to said amendment of Mr. Diven, and it was decided in the affirmative.

The President then put the question whether the Senate would agree to the amendment of Mr. John D. Willard, and it was decided in the negative.

Mr. Pratt moved that the further consideration of this subject be postponed until Wednesday evening, at 7 o'clock.

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

Mr. Truman moved that it be postponed until to-morrow afternoon, at 4 o'clock.

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

By unanimous consent, Mr. Ely asked and obtained leave to introduce a bill entitled "An act to facilitate and regulate daily exchanges between banks, and the settlement and payment of the balances thereof," which was read the first time, and by unanimous consent was also read the second time and referred to the committee on banks.

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:

"An act amending the act for the supply of water for the State Lunatic Asylum from the Chenango canal."

"An act to amend an act entitled 'An act in relation to the Marine court of the city of New York,' passed July 21, 1853."

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

And after some time spent therein, Mr. Loveland, from said committee, reported in favor of the passage of said first and second mentioned bills, which reports were agreed to, and said bills ordered engrossed for a third reading.

Mr. Loveland, from the same committee, reported progress on the third mentioned bill, and asked and obtained leave to sit again.

On motion of Mr. Foote and by unanimous consent, the committee of the whole was discharged from the further consideration of said last mentioned bill, and the same was referred to the committee on the incorporation of cities and villages, to report complete.

Mr. Diven moved to reconsider the vote on the amendment of Mr. John D. Willard to the resolution relative to the subject of the alleged vacancy in the 11th Senatorial district.

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 amendment of Mr. John D. Willard, as amended by the amendment of Mr. Diven, and it was decided in the affirmative. On motion of Mr. Laflin, the Senate adjourned.

TUESDAY, MARCH 8, 1859.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Pomfret.

The journal of yesterday was read and approved.

Mr. Mather presented a memorial of John T. Mills of New York, on the subject of city railroads, which was read and referred to the committee on the incorporation of cities and villages.

Also a petition of merchants and citizens of New York, asking for an increase of the capacity of the canals of this State, which was read and referred to the committee on canals.

Mr. Prosser presented a remonstrance of numerous citizens of the city of New York, against the increase of wharfage in said city, which was read and committed to the committee of the whole.

Mr. Boardman presented a petition of Holmes, Shoemaker & Co., and others, for some regulation on freights of railroads in this State, so as not to discriminate against citizens living in this State, which was read and referred to the committee on railroads.

Mr. J. A. Willard presented a petition of citizens of Jefferson and Lewis counties, for an appropriation for the improvement of Beaver river, which was read and referred to the committee on finance.

Mr. Truman presented two petitions of citizens of Tompkins co., for a Law providing for the better government and regulation of railroads and their freight tariffs, which were read and referred to the committee on railroads.

Mr. Pratt presented a petition of citizens of Denning and Shandaken, Ulster county, for the erection of a new town from parts of these towns, which was read and referred to the committee on the erection and division of towns and counties.

Mr. Loveland presented a petition of 43 citizens residing in Elizabethtown, Essex county, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Burhans presented a petition of citizens of Schenectady, for a Law exempting premium notes of Mutual Insurance companies from taxation, which was read and committed to the committee of the whole.

Mr. Mather presented a petition of the medical board of the Nursery and Child's Hospital in the city of New York, asking for an appropriation, which was read and referred to the committee on finance.

Mr. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the petition of members of the Canandaigua Walton Club, for an act of incorporation, reported in favor of the adoption of the following resolution, viz:

Resolved, That the prayer of the petitioners be denied.

On motion of Mr. Diven, the report was laid on the table.

Mr. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the bill entitled "An act to amend an act in relation to the support of the poor in the county 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. Laflin moved to take from the table the report of the committee on commerce and navigation, on the bill relative to "wharfage in the cities of New York and Brooklyn."

Mr. Mather 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 affirmative.

Mr. Boardman, from the committee on Indian affairs, to which was referred the petition of 96 of the Seneca Nation of Indians for an act to apply the provisions of the 17th section of chapter 628, of the Laws of 1857, to the Indians of this State, reported a bill entitled "An act to apply the provisions of the 17th section of chapter 628, of the Laws of 1857, to the Indians of this State," 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. O. B. Wheeler rose to a question of privilege, and 'asked the Clerk to read certain letters he sent up to the President.

Mr. Ely moved that the Senate go into secret session for the purpose of having said letters read.

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

The Senate then went into secret session, and after some time spent therein, the doors were opened and legislative business resumed.

The hour of 12 o'clock having arrived, the President announced the special order, being the consideration of the bill and reports relative to the Metropolitan Police Law of New York.

On motion of Mr. Mather, said special order was postponed until Friday next at 12 o'clock.

The President then announced the other special order, being the Assembly bill entitled "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."

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of said bill.

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

Mr. Hubbell moved that the amendments made in committee of the whole, be printed, and that said bill be made the special order for Thursday next at 12 o'clock.

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

The hour of one o'clock having arrived, the President announced

the special order, being the third reading of the bill entitled "An act for the relief of the New York State Inebriate Asylum, and for other purposes," and stated that the pending question was on the motion of Mr. Hubbell to recommit said bill to the committee of the whole, with instructions to add at the end of the first section the following:

"That out of the excise money received under chapter 628, Session Laws of 1857, shall first be paid all expenses incurred by any of the counties, cities, villages or towns of this State, in executing said Law, (chapter 628, passed April 16, 1857,) before any percentage shall be paid to this Asylum, and which amount shall be ascertained by the audit of said expenses by the proper auditors of such accounts."

Mr. Hubbell withdrew the motion to recommit, when said bill 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.

5

A message from the Assembly was received and read, informing that they had concurred in the passage of the resolution relative to the suspension of the 19th rule, without amendment.

On motion of Mr. Spinola,

Resolved, That the Attorney General be respectfully requested to communicate to the Senate, at as early a day as practicable, his opinion upon the question whether a vacancy exists in the 11th Senatorial district.

Mr. Darling, from the committee on engrossed bills, reported as correctly engrossed, the bills entitled as follows:

"An act concerning the navigation of the canals, and the collection of tolls."

"An act to amend an act entitled 'An act requiring certain highway assessments worked on the turnpike road of the Schoharie Kill Bridge Company to be worked under the direction of that Company,' passed April 17, 1851."

"An act to provide for the performance of certain duties imposed upon a Canal Commissioner, in cases where he may be disqualified from acting."

"An act to amend an act entitled 'An act in relation to the Marine Court of the city of New York,' passed July 21, 1853.

"An act amending the act for the supply of water for the State Lunatic Asylum from the Chenango canal."

"An act for the relief of Albert G. Sage."

"An act to provide for the election of two additional superintendents of the poor in Ulster county."

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

"An act for the construction of a road from the town of Osceola, in the county of Lewis, to the town of Martinsburgh, in said Co.

"An act making appropriations for the canal debt, and the maintenance of the canals, for the fiscal year commencing on the first day of October, 1859, and to supply a deficiency in a former appropriation.

"An act to amend the act entitled 'An act to amend the several acts incorporating the village of Owego, in the County of Tioga,' passed April 9, 1851."

"An act to authorise the Middletown and Bloomingburgh plank road company to sell or mortgage their road.”

"An act to authorise the Middletown and Unionville plank road company to sell or mortgage their road.”

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the petition of citizens of Ellicottville, for an amendment to their city charter, reported a bill entitled "An act to amend an act incorporating the village of Ellicottville,” 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 incorporate the village of Moravia, in the county of Cayuga, and to repeal existing laws incorporating said village," with power to report complete, reported the same complete; which report was agreed to, and said bill ordered to a third reading.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to consolidate and amend the several acts relating to the village of Sherburne, and to enlarge the powers of the corporation of said village," with power to report complete, reported the same complete, with an amendment; which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Ely, from the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to enlarge the bounds of the village of Fort Edward, make the same a separate road district, and conferring additional powers upon the trustees of said village," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

On motion of Mr. Truman, the Senate took a recess until 4 o'clock.