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FOR THE NEGATIVE.

Johnson
Loveland

8

Darling

Paterson
Spinola

O. B. Wheeler Doherty

Prosser Mr. Williams moved to reconsider the vote just taken, and that that motion lay on the table.

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

Mr. Diven moved to recommit the bill entitled “An act relating to wills,” to the committee on the judiciary.

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

The Assembly bill entitled "An act to amend an act entitled 'An act in relation to the Warwick and Minisink Turnpike company, passed July 3, 1851," was 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, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

The Assembly bill entitled “An act causing the public roads in the town of Clay, in the county of Onondaga, to be surveyed and recorded,” was 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 return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

The bill entitled “An act to amend the act entitled 'An act concerning the Watervliet Turnpike company, passed April 25, 1829,99 was 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, as follows:

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

The Assembly bill entitled "An act to repeal the act entitled 'An act to authorize the erection of a school house in the village of Canandaigua, and for the maintenance of a school for colored children to be kept therein,' passed April 14, 1852, and to authorize the trustees of said village to sell the said school house and the lot on which it stands," was 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, as follows:

FOR THE AFFIRMATIVE.

Halsted
Hubbell
Lamont
Loveland

Mather
Noxon
Paterson

Schell

W.A. Wheeler Truman

J. A. Willard O. B. Wheeler Williams

17

Boardman
Brandreth
Ely
Foote

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

Mr. W. A. Wheeler moved to recommit the bill entitled "An act to subinit to the people a law authorizining a loan of $2,500,000, to provide for the payment of the floating debt of the State," to the committee on finance, with instructions to increase the amount so as to provide the means for paying the interest on the new canal debt for the present fiscal year.

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
Foote
Halsted

Laflin
Mather
Noxon

Paterson
Schell
Scott

66

Ames

Sloan Boardman

Spinola Brandreth

Joun D. Willard Darling

16 Mr. Lamont moved to recommit said bill to the committee on finance, with instructions to substitute in lieu thereof the following

concurrent resolutions, proposing amendments to the Constitution for a loan to complete the canals," viz:

Resolved, (if the Assembly concur,) That the following amendment be proposed to the Constitution of this State, and referred to the Legislature to be chosen at the next election of Senators, and be published three months previous to making such choice, in pursuance of the provisions of the first section of the thirteenth article of the said Constitution. (SENATE JOURNAL.]

84

Substitute for section three of article seven, as amended in the year 1854, the following:

"The Legislature shall borrow such sum or sums of money as may be necessary, not exceeding in the aggregate $1,000,000, at a rate of interest not exceeding six per cent per annum, and shall appropriate the same to pay the unpaid drafts of the Canal Commissioners, drawn to pay for the construction of the canals, and for damages awarded on account of such construction, and to complete the enlargement of the Erie, the Oswego, the Cayuga and Seneca canals, and to complete the Genesee Valley and Black River canals, and to enlarge the locks on the Champlain Canal, and for extending the Chenango canal to the Pennsylvania State line, and the rebuilding the locks on the Chemung canal; and the Legislature shall provide for the entire.completion of the said canals and locks, at the earliest day practicable, and before the first day of May, in the year 1861, when the construction accounts thereof shall be fully and finally closed and ended. None of the moneys borrowed under this amendment shall be used or appropriated for any other purposes than named in this section.

"After paying the expenses of collection, superintendence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be appropriated and set apart, in each fiscal year, out of the surplus revenues of the canals, as a sinking fund, a sum sufficient to pay the interest as it falls due, and to extinguish the principal within eighteen years ; first, of any loan made under the amendment for which this is a substitute; and, second, a sum sufficient to pay the interest and principal in like manner, of any loan made under this section as amended; and if the said sinking funds shall not, respectively, be sufficient to redeem any part of the principal, at the stipulated times of payment, or to pay any part of the interest on such loans, as stipulated, the means to satisfy any such deficiency shall be procured on the credit of the said s nking funds. After complying with the foregoing provisions, there shall be paid, annually, out of said moneys into the treasury of the State, $200,000, to defray the necessary expenses of govern

In each fiscal year thereafter, the remainder of said revenues shall be disposed of in such manner as the Legislature shall direct, but shall at no time be anticipated or pledged for more than one year in advance.

"The provisions of section twelve of this article, requiring every law for borrowing money to be submitted to the people, shall not apply to the loans authorized by this section.

“All contracts for work or materials on any canal, shall be made with the person who shall offer to do, or provide the same, at the lowest price, with adequate security.

“ The State debt existing at the time of the adoption of this amendment, shall not be increased beyond the amount authorised by this section, except as provided in sections ten and eleven of this article.

“For the purpose of affording facilities for canal boats, and to ac

ment.

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commodate the carrying trade and commerce of the canals, the sum of $30,000, is hereby appropriated and directed to be expended on improving the navigation of the Harlem river."

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

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Ames
Foote
Loveland
Scott

Wetmore
Boardman
Halsted
Mather
Sloan

WA Wheeler
Darling
Hubbell
Noxon
Smith

J. A. Willard Diven Johnson Pratt Spinola

John D. Willard Doherty Lailin Schell

23. Said bill was then read a third time.

The President put the question “Shall this bill become a law, and ought the same to r ceive the sanction of the people ?" and it was decided in the affirmative, a majority of all the members elected to the Senate voting in fivor thereof, and three-fifths of said members being present, as follows:

Ames
Boardman
Darling
Diven
Doherty
Foote

Halsted
Hubbell
Jolinson
Latin
Lamont

FOR THE AFFIRMATIVE.
Loveland

Prosser
Mather

Schell
Noxon

Scott
Paterson

Sloan
Pratt

Smith

Spinola
Wetmore
W. A. Wheeler
J.A. Willard
John D. Willard

26

FOR THE NEGATIVE.

Truman

Brandreth
Ely
0. B. Wheeler Williams

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

The hour of two o'clock having arrived, the President announced a recess until 7! o'clock.

HALF-PAST SEVEN O'CLOCK.

The Senate again met. A message was received from His Excellency the Governor, by the hands of his Private Secretary, in the words following:

ALBANY, April 7, 1859. To the Senate I approved on the sixth instant, the bills bearing the following titles :

"An act to change the name of that part of Canton street, in the city of Brooklyn, between Atlantic avenue and De Kalb avenue, to Fort Green place.”

“An act for a free bridge over the Mohawk river.”

“An act to incorporate Protection Fire Engine Company No. 3, in the village of Matteawan, Dutchess county, New York."

"An act to incorporate Protection Fire Engine Company No. 7, in the town of Southfield, Richmond county."

"An act to authorize the laying out, opening and constructing a road from Lake Mahopac, in the town of Carmel, in the county of Putnam, to Croton Falls, in the town of North Salem, in the county of Westchester."

“An act for the better improvement of highways in the town of Haverstraw, in the county of Rockland."

"An act for the relief of Lewis Clement."

"An act to provide the means for the enlargement and completion of the canals of this State, specified in section 3, article 7 of the Constitution, for the fiscal year commencing October 1, 1859, and for other purposes.”

"An act to amend an act entitled 'An act to incorporate the Newburgh Savings Bank,' passed April 13, 1852."

An act to repeal parts of an act entitled 'An act to amend an act entitled An act to incorporate the city of Poughkeepsie, passed March 28th, 1854, and the amendment thereto, April 12th, 1855, to authorize the common council of said city to borrow and assess two thousand five hundred dollars, for debts incurred by them for highway and bridge purposes, passed April 2, 1858."

“An act to amend an act entitled 'An act to incorporate the village of Medina, Orleans county."

"An act to authorize the construction of a breakwater along the shore of lake Erie, within the bounds of the city of Buffalo, and to provide for the payment of the cost thereof."

"An act to incorporate the trustees of Clarkson High School, and to provide for the management and support of such school.”

"An act to amend an act entitled 'An act for the incorporation of cities and villages, passed December 7, 1847, so far as the same relates to the village of Oneida, in the county of Madison, and to provide for the erection of a watch house in said village."

"An act to authorize the Eagle Bank of Rochester, and the Manufacturers' Bank of Rochester, to consolidate the same into a single association."

"An act to legalize the acts of George W. Smith, a justice of the peace."

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

6. An act to continue the charter of the Oneida Manufacturing company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on manufactures.

“An act to amend the act entitled 'An act for the preservation of fish in the waters of the Crooked Lake, passed April 12, 1858," 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 the act of incorporation of the village of Lancas

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