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

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

Mr. W. A. Wheeler moved to take from the table the bill entitled "An act to extend the time for the collection of taxes in the counties of Herkimer, Suffolk, Queens and Chemung, and in the town of Pomfret, Chautauque county, in the town of Kingston, Ulster county, and in the town of Chateaugay, Franklin county."

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

Mr. W. A. Wheeler moved that the Senate concur in the Assembly's amendment, with the following amendment: insert after the word "state," the words: "and in the city of Oswego."

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

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments with an amendment.

The bill entitled "An act to amend the charter of the village of Herkimer," 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:

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

The bill entitled "An act to incorporate the Corpus Christi Ship Channel Company," 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:

Burhans

Truman

FOR THE NEGATIVE.

2

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

Mr. Halsted offered the following resolution:

Resolved, That 250 extra copies of the report of the Physician of Marine Hospital, be printed for the use of the physician, and 250 for the use of the Senate.

Ordered, That said resolution be referred to the committee on public printing.

Mr. O. B. Wheeler offered the following resolution :

Resolved, That the select committee appointed to investigate the charges made by Senator O. B. Wheeler, be instructed to allow him to appear before said committee in person, and by counsel, and crossexamine witnesses, and introduce witnesses to substantiate the charges made by him in his place in the Senate, on the 12th of February, and that the chairman of said committee be instructed to subpoena such witnesses to appear before said committee as Senator Wheeler may name, personally, or by his counsel.

Mr. Smith 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 affirmative, as follows:

Mr. Brandreth offered the following resolution:

Resolved, That the bill entitled "An act to incorporate the Raymond Collegiate Institute," be referred from the committee on literature to the committee on the judiciary, the chairman of the former committee having doubts of its constitutionality.

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

Mr. Diven moved to take from the table, the report of the literature committee on the petition of trustees of Ovid Academy.

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 said report to the committee on literature.

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

On motion of Mr. Diven,

Resolved, That the report of the select committee in the matter of the alleged vacancy in the Eleventh Senatorial District, be made a special order for next Monday evening, at 71⁄2 o'clock, and that it so continue for each evening thereafter, at the same hour until disposed

of.

On motion of Mr. Truman,

Resolved, That Senate bill number eighty-four (84) be referred to the first committee of the whole.

A message from the Assembly was received and read, informing that they had passed, without amendment, the following entitled bill:

"An act to amend an act passed April 17, 1854, entitled, 'An act to incorporate the village of Lyons.'

Ordered, That the Clerk deliver şaid bill to the Governor.

The Assembly returned the bill entitled "An act to enable Agricultural and Horticultural Societies to extend a more perfect protection to their property and the property of exhibitors at fairs, and to allow the board of managers to appoint a police for that purpose," with a message that they had agreed to the report of the committee of conference, and had passed the bill as agreed upon by said committee of conference.

Ordered, That the Clerk deliver said bill to the Governor.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the general orders, being the bills entitled as follows:

Assembly bill, "An act to divide the county of Oswego into three school commissioner districts, and to provide for the appointment of a school commissioner therein."

"An act for the relief of the New York State Inebriate Asylum, and for other purposes."

And after some time spent therein, Mr. Brandreth, from said committee, reported progress on said bills, and asked and obtained leave to sit again.

On motion of Mr. Smith, said last named bill was made a special order for this evening, immediately after the other special order set down for this evening, was disposed of.

A message from the Assembly was received and read in the words following to wit:

On motion of Mr. Cobb,

Resolved, That the Senate be respectfully requested to transmit to the Assembly, the petitions and papers on the files of the Senate since 1847, asking for the removal of the county seat of Allegany county, from Angelica to Belmont; and that when received, said petition and papers be referred to the committee on the internal affairs of towns and counties.

Ordered, That the Clerk transmit said papers.

On motion of Mr. Paterson, the Senate adjourned to half-past 7 o'clock, P. M.

HALF-PAST SEVEN O'CLOCK, P. M.,

The Senate again met.

A message from the Assembly was received and read informing

that they had concurred in the amendments of the Senate to the bill entitled as follows:

"An act to incorporate the Oswego City Savings Bank.' Ordered, That the Clerk return said bill to the Assembly.

The Assembly returned the bill entitled "An act to extend the time for the collection of taxes," with a message that they had concurred in the amendment made to their amendment, to said bill.

Ordered, That the Clerk deliver said bill to the Governor.

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

Resolved, (if the Senate concur,) That in the opinion of this Legislature, the present method of electing our chief magistrate is antirepublican and not in accordance with the radical democratic spirit of the age.

Resolved, (if the Senate concur,) That the Senators in Congress from this State be instructed, and the Representatives in Congress from this State be requested, to use their best efforts to procure an amendment to the Constitution of the United States, providing for the election of President and Vice-President of the United States by a direct vote of the people.

Resolved, (if the Senate concur,) That the President of the Senate and Speaker of the Assembly be requested to furnish to each of our Senators and Representatives a copy of the foregoing resolutions.

Ordered, That said resolutions be laid on the table.

The President announced the special order, being the concurrent resolutions relative to the purchase of Cuba.

Mr. Diven moved that the special order be postponed until Friday evening next, at half-past seven o'clock.

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

The Senate then resolved itself into a committee of the whole and proceeded to the consideration of the special order, being the bill entitled as follows:

"An act for the relief of the New York State Inebriate Asylum, and for other purposes."

And after some time spent therein, Mr. Brandreth, from said committee, reported in favor of the passage of said bill, with amend

ments.

Mr. Johnson moved to lay the report of the committee of the whole 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 :

Mr. Paterson renewed the amendment made in committee of the whole, to strike out "fifteen" and insert "ten."

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

Mr. Brandreth moved to reconsider the vote just taken. Mr. Johnson moved to lay that motion 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 then put the question whether the Senate would agree to said motion to reconsider, and it was decided in the negative.

Mr. Smith moved to lay the question on agreeing to the report of the committee of the whole on the table, and that the bill be printed as amended in committee of the whole.

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

On motion of Mr. Mather, the Senate adjourned.

TUESDAY, MARCH 1, 1859.

The Senate met pursuant to adjournment. Prayer by the Rev. Dr. Gregory.

The journal of yesterday was read and approved.

Mr. Mather presented a petition of merchants of the city of New York, asking for increased capacity to the canals of this State, to enable them to maintain the trade of the west, which was read and referred to the committee on canals.

Mr. Ely presented a petition of Edward A. Lawrence, and others, to regulate Gas Companies in New York, and Brooklyn, which was read and referred to the committee on the incorporation of cities and villages.

Mr. Loveland presented a petition of Charles T. Hammond and Allen Penfield, for relief, which was read and referred to the committee on the judiciary.

Mr. Darling presented a petition of citizens of Cattaraugus co., for a new fee bill in reference to justices of the peace and constables, and a repeal of present law on same subject, which was read and committed to the committee of the whole.

Mr. Sloan presented a remonstrance of S. B. Althouse, and other owners of property on Mercer and Green streets, and Waverly Place,