Hon. Henry C. Wetmore then appeared, took the oath of office and his seat as Senator from the 11th Senatorial district.

The President announced the other special order, being the Assembly bill entitled "An act to equalize the State tax between the several counties in this State."

Mr. John D. Willard moved that said bill be made the special order to-morrow evening, at 71 o'clock.

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, two-thirds of all the members present not voting in favor thereof.

Mr. John D. Willard moved that said bill be made the special order for Thursday morning, immediately after reading the journal. The President put the question whether the Senate would agree to said motion, and it was decided in the negative, two-thirds of ail the members present not voting in favor thereof.

Mr. Noxon moved that said bill be made the special order for Thursday morning, immediately after reports of standing committees. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the members present voting in favor thereof.

Mr. Spinola moved to make the following entitled bills the special order for to-morrow evening, at 7 o'clock, viz:

"An act to repeal 'An act to establish a Metropolitan Police district and to provide for the government thereof.""

"An act to establish a police in the city of Brooklyn, and to provide for the g vernment thereof.”

"An act to establish a police in the city of New York, and to provide for the government thereof.”

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the members present voting in favor thereof.

A message was received from His Excellency the Governor, by his Private Secretary, in the words following, to wit:

ALBANY, April 5, 1859.

To the Senate-I approved on the fourth instant, the bills bearing the following titles:

"An act to authorize the Troy and Boston Railroad company to erect a freight depot and construct a track, in the city of Troy."

"An act to amend section 33, of article 2, title 3, chapter 8 of the third part of the Revised Statutes, relative to suits against heirs.”

( "An act to amend an act entitled 'An act to provide for the unpaid city taxes and assessments on real estate in the city of Troy, for the years 1849 to 1855, inclusive,' passed April 15, 1857." "An act in relation to the Troy Waterworks."

“An act in relation to common schools in the village of Elmira." "An act authorizing Joshua W. Rappleye, of Farmersville, in the county of Seneca, to remove the remains of certain persons buried on his premises to the new cemetery ground in the town of Covert." "An act to confirm the acts of the trustees and officers of the village of Lyons, who were elected on the 8th day of March, 1859."

"An act to consolidate and amend the several acts relating to the village of Cazenovia, to alter the bounds and to enlarge the powers of the corporation of said village."

"An act to amend the charter of the University of Buffalo, and to authorize it to establish and maintain an Academical school."

E. D. MORGAN.

Mr. Noxon, from the select committee of eight, reported the following Assembly bills as proper to be referred to the committees reporting them, with power to report complete, viz:

"An act in relation to rendering an account of their proceedings, by administrators.

"An act to authorize the commissioners of highways to build a bridge over the south branch of the Black river, in the village of Watertown."

"An act to amend an act entitled 'An act to incorporate the fire department of the village of Watertown,' passed April 10, 1850." "An act to provide for the erection of a new ward in the city of Rochester."

"An act to authorize the city of Troy to borrow money, and to provide for the payment thereof by tax."

"6 'An act for the relief of the Medina and Alabama Plankroad company."

"An act for the preservation of fish in the counties of Fulton, Hamilton and Saratoga."

“An act to authorize Willard Wilcox Hubbard to change his name to Willard Wilcox Belknap."

"An act in relation to proceedings upon mandamus.”

"An act authorizing the clerk of the county of Erie to record an assignment of a certain bond and mortgage."

"An act to incorporate the fire department of the city of Syracuse."

"An act to incorporate the Woman's Library of the city of New York."

"An act to authorize the city of Troy to raise money by tax." "An act to incorporate the Albany Mechanics' Institute." "An act to relieve municipal corporations from giving security on appeal, and to relieve them from payment of costs in certain cases."

"An act granting and releasing all the right, title and interest of the people of the State of New York, in and to a messuage lot of ground and premises in the first ward of the city of New York, to the Rev. Robert Arnold and Catharine his wife, and others."

"An act to incorporate the Flushing, College Point and New York Steam Navigation company."

"An act in relation to fees of notaries public, in certain cases." "An act to incorporate the Long Island Ferry company.' The President put the question whether the Senate would agree to the report of the committee, and it was decided in the affirma

A message was received from His Excellency the Governor, by the hands of his Private Secretary, in the words following: ALBANY, April 5, 1859.

To the Senate-The Constitution (article 8, section 1,) provides that "corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature the objects of the corporation cannot be attained under general laws."

The reasons which led to this provision and the evils it sought to prevent were well stated by Governor Hunt in a communication to the Legislature in the year 1852:

"The limitations imposed by the Constitution upon the legislative power in respect to the creation of bodies corporate by special charters, were the result of wise deliberation, and were intended for salutary ends. Among other important considerations which induced the Convention to prescribe general laws, it was deemed desirable to discontinue the practice of creating a multiplicity of corporations by partial and unequal enactments infinitely varying in character according to the peculiar views of applicants for special immunities. Another object sought to be accomplished by the change of policy introduced by the new Constitution was the relief of the Legislature from the constant and numerous applications for charters, which experience had shown to be unfavorable to wise and matured legislation on subjects of common concern involving the more general interests of the community.

"Notwithstanding the adoption of general laws to facilitate the formation of corporations for charitable, benevolent, religious, missionary, scientific and literary objects, for banking, for roads, bridges, manufactures and other purposes connected with the material and social progress of the State, numerous applications continue to be made to the Legislature at every session for special franchises to allow the objects which have been so fully provided for by liberal enactments, framed in accordance with the spirit and design of the Constitution. A growing tendency to yield to solicitations of this character and to grant particular acts for the attainment of purposes already provided for by general laws, is but too apparent. It becomes our imperative duty to recur to the principles so carefully established by the organic law and to adhere to them with watchful fidelity."

What then is the meaning and extent of the Constitutional provision already quoted?

Several of the Governors have taken the ground that it renders unconstitutional all special acts of incorporation for purposes already provided for by general laws. Thus Governor Fish, in 1850, in returning a bill to the Legislature said: "In the absence of any general law authorizing the formation of corporations for any particular object, the enactment of a special act incorporating a company for such object, may perhaps in some cases be assumed as an indication of the opinion of the Legislature that in its judgment these objects. cannot be obtained under general laws. But the enactment of the

general law, above referred to, establishes that the objects of corporations of the character of that whose charter the bill before me proposes to extend, are such as can, in the judgment of the Legislature, be attained under general laws. Hence it follows clearly that the Legislature has not the power to create by a special act a corporation' for these objects."

The principles here enunciated seem to me sound, and have been accepted as such. Indeed any other doctrine would render the Constitutional prohibition nugatory.

The general principles, therefore, which must guide me in considering special bills relating to corporations other than those for municipal purposes, are involved in the question whether there is a general law providing for the same general objects. If there is, special laws are, in my opinion, unconstitutional, and I cannot give to them my approval.

For these reasons, while heartily approving the objects sought to be accomplished by it, I am compelled to return without my approval the bill entitled "An act to incorporate the Philomathian Society for Mutual Improvement, in the village of Sherburne, in the county of Chenango," the objects of which can be accomplished under the "Act for the incorporation of benevolent, charitable, scientific and missionary societies," passed in 1848, or the "Act for the incorporation of library companies," passed in 1853.

E. D. MORGAN.

Mr. Scott moved that the communication and bill be laid on the table.

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

A message from the Assembly was received and read, requesting the concurrence of the Senate to the following entitled bills:

(6 'An act for the relief of Luther Wright,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act for the relief of Wm. O. Hubbard," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

On motion of Mr. Smith, the Senate adjourned.

WEDNESDAY, APRIL 6, 1859.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Dayton.

The journal of yesterday was read and approved.

A message from the Assembly was received and read, requesting the concurrence of the Senate to the following entitled bills:

"An act to amend the charter of the Camden Spring Water company, in the county of Oneida," which was read the first time, and by

unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and counties.

"An act to amend an act entitled 'An act for the regulation and government of the Central Park in the city of New York," passed April 17, 1857, and further to provide for the maintenance and government of said park," 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.

"An Act to reorganize the State Lunatic Asylum for insane convicts," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on State pris

ons.

"An act to amend an act entitled 'An act to authorize the Rome and Oswego Road company, to borrow money to rebuild and repair their road, and for other purposes,' passed April 7, 1858," 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.

"An act authorizing certain State officers to adjudicate and settle the claim of this State against Livingston county, on account of the defalcation of the late county treasurer of said county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to incorporate the Niagara County Protection Association," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

“An act for the relief of the western ten miles of the eastern branch of the Schoharie Turnpike Road company," 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.

"An act to authorize the town and village of Canandaigua, in the county of Ontario, to purchase the old court house in said county, to pay for the same, and to fix upon the conditions of holding and using the same," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and counties.

"An act for the relief of Wm. Dickey, of the town of Nunda, in the county of Livingston," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act for the relief of Jairus H. Munger and others," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to legalize the official acts of Clark H. Brown as justice of the peace," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act for the relief of the legal representatives of Eleanor Swart, for canal damages,” which was read the first time, and by