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Prayer by Rev. Dr. Halley.

Hon. Alfred Wagstaff, Jr., Senator from the Fifth District, elected to fill the vacancy caused by the death of Hon. James W. Booth, appeared in the Senate and took and subscribed the constitutional oath of office.

Hon. E. Carlton Sprague, Senator from the Thirty-first district, elected to fill the vacancy caused by the resignation of Hon. Sherman S. Rogers, appeared in the Senate and took and subscribed the constitutional oathi of office.

The President then arose and addressed the Senate as follows:

SENATORS.—I have again been charged with the duty of presiding over your deliberations. In assuming this office, I may believe that my past experience will enable me to be more useful to you, and I am sure that I may expect a continuance of the generous indulgence which I have already received at your hands. It is not necessary that I should endeavor to impress upon you the importance of the relations you hold to the government of ihe State. New York enters upon the second century of our national existence with nearly twice the population which the colonies had when independence was declared. According to the ratio of European growth during the last century, the second centennial will find there not less than twenty millions of people, descendants of all the European races, and presenting an unusual diversity and variety of interests and pursuits. I venture to remind you that you act not for yourselves, nor for this time alone, but that what you do here will have an influence

upon all the great future of New York. Mr. McCarthy offered the following:

Resolved, That a committee of two be appointed 10 wait upon his Excellency the Governor, and inform him that the Senate is organized and ready to proceed to business.

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

The President appointed as such committee Messrs. McCarthy and Gerard...

Mr. Vedder offered the following:

Resolved, That a committee of two be appointed to wait upon the Honorable the Assembly, and inform that body that the Senate is organized and ready to proceed to business.

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

The President appointed as such committee Messrs. Vedder and Kennaday.

Mr. Cole offered the following:

Resolved, That A. Judson Shelley be appointed clerk of the committee on canals, and Franklin Andes, messenger of the same; their appointment to continue during the session of 1877.

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

FOR THE AFFIRMATIVE.
Bixby.
Gerard
Moore

Tobey
Carpenter Harris

Robertson Vedder
Cole
Jacobs
Şayre

Wagstaff
Coleman
Kennaday Selkreg

Woodin
Doolittle
Loomis
Starbuck

19

Mr. Harris offered the following:

Resolved, That Rev. Dr. Ebenezer Halley be appointed Chaplain of the Senate for the present session, and that his compensation be the same as that paid for similar services at the last session, viz., $500 for "the session.

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

FOR THE AFFIRMATIVE.
Bixby
Gerard
McCarthy

Starbuck
Carpenter Harris

Moore

Tobey
Cole
Jacobs
Robertson

Wagstaff
Coleman
Lamont

Woodin
Doolittle
Loomis
Selkreg

19 Mr. Harris offered the following:

Resolved, That Andrew G. Draper be appointed clerk, and Henry A. Allen, messenger, of the committee on finance, during the session of the Legislature for 1877.

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

Sayre

20

FOR THE AFFIRMATIVE.
Bixby
Gerard

McCarthy Starbuck
Carpenter - Harris

Moore

Tobey
Cole
Jacobs
Robertson

Vedder
Coleman
Kennaday Sayre

Wagstaff
Doolittle
Loomis
Selkreg

Woodin
Mr. Moore offered the following:

Resolvei, That the Senate meet daily at eleven o'clock, A. M., until otherwise ordered.

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

Mr. Tobey offered the following:

Resolved, That Orlando Kellogg be appointed clerk of the committee on insurance for the session of 1877, and Robert Q. Chahoon, messenger of same committee.

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

FOR THE AFFIRMATIVE.
Bixby
Gerard
McCarthy

Starbuck
Carpenter Harris

Moore

Tobey
Cole
Javobs
Robertson

Vedder
Coleman
Kennaday Sayre

Wagstaff
Doolittle
Loomis
Selkreg

Woodin

20 Mr. Sayre offered the following:

Resolved, That George M. Lowery be and he is hereby appointed clerk to the cominittee on roads and bridges for the session of 1877.

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

FOR THE AFFIRMATIVE.
Bixby
Gerard

McCarthy Tobey
Carpenter Harris

Moore

Vedder

Cole
Jacobs

Robertson Wagstaff
Coleman
Kennaday Sayre

Woodin
Doolittle
Loomis
Selkreg

19 Mr. Vedder offered the following:

Whereas, The large assortment of mail and express matter, sent from the Senate, renders additional assistance necessary, therefore,

Resolved, That George Martinus be and he is hereby appointed superintendent of mail and express matter for the present session, and that he receive the same per diem and mileage compensation now by law authorized and paid to the assistant postmaster of the Senate, for the session of 1877, and that the said compensation be paid in the same manner that the other officers of the Senate are paid.

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

FOR THE AFFIRMATIVE.
Bixby
Gerard

McCarthy Starbuck
Carpenter Harris

Moore

Tobey
Cole
Jacobs

Robertson Vedder
Coleman
Kennaday Sayre

Wagstaff
Doolittle
Loomis
Selkreg

Woodin

20 Mr. Coleman offered the following:

Resolved, That Alfred H. Comstock be and 'he is hereby appointed clerk to the committee on banks for the session of 1877.

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

FOR THE AFFIRMATIVE.
Bixby
Harris
Moore

Starbuck
Carpenter Jacobs

Robertson Tobey
Cole
Kennaday Sayre

Wagstaff
Coleman
Lamont
Seikreg

Woodin
Doolittle
Loomis
Sprague

19 The President announced the following appointments : President's Clerk - J. Stanley Browne. President's Messenger — Archie H. Smith. Mr. Woodin offered the following: Resolved, That a special committee of seven Senators be appointed, to which shall be referred the subject of apportionment of members of the : Legislature, under the last enumeration, with instructions to report by bill.

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

The Clerk announced the following appointment: W. S. Flintham, clerk's and bank messenger, in place of II. L. Glidden, resigued.

Mr. Coleman offered the following:

Resolved, That George W. Bull be appointed clerk of the committee on commerce and navigation for the session of 1877.

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

FOR TIIE AFFIRMATIVE.
Bixhy
Jacobs

Robertson Tobey
Carpenter Loomis

Selkreg

Vedder

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Cole
McCarthy Sprague

Wagstaff
Coleman
Moore
Starbuck

Woodin
Doolittle

17 Mr. Carpenter offered the following:

Resolved, That Whitfield Irish be and hereby is appointed messenger to the standing committee on villages, for the session of the Senate for 1877.

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

FOR THE AFFIRMATIVE.
Bixby
Gerard

McCarthy Sprague
Carpenter
Harris
Moore

Tobey
Cole
Jacobs

Robertson Wagstaff
Coleman
Lamont
Selkreg

Woodin
Doolittle
Loomis

18 Mr. McCarthy, from the committee appointed to wait upon his Excel lency the Governor, reported that the committee had performed that duty, and that the Governor would communicate with the Senate by message.

Mr. Jacobs moved that the Senate take a recess until twelve o'clock.

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

TWELVE O'CLOCK, M. The Senate again met. The President announced the appointment of the following as a committee on apportionment of members of the Legislature, under last enumeration : Messrs. Woodin, Sprague, Harris, Moore, Jacobs, Gerard, Starbuck.

Mr. Robertson offered the following

Resolved, That Cornelius Kene be appointed clerk of the judiciary committee for the session of 1877.

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

FOR THE AFFIRMATIVE.
Bixby
Emerson

McCarthy Sprague
Bradley
Gerard
Moore

Starbuck
Carpenter Harris

Robertson Wagstaff
Cole
Jacobs
Sayre

Wellman
Coleman
Lamont
Selkreg

Woodin
Doolittle
Loomis

22 Mr. Robertson offered the following:

Resolved, That the clerk of the Senate make the usual arrangments for the payment of postage on all papers and documents sent through the mail or by express, by any Senator or officer of the Senate.

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

1877.}

FOR THE AFFIRMATIVE,
Bixby
Emerson
Loomis

Selkreg
Bradley
Gerard
Moore

Starbuck
Carpenter Harris

Robertson Wagstaff
Cole
Jacobs
Sayre

Wellinan
Coleman
Lamont

Schoonmaker Woodin
Doolittle

21 Mr. Vedder, from the committee appointed to wait upon the Honorable the Assembly, reported that the committee had discharged the duty intrusted to them.

Messrs. Alvord and Ruggles, a committee from the Assembly, appeared in the Senate and informed the Senate that the Assembly had organized and were ready to proceed to business.

A message was received from the Governor and read, in the words following:

STATE OF NEW YORK,

EXECUTIVE CHAMBER, January 2, 1877. To the Legislature :

At the commencement of my service as chief magistrate of the State, it is gratifying to find the legislative representatives of the people assembled in their respective chambers and ready to unite with me in such measures as the welfare of our constituents may demand. In entering upon our duties it becomes us to acknowledge our dependence upon the Supreme Power which controls the destinies of States and nations, and which has so often interposed for our deliverance from danger, and humbly to implore a continuance of its guidance and protection.

We ought also at all times to remember that we are not here to promote our own individual interests. The people have not chosen us and sent us to their Capitol for any such purpose. On the contrary, they have placed in our hands a great and sacred trust, to be administered for their benefit and for the interest and honor of the inhabitants of the whole State, without regard to locality, religious creed or political party, The money which they pay into the public treasury is not our money; nor is it the money of the State, except as the people are the State. It still belongs to them until it is paid out by their agents for the legitimate expenses of their government as provided by the Constitution and laws. If a single dollar be otherwise appropriated or paid, it will be a breach of trust for which there can be no justification or excuse. Let us keep these principles constantly before us as we proceed with our respective duties.

FINANCES. The accounts of the financial affairs of the State are kept with thirteen different funds, counting the several canal funds as one. The details of the accounts will be found in the Comptroller's report. The following statement exhibits the financial condition of the State at the close of the fiscal year, as it would be if all the funds were condensed into one: Aggregate balance in the treasury of all the funds, October 1, 1875, $8,126,778 98 Aggregate receipts during the fiscal year ending September 30, 1876..

18,623,986 29 Total...

$26,750,765 27 Deduct payments during the year

17,827,711 49 Balance in the treasury September 30, 1876....

$8,923,053 78

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