fill any vacancies that may occur, whenever in the opinion of the executive it is necessary or expedient so to do. Deaths or resignations may deprive one or more Congressional districts of their representation in Congress, and important public affairs may in consequence be neglected or injuriously affected. Unforeseen and momentous questions may arise, vital to the interest and welfare of this State and of the Union, when the weight, influence and exertions of all of our Representatives ought to be brought into action.

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Your committee are not aware that any serious objections ca exist to a law authorizing the Governor to order special elections whenever in his judgment the necessity of the occasion may require, or justify such a course. They have, therefore, prepared a bill to that effect, which they ask leave to introduce.

No. 77.

IN ASSEMBLY,

January 22, 1836.

REPORT

Of the select committee on so much of the Governor's Message as relates to a Geological Survey of the State.

Mr. Clinch, from the select committee on so much of the Governor's message as relates to a geological survey of the State, and to whom was referred the report of the Secretary of State on that subject, and the memorial of the Lyceum of Natural History in the city of New-York, praying for legislative action on the same,

REPORTED:

Your committee, in expressing their unanimous determination to ask leave to bring in a bill for the object proposed, cannot refrain from bearing testimony to the faithful discharge, by the Secretary of State, of the duty imposed upon him by the resolution of the Assembly of last year. Extraordinary in its nature, and involving laborious and varied research, with the constant exercise of enlightened and practical perceptions, the duty has been performed with characteristic talent and efficiency, and his report presents an intrinsically valuable evidence of his ability and zeal in the public service.

Your committee beg leave to refer to the report of a select committe, made on this subject at the last session. [Assembly Documents, 1835, No. 374.]

The bill which your committee have unanimously agreed to present to the favorable consideration of the Legislature, is herewith respectfully submitted.

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