a majority of all the members elected to the Senate not voting in favor thereof, as follows:

Mr. Diven 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.

The bill entitled "An act to permit the Buffalo Elevating and Storing company to change the number of its directors," 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:

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

Mr. Bliss and Mr. Lawrence, a committee from the Assembly, appeared and announced the death of Hon. Marsena Baker, a member of the Assembly from the first district of Cattaraugus county. Mr. Darling offered the following resolutions:

Resolved, That the Senate have received with profound sorrow the sad intelligence of the death of Hon. Marsena Baker, one of the members of Assembly from Cattaraugus, whose life closed yesterday, distant from the scene of his legislative labors, and from his family and home.

Resolved, That the Senate sympathise with the constituency thus suddenly deprived of a faithful representative, and still more deeply sympathise with the family and friends whose domestic circle is thus sadly and mournfully broken.

Resolved, That the Senate will join the Hon. Assembly in any action to testify their respect for the character of the departed member.

Resolved, That the President of the Senate be requested to transmit a copy of the foregoing resolutions to the family of the deceased. Resolved, As a further mark of respect, that the Senate do now adjourn.

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

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

The Senate again met.

The President announced the special order, being the question of the alleged vacancy in the 11th Senatorial district.

On motion of Mr. Paterson, the special order was postponed for half an hour.

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 to increase the powers and duties of public administrators."

"An act in relation to the compensation of Justices of Sessions in the county of Westchester."

"An act to amend the charter of the People's Loan and Relief company, of the city of New York, passed April 17, 1858."

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

Mr. Scott offered the following resolution:

Resolved, That document No. 63, being the report of the select committee appointed to take testimony in the case of the alleged vacancy in the 11th Senatorial district, be submitted to the Judges of the Court of Appeals, with a respectful request that they communicate to the Senate, at their earliest convenience, if not deemed incompatible with their official duties, their opinion upon the question whether a vacancy exists in the office of Senator for said district.

Mr. Diven moved to amend, by adding thereto the following, viz: "but the passage of this resolution shall not postpone the final action of the Senate upon the subject of the special order now before it, beyond the time already fixed upon for such action."

The President put the question whether the Senate would agree to said amendment of Mr. Diven, and it was decided in the negative, as follows:

Mr. Mather moved to amend the resolution by adding, "but the final vote shall not be postponed beyond Monday evening next, at 10 o'clock."

The President put the question whether the Senate would agree to said amendment of Mr. Mather, and it was decided in the negative, as follows;

Mr. Paterson moved to lay the resolution on the table.

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

By unanimous consent, Mr. Ely asked and obtained leave to introduce a bill entitled "An act to reorganise the public school system in the city of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

On motion of Mr. Schell, the Senate adjourned.

WEDNESDAY, MARCH 16, 1859.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Rollo.

The journal of yesterday was read and approved.

Mr. Mather moved to postpone the special order, set down for this hour, 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 1st, 1859, and for other purposes," for half an

hour.

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

Mr. Mather presented a petition of the New York Protestant Epis copal School, in relation to perfecting the grounds adjoining their building, by sale or purchase, or otherwise, which was read and referred to the committee on charitable and religious societies.

Mr. Schell presented a remonstrance of merchants of New York, against increase in rates of wharfage, which was read and committed to the committee of the whole.

Mr. Mather presented a remonstrance of merchants of New York, on same subject, which was read and committed to the committee of the whole.

Mr. Hubbell presented a petition of Horatio Seymour and others, for the passage of a law to confirm the election of John R. Timon a justice of the peace, which was read and referred to the committee on the judiciary.

Mr. Loveland presented two petitions of citizens of Warren county, for a prohibitory liquor law, which were read and committed to the committee of the whole.

Mr. Mandeville presented two remonstrances of merchants and others, of the city of Poughkeepsie, against the bill to increase rates of wharfage, which were read and committed to the committee of the whole.

Mr. Scott presented a petition of James E. Nutt & Co., for relief, which was read and referred to the committee on claims.

Mr. Smith, from the committee on charitable and religious societies, to which was referred the bill entitled "An act to legalize the election, classification and official acts of the trustees of the Lima Baptist Church and Society," 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. Noxon, from the committee on the judiciary, to which was referred the bill entitled "An act to confirm the election of John R. Timon, a justice of the peace in the city of Utica, county of Oneida,” 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. Prosser, from the committee on canals, to which was recommitted 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 1st, 1859, and for other purposes," 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. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the petition of John Kershaw and John Williams,on behalf of citizens of Sherburne, Chenango county, that said town may be made into one election district, reported a bill entitled "An act constituting the town of Sherburne, in the county of Chenango, a single election district," 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. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the petition of citizens of Glenville, for an act to amend an act passed April 14, 1820, and an act passed May 7, 1847, in regard to said town, reported a bill entitled "An act to amend an act entitled 'An act to erect certain parts of the city of Schenectady into separate towns, and for other purposes, passed April 14, 1820,' and an act authorizing the trustees of the town of Glenville to receive commutation for quit rents payable

to said trustees, passed May 7, 1847," 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. Laflin, from the committee on literature, to which was referred the bill entitled "An act to enable the trustees of Alfred University to issue bonds," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered. engrossed for a third reading.

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Mr. Laflin from the committee on commerce and navigation, to which was referred the Assembly bill entitled "An act to incorporate the Mamaroneck and New Rochelle Steam Navigation company, with power to report complete, reported the same complete, with amendments, which report was agreed to, and said bill ordered to a third reading.

Mr. Loveland, from the committee on public printing, to whom was referred the resolution to print extra copies of the minority report of the select committee to which was referred the memorial in relation to Washington Market, reported in favor of the adoption of the following resolution:

Resolved, That 500 extra copies of the minority report of the select committee, to which was referred the memorial in relation to Washington Market, be printed for the use of the committee.

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

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

"An act to amend an act entitled 'An act to amend and condense the several acts in relation to the village of Hamilton,' passed May 11, 1840."

"An act to amend the 8th title of chapter 8, of part 3rd of the Revised Statutes, entitled 'Of proceedings for the collection of demands against ships and vessels.""

"An act to establish and regulate a ferry across Sodus bay, in the town of Huron, in the county of Wayne."

Mr. Burhans gave notice that he would, at an early day, ask leave to introduce a bill in relation to plank and turnpike road and bridge companies.

By unanimous consent, Mr. Mather asked and obtained leave to introduce a bill entitled "An act in relation to the New York Protestant Episcopal Public School," 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.

By unanimous consent, Mr. J. D. Willard asked and obtained leave to introduce a bill entitled "An act to authorize the city of Troy to borrow money and to provide for the payment thereof by tax," 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.

By unanimous consent, Mr. Burhans asked and obtained leave to introduce a bill entitled "An act in relation to plank and turnpike