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act to divide said county into two school commissioner districts, reported the following resolution :

Resolved, That the prayer of the petitioners ought not to be granted.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Mr. Laflin, from the committee on literature, to which was referred the bill entitled “An act to amend the charter of the University of Buffalo, and to authorize it to establish an academical school, reported in favor of the passage of the same, with amendments, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Laflin, from the committee on literature, to which was referred the bill entitled "An act in relation to Union School, in districts Nos. 1 and 15, in the town of Waterloo,” with power to report complete, reported the same complete, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Ames, from the committee on commerce and navigation, to which was referred the bill entitled "An act to amend the 8th title, of chapter 8, of part 3d of the Revised Statutes, entitled 'Of proceedings for collection of demands against ships and vessels,' as amended March 29, 1855," reported in favor of the passage of the same, with amendments, which report was agreed to, and said bill committed to the committee of the whole

Mr. Prosser, from the committee on canals, to which was referred the Assembly bill entitled "An act to amend chapter 9, title 9, article 8, part 1st of the Revised Statutes, entitled 'Regulations and penalties concerning the navigation of the canals, and the collection of tolls,?" reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Prosser, from the committee on canals, to which was referred the Assembly bill entitled “An act to amend an act entitled 'An act for the prevention of frauds upon the canal revenues, passed April 14, 1855,” reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Prosser, from the committee on canals, to which was referred the bill entitled "An act making appropriations for the canal debt, and the maintenance of the canals for the fiscal year commencing Oct. 1, 1859, and to supply deficiencies in a former appropriation, reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Prosser, from the committee on canals, to which was referred the petition of P. E. Hanns and others, for the closing of canal locks on the Sabbath, reported the following resolution:

Resolved, That the prayer of the petitioners ought not to be granted.

On motion of Mr. Diven,
Said resolution was laid on the table.

Mr. Laflin, from the committee on literature, to which was referred the bill entitled "An act to incorporate the Brooklyn Academy of Music," reported in favor of the passage of the same, with amendments, which report was agreed to, and said bill committed to the committee of the whole.

Mr. O. B. Wheeler gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act to authorize the Middletown and Unionville Plankroad Company to sell or mortgage their road;" also a bill entitled "An act to authorize the Middletown and Bloomingburgh Plankroad company to sell or mortgage their road."

In pursuance of previous notice, Mr. Johnson asked and obtained leave to introduce a bill entitled “An act authorizing the construction and maintenance of a bridge across the Champlain canal, in the village of Cohoes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

In pursuance of previous notice, Mr. Paterson asked and obtained leave to introduce a bill, entitled "An act to amend chapter 522, of the Laws of 1857, entitled 'An act to incorporate the Genesee Camp Ground Association,'” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

In pursuance of previous notice, Mr. Diven asked and obtained leave to introduce a bill, entitled “An act to incorporate the fire department of the village of Elmira,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and villages.

In pursuance of previous notice, Mr. Diven asked and obtained leave to introduce a bill, entitled “An act to authorize the commissioners of highways of the town of Southport, in the county of Chemung, to lay out a highway on the line between said town and the State of Pennsylvania,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

In pursuance of previous notice, Mr. Ely asked and obtained leave to introduce a bill, entitled "An act to amend the act passed February 17, 1857, entitled 'An act to enable Peter Cooper to found a scientific institution in the city of New York; "" and also to amend the act passed March 21, 1857, entitled "An act to amend the act entitled 'An act to enable Peter Cooper to found a scientific institution in the city of New York, passed February 17, 1857," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and villages.

Mr. Darling, from the committee on engrossed bills, reported as correctly engrossed, the bill entitled as follows:

“An act to incorporate the Auburn Waterworks Company."

Said bill was then read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

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Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

On motion of Mr. Ely, Resolved, That the committee on State prisons be discharged from the consideration of the petition of the Croton Aqueduct Commissioners, and that the same be referred to a select committee.

On motion of Mr. Mather, Resolved, That the memorial and other papers on file, in favor of the repeal of the Metropolitan Police act, be taken therefrom, and referred to the select committee having that matter in charge.

The President presented an invitation from literary societies of the State Normal school, to attend their exercises this evening at 7 o'clock. On motion of Mr. Darling, the invitation was accepted

On motion of Mr. Brandreth, Resolved, That the Secretary of State be requested to communicate to the Senate, at his earliest convenience, the number of pardons granted in this State, during the years 1857 and 1858, and the sentences which have been abridged or commuted in consequence of such pardons, and the crimes for which the parties were convicted and sentenced, and the restorations to citizenship, during such period; and that the same be arranged, so far as practicable, in a tabular form.

Mr. Foote offered the following concurrent resolutions, amending the Constitution so as to abolish the property qualification :

Resolved, (If the Assembly concur,) That section one, of article two of the Constitution of this state, be amended, by striking out the following words: “But no man of color, unless he shall have been for three years a citizen of this State, and for one year next preceding any election, shall have been seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon, and shall have been actually rated and paid a tax thereon, shall be entitled to vote at such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid."

Resolved, (If the Assembly concur,) That the foregoing amendment be referred to the Legislature to be chosen at the next general

election of Senators, and that in conformity to section one, of article thirteen of the Constitution, it be published for three months previous to the time of such election.

Ordered, That said resolutions be laid on the table.
Mr. Brandreth offered the following resolution, viz:

Resolved, That the Comptroller be requested to call upon all the Marine Insurance Companies in the city of New York, for a full report of the amount received by them for premiums, and the amount they have paid for losses during the last five years preceding January 1, 1859, and transmit the same to the Senate.

On motion of Mr. Spinola,
Said resolution was laid on the table.
Mr. Ely offered the following resolution, viz:

Resolved, That when the Senate adjourns, it adjourn to meet on Monday evening next at 73 o'clock.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows:

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Mr. Laflin offered the following resolution, viz:

Resolved, That during the absence of the Hon. W. A. Wheeler, the Hon. John J. Foote be placed upon the select committee having in charge the alleged vacancy in the 11th Senatorial District.

Mr. Spinola opposed the resolution.

When he had concluded, Mr. Diven rose to a question of privilege and.asked, and the President directed the Clerk to take down the words of Mr. Spinola, as follows:

" If I were to characterize this transaction as I might, probably I might offend the dignity of this body, for if ever there was a dirty, pettifogging, mean piece of business, this is one."

The President then called upon Mr. Spinola to state whether the alleged words just taken down, were correct; and he replied that the record was about as he used the words.

The President then called upon Mr. Spinola to say whether he had any explanation to make of the said words, when Mr. Spinola said he did not apply the language to the Senate, or to its coceedings, but to an outside pressure.

Thereupon the chair said the question would be, “Is the Senate satisfied with the explanation of Mr. Spinola?" If there is no objection made, the explanation will be deemed satisfactory. No objection being made, the explanation was deemed satisfactory, and ordered to be so entered upon the Journal.

Senator Foote having declined to serve on said committee, Senator Laflin asked leave to substitute in the resolution, the name of the Hon. Geo. G. Scott, in place of the Hon. John J. Foote, which was granted.

The question recurring on the resolution as amended,
Mr. Mather moved that the Senate adjourn.

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

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Mr. Sloan moved to lay the resolution on the table.

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

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Diven
Halsted

Hubbell
Johnson

Laflin
Paterson

Prosser
J. A. Willard

11

Ames
Boardman
Darling

Mr. Spinola rose to a question of privilege, and asked, and the President directed that the Clerk should take down the following words, alleged to have been spoken by Mr. Laflin.

“It would seem almost impossible for the committee to proceed unless the Senator from the 17th was present, or some other Senator should be added to the committee."

Mr. Laflin rose to a question of order, that other business having intervened, it was too late to make a question of privilege in regard to the words alleged to constitute the question of privilege.

The President decided the point of order to be well taken.

The President put the question whether the Senate would agree to said resolution, of Mr. Laflin, and it was decided in the affirmative.

Mr. Halsted offered the following resolution, viz:

Resolved, That the Clerk of the Senate be and is hereby directed to purchase two copies of the fifth edition of the Revised Statutes, for the use of the Senate Library, one copy for the use of the committee on the judiciary, one copy for the committee on the incorporation of cities and villages, one copy for the committee on banks, one copy for the committee on literature, and one copy for the com mittee on canals.

Ordered, That said resolution be laid on the table.
Mr. Sloan moved that the Senate now adjourn.

The President put the question whether the Senate would agree to said motion, and it was decided in the negative. Mr. Laflin offered the following resolution, viz: [SENATE JOURNAL.]

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