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County.

District.

Name. Warren,

David Noble, 2nd, Washington,

Ebenezer McMurray,

2 George W. Thorn, Wayne, ...

1 Willis G. Wade,

2 John P. Bennett, Westchester,..

1 Elijah Lee,

2 Jacob Odell, Wyoming,

Alonzo B. Rose, Yates, .

David G. Underwood. The members elect were called to order by John S. Nafew, Clerk of the last House.

The proceedings were opened with prayer by the Rev. Dr. Wyckoff.

The Hon. Elias W. Leavenworth, Secretary of State of the State of New York, adininistered to the members present the oath of office prescribed by the 12th article of the Constitution of this State, and the said oath was thereupon subscribed by the members.

On motion of Mr. D. P. Wood, Resolved, That the House now proceed to choose a Speaker, that the list of members be called, and that each member, as his name is called, rise in his place and openly nominate the person whom he desires for Speaker.

The Clerk then proceeded to call the list of members, and they rose in their seats and nominated as follows:

FOR ROBERT H. PRUYN,
Adams
Case
Graham
Martin

Sessions
Angel
Chesebro' Harpur May

Sharp
Bailey
Cook
Harris

McGraw Sill
Baker
Conklin
Hatch
McMurray

Stephens
Buckus
Crocheron Holdridge Mitchell

Thorn
R. J. Baldwin Cumming Hoyle

Monfort Townsend
S. Baldwin Dewey

Hull
Nelson

Underwood
Barrow
A. A. Dunlop Mat. Hutchinson Palmer

Ward
Bennett
Edwards Mos. Hutchinson Payne

Ware
Benedict Fiero

Jenkins
Peters

Weed
Beers
Freeman Kinney

Richardson Whipple
Bergen

Germain Kirkland Robertson Willis
Boardman Gleason
Littlefield Rose

Winne
Boyd
Gorham Littlejohn Savage

D. P. Wood
Burnett
Gott
Lozier
Scott

74
FOR GEORGE D. W. CLINTON,
Aitkin
Cushman Mills

Searing

White
Barton
R. Dunlap Morris

Sheeley

Whitman
Baucus
Gibbs
Noble

Smalley Wilson
Bostwick Hollenbeck Odell

Suffern

J. S. Wood
Brust
Lee
Preston

Thompson
FOR JONATHAN C. COLLINS,
Burgess Hall

L, Miller Richards Wart
Clark
Hinckley

S. F. Miller Rowland Wilder
Dawson
Legg
Randall
Seeley

Williams
Ferguson Leigh

24

17

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FOR J. B. HOWELL, Sterling

Mr. Pruyn having received a majority of the whole number of votes cast, was declared by the Clerk duly elected.

Messrs. Clinton and Littlejohn conducted the Speaker to the chair, whereupun he delivered the following address, to wit.

Gentlemen of the Assembly-I thank you for the honor you have conferred upon me by selecting me to preside over your deliberations. I am deeply sensible that this honor is attended with weighty responsibilities; and that in the discharge of the delicate duties of the Chair, I shall need your kind indulgence.

If, at any time, the rules which you shall adopt for your government, shall appear to any of you to impose unnecessary restraint, I ask you to remember that a rigid adherence to them is necessary for the protection of the rights of the minority, and for the prompt and satisfactory discharge of the legislative duties of all. If their administration by myself shall be characterised by firmness without severity, and by strict impartiality, I shall expect and feel assured that I shall receive your cordial co-speration and support.

In all your deliberations I humbly implore the guidance of that Almighty Power without whose favor all human effort is unavailing; so that at the end of the session, we shall be able to present a record of acts which will reflecť credit upon ourselves and promote the well-being of this great and growing State.

On motion of Mr. Sessions, Resolved, That the House now proceed to choose a Clerk, that the list of members be called, and that each member, as his name is called, rise in his place and openly nominate the person whom he desires for Clerk, which was adopted.

The Clerk then proceeded to call the list of members, and they rose in their seats and nominated as follows:

FOR RICHARD U. SHERMAN,
Harpar

Lozier
Angel
Bailey
Conkling

May

Sharp
Holdridge
Hoyle

McMurray Speaker
R. J.Baldwin Cumming Hull

Stephens
Dewey Mat. Hutchinson Monfort

Thorn
A. A. Dunlop
Edwards

Palmer

Adams

Chesebro'
Cook

Scott
Sessions

Martin

Harris
Hatch

McGraw

Sill

Baker
Backus

Cost
Crocheron

Mitchell

S. Baldwin
Barrow
Bennett

Mos. Hutchinson Nelson
Jenkins

Townsend
Unda

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Mr. Speaker thereupon declared Richard U. Sherman duly elected Clerk of this House.

Mr. Sherman appeared and took the constitutional oath of office, and entered upon the discharge of his duties.

On motion of Mr. Benedict, Resolved, That the rules of the last House be adopted as the rules of this, until otherwise ordered, provided there shall be a committee of five appointed to revise them, which committee shall have power to report at any time, and their report shall be acted on by the House until approved of, to the exclusion of other -business, anything in any temporary rules to the contrary notwithstanding

On motion of Mr. Benedict, Resolved, That the clergymen of the various denominations in the city of Albany be requested to open the daily sittings of the House with prayer.

On motion of Mr. Clinton, Resolved, That the thanks of this House be, and they are hereby, presented to John S. Nafew, late Clerk of the Assembly, for the very able, courteous and impartial manner in which he has discharged his duties at the opening of the present session. And that in retiring from his official duties, he carries with him our best wishes for his future success and welfare,

Mr. R. J. Baldwin offered, for the consideration of the House, a resolution in the words foļlowing, to wit:

Resolved, That Silas D. Nichols, of Chenango, be and he is hereby appointed sergeant-at-arms of the Assembly.

Mr. Clinton moved to amend hy substituting the name of Curtis Barnes for Silas D. Nichols.

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Mr. Hall moved, an amendment to the amendment, by substituting the name of John F. Phelps for Silas D. Nichols.

Mr. Speaker put the question whether the House would agree to the said motion of Mr. Hall, and it was determined in the neg. ative.

Mr. Speaker put the question whether the House would agree to the said motion of Mr. Clinton, and it was determined in the negative.

Mr. Speaker then put the question whether the House would agree to the said resolution, and it was determined in the affirmatire.

Mr. Littlejohn offered, for the consideration of the House, a resolution in the words following, to wit:

Resolved, That John Davis, of Otsego, be appointed door. keeper.

Mr. Aitkin moved to amend by substituting the name of Ward Thompson for John Davis.

Mr. Speaker put the question whether the House would agree to the said motion of Mr. Aitkin, and it was determined in the negative.

Mr. Hall moved to amend by substituting the name of George B. Wooldridge, of Sullivan

Mr. Speaker put the question whether the House would agree to the said motion of Mr. Hall, and it was determined in the negative.

Mr. Speaker then put the question whether the House would agree to the said resolution and it was determined in the affirm. ative.

Mr. Palmer offered for the consideration of the House, a resolution in the words following, to wit:

Resolved, That Byron Ellsworth be declared duly elected first assistant door-keeper.

It was moved to amend by substituting the name of Samuel Spencer, of Livingston.

Mr. Speaker put the question whether the House would agree to the said amendment, and it was determined in the negative.

It was also moved to amend by substituting the name of A. S. Brown, of Otsego.

Mr. Speaker put the question on agreeing to the amendment, and it was determined in the negative.

Mr. Speaker then put the question whether the House would agree to the said resolution, and it was determined in the affirmative.

-Mr. Sessions offered, for the consideration of the House, a resolution in the words following, to wit:

Resolved, That John Lewis, of Cattaraugus, be declared duly elected second assistant door-keeper.

Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative.

[ASSEMBLY JOURNAL.] 2

The sergeant-at-arms, door-keeper and assistant door-keeper elect, were then sworn in by the Speaker, and entered upon the discharge of their duties.

Messrs. Robertson and Spencer, a committee from the Senate, announced that that body was now organised and ready to proceed to business.

On motion of Mr. Cumming, Resolved, That a committee of two be appointed to wait upon the Governor, and inform him that this House is now organised and ready to proceed to business. Messrs. Cumming and Odell were appointed such committee.

On motion of Mr. Peters, Resolved, That a committee of two be appointed by the Speaker to wait upon the Senate and inform that body that this House is organised and ready to proceed to business.

Messrs. Peters and Hall were appointed such committee.

Mr. Sessions offered, for the consideration of the House, a resolution in the words following, to wit:

Resolved, That the names of all the members of the House be placed upon ballots of uniform size, and so folded as to conceal the names; that these ballots be placed in a box and thoroughly shaken, and that this be done in presence of the members, under the direction of a committee appointed by the Speaker, and the Speaker shall take the box, when thus prepared, into his custody; that the members of the House be then requested to retire into the cloak-room, or without the bar, and remain there until summoned by the Sergeant-at-Arms, who shall stand at the door of the cloak-room, and immediately report to the Speaker the name of any member who shall enter the House without being thus summoned, and that the Clerk report to the Speaker when every seat in the House shall have been thus vacated ; that some person, not a member for an officer of the House, to be designated by the Speaker, then draw from the box, without looking into it, one ballot and hand the same to the Speaker, who shall examine it and hand it to the Clerk, who shall announce to the Sergeantat-Arms the name written upon it, and the Sergeant-at-Arms shall then call in the member thus designated, who shall forthwith choose a seat, and sit in it until the drawing be closed, under the penalty of forfeiting the seat; then when one seat shall have been thus chosen, and the choice announced by the member choosing to the Clerk, by the Clerk to the Sergeant-at-Arms, by the Ser geant-at-Arms to the members without the bar, and not before another ballot shall be drawn and another choice made in the manner designated above; and the same process shall be repeated until the Speaker shall announce that all the names have been drawn, or all the seats chosen, and a session be held at 3 o'clock this afternoon for such drawing.

Mr. Peters moved to amend by substituting the hour of 4 o'clock

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