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 31st 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 7, of article 6 of the Constitution, is hereby abrogated, and the following provision 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; 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 1st day of January, 1858. Section 14, of article 6 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 amendment 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, 1, of article 13 of the Constitution. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Mr. John D. Willard moved to amend the first resolution, by inserting after the words "established by law," the words "and which shall not at any time, be changed at less intervals, than once in six years." 22 The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. On motion of Mr. Scott, The resolutions were laid on the table. On motion of Mr. Mather, Resolved, That the bill entitled "An act in relation to escheated lands, and providing for the descent of lands to aliens," be taken from the table, and recommitted to the committee on the judiciary. The general order having been announced, the President announced the pending question to be on the motion of Mr. Spinola, to recommit the bill entitled "An act to extend the charter of the New York and Harlem Railroad Company, and to determine the mode of using the same in the streets of New York," to the committee of the whole. Mr. Spinola moved to lay the motion to recommit on the table. The President put the question whether the Senate would agree to said motion, and it was decided in the negative. The President directed the Clerk to call the roll, when the following Senators answered to their names: Foote Hubbell Johnson Laflin Spinola Boardman Burhans Foote Diven Foote Spinola Ames Brandreth Burhans Foote to recommit, Mr. Spinola was proceeding to debate the motion when he asked and the President directed the Clerk to call the roll, when the following Senators answered to their names: Ames Burhans Darling Diven Halsted Loveland Paterson Hubbell Mandeville Mather 22 The President put the question whether the Senate would agree to said motion to recommit, and it was decided in the negative, as follows: Spinola Ames Burhans Darling Halsted Hubbell Johnson Laflin Schell Spinola O. B. Wheeler [SENATE JOURNAL.] Scott Smith Truman FOR THE AFFIRMATIVE. Truman J. A. Willard John D. Willard 20 Mr. Ely renewed the following amendment made in committee of the whole, as follows: add at the end of the 3d section the words. "nothing in this act shall be construed to prevent the Legislature, at any future time, from rescinding, altering or modifying this act, or the privileges hereby granted." FOR THE NEGATIVE. Johnson Laflin Paterson Schell Scott The President put the question whether the Senate would agree to said amendment, and it was decided in the affirmative. Mr. Spinola renewed the amendment made in committee of the whole, viz: to strike out the first section of the bill. The President put the question whether the Senate would agree to said amendment, and it was decided in the negative, as follows: FOR THE AFFIRMATIVE. 19 FOR THE NEGATIVE. Loveland Mather J. A. Willard Prosser 19 FOR THE NEGATIVE. Mandeville Mather Paterson Prosser O. B. Wheeler 16 Mr. Spinola renewed the amendment made in committee of the whole, viz: to strike out the enacting clause. The President put the question whether the Senate would agree to said amendment, and it was decided in the negative, as follows: FOR THE AFFIRMATIVE. Schell Smith Mr. Spinola renewed the amendment made in committee of the whole; viz: to strike out the word "thirty," in the 2d section, and insert the word "twenty." The President put the question whether the Senate would agree to said amendment, and it was decided in the negative, as follows: Halsted Ames Brandreth Burhans Johnson Spinola Darling Laflin Ames Burhans Darling Foote FOR THE AFFIRMATIVE. Scott Halsted Johnson Spinola FOR THE NEGATIVE. Loveland Mandeviile Mather Paterson Prosser Smith Truman 19 Mr. Spinola moved to reconsider the vote just taken, and that that motion lie 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: FOR THE AFFIRMATIVE. John D. Willard 5 FOR THE NEGATIVE. Loveland Mather Paterson Prosser O. B. Wheeler J. A. Willard Schell Smith Truman 1 O. B. Wheeler J. A. Willard John D. Willard Williams 21 Mr. Spinola rose to a question of privilege, and raised the following point of order : "The 22d standing rule of the Senate provides that all amendments shall be noted and reported to the Senate by its chairman. The point of order is, that important amendments to the act in relation to the N. Y. and Harlem Railroad Company, while such act was being considered in committee of the whole, was ruled out of order by the chairman of the committee, before the same had been read to the committee, and at a time when there was no question before the committee. The decision of the chairman was based upon the fact, that previously a motion had been made for the committee to rise and report the bill to the Senate and recommend its passage; subsequently to said last motion, other business had been before the committee, and entertained by it; after which no motion was made renewing the motion to report the bill to the Senate." The President decided the point of order not well taken. The President put the question whether the Senate would agree to the report of said committee, and it was decided in the affirmative. Ordered, That said bill be engrossed for a third reading. The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the general orders; and after some time spent therein, the President resumed the chair, and directed the Clerk to call the roll, when the following Senators answered to their names: Boardman Diven Foote Halsted Johnson Loveland Mandeville Schell Smith Foote Spinola O. B. Wheeler 17 A quorum being found present, the Senate again resolved itself into a committee of the whole, and proceeded to the consideration of the general orders; and after some time spent therein, the President resumed the chair, and Mr. J. A. Willard reported that a quorum did not appear present; the President directed the Clerk to call the roll, when the following Senators answered to their names: Ames Brandreth Diven 16 A quorum not being present, on motion of Mr. Paterson, the Senate adjourned. Mandeville Scott Truman J. A. Willard SATURDAY, FEBRUARY 5, 1859. O. B. Wheeler The Senate met pursuant to adjournment. Prayer by Rev. Dr. Baldwin. The journal of yesterday, was read and approved. Mr. Williams presented a petition of Wm. O. Duval, and other citizens of Cayuga county, in relation to the natural and equal right of all mankind, to life, liberty, and the pursuit of happiness, which was read and referred to the committee on the judiciary. Mr. Foote presented a petition of persons residing in the towns of Lebanon and Lenox, Madison co., for the passage of an act prohibiting the sale of intoxicating liquors as a beverage, which was read and referred to the committee on the internal affairs of towns and counties. Mr. Brandreth presented a petition of citizens of Troy, for aid to the Troy University, which was read and referred to the committee on literature. Mr. Pratt, from the committee on engrossed bills, reported as correctly engrossed, the bills entitled as follows: 'An act to extend the charter of the New York and Harlem Railroad Company, and to determine the mode of using the same in the streets of New York." Mr. Foote, from the committee on banks, to which was referred the Assembly bill, entitled "An act to incorporate the Oswego City Savings Bank, in the city of Oswego," 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. Halsted, from the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to increase the number of the directors of the Harlem Gas Light Co.," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole. The President presented the reply of the Comptroller, in answer to a resolution of the Senate, relative to compensation, &c., of railroad commissioner, under chap. 633, Laws of 1857; which was laid on the table and ordered printed. (See Doc. No. 43.) A message from the Assembly was received and read, requesting the concurrence of the Senate to the following entitled bills: "An act to change the name of William Johnson and Lizzie Jane Morrison, to Willie John Parker and Lizzie Jane Parker," 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 amend section 1, of chapter 216, of the Laws of 1850, in relation to the Troy Savings Bank," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks. "An act in relation to a bridge across Buffalo creek, in the county of Erie,” 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 changing the corporate name of the minister, elders and deacons of the Protestant Reformed Dutch Church of Duanesburgh, to The First Presbyterian Church of Duanesburgh," 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. "An act to amend an act entitled 'An act to incorporate the village of Rhinebeck,' passed April 23, 1834," 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 provide for the appointment of commissioners of deeds in the village of Waterford," 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 authorize the trustees of the village of Newburgh, to open North street, and to assess and collect the damages and expenses for laying out, opening and grading said street," 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 repeal an act authorizing the election of a police justice in the village of Peekskill, and for other purposes," 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 incorporate the village of Moravia, in the county of Cayuga, and to repeal existing laws incorporating said village," |