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 negative.

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 affirmative.

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 affirma

tive.

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 nor 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 for 81.

Mr. Speaker put the question whether the House would agree to the said motion of Mr. Peters, 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. Peters, from the committee appointed to wait upon the Senate and inform that body that this House was organised and ready to proceed to business, reported that the committee had discharged that duty.

Mr. Cumming, from the committee to wait upon the Governor, reported that that committee had discharged the duty assigned

them.

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

To the Senate and Assembly:

You are assembled for the purpose of framing such laws às are demanded by the interests of the people of the State of New-York. The Constitution invests you with the power, and imposes upon you the duty of adopting measures to promote education, to restrain vice, to punish crime, to protect the rights of persons and property, and to advance the welfare of this great commonwealth, composed of more than three millions of citizens.

The Almighty Ruler of the Universe has during the past year signally favored our people, and bestowed upon them the blessings of health and freedom from wars or civil convulsions. The labors of the husbandman have received abundant returns: our artizans have been constantly and profitably employed: our manufacturers have successfully conducted their varied pursuits: and the commerce of our State has extended itself far beyond its former limits. May Divine wisdom so guide your counsels, that they shall tend to the advancement of religion and learning; to the promotion of liberty and order; and to the general welfare of those whom you represent. The duties which are now imposed upon you are complicated and important. There will be required on your part the exercise of firmness, wisdom and integrity, to preserve the high character heretofore held by this State, and to maintain the prosperity which now pervades every department of its social and industrial organization.

The history of New-York has been an honorable one from the earliest period. While the cilizens of other states have with pious reverence preserved the memory of the incidents of their early settlements, too little attention has been bestowed on the more varied, and in many respects more interesting immigration to the shores of the Hudson. Drawn as it was from most of the enlightened nations of Europe, it established here, at an early day, the best principles of civil and religious freedom then known to the world. From the first hour of the settlement of this State, all who desired to avail themselves of the benefits of

its fertile soil and ample territories, or of the great natural advantages of its position, were cordially welcomed, without reference to the lands of their birth or the peculiarities of their creeds. Our State has always presented the gratifying spectacle of a' prosperous and harmonious community, composed of those, or the descendants of those, who came from hostile lands, where national distinctions or differences of faith were regarded as sufficient grounds for continued warfare or religious persecution; but who have learned under our free and beneficent institutions, the advantages of toleration, and the unworthiness of national or sectarian prejudices.

Not only were different portions of New-York originally settled by emigrants from the several countries of Europe, but the representatives of every European people are now scattered broadcast over our whole State. There is no civilized language which is not used at the fireside of some of our citizens, or which is not, on each returning Sabbath, poured forth in prayer and thanksgiving to the God of all nations and of all climes. When we cease to feel a just pride in our freedom from national prejudices or religious bigotry, we shall show to the world that we are less wise, humane, and tolerant, than those who, two hundred years since, first established here the institutions of religion and laws. The prosperity and greatness of New-York are the results of labor, skill, intelligence, and civilization dawn from the most diversified sources, as its population is composed of those of the most varied nationality and lineage.

During the period of our connection with Great Britain the provincial assemblies of New-York were the first to assert the great principles of popular rights, and of civil liberty, in constant and steady resistance to the efforts of the colonial governments to establish and extend the pretended prerogatives of the crown. The rights of the people were clearly asserted and boldly maintained; and when the period of the revolution arrived our citizens were prepared to defend their liberties, not from the influence of passion or excitement, but because they clearly understood and appreciated the nature and consequences of threatened enroachments.

Throughout the revolutionary struggle our territories were the scenes of its most important events. New-York was assailed by all the varied forms of warfare under the control of the British government, which attacked our commerce and seaports with its fleets and invaded the northern section of our State with its disciplined armies, while its savage allies desolated our frontier settlements with the torch and the tomahawk.

It is remarkable that our public spirit has not yet prompted us to follow the example of other states in commemorating by suitable memorials and monuments, the services and sacrifices of our forefathers, or in exciting the patriotism of our citizens and of a distant posterity, by reminding them that our own territories

have been the scenes of events of such deep interest and national importance.

The first Constitution of this State, adopted before our national independence had been successfully asserted, evinces in every provision how thoroughly our citizens at that day understood their personal, civil and constitutional rights. To the statesmanship of New-York is the nation largely indebted for the essential provisions and wise restrictions of power contained in the amendments to the Constitution of the United States. When the history of our State shall be faithfully written, and the importance of the occurrences which mark its progress shall have been tested by time New-York will be found to have occupied a more important position than has been claimed by its sons, or accorded by the citizens of other States.

Though the war of the revolution allowed to our people but little leisure during its progress to improve the jurisprudence of the State, primogeniture and entails were extinguished-military tenures were abolished-the right of petition was firmly secured and the great principles of civil liberty were relieved from the restraints which a monarchical government had imposed. When peace permitted the full extension of the republican principle, and our statesmen and jurists assembled in the majesty of their representative character, the improvement of our jurisprudence advanced with a rapidity unequalled by any of the States. Our judiciary, who have ever been distinguishedfor their learn. ing, their probity, and their capacity, joined fully and warmly the legislative councils in adapting our laws to our condition. Imbued with the same spirit, they expounded the statutes and moulded the principles of the common law so as to give the utmost expansion to justice and liberty.

The great work of reconstructing the whole body of statutory laws, of condensing, simplifying and reducing them to a system, originated in this State; and its successful completion received the applause of the most distinguished statesmen of other countries. It is justly regarded as a monument of labor and ability, and has rendered an important service to the mass of our people by making our laws more accessible and familiar.

Our State was the first to establish a permanent and comprehensive system of popular education. It has been foremost in the works of internal improvement designed to facilitate commerce and intercommunication and to advance the wealth and prosperity of our people. The first steamboat was launched upon its waters-the first canal of any extent upon this continent was excavated upon its soil, and united the vast inland seas of our country with the Atlantic ocean. Long lines of railroads thread our vallies, overcome rocky barriers, and extend the advantages of commercial intercourse to the most secluded recesses of our land. The successful achievements of our State heretofore, and the prosperity which it now enjoys, are attributable not only to the