The New York Herald Newspaper, April 15, 1853, Page 1

THE NEW YORK HERALD. © WHOLE NO. 7419. AN NAAN ‘OTICE.—THE EPISCOPAL CHURCH OF THE GOOD Ralph H |, Rev. Pastor, he suviee, onand after Sunday xb, at 63 Gast omer ng ware es +» & diamond cluster pin, w ‘finder will receive th by I it Brosdway, foriir. Chantran. '"*"! *Y'° REWARD.—LOST, ON THE ATH ULTIMO, A 10 large sized setter dog, yellow and white. A: ny per- $) peumeallg said dog to No. 33 Market stroet, will receive above. O8T—ON amelled pitoher attach stage, and thence to ler will be lib NEY’S, 251 Broad: OST.—AN OPERA GLASS WAS LEFT IN THE CA- bin of the Williamsburg ferry boat Onalaska on Wod- Resday night, 15th inat. The finder will receive $2 reward dy leaving it at No, 50 First street, Williamsburg. OST—AT OR NEAR CLARKSVILLE, TENNESSEE, ‘s note for five thousand dollars, drawn by Aloxander B. Barrett, dated Henderson, Ky., 2ist March, 1853, payab four months after date to the order of Hugh'Dunlop, at tl counting house of Wilbur & Soot, New York. Itis endorsed in blank by Hugh Dunlop and James L. Glenn. The publio cautioned against negotiating said note. Any informa- Gion‘londing to'its recovery will be thankfully recolved. by. Howitt, Leos & Co., New York, or James L. Glenn, Clarks- ville, Tenn. O8T—A BANK BOOK, WITH THE MANHATTAN Compang.—Tho finder will receive the thanks of the Owner, and ono dollar reward, by returning it to No. IL Nassau street, seoond story. O8T—ON WEDNESDAY, THE 13TH INST., A BUFF- colored torrior slut, black snout and oyes, tail mid- Gling rhott; answers the name of Jenny. Had At the time ® loather collar around its neck, Any peraon returning Willbe suitably rewarded. F THE MANHATTAN SAVINGS 2.279. Any person who will bring said No. 18 Sixth avenue, corner of Amity street, warded. HN. PETERS. WEDNESDAY, APRIL 13, A GOLD EN- lady's wateh, with chain, key, pencil, in going op Broadway in a Fourt feving placo, through Bizhtoonth atre ally rewarded, by leaving it at TE: FS OLIAN PIANOS.—RE} in pianos and melodeons. Zalled popularity and incres Co.'s celebrated pianos with fabsoriber has removed to the largo and spacious roo: 888 Broadway, corner of Anthony street, whore he offe fino assortment of superior pianos, at prices to defy com mn. Second-hand pianos at $35, $85, $98, $10), $110, EN 10. “Smiths, Carhart’s, Pringe & Cos, Garda Tobin's metedeons, priven85, $45, $25 75, $35, $10) 110 and $160. Boidoir pianos at low prices,” Socond’ han Reolian pianos for male onto let.” A’fow plaaos and smolode ayments taken, ons for vale, and mene SPACE WATERS, 983 Broadway NY ONE HAVING 4 SECOND HAND PIANO, AND ‘wishing to soll the same cheap, may address aletter, Postpaid, to B, 465 Twelfth street, desccibing the instrument, Stating price, and where it can be seen. ; IN, PROFESSOk OF VOCAL MUSIC, Mint ‘English, sacred and seonlar, has doolded to devote s few hours each day for the instruction of you Jadies in private, er those intended for the stage or concer zoom. Mes, Seguin. will be hapoy to give aif Ptzrmation ‘terms; tplans, &o., sb her Whi Fhrevks nose Browd IANOS.—GREAT BARGAINS, IN CONSEQUENCE of having to remove. Tho advertiser offors somo splen- pianos, at greatly reduved prices, for brillisncy of tone sad finish unsurpassod, and warranted in every rospoet. Frrehasors would do well to osll gud examine, at the f00- tory, oonter , betweon Princo and Houston. uke CHARLES CARR. TPO, PIANO MAKERS. WANTED, A PIANO, IN A boar hhool for boys in the country, where the Souoten at boy” would ‘te given in payment.” Address Behool, Herald o INSTRUCTION. YOUNG FRENCH LADY, FULLY COMPETENT FOR ‘wishes to give Pronch lessons in somo rospec- ‘or select schools. ‘Terms moderate. Address office. DUCATION.—THE ADV: ‘all boys into his family, aducate them at home, with bi TISER TAKES FOUR nd makes it Nfs business to a t As there mit Bor iy , it is now a suita} ime for parents who wi £3 Since dom in tho couutry, cader home inducuces, aud Paral and physical training, Judiatously fiarted te the , @ 8) ication. ‘erm 5 saat rained to bos Mo Post Office, Martford, Ct., will be forwarded. cas RENCH AND GERMAN LANGUAGE.—PLEASE AP- Ply by letier, No. 460 Hudson street. HE GUITAR TAUGHT IN SIX LESSONS.—MR. AND ‘Mrs. ard Barton, professors of singing, guitar, <Pianoforte, and the extraordinary novel instrament, the concertina, hex to announco that they continue to give in- Struction ‘at their residence, 16 Park plaos, whero thelr ‘terms can be ascertained. Instruments for salo or hire. ROFESSOR DEMPSEY GIVES LESSONS ON THE Pronunciation and delivery of tho English language, ‘Professor D. ean use the French, Latin, Italian, or Spanis ass medium of conveying his instruetion. Tho noes Terms, $10 and $16. tin, Greek ai . Dempsey, 135 Fourth avenue. RIVATE INSTRUCTION GIVEN, for hoard, by & Geri tem i ost «Feferonce th gual C LORY progress. Sites Wars. Ucketicuies 4 lai Ge ociedeer cr hhiesinger & Andresen, 52 Boaver streot. very best French, ‘Address jiven. NN EXCHANGE b: having tho best of PANISH LANGUAGE.—A SPANISH GENTLEMAN, favorably known in this city saa teacher of his native age, willimpart instruction in the samo to ladies and gentlemen, at his office, or in any part of the city, and will also make translations with corre. and propriety. Ap- ira. - ply at 629 Broadway, reom No. 16, up stairs. HIS MONTH ONLY.—THE LAST OPPORTUNITY Of loarning to write of the subscriber for five dollars. Terme—Five dollars for ton toasons; or ten dollars for twen- ty-five lossons, including ststiouery, payable on subscrib- ing. Open daily frem 9-4.M, to 9 P.M evening. oy excepting Saturday lass nt 424 o'clock P.M. Gentlemon’s nd 8 o'clock P. ily, oxeeptin, arlors for private instruction, whic! iting the convenienge of the pupils. Terms, yf sale—Goldsmith’s System of Penmanship, an eleg: with ample i tion. Price 25 conte copy. or tive copics for one doilsr. Gold pens, of the Frost Baish, selected by OLIVER B. GOLDSMITH, 239 Broadway. HE MISSES BUSTEED HAVE TAKEN A LARGE and commodiows house in tho pleasant and hoalthy Reighborhood of Carmansville, to which place they have ro- moved their school for young ladies. A solect niffnber of Doardng scholars only admitted. A fow boys will be take: wndelten years of age. Summer term opens May Lat, 1853. Application may be made for terms to George W. Busteed, hird avenue; Kichard Bustecd, 45 William yy. Dr. Sandford, White Pi: Ladies’ cl AM, nt cop! Btreot, and the HORSES, CARHIAGES, die, ARRIAGE WANTE: ANTED TO PURCHASE, A Rockaway carriage, but little worn and in good order, guitable for one or two horses. Apply to M. F. Wood, 1st Broadway, up stairs. ALE—A YO GRAY MARE, VERY FAST : gre as Lady Teazio. Inquire of GILLESPIE CARLISLE, 126 East Broadway. R SALE—A BAY ABDALLAM COLT, SIXTEEN ds high, six years old, warranted sound and kind in all 088; Also,’ bay horre, 1534 hands high, one of the Dest, and in every way the most useful horeo in the country, ‘warranted in every partioular. Both of the above horses blo for s gontioman’s use, Can be seen at the kept by C. Corson. R SALE—A FIRST-RATE WORSE, WITH CART, harness, kc. Apply at the lumber yard, 641 Wator Lin 2 ae pices eisai FOR SALE-A BRIGHT BAY HORSE, i514 HANDS bigh, pony built, isa very stylish and beautiful road- ter, kind ar dingle and double harness. Can trot in three minutes to a wagon on the road, is a eplendid double horse, Fras belonged to ite Present owner for three Deon Kept for his private use only. Is now een: owner has no further use for him. Can bo seen at 22 R street. Fa SALE—A BAY HORSE, SIX YEARS OLD, 163g hands high, warranted sound and kind in all harness. F any gentloman’s use, or would make Apply for two days, at PATRICK it, between 11 and 3 o'clock. A DAPPLE GRAY HORSE, 15 HANDS igh, seven yours oid, a fast traveller, and warranted wound. ‘Apply to Dr. ANDREWS, 1/) Madison stro! the livery stable, No. & Monroe street. (OR SALE—A FINE YOUNG HORSE, FIVE YEARS Fold, sound and kind in harness, travels fast, and will be Sold cheap to closo m conscrn. /Also, two lizht wagons, ene with .top, cheap for onsii; aldo, harness cheap and nearly new. Apply to J. i. COCHRAN, 86 Seventh #1 of First avenue, z « FOR SALE.—A PAIR OF SPANISH PONIES, 12 HANDS , Well breko and fast travellers. with wi rnoss completo, Also, four second- “ BeM Frocers wagon built to orde orses and harness, with work of i first class hotel. oonel nt wagons to let. Can seon at : STONE. & BELLOWS’, 120 Duai OR SALE CHEAP—A COACH ROCKAWAY, BUT little used; will be sold at n bargain, as tho owner is About to loave the city. Inqnire at BEARDSLEY'S old Stand, 82 Canal strect, near Broadway. oe OR SALE—A WHITE IHIORSE, high, seven years old, sound and kind. A froo and tylish driver. A hoautiful family horse. be the ‘Metro; jan Stables, coruer of Prince and OR SALE—A SPLENDID PAIR OF CARRIAGE horses and caleche; the horses are very strong, and the ant one, made by Wood ‘& Tomlinson—as WILSON & BROTHER, Tenth ly to yet of Drona CARRIAGE AND TWO SETS 0 & single set; lady's aaddlo and te all in good eondition, and will Apsly “at 47 Columbie streot, &e. The above be sold at private sale, Brooklyn. ORSE COVERS—PRICE $3.—THE BEST AND MOST durable article over boture offered for sale by thé man- nfacturors, ROGERS & WYCKOFF, 23 Cortlandt stroot, successors to H. H. Day. ‘ORSE FOR SALE.—A BROWN HORSE, FIVE YRARS old, fifteon and half bands hich, warranted ‘and kind in all harnose. Can bo seon at tie feod etore, corner of Seventh avenucand Groenwieh lane, from 7 to 9'o'olock A. and 4to6 P.M. Also to be soon'at the corner of Vestry Wert streets, TRW YORK HORSE BAZAAR, 31 CROSRY STRERT. —Wiil be sold at public auction on Monday, April Ii), 9 ok and wt, ret or4e, the broperty of Charies Woid- ax, of Sackett’s Harbor, to pay a bill of kooping, bis VOUN ML. GATFIELD, MORNING EDITION---FRIDAY, APRIL 15, 1853. PRICE TWO CENTS. TREMENDOUS UPROAR IN ALBANY, THE EXTRA SESSION OF THE LEGISLATURE, MESSAGE OF THE GOVERNOR. THE OPENING PROCEEDINGS. Question of Constitutionality in the Assembly. SCENE OF CONFUSION AND EXCITEMENT A MEMBER ARRESTED, &., &., ke. . TELEGRAPHIC. THE EXCITEMENT IN THE LEGISLATURE—QUESTION AS TO THE CONSTITUTIONALITY OF THE EXTRA SESSION—AN ASSEMBLYMAN PLACED UNDER AR- REST—HAND CLAPPING, ETC. SPECIAL CORRESPONDENCE OF THE NEW YORK HERALD. ‘Aunayy, April 14, 1853. ‘The most unparalleled discord prevailed in the!Assembly this morning. At ten o’clock the Speaker called the body toorder, when Mr. Loomis, (dem.) of Herkimer, offered resolutions appointing committees to inform the Governor and Senate that the House was ready to proceed to busi- ness. Upon this, several members sprang to their feet; con- fusion commenced, and great opposition was made to en- tering upon any business. It was contended that the Legislature was illegally convened, because some members who are absent know nothing of the special session. : the debate continued with much warmth, personality, ‘aud unprecedented vindictiveness. Mr. Shaw, (dem.) of New York, rose and commenced a speech. He did not recognise this body as a House of Assembly, and considered all proceedings were illegal and improper. At this Mr. Burroughs, (ind. dem,) of Orleans, became highly elated, and so far forgot legislative decorum as to clap his hands in approval, The Speaker inquired whether Mr. Burroughs was guilty of such indiscretion? He repeated the inquiry several times, but no response was made. The remarks of Mr. Shaw were se unpalatable that he was choked down and not allowed to proceed. Mr. Holley, (whig) of Niagara, also regarded the pre- sent action as illegal. He did not consider the House constitutionally convened. He believed all the proceed- ings to be out of order, because there were no rules adopted for ita government, He sent up a protest, as a citizen, which he desired to be entered upon the journal. The Speaker read a few words of the protest, until ho came to citizen Holley, when he pronounced it out of order, and would allow no further reading. Mr. Holley then threw off his overcoat, and declared, with much emphasis, thumping his desk with his fist, that bis protest should be entered, and he would be heard unless prevented by physical force. The Speaker tcld him peremptorily to take his seat. Mr. Holley refused, and various members desiring to speak, rose to their feet. ‘The excitement now raged at the highest pitch. The Speaker announced the fact to the House that Mr. Holley refused to sit down, and asked the House what courte should be pursued. . A member moved that the Speaker direct the Sergeant- at-Arms to take Mr. Holley from the floor. One or two members called for the yeas and nays, but they were not taken. The resolution to eject Mr. Holley was adopted, and he was taken from the floor. During this proceeding, the lobbies, galleries, and ave- ues, were crowded to suffocation. The disorder, confu- sion.and excitement which prevailed at this instant, were searcely ever exceeded in Any parliamentary body. It was certainty dirgraceful, which all will acknowledge. The mossage of the Governor was then read, after which Mr. Holley was released from custody by unanimous con- sent. A resolution declaring it proper to proceed ia regular business manner, as if no adjournment had taken place, preduced further scenes of sharp debate in both houses. The House adopted a joint resolution to take a recess from to-morrow, until the 18th inst. Tho Senate took it under consideration, and a warm contest. and protracted debate ensued. Some thought all the business could be finished in three days. Others thought it would take twenty days. Finally, the question was taken and the resolution from the House was rejected by a large vote. There was a boisterous session in the House. Several members desired leave of absence, and the hall became nearly deserted. A call of the House was made, and members and others rushed in from every direction. ‘The House finally adjourned in high anticipation of a recess. But the good sense of the Senate prevailed, and the extra session will fairly commence to-morro1 probably continue for two cr three weeks, NEW YORK LEGISLATURE. EXTRA SESSION. Senate. ALBANY, April 14, 1853. THY OPENING—THE MANNER OF TRANSACTING BUSINESS, ETC. Prayer by the Rey. Mr. White. At twenty minutes past ten, the Clerk called the roll of Senators, after which the proclamation of the Governor, convening the extra session, was read. Mr. Coorzy, (dem.), moved the appointment of a com- mittee to wait on the Governor, to inferm him that the Senate was convened and ready to proceed to business, which was adopted, and Senators Cooley and Monroe were appointed such committee. Sevators McMurray and Clark were appointed a similar committee to inform the Assembly. Mr. Prexce, (dem.), moved the adoption of the rules of the last session for the government of this, Mr. Bancock, (dem.), méved the reference of the rules to a select committee to revise. Mr. Prence hoped not. The adoption of the orders would be found most convenient. The rules were temporarily adopted, pending a revisal by a committee, Mr. Coxcrr (dem.) offered a resclution providing fora re- sumption of the business, as though the adjournment of yesterday bad been a usual one, and forbidding the in- troduction of any new measure. ‘The Presipent decided no business in order till the As- sembly-—— Mr. McMurray (dem.) reported that his committee had discharged the duty of informing the Assembly of the or- ganization. Mr. Cooxry reported from the Governor committee. Mr. Warp (whig) took the opportunity to correct newspaper report of his opinions as to the power of the Senate in Executive session. o The Senate sat idle until half past eleven. Mr. Uriam moved a recess to half-past twelve. ‘The PRESIDENT suggested that the House would, in all probability, soon be ready to announce its organi- ation. ‘The motion for a recess was withdrawn. At 12, Mr. Perens and Mr. Surrm, a committee of the Assembly, announced the organization of the Assembly. ‘The Clerk then read the following :— MESSAGE OF THE GOVERNOR. State or New Yor«, Execurive Derartwent, ‘Atnany, April 14, 1883. To THE SENATE AND ASSEMBLY :— The Constitution makes it the Kis of the Governor to convene the Legislature on extraordinary occasions. The Legislature having adjourned without providing for the preservation of the public faith, and having failed to pass the laws essential to the public welfare, I have deemed it my duty to exercise the power entrusted tome by the Constitution, and convene you at the earliest practicable period. The continuance of the session fora few days, while important subjects of legislation are yet familiar to you, willenable you to perfect measures demanded by the publie good. No appropriations have been made for many of the ox- penses of government, and for the support of many of the charitable institutions of the State. The failure to pass the annual tax bill for the city of New York, will not only embarrass the government of that city, but will pro- bably prevent the payment of its contribution to the eom- monrschool revefues, This will cause great embarrass. ment and distress among the teachers who are dependent upon these revenues for their support. Immediately before the adjournment of yosterday, grave charges were preferred by a committee of the Ax- sembly against one of the Canal Commissioners. It is due to the officer thus accused, that prompt action should be bad upon a subject so deeply alfecting his character and honor, as well as the interests af the State, It would be an act of injustice to compel him to rest under the imputations contained in this report until the meeting of the noxt Legislature, without nT him an opportunity to vindicate his honor, by # f ‘and fair in- esigation, } of lit No appropriations have been made for the payment of the interest on the canal debt. A failare to meet the en- gagements of the State, would be a just cause for morti- fication to all of our citizens. It rests with the legisla- tive branch of our government to save our State from the dircredit of failing to provide for the prompt payment of its obligations. It appears from the rey of the Comptreiler that the revenues of the General Fund are insufficient to meet the ordinsry demands upon the Treasury. isiom should at once be made to pay the expenses of govern- ment. Although the subject of our internal improversents has occupied the attention of the public, and engrossed much of the time of the Legislature, the’ usual provision has not been made for keeping onr canals in repair, or for paying the expense of their superintendence, nor has any appropriation been made of their surplus revenues for the roseeution of the work on the Erie Canal Enlargement, enesee Valley and Black River canals. [I have heretofore deemed it my duty to eall the atten- tion of the Legislature to the necessity of making imme: diato appropriations to secure some essential improve- ments of the Erie and Oswego canals. The commerce of these canals will be seriousiy embarrassed, if not disas- trourly obstructed, unless the improvement su; in my annual meseage, and recommended by the State En- gineer in his report to the Legislature, are made at the earliest practicable period. Unless’ the channels of there canals are immediately improved, so as to admit of the use of e1 ts, there is cause to apprehend that business will be diverted frem them for the*want of sufficient means of transportation. As it appears that an appropriation of less than $600,000 will nearly double the capacity of these canals, it is probable that a delay for the prevent season to make provisions for thia work, will inflict upon the interest of the State and its citizens an amount of pecuniary injury equal to the cost of the improvements contemplated. If these improvements are made, they will in no conflict with the proposed enlargement of these canals. On the contrary, thay will hasten the result by increasing our domestic commerce, cheapening transportation, and aug- menting the revenues of our public works. Tfeel that great injustice will be done to our citizens living slong. the line of the unfinished Genesee Valle; id Black River canals unless some immediate appropri- is made towards their completion. *The expenditure of $75,000 will connect the Black River canal with the Black river at High Falls, and enable the inhabitants along fifty-four miles of that river and its tributaries to ue it for the purpose of transporting their lumber and other products to market. The sum of $150,000 expendea up‘n the Genesee Valley canal will give to the inhabi- tants living between its present terminus and Olean the use of that work for considerable portions of the year. It is unjust to the inhabitants of those regions, Seonehorek have been so leng delayed, to withhold or postpone the smaall appropriations which would be of such essential benetit to them, and would be so speedily refunded by the contributions they would bring to our canal revenues. It cannot be doubted that the people of the State have relied with confidence upon the’ present Legislature to make provision for such improvements upon the Erie and lateral canals as the necessities of the present reason do- mand, and to prevent an entire suspension of the public works. ‘The Legislature has failed tomake any provision for the continued proreeution and completion of our un- finished canals. I still entertain the epinion I have here- tofore expressed, that the honor and interests of the State of Now York require the completion of the Erie ca- nal ement. I also think the Oswego and the Cay- uga and Seneca canals should be increased to the same proposed dimensions of seven feet depth and seventy fect width. Lhave heretofore recommended that an annual appropriation of at least one million of dollars should be secured by one of the modes suggested by me, at the commencement of the annual session, for the purpose of effecting these objects, I suggested 'a moderate annual appropriation, because past experience and the history ofour canals, show that the eflicieney of appropriations depends less upon their amount than upon the wisdom, economy and fidelity with which they are applied. Although the Legislature, by prolonged discussion and propored measures, have recognized the im, completing our unfinished works, no plan has been adopt- ed for their continued prosecution. Different propositions have been made to raise the necessary funds, by taxation and by amendments of the constituton. Two proposed amendments to that instrument have been discussed. They differ as to the amounts to be borrowed in each year, the total amount of debt to be created, and the mode. of repayment of the money borrowed. One proposes to borrow two and a half millions in each year, in addition to the surplus revenues, which would swell the annual expenditures to more than $3.000,000¢ and authorize an aggregate increase of the indebtedness of the State to an amount of $10,500,000. The other plan Proposes to borrow annually, for six sucsessive years, a sum which, with the surplus revenues, would amount’ to $1,500,600, and would probably create an aggregate in- debtedness of $5,000,000, if tke proposed improvements are made. The latter also distinctly guards agains the applica tion of moneys to be borrowed upon the contracts made under the canal law of 1851, audis thus disconne sted from the pecuniary “expectations of any class of citizens. The deep feeling exeited in the public mind by the ca- nal lettings under the law of 1851, has crested a strong opposition to anyjamendment of the financial provisions of the constitution, and the differences of opinion in relation to them have obstructed legislatinn and pre vented the passage of Jaws demanded by the interests of our public works. ‘As the amendment to the constitution proposed in the Assembly forbids that any money borrowed should be applied to these contracts, and directs that the work to be done shall be re let. and awarded to the lowest bidder, it will be received with more favor by the people of the State, as it is not open to the suspicion of being designed to edvanee private interests. ‘The amendment ulso conforms to a suggestion made by me at the commencement of the session, that— If any amendment of the constitution should be proposed bythe ‘Senate and Assembly, to enable the Lezisiature to borrow money to complete our canals, in the manner sug- gested, itshould conform in all respects to the provisions of the constitution in relation to tho payment of existing in- debtedness, by requiring the creation of » sinking fund to pay the interest and redeem the principal of any such debt within eighteen years from the time of its creation; and if the surplus tollé should be insnfticient for the purpose, that the Legislature shall provide for any deficioncy by equitable axe, In my opinion, the amendment proposed in the Assem- bly is but calculated to harmonize the contlicting views entertained with regard to the proper mode of securing the completion of our public works, and I commend it to your favorable consideration, As the measures for the immediate improvements do. smanded by the creditors of our public works, and those which are designed for their completion, are independent and in no degree in conflict with each other, the adoption of one should not be required.as a condition to the passage of the other. For the reasons heretofore stated. I have deemed it my duty te prclong this session of the Legislature. A few days devoted at this time to the perfection of theimportant measures referred to, will not only pre vent great injury tothe public honor and interest, but will also save thé necessity of 4 renewed examination and discussion at a future day. HORATIO SEYMOUR, No remarks wore mace at the close of the reading of the Message. tance of = THE ORDER OF BUSINESS. Mr. Conger's, resolution respecting the condition of the yegislative business came up. Mr. Coorgy deemed it liable to one great objection. This, beyond peradventure, is a new and distinct session, having no connection whatever with the former one. Much of the businessjonce sought tobe hustled through, was matured without due deliberation, never having been taken up in Commmittee of Whole, or properly considered. The committee of eight having expedited it to select com- mittees composed of those friendly. Such is the state of nineteen-twentieths of the business. Is this legislation? Is this giving to the business of th3 State a proper scru- tiny? Mr. Vax Scnooxnovey (whig) thought the resolution did not refer to the old business. ‘The resolution was read. Mr. VAN Schoonnoven thought we had better take up the old business, Mr. Coorxy understood the force of the resolutions to be to take 7 the business just where it was left at four o’clock, as if no adjournment had taken place. Mr. C. then continued in a review of the haste which had cha- racterized the proceedings of the Legislature, alludin, especially to the bill amending tho emigration law—a bili unjustified by any principles of justice, and one fraught with vast mischief—a bill passed at midnight, without due deliberation. Mr. C. ended by protesting against the resolution as unadvisable and unconstitutional. Mr. Concer intended no hasty or ill-advised action by his resolution, but to allow the due and immediate con- sideration ef the business left unfinished. Mr. Van Scnoonnoven suggested an amendment, de- fining the resolution to apply to the unfinished business, Mr. Pierce proposed to amend the resolution by speci- fying it to intend the unfinished business. Mr. Coxnxut (dem )@uggested that it should also in clude a determination not to take up any new laws. Mr. Wap presumed this resolution was decreed by log- rolling, but he considered it a t: ical resolution, and ‘a flagrant violation of the constitution, A it harvest ‘tion would arise from it. A law, the certificate on which should state that it passed the House at one session, and the Senate at the other, would lead to grave questions, He feared the result would lead to great evil in the legislation which should be made, Ina govern- ment formed like ours, of checks and balances, no bill sbould be passed which will not abide the scrutiny of calm examination. ‘This resolution scema as if it was a carte tlanche to legislation—that whatever had passed one House must necessarily receive the sanction of an- other. He could not vote to clothe legislation with the akg sought to be conferred by this extraordinary reso- lution. Mr. Concrr—This is the Legislature of 1858. The eon- stitution requires the concurrence of both branches. The Legislature properly convened during its term acts on the da In 1837 Congress held three sessions—one of which was convened at the talLof the President. It continued its business, and treated its session as entire, broken only by a recess. Our constitution, in its provision concerning the Treasurer, plainly contemplates that when the Legis. lature is convened {t is in session—at all other times du- ring the year it ix in recess. dir. Taver (whig)—If we can avoid taking the time to do over again all our winter's work it should be done, The object of the resolution is to save the needless repeti- tion of the work. Our rules are a question with which no judicial tribunal can interfere. ‘The object is a good one. It is to save the people from paying the Legislature twice. Now, can this be done? He pointed to the practice of Congress. A bill passes the Sen te in the long session of 1861. It reaches the House of Representatives, but is not reached in their order of business tia the short session of 1862. Then it is passed into a law. Nobody ever doubt: ed bys that such law was duly and eruly passed, Mr. Cootzr indicated his right to com of the pas- sage of the t bill on Tuesday night Alone af he was, he was in defence of the best interests of the constit wi he represented. Pe Bt Mg rel, aie neninenh providing for the e and then for a recess till the month of June, The act on their business as power of the Legislat Engagemen: made, in view of the close of the Fi eagtomy whieh render ft necessary for this recess 0 m. The debate was continued by Mr. Brustot, Mr. Pmkce and Mr. CORNELL. lig Mr. Van Schoonnoven alluded te the penéing charges against Canal Commissioner Mather ax a subject demand- ing the careful action of the jure. And then, the question coming on’ Mr. Brisrot’s propo- sition for a recess, it was lost, by 7 te 21, as annexed :— Aves—Mesees, B: ley, Kirby, McElwain, Otis, AvS—Mestrs. Babcock, Bartlett, Beekman, Bennett Clark, Sener (ret a ay hag ir, Sones Mersey; ee. 5 romb, ree, Platt, h h a » LiF ham, Vanderbilt, ‘Williams—20 ” cir hale fe question coming up on the resolution to take up the business where it was left, was adopted by 25 to 4, as fol- ows -— Aves—Mesers. Babcock, Bartl Conger, Cornell, Dayonport, Jone: a /Elwain, Mc- pierre, ann am Munroe, owen ib, one Pierce, Piatt, 2," Smith, 4 5 wi mith, Sno f, Upham, Van Schoonhovon, rere w 4 oe cone perma re ir. whig) pro} a resolution that no new business shall he acted upon. hes Mr. Vanpexoict (dem.) suggested except in cases grow- ing ont of or affecting measures now Before the Eogis. ure, », Mr. Bancock—Oh, that is entirely too comprehensive. He then proceeded to advocate his resolution, 64 He looked upon an extra session asa great public evil He had seen one, and had no desire to see another. Mr. Cooter suggested that the resolution should be made applicable to Buffalo. That has received ita full attention during the winter—doubtless none more than it deserves. One single bill, eighty four pages, was lugged in, being the city charter. For Buffulo it was the great- ont meawure of the session. It was called the Buifalo Platform, and he wished there never had been any other. But Buffalo had done its part in passing a ve bad law, which most materially aifected the interests of his con- stituency, and those constituents, whose rights have been taken, will desire to be heard. Mr. Van Scuoosnoven did not believe in of fettering the public business. The Senate can judge correctly in each instance an it is presented, The Assembly resolution, relative to taking up the bual- ness where it was left, was here announced. Mr. Van ScHoonHovEN—That suits me exactly, Mr. Taner moved a coneurrence; and, without dissent- the Senate concurred, ir. MORGAN (whig) moved ass substitute—moasures not petitioned for at the late session, or which were not presented or notice thereof given, shall not be consideret at this session. Mr. Connm1 moved to strike out the words ‘measures not petitioned for.”’ hag the debate, the Senate took a recess to 4 o’elock. Bennott, Bristol, Cl Kirby. Meliiwaine Me: Ww, the necessity AFTERNOON SESSION. 4he revolution restricting the work of the Senate to new business waa laid on the table, NEW YORK MUNICIPAL ABUSES. Mr. Morcan presented a petition of George Griswold, Walter R. Jones, and others, of New York, for a seleet committee to investigate the abuses of the New York city government, Mr. BexkMAn presented one of Peter Cooper and others, for the same. FIFTEEN MINUTE RUEE, ETC. Mr. Bancocx, from the Select Committee, reported rerolution restricting Senators, in debate, to fifteen min. utes, which was debated and adopted—23 to 6. ‘The hour of meeting was fixed for ten o’elock. 4 DAY FIXPD YOR ADJOURNMENT—NO RECKSS. ‘The recess resolution was then taken up, the question being on Mr. Cornell’s amendment to limit the next ses- sion to fifteen ws Mr. Bancock desired to obviate the unmitigated evil of an extra session. He moved that the adjournment of the Legislature should take place on the 31st of May. [at this moment, from come cause, there was a tre- mendous rush of the audience, who ereated great confu- sion. Somebody said the:e was fire.] Mr. Coorry—'There is no fire. They aro only calling the House. ‘hey usually bave two or three rows there every any. They are arresting somebody. t last the question-was reached, and Mr. Babcock’s amendment prevailed, oF ayes 15, nays 14. ‘Mr. Jonzs was opposed to any recess, and then tho Se- nate refused to concur with the Assembly, as follows :— Ayes 6, nays 23. Mr. VANDERBILT moved to take a recess till 8 o'clock, then to consider the Tax and Toil bill, and the Supply bill; and the Senate took a recess to 8 O'clock. on Amembiy. Aupany, April 14, 1853, Tax opEsixc—rRavmn, Exc. At 10o0’clock the Sreaxer called the House to order, and the proclamation of the Governor, convening the extra seesion, was read by the Clerk. Prayer by the Rey. Dr. Wxcxorr. ‘THE EXCITEMENT COMMENCING. Mr. Burrovans, (ind. dem.) of Orleans—I rise toa question of privilege. Mr. Louysaury, (dem.) of Ulster—I rise to a question of privilege. The Srrakkr—The Clerk will call the roll of members. The Clerk read the list, and one hundred and fifteen members were present. MAS THE FXTRA SESSION BEEN CALLED IN A CONSTITUTIONAL MANNER. Mr. Burrovcns-—-We are here under novel circum: stances,and some might wish to know whether the present organization was properly organized, or lawfully and constitutionally convened. It was necessary to settle the latter point. Had the Legislature adjourned sine diz, it could not revive itself. It could only be re-convened by the Governor. What constitutional requirement is there on this point? This he would call on the wise members of the House to determine. He thought there was no right on the part of the Executive to call an extra session while the Legislature was already in session. The pro- clamation convening the Legislature was prepared before the adjournment. Ie can call the Legislature together on extraordinary occasions. Then what constitutes a proclumation’? The simplest process issued by the county courts must contain the official title of the officer issuing it, There is nothing in this proclamation to show that it was isaucd by tho Governor of this State. ‘There is no intimation that it was issued by the Governor ; and the fact that it was done by him xeeds tobe established by testimony. He would leave this to the House. If law- fully assembled, the House should proceed to business ; if not, let it, ax'a convention, inform the Governor of tho fact, that he may call us together in a constitutional manner. Mr. Looms, (dem,) of Herkimer, offered the following resolutions :-— Resolved, That a committee of two be appointed by tho Chair, to inform the Governor that the Assembly is con- yened pursuant to the call of the Governor, and is ready to receiv Par: communication he may be ie i to make. Resolved, That a committee of two be appointed by the Chair, to await upon the Senate, and inform that body that this House was eonvencd pursuant to the call of the Governor, and is ready to proceed to business, Mr. Loomis was about to speak, when The eee at-Arms announced a message from the Senate, an Messrs. McMurray and Crark informed tho Speaker that the Senate had assembled, and were ready to pro- ceed to business. Mr. Loomis said the constitution designated no precise formula by which the Legislature should be convened. He had done so. In pursuance of his notification we are here. The roll has been called. A quorum is present. ‘This is all that is essential. Mere technical objections, under the circumstances, were useless. In adjourning the Legislature merely adjourued without designating any day when they would assemblo gain. The Governor steps in and supplies the deficiency. He tells us today is the day, and here we are. The session is surely con- tinued and we are to go onin oxactly the same manner as though we bad adjourned to this morning, iastead of ad- journing sine die, The only difference there could be was ‘that the House was receiving pay instead of sitting with- out pay. After the liberal compensation given all the ofticers of the House, he imagined members would not mourn over this, nor feel bad, even if “constructive mileage” should be included. Allthe House had to do was to notify the Governor ‘and Senate that it was ready to_go on with business. ir. D. B, Tavtor, (dem.) of N. Y., said the teehnical objection made heré was not welltaken. No ore doubts that Goy. Seymour issued the proclamation. The printed notices received were quite as authoratative asa notice they might see in the newspapers calling an oxtra session. Mr. Saaw, (dem.) of N. ¥., hada single suggestion to make, Exception has been taken to the form of this proclamation; but it is entirely competent for the House, by the passage of the resolution before it, to supply any deficiency inform. It recognises the person as Governor who issued this proclamation. Mr. L. Oscoop, (dem.) of Chenango, moved the pre- vious question (on the adoption of the resolution). Mr. Burnovons said this was a privileged question, and the previous question could not be called. ‘The Srraxyn decided otherwise. Various gentlemen requested Mr. Osgood to withdraw the motion for the previous qutstion. Mr. Suaw.—He has no right to withdraw it; he had no right to offer it; the Speaker had no right to entertain it, Mr- Litizsony (whig), of Oswego, insisted that the House was not constitutionally convened. Mr. Hasniscs (whig), of Monroe, considered this a grave question. Thongh not entirely confident in his own views, he would state them. The accident which termi nated the session was pretty well arranged for an acci- dont, The Governor has called us together—the oonsti- tution does not prescribe the manner of this call. We must then resort to usage. The usage which has for centuries prevailed ig to issue a proclamation and have it published in the official paper, and that has been re- garded as a sufficient notification. Whon we are ordered to convene, it is presumed we are scattered. It ix not sufficient that those members who alone are in the city. should be notified of the extta session. Those wt thai homes apoyld also be notified—all must be av’ Every constituency in the State has # right te tusist that its representatrve should have notice of this extra se.sion. This have net reeeived. The members now at their homes have not been notified of this extra session. If we enact laws under these circumstanees we act with a mu- tilated ture—with several constituencies actually dist ised. Mr. Jackson, Cag Bod Chemung, said the House was here on notice. The fact that a hundred and fifteen mem- bers were here is proof that the notification has been suf- ficient. It is time enough to act on the question of the notice when any member ciaims that he had no know- ledge of this call. Mr. larrizsony had no desire to make a factious oppo- sition, but we are to pass izportant laws Bere. All will not be eatisfied with them, and the question may arisefin our courts whether our legisiktion has been constitu- tio: A yote or two msy chai ion, and those whose votes might occaai may claim that they hada right to be herejand vote. . Woon, (whig) of Onondaga, placed no weight upon informalities. If the House was satisfied that te Gover. nor issued this proclamation, it might go on; but should it hereafter be shown that that officer did not call us to- gether, then the courts might decide our action to be null. ‘The great measures which have been before us are not qt acted on, They demand onr consideration. He would agree that all here had had due legal notice of this extra session. Every one here had been sufficiently no- tified; but it isa fact that some members, not now in the eity, have had no notice. He doubted, on this ac- count, whether we bad a right to go on while they were ignorant of the call of an extra session. Otherwise, by a reconcerted plan, » minority of the Logislature might sent im the ity; they might be suddenly convened, and act upon grave questions without the knowledge o the majority. Asa precedent, this might result in great danger. It would be better not to go on with legislativa action until every member of the Legislature has been duly notified of an extra session. Ir. CHamriin, (dem.) of Alleghany, was surprised that opposition to this organization should emanate from the Fouree it did. After objecting on this floor yesterday, on two oeeasions, to the prolongation of the session which the majority attempted to effect, the minority this morn- ing are attempting to break up the session and destroy the constitutional power of the House, And this after pretending for weeks that they could not consent to sepa- tate without settling by legislative action the great ques- tion of interest pe ing before the people. How do they attempt todo this? By raising {echnical objections to the form of the proclamation, indulging in violent presumptions sgainst the discharge of official duty. hy, there is no officer, however humble, in the State but has thrown around him the broad ‘wgis of their legal presumption; and now the highest officer in the State—the executive—clothed with important constitu- tionat functions, is asrailed upon this floor on a presump- tion of neglect of official duty. The power of the legisla- tive department of the government is attempted to be subverted and overthrown. Who shall say a proclamation is not on file signed with the great seal of the State—who say members are not notitied? We do not send official despatches now altogether by the ‘“‘gazette” or the tardy post coach—we send them by the lightning’s wing. The copies served on members need not have the original seal. How fhe fact is Icannot say. I donot deem it necessary— the objections are frivolous and unfounded—the House is constitutionally organized. He appealed to the represen- tatives of the people. Let not the spirit of faction attempt the dissolution of their re. Mr. Braman, (whig) of Washington, denounced the en- tire proceedings through which the House has been called together this morning. The Legislature had adopted con- current resolutions to adjourn at 4 o'clock yesterday afternoon. Atthat hour the House met, and the Speaker, instead of disclosing the fact of adjournment, permitted the gentleman from Allegany, [Mr. Champlin] to aanounce that there were Senate resolutions on the table. It was the Speaker’s duty to announce that there were Senate resolutions on the table. It was informal and injust to allow any member to know what was on the Speaker's devk until he had informed the House of it. Mr. B. ridi- culed the idea that he (the smallest member in the House) could defeat a large majority. At four o’clock the Speaker had only one course to purans, and that was to let his hammer fall and declare the House adjourned. It was constitutionally dead, and it was his duty tosny so. Mr. B. disclaimed the responsibility of requiring ‘this extra session. The majority here were the last men he would call together to legislate for the Feople, He had been assailed for his conduct, but here, ax elsewhere, he would defend himself. He was willing to goon for few days here, and legislate without pay ‘Was he responsible for the call of an extra session, whi this proclamation was printed, and in the hands of the officers cf the House, before he objected to the motion of Mr. Champlin? No Legislature had ever so much neglect- ed its duties as the present—its conduct had been most eful. Hie asked the majority not to shirk the res- ponsibility of this extra session, and throw it upon him. Mr. Braver, (whig) of Essex, disclaimed the idea that party had, or ought to have, ‘anything to do with the question before the House It was clearly a constitu- tional one. It is not the legal presumption, as has been said, that the action of public func'ionaries must be re- garded as properly performed—the presumption is, that when the matter is fair on its face, all is proper. The proclamation should have beea properly signed. sealed and filed in the office of the Secretary of State. Then tho proclamation would be prima, Socie good, unless rebutting estimony were brought in ‘to show that this had been wrongly done, or done at the wrong time. For instance, if signed and filed before the hour of four yesterday after- neon, the proclamation was void, because at the time the Governor hai no jurisdiction in the matter. ‘The act was void unless performed after that hour, for the Goy- ernor can only act in pursuance of law. If he may legally call an extra session before the adjournment, he might have done it on the fifth of January last. As it may be- come ® judicial question, the House, before going on, should determine whether the proclamation had been constitutionally issued. ; Mr. O’Brien, (dem.) of Kings, said that at the time of adjourpment yesterday, it was to be presumed that every member of the House was present. "This was the legal resumption, whether they were here or not. Then all Toa been properly notified 3 Mr. Hickox, (dem.) of Cattaraugus, called the previous question. Mr. Burnovans rose to a question of order. The Sreaken—he chair has decided that the House is acting under its customary rules, and the gentleman cannot state his point of order except on an appeal from the decision of the chair. Does the gentleman take an appeal? a Burnovens—I wish to read the rule under which I take an appeal. ‘The SPEAKER said the question was on sustaining the cull cf the previous question Mr, BURROUGHS called the ayes and noes. Mr, Lirtresonn wished to know by what authority the Speaker had put the previous question, while the House was without rules. ‘The SrEaKeR—Why, if we are without rules, does the gentleman address the Chair? Mr. BurRorcus—That point has been raised, and the Speaker would not entertain the question. ‘Mr. Lirtigsonx—I address the Speaker as an act of courtesy. ‘The SrraKER—The Clerk will call the roll. Mr. SHaw’s name being calied, he said he did not wish to make any trouble. He could neither vote or ask to be excused, for he could not recognise the authority of the Speaker to call the previous question. ‘Several members cheered these remarks.) ‘he SPEAKER demanded whether the gentleman from Orleans had been guilty of this gross outrage? (No re- sponse.) Parr, SAW continued, but was directed by the Speaker to take his seat. Mr. Hexpxx, on the call of his name, rose to a question of privilege. the Srxaurn decided that it could not be entertained while another question was pending. M. Henper asked to be excused from voting. If a mom- ber of the House he had a right toa seat somewhere, but he did not know where it was. Mr. Limes declined to vote, as he could not recog- nise the authority of the Speaker nor the validity of the rules imposed upon the House. On motion of Mr. eed all members who had not oted were excused from voting. Vothe Nesolutions of Mr. Loomfs were adopted by ayes 83, ll. aa COMMITTEE TO WAIT ON THE GOVERNOR. The SprakeR appointed Messrs. Loomis and Cary to wait upon the Governor, and Messrs. Peters and L. H. Smith to wait on the Senate, and announce that the House wns duly convened in compliance with the call of the Governor. ‘TERRIBLE CONPUSION—A MEMBER ARRESTED. Mr. Howey, (whig) of Niagara, attempted to speak, but ‘The Sreaxen decided that he was out of order. Mr. Horixy appealed, The decision of the Chair was sustained. [Amid the general confusion a motion was mado for Mr. Holley’s arrest, which was carried. and the Speaker directed the Sergeant at-Arms to take him into custody. ] KETURN OF THE COMMITTFRS—THE GOVERNOR'S MESSAGK— MISSING, ETC. Mes:rs. Loomis and Cary announced that the Governor would immediately send a communication to the House. Messrs, Perkes and Syria reported that they had noti- fied the Senate that the House was ready to proceed to business. Mr. Woon rose to a point of order, but ‘The Sreaxer directed the Governor's message to be read. Thiring the reading of the message, Mr. Perens, (whig) of Generee, rose toa question of privilege. There had been considerable hissing in the neighborhood of his seat. He hoped the Speaker would have the floor cleared, to prerervo the dignity of the House. The Srraxrr had not heard the hissing, or he would have instantly suppresed it. The officers were directed to order all persons from the floor except the members of the House. ‘SINEES TO DE TAKEN UP AS LEFT ON WEDNESDAY. . D. B, TAYLOR moved the following concurrent reso- lution :. Resolved, (if the Senate concur.) That the Legislature proceed with the business ponding before it on the 13th of April inst., wader the same rules and organization, and} thosame manner, anit the two houses had adjourne this morning. i Mr. BunRovcns rend from Jefferson's Manual £ ipa! that all business must be taken up as though it es = been previously acted on. He sald, in adjourning tn die ait the business of the House died with the Loe ay and in coming together again all our business mi Ss brought in and acted on as if it had never bm ok the House, The House bad expired by its own limita- tion, Mr. Snaw asked » to give way for a motion re- Me Tes ts wonla Gott we arding the rules of the House. to,» oat any disrespect to the Speaker. a net? Jaa” hi doubts on the Sept Aes of the regular session be adopted. fore ysrmisouy hoped thnt this would be done, that the House could ga on baymoniously. Mr. Looms said dD. lor covered oe rhe eee ee etiam oh ea Te PW Mr. Saaw—If that is so I am satiafled. Mr. D. B. Tayzox withdrew his motion. Mr. Shaw’s motion was then adopted. MR, HOLLEY RELEASED, Mr. Lrrmizsomy rose to a question of The gentleman from Ni had, under #8 impre iow that no rules were in force, whatever might ave been the course of that tleman under this impress (Be ov to be over! an would more that teman be released fro oor (whi ed one thought the- ry, (w! uga, thought the man frem Nisgars bad, Dot bes’ J fy ordered inter custody. "The Sreaxen eaid that point had onee been decided, and the House had su the decision. ir. Woop addressed the Chair on the motion of Mr. Littlejohn, but was interrupted by Mr. Kuxxepy, who cthe Cuan decided that the gentleman from Onondage 1 Crarr decide: 0 from (Mr. Wood) wag entitled to the floor. Mr. Woop hoped that the motion of Mr. Littlejohm Yould prevail. He would offer no for the con- duct of the gentleman from Niagara. believed that gentleman, after a moment’s thought, would have apolo- Bized for his language. Even if there had been no rules of order, proper couriesy for the presiding officer woukh. require the recognition of all necessary authority to pre serve order. under the exeite- i had conducted Mr. D. B. Taytor had no doubt that ment and confusion of the occasion al: themselves improperly. The gentleman from Ni had acted with the others, and it would now be release him from custody. Mr. O'Kxans, (dem.) of N. Y., hoped this would be done, although the gentleman had been properly arrested, for improper conduct Mr. G8 desired that what had been done should be forgotten. Let us submit tothe decision that the House is rly convened, and go on with our legisla tion. He thought the gentleman from Niagara had.ocoa- sion for dissatisfaction partly arising from ex and partly from misapprehension as to the nature of the er's decision, although the floor was yielded to an- er while that gentleman had possession of it. Messre. Lirtizsoun and ExtswortH spoke in high terms * Mr. bein "8 cherei and Le laf a ee = sisting at he had great provocation for course, thought the House could, in justice, do no less than at once relieve him from arrest. Mr. Ciarp, (whig) of Erie, asked if there was any ques- tion before the House. The SpeaxkeR—'There is. The motion of She gectenem from New York, (Mr. D. B. magia before House. He withdrew it for the purpose of having the question of privilege deeided. Mr, BurRovGHs desired the motion of Mr. Taylor to be laid on the table until after the recess. The Srmaker decided that there was no fixed recess. CANAL COMMISSIONER MATHER~THE NEW YORK SCHOOL a A communication was received from John C. Mai Canal Superintendent, in regard to the charges brought jainst him, and demanding an investigation of his offi- cial conduct. A communication was also received from the Secretary of State relative to the failure to collect the school tax in New York city and elsewhere. Referred to Committee on Ways and Means. THE PROTEST OF MR. HOLIEY—EXPLANATIONS, ETO. Mr. Hortxy rose to a question of privilege, and said, after the vote was declared on the resolutions of the gen- tleman from Herkimer he sent to the @hair a protest which he felt it his duty, as a member of the House, ta offer. He-asked that the protest might be read and en- tered upon the journal. ‘The Speaker took the protost and read the following words: “The undersigned, as a citizenof the State of New York,” and then, without reading further, cast his eye on the signature, which he announced, a declared that no protest could be received from a citizem of the State of New York. Mr. H. then requested the Epes to read.a little further, or to read the whole of the protest, and stated that by so doing it would be made manifest thathe did not protest asa citizen, butas a mem- ber of this body. The Speaker, withoutcomplying with the request, or taking further notice ef him, who was still on the floor, decided that the gentleman from New York, (Mr. Taylor,) had the floor. Deeming himself thas placed in a false position before the House, and the man- ner in which it hed been done an aggravated fevance, he had felt called npon to pursue the course he id. And now, having stated the facts of the case, and the stiong provocation under which he acted, he would say that if, in the excitement of the moment, he had sald or done anything derogatory to the character of the House, he would ask that the past might be forgotton. The following is the protest alluded to :— ‘The undersigned, at 4 citizen of the State of Now York, elected asa member of the Legislature, whose session ex pired yesterday, April 13, at do’clock P’M., begs leave te protest against’ tho action «f other pei 130, obected. members of the Legislaturo—had in the Assembly Cham! in the capitol, at Albany, on the 1ith day of ApH, inst belioving that said Legislature is not lezally re-convened competent to the discharge of legislative duti (Signed) GEORGE W. HOLLEY. Dated at Albany, April 14, 1853, LEAVE OF ABSENCE WANTED. ie ees asked leave of absence for two days. Mr. Woop asked leave of absence for Mr. Kneeland, who had been hastily called home. ‘The SPkAKER announced the motion of Mr. D. B. Taylor to be in order. ‘THE MANNER IN WHICH BUSINESS 13 TO BE TRANSACTED. Mr. Eussworts, (whig) of Chautauque, moved the fel- lowing amendment :— Resolved, (if the Senate concur.) That a joint committee Gf five be appointed, to. consist’ of threo mombers of the House and two of the Senate, to consider and report the proper course to be pursued by the Legislature in disposing nished business of the last session, and such other As this soasion is eslled to consider. URROUGHS took the floor. Mr, Hapury, (dem.) of Seneca, rose to a question of privilege. Can the gentloman from Orleans keep the floor all day and yield it to whoever he pleases ? The Sreaker—Under ordinary occasions he could but this is an extraordinary occasion. (Laughter.) Mr. Hapixy—That is satisfactory. Mr. Burrovans said at the extra session of 1851 every- thing was taken up anew. He addressed the House at length in support of the view that tho Logislature, hay- ing adjourned yesterday, its unfinished business was ae eee and could not now be taken up as it wae left. Being convened by proclamation, it was essenti a new session, and had ‘no connection with the session which had expired by its own action. Mr. Snaw eonsidered it improper to change the order of business. All ought to go on as though this were a con- tinuance of the regular session. Great injury and in- justice would otherwise result. true course was the adoption of the amendment of the gentleman from Uhaa- tauque (Mr. Ellsworth). Take the business ss it was left yesterday, and, by the adoption of this amendment, go on with it exactly as would have been done if the re- gular session were continued. Mr. Peters considered this the true course. It was due to all the interests involved that this course should be pursued. - Mr. Forsym, (dem.) of Albany, said there would be am — extra session of sixty or ninety days, unless the resolu- tion of Mr. Taylor is adopted. By agreeing to that, all the work eould be ccmpleted within a week, Mr. Eutswortn defended his amendment as the best. Every bill not actually passed by the Legislature yester- day was dead. No action could be resuscitated except by the adoption of his amendment. Mr. Loomis said there was much discussion about forms, when a glance at substance would bring all to one opinion, The Legislature was the judge of its own rules. he common rense view of the Fe 13, that the House isa continuance of that of yesterday, with the same members and officers and with the same business before it, therefore that it might and ought to go on as if not called for a special session. This was also the legal view of the case. This is the practice of C A vast amount of business is left at the long session un- finished; at the following session they take up all this business in exactly. the ‘same way a» if no extended ad~ journment had taken place, Is not this the highest pre- cedent we can have, as well as the most rational course for us to pursue? We are elected until the first of Jana- ary next, and can therefore now properly go onand per- fect what we have already partially acted on. Mr. R. Swimm, (dem.) of N. Y., moyed the previous question, (on adopting the resolution of Mr. D. B. Taylor, and the resolution was adopted.) MOVEMENT FOR A RECESS. Mr. Hapiey moved a joint resolution, that on to-mor- row, at two o'clock, the Legislature take a recess to the 18th day ef May. Mr. Lrrrissony was opposed to taking a recess. The Legislature could do up all the business before it in ten Sys, while, if a recess is taken, we sitfor two months. Mr. BurRovGHS moved that the Legislature sit until Tuesday next, before taking a recess. Mr. Hexpxx said it was usual when executive com- munication is received it should be refe No action had been taken on the Governor's a He would move the adoption of the Senate resolutions. Mr. Looms asked if there was not already a question before the House. ‘The SPrakex announced that the Senate had concurred in the House resolutions Mr. Hexper’s motion was lost. Mr. Hapury called the previous to take » recess to May 18th, and by 18 to 41. Recess to half past three. AFTERNOON SESSION. mus PASSED. York Tax bill. Anqroprating ‘moneys for the enlargement of the Rai and mplain canals. “Appropriating moneys to pay canal revenue certifi- ten. "To incooporate the Montague Park Association. uestion on his motion ¢ motion was adopted cr Work of the TITLES OF ACTS PASSED BY THE SEVENTY-SIXTH SESSION OF THE LEGISLATURE OF THE STATE OP NEW YORK—1853. (CONTINUED FROM THE HERALD OF APRIT. 9.] 129, To enable the Newburg and Fllensyille Plank Road Company to abandon some parts of the road, and to isswe. preferred stock. 130, To amend an act entitled “‘An act to amend 2: charter of the city of Troy in relation to the m ‘Offloe ra assessors, and to aboli-*