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

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

Mr. Scott moved to take from the table the following resolution :

Resolved (If the Assembly concur), That the following amendments be proposed to the Constitution of this State:

From and after the third Tuesday of June, 1860, the Court of Appeals shall consist of six judges, to be chosen by the electors of this State. The four judges who may then be in office, by previous election or appointment, shall continue to hold until the expiration of their respective terms. On the third Tuesday of May, 1860, an election shall be held at which two judges of said court shall be chosen, whose terms shall commence on the third Tuesday of June, 1860. The term of one of them shall expire in nine years from the thirty-first day of December, following, and of the other in eleven years from the same time. At the general election in the year 1861, and in every second year thereafter, unless the Legislature shall by law appoint a different day, one judge of said court shall be chosen for a term of twelve years, from and after the thirty-first day of December next, after such election. Four judges shall constitute a quorum. In case of the absence or inability to serve of any judge or judges, the Governor may appoint one or more justices of the Supreme Court to serve for the time being.

Section seven, of article six of the Constitution, is hereby abrogated, and the following provisions substituted :

The judges of the Court of Appeals and the justices of the Supreme Court shall receive, at stated times, for their services, a compensation to be established by law, and which shall not, at any time be increased or diminished at less intervals than once in six years. The provision made for such compensation by act of the Legislature in the year 1857, shall apply to judges and justices then in office, as well as those thereafter elected or appointed, and the same shall be deemed to have taken effect accordingly, from the first day of January, 1858.

Section fourteen, of article six of the Constitution, is amended, as follows:

The County Court shall have such original and appellate jurisdiction as the Legislature may prescribe.

Resolved (If the Assembly concur), That the foregoing amendments be referred to the Legislature to be chosen at the next general election of Senators, and that the same be published for three months prior to such election, pursuant to section one, of article thirteen of the Constitution.

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

Mr. Mather moved to amend said resolution, by striking out the word “ six," where it first occurs, and insert “eight.”

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

Mr. John D. Willard moved to amend said resolution by striking out the words “not any time be changed," and insert “be increased or diminished.”

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

Mr. Mather moved to amend the resolution, by striking out the word "twelve," and insert "eight."

Mr. Pratt moved to amend the amendment, by striking out “ eight," and inserting “ eighteen."

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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Halsted
Hubbell
Johnson
Loveland

Mather
Paterson
Scott
Smith

J. A. Willard 0. B. Wheeler John D. Willard W.A. Wheeler Williams

18

Ames

Spinola
Boardman
Burhans
Ely

Mr. Pratt moved to amend the amendment, by striking out “ eight,” and inserting “fifteen.”

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

The President then put the question whether the Senate would agree to said amendment of Mr. Mather, and it was decided in the negative, as follows:

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Mr. Hubbell moved to amend the resolutions, by striking out the words: “On the third Tuesday of May, 1860, an election shall be held, at which two judges of said court shall be chosen, whose terms shall commence on the third Tuesday of June, 1860," and inserting as follows: “On the first Tuesday of Nov., 1860, an election shall be held for two judges, who shall be elected, whose terms shall commence on the first day of January, 1861."

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

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

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

Mr. Ames offered the following resolution :

Resolved, That Messrs. Schell and Hubbell be added to the committee on public buildings.

Mr. O. B. Wheeler moved to amend, by striking out all after the word “Resolved," and inserting that in case of the inability of Mr. Ames to attend the sessions of the committee, a Senator be appointed by the President to fill the vacancy."

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

Mr. Laflin moved to reconsider the vote just taken.

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

Mr. Truman moved to lay the subject 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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On motion of Mr. Scott, the Senate adjourned.

FRIDAY, FEBRUARY 11, 1859. .

The Senate met pursuant to adjournment.
Prayer by the Rev. Mr. Buckingham.
The journal of yesterday was read and approved.

Mr. Scott presented thirteen petitions of inhabitants of the county of Montgomery, in favor of the passage of a law to prevent abuses in auditing accounts by the board of supervisors of said county, which were read and referred to the committee on the judiciary.

Mr. Pratt presented two petitions of citizens of Coxsackie, Greene co., and Kingston, Ulster co., for aid to the Troy University, which were read and referred to the committee on literature.

Mr. John D. Willard presented a petition of the Common Council of the city of Troy, for an act to aid in the collection of certain unpaid taxes and assessments in said city, which was read and referred to the committee on the incorporation of cities and villages.

Mr. Schell presented a petition of Chas. 0. Conner, James Gordon Bennett, John P. Cummings, and others, to change the plan of streets and avenues of the city of New York, lying north of 125th street, and west of the 8th Avenue, which was read and referred to the committee on the incorporation of cities and villages.

Mr. Loveland presented a petition of 26 citizens of Ellenburgh, Clinton county, for aid to Troy University, which was read and referred to the committee on literature; also, two petitions for the improvement of the Glens Falls feeder, which were read and referred to the committee on canals.

Mr. W. A. Wheeler presented a memorial of Eli Chittenden, asking for the execution of a contract made by him and others, with the Commissioners of the Land Office, April 10, 1856, which was read and referred to the committtee on the judiciary.

Mr. Brandreth presented a petition of tax payers of the town of Greenburgh, Westchester co., for repeal of a law passed March 14, 1837, relative to highways in said town, which was read and referred to the committee on roads and bridges.

Mr. Truman presented a petition of citizens of Tompkins county, for equal suffrage, which was read and referred to the committee on the judiciary.

Mr. Foote presented a petition of Hon. Christopher Morgan, Hon. T. M. Pomeroy, and other citizens of Auburn, asking for an appropriation to Madison University, which was read and referred to the committee on literature; also, a petition of citizens of Sherburne village, in regard to revision of their village charter, which was road and referred to the committee on the incorporation of cities and villages; also, two petitions of citizens of the town of Nelson, and of the Temperance Society of the town of Fenner, Madison co., for a law prohibiting the sale of alcoholic liquors as a beverage, which was read and referred to the committee on the internal affairs of towns and counties.

Mr. Paterson presented a petition of citizens of Monroe co., for a law for the more speedy appraisal of canal damages, which was read and referred to the committee on canals.

Mr. Prosser presented a petition of Chas. H. Thayer, and 146 others of the county of Erie, for regulating railroad freights, which was read and referred to the committee on canals.

Mr. Mather presented a petition of citizens of Warren co., for the improvement of the Champlain canal, which was read and referred to the committee on canals.

Mr. Scott presented a petition for the improvement of the Glens Falls feeder, which was read and referred to the committee on canals.

Mr. John D. Willard presented a petition of 50 citizens of Warren county, for the improvement of the Champlain canal, which was read and referred to the committee on canals.

Mr. Diven presented a petition of citizens of Corning, for the passage of an act to encourage and promote education in the village of Corning, which was read and referred to the committee on literature.

On motion of Mr. W. A. Wheeler, Resolved, That 300 copies of the memorial of Eli Chittenden, asking for the execution of a contract made by him and others, with the Commissioners of the Land Office, April 10, 1856, together with Senate document, No. 92, of the Session of 1858, being the report of the Inspectors of State Prisons, upon the same subject matter, be printed together, for the use of the Senate and Assembly.

Mr. Paterson, from the committee on claims, to which was referred the petition of James Sperry, for relief, reported in writing, for the consideration of the Senate, a bill entitled “An act for the relief of James Sperry,” which was read the first time, and by unanimous

sent was also read the second time, and committed to the committee of the whole.

(See Doc. No. 50.) Mr. Foote, from the committee on militia and public defence, to which was referred sundry petitions of veterans of the war of 1812, for an amendment of the law of 1857, in relation to the appointment of commissioners, reported a bill entitled “An act to amend an act passed April 15, 1857, entitled 'An act to provide for the appointment of commissioners for the adjustment and payment of certain claims for services of the militia of this State, in the war of 1812,” which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to authorize the city of Hudson to fund the floating debt of said city, and for other purposes," 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. Halsted, from the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to amend the charter of the village of Herkimer," 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 sundry citizens of the county of Tioga, for the extension of the Chenango canal, reported a bill entitled "An act to provide for the examination of the survey of the extension of the Chenango canal to the Pennsylvania line, near Athens," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Scott, from the committee on the judiciary, to which was referred the bill entitled "An act in relation to the auditing of accounts by the board of supervisors of the county of Montgomery, and the duties of certain officers of said county in connection there

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