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read the second time, and referred to the committee on the judiciary.

.In pursuance of previous notice, Mr. Noxon asked and obtained leave to introduce a bill entitled "An act to amend the act entitled 'An act to exempt from sale on execution the homestead of a householder having a family," passed April 10, 1850; which was read the first time, and by unanimous consent, was also read the second time and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Stow asked and obtained leave to introduce a bill entitled "An act to repeal parts of chapter 536 of the Laws of 1857," passed April 15, 1857; which was read the first time, and by unanimous consent, was also read the second time and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Schell asked and obtained leave to introduce a bill entitled "A act to amend the charter of 'Orphans' Home,' New-York city;" w.ich 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.

Mr. Schell offered the following preamble and resolution, viz: Whereas the aggregate indebtedness of various foreign governments, to citizens of the United States, has gradually swollen to a vast amount; and whereas, without the intervention of their own government, the only resource of such citizens is that of a powerless dependence upon the caprice of said foreign States; and whereas, without the advocacy and faithful dispensation of justice, no government is true to its appropriate mission; therefore be it

Resolved, By the Senate and House of Representatives of the State of New-York, in general Assembly met, that the Senators of New-York in the Congress of the United States, be instructed, and the members of New-York in the Congressional House of Representatives be requested, to procure the enactment of a law to constitute the Court of Claims a tribunal for hearing and determining the character and amounts of all such indebtedness as aforesaid. Ordered, That said preamble and resolution be laid on the table. Mr. Noxon offered the following resolution, viz:

Resolved, That 400 extra copies of the report of the Commissioners of the Canal Fund, and the Auditor of the Canal Department, be printed for the use of the Auditor.

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

By unanimous consent, Mr. Loveland, from the committee on public printing, to which was referred the resolution relative to printing extra copies of the report of the Banking Department; reported in favor of the adoption of the following resolution, viz:

Resolved, That 2,000 extra copies of the report of the Superintendent of the Bank Department be printed for the use of the Senate, and 500 additional copies for the use of the Bank Department.

Mr. Wadsworth moved to amend the resolution by striking out "2,000" and inserting "3,000."

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

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

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The Senate then proceeded to the consideration of the special order, being the following resolutions:

Resolved, That the right in Congress to govern is incidental and necessary to the right to acquire and hold territory; that in providing a government for a territory under this right, it should be based upon the popular will of the lawful inhabitants of the territory, subject to the Constitution, laws, treaties and compacts of the United States; that the admission of a territory into the Union as a State, should be upon the voluntary application of the people of the territory, with a Constitution of their own choice, republican in form, and not in conflict with any of the laws or ordinances of the General Government.

Resolved, That the attempt on the part of the administration of the general government to force upon the territory of Kansas a Constitution that is known to be opposed by a large majority of the inhabitants, is repugnant to the principles of self government; is a violation of the pledges of Congress in the act organizing the territory, and an act fraught with danger to the peace and liberty of the country.

Resolved, That our Senators in Congress be instructed, and our Representatives requested to oppose the passage of any law that shall recognize the validity of a Constitution for Kansas that shall not have been fairly submitted to the people of the territory, and received their sanction.

Resolved, (if the Assembly concur,) That these resolutions be transmitted by the Governor to our Senators and Representatives in Congress.

Without taking the question, on motion of Mr. Mather, the Senate took a recess until 7 o'clock.

SEVEN O'CLOCK.

The Senate met and proceeded to the consideration of the resolutions pending at the time of taking the recess.

Mr. Mandeville moved that the farther consideration of the resolutions be indefinitely postponed.

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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Mr. Mather moved that the further consideration of the resolutions be postponed until Tuesday next, at 12 o'clock.

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

By unanimous consent, Mr. Spinola presented a memorial of the Long Island railroad company, asking that time for payment of Long Island railroad State stocks be fixed by law; which was read and referred to the committee on finance.

By unanimous consent, in pursuance of previous notice, Mr. Sloan asked and obtained leave to introduce a bill entitled "An act for the restoration, by receivers, to banking associations, moneyed corporations, joint stock associations, and individual bankers, whose debts have been paid or secured, of their property remaining in the receiver's hands;" which was read the first time, and by unanimous consent, was also read the second time, and referred to the committee on banks

On motion of Mr. Smith, the Senate adjourned.

FRIDAY, JANUARY 15, 1858.

The Senate met pursuant to ajournment.

Prayer by Rev. Mr. Dyer.

The journal of yesterday was read and approved.
The President presented the following communication:

To the President of the Senate:

CONGRESS HALL, ALBANY, January 14, 1858. (

Sir-The family of Gen. Worth have in their possession four swords, presented to him at different times for his military services: one of which was presented by this State, one by order of Congress, one by the State of Louisiana, and one by the citizens of Hudson, his birth place.

Valued as they are, for the actions which they commemorate, they are also valuable by reason of their material, so much so as to subject them to great hazard of destruction or abduction, unless carefully preserved.

The family are therefore unwilling to subject them to the hazards of a private residence, and they have been accordingly for the last three years deposited in the vault of one of the banks of this city.

It is not desirable that they should thus be hidden from sight, and I therefore beg leave respectfully to suggest, whether the Legislature will not permit them to be deposited in the State Library, under the charge of its trustees, until such time as the General's only son shall attain the age of twenty-one and be in a condition to take care of them, or until the family shall otherwise reclaim them.

I am sir, very respectfully, &c.,

J. W. EDMONDS.

P. S. It is perhaps proper that I should add, that I make this suggestion in compliance with the desire of the family to have these cherished gifts carefully preserved, beyond the reach of all contingency.

The communication, on motion of Mr. Scott, was referred to the joint library committee.

On motion of Mr. J. D. Willard,

Resolved, That said communication be printed.

Mr. Darling, from the committee on railroads, to which was referred the petition of S. Seymour, late State Engineer and Surveyor, for extension of time for making the annual Railroad report, to the first of April, 1858; reported in favor of the adoption of the following concurrent resolutions, viz:

Resolved, (if the Assembly concur,) That the late State Engineer and Surveyor, have time until the first of March next, to complete the annual report in relation to railroads for the last fiscal year, and that he be authorised to employ such clerks as may be necessary, not exceeding two in number, to assist in making the tabulations required for said report, and to superintend the printing of the same.

Resolved, (if the Assembly concur,) That the late State Engineer and Surveyor be directed to report to the Attorney General the names of all railroad companies which have neglected to make the annual report required by law, and that the Attorney General be directed to prosecute every such company which shall not make and transmit its report to the State Engineer and Surveyor's office by the first day of February next, for the penalty imposed by law for such neglect.

Ordered, That said resolutions be laid on the table.

Mr. Loveland, from the committee on public printing, to which was referred the resolution to print extra copies of the Auditor's

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report, reported in favor of the adoption of the following resolution, which was agreed to, viz:

Resolved, That 400 extra copies of the report of the Commissioners of the Canal Fund, and the Auditor of the Canal Department, be printed for the use of the Auditor.

The President presented the annual report of the State Engineer and Surveyor, for the year 1857; which was read, laid on the table and ordered printed.

(See Doc. No. 15.)

Mr. Stow offered the following resolution, viz :

Resolved, That 1,000 extra copies of the annual report of the State Engineer and Surveyor, without the accompanying documents, be printed immediately; and also 2,000 extra copies of the report and documents for the Legistature, and 2,000 copies for the State Engineer, be printed.

Mr. Spinola called for a division of the question; first on ordering 1,000 extra copies.

The President put the question whether the Senate would agree to said motion to order 1,000 extra copies printed immediately, and it was decided in the affirmative.

On motion of Mr. J. D. Willard, the remainder of the resolution was referred to the committee on public printing.

Mr. Mather gave notice that he would, at an early day, ask leave to introduce a bill in relation to the City Hall of the city of New-York.

Mr. Truman gave notice that he would, at an early day, ask leave to introduce a bill to incorporate the city of Binghamton.

Mr. Paterson gave notice that he would, at an early day, ask leave to introduce a bill to amend chapter 458 of the Laws of 1857.

Mr. Stow gave notice that he would, at an early day, ask leave to introduce a bill to amend the 132nd section of the Code of Procedure.

Mr. Stow gave notice that he would, at an early day, ask leave to introduce a bill to declare "The Buffalo and Lake Huron railroad company" a corporation under the general railroad act.

Mr. Noxon gave notice that he would, at an early day, ask leave to introduce a bill to amend section 179 of the Code of Procedure, and to secure to debtors the protection of personal liberty by due process of law.

Mr. Loveland gave notice that he would, at an early day, ask leave to introduce a bill authorizing the application of certain nonresident taxes to improve the road in the towns of Keene and North Elba, in Essex county.

By unanimous consent, Mr. Loveland, from the committee on public printing, to which was referred the resolution to print extra copies of the report of the Commissioners to examine the accounts of the Superintendent of the Bank Department, reported in

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