The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-24

The News from Msrics-The Oronoco Steam Napiga-
ton Company The Cana. Bhl-The Bill .46oishing
the Punishment of ath-Washinston Monument.
The information received by telegraph in this city Of
the deaths Of Lieut. Col Baxter and Capt Van Olnda
and of the woundng Of Captain w. H. S. Walker and
other merorious officers has spread gloom throughout
this community Lieut. Col Baxter member of
the present Legislature from the city Of New York he
resigned his seat early period of the Arst session
The House of Assembly will pass appropriate resolutions
in a lew days
Capt. Van Olinda resided near Albany he had nu-
merous friends and acquaintances here.
Capt. w II. s Walker wounded in the Florida
Just subsequent to the breaking out of hosttes
with Mexico at which time he was stationed here a
recruiting oicer) he married the daughter of highly
table widow lady residing here immediately after
mis- marriage he ordered join the army Mexico
Until the nature IT his wound Is known his relatives will
remain in q terrible suspense.
will be recoll-cte the Herald lately announced
hat the republic Of Venezuela al given Nv Vespasiau
Es exclusive grant to navigate the river Oronoco
that republic for the period of eighteen years Mr.
Ellis is now in Albany, with the view of getting a bill
through the Legislature Incorporating steam naviga-
The bill which is eutitsd An Act to Incorporate the
Dronoco Steam Navigation Company ordered to q
third reading in the Senate to-day
Mrs Marcy, the lady of the Secretary OF War, 10 in
this city
The House b appropriating the surplus revenues of
canals for the last fiscal year to the enlargement
competion Of the Erie and other canals passed the
House to-day This bill amended by the Senate
out the House refused to in the and
| it passed the latter body in its original shape
The bill for the abolition Of the punishment death in
this made special order for this morning at
O'Clock in the House of Assembly. It was resolved
that the fna eading should be had at the above hour
the house was very full and the galsres and Hobbies
were crowded with persons who seemed to feel inte
| rest In the result.
The bill WAS by the clerk for the third time when
Mr. SMITH of Monroe, aud asksd leave to make
remarks in explanation of the which he was
about to gve he particularly anxious to do So be-
he felt bound to vote against the views Of
his in petitions which they had
sent to this house.
Objections the proposed explanation were pads: IL
stated that the resolution lately adopted required
the final vote to be taken the hour of clock The
resolution read when 1t appeared that the nal cad
ing and not the final vote set down for the above
hour
Mr. SMITH then allowed to proceed in opposition
to the BILL he regarded it solely question sxpsd
ency aud public policy, and he felt that these consdera
ons should every member in giving his up
passage this bill would followed BY consequences Of
most dangerous character, and with this conviction
| he could not conscientiously supportit.
Mr.. WATSON, of Albany, then ro,e and moved the
previous question
A count was demanded, aud there were yeas 49, noes
| $3.50 the previous question not seconded.
Mr. BEERS Of Westchester said he desired to explain
why he felt constrained to vote for this bill The Dues
ton in his Judgment rested upon the proposition whether
the certainty the severity of the punishment was
most conducive to the prevention of crime He desired
to the bill h. felt a wf Ss
did, that the certainty Of punishment and the Sc
verify was most conducive to the prevention Of crime
to vote for the bill The honorable gentleman referred
to the English law and the practice Of the English courts
to sustain his position. He is able and eloquent
speaker
Mr.. SMITH, Of schoharie said he felt bound to give
reluctant vote against the bill
Mr.. DEAN, of Oneida, moved that the bill be recon-
United to the select committee with instructions to
strike out the fourth section which authorizes prisoners
| to apply for pardon.
The motion was lost The question upon the bill was
then demanded it wastaken by ayes and noes and
| suited as follows
parha
Blodgett, Bowdish, Bowie Boyden, Brown, Burchard.
Chatdeld Cornwei Crowley, Dawson, Flanders Gallup
Hitchcock, Leavens, Marks, Marshall Mc2,oneeal Nc
Namsra D. Moore, Pierce, Pottls NJ Pratt w. II Pratt
Russell shaw small sopsr stewart Temple Tread
Nors -Messrs. Adams, Atwater, Balcom Baseom Bell
Benedict, Burne Candee, arpenter Cav ole
Crosby Curry Davis, Dean, De Witt. Diven, Emmans,
Fuller, Fullerton, Garrison, Gray, Haring, Hodgson
Howe, Hubbard. Hunter, Keyser, Lakn, Landon Law
| renee Lee, McDoual, MoWhorter, Miller orion Peck
Perkins Prinde. Raplee. Shumwsy, Sill, j. B. smith j
| Lawrence smith, +. Smith, w. 8. Smith, Southland
Speaker, Taylor, Tilnshast Upham, Van valkenburgh
| Mr. psag,Ss of St. Lawrence. moved a reconsidera.
ton of this vote for which he begged the House
quoted the statutes Of this state to show that there
we're two classes Of crimes defined to be murder where
| the criminal did not design to commit murder or to
take life; these treason and arson there
also classes OF crimes where the motives Of the
Leved there were a numbe' members here who were
in favor of mitigation Of punishment; and If the mo-
ton to reconsider adopted he designed to move that
the amendments which he had formerly offered to this
bill be referred to the Judiciary Committee, with view
| to their adoption
Ths amendments Of Mr. Perkins to the bill are az
| follows
An act to define murder in the first degree and to
! abolish capital punishments in other cases.
Strike the first section Of the bill and insert the
| three sections following
81 Murder In the first degree Is the killing Of hui
man being from desgn to effect the death Of the person
killed In aid concealment, in the perpretsop Of
some other felony.
"a Every person who shall hereafter be convicted Of
murder in the first degree shall suffer death in the mode
prescribed Ly law for executing the sentence Of
death for capital offences
So Murder as now defined by the laws OF this State
except murder perpetrated from design, In aid
crament In the rpetraton OF any other felony Is
murder in the second degree
Amend section two Of he bill by inserting after the
| word state" In second line, a. follows
Except for murder in the first degree, as defined by
this act