The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-30
LEGISLATIVE PROCEEDINGS.


:. "a very impressive prayer) Journal of yesterday
MR. sASToRp wished to have his recorded on the
journal against the ansavery resolutions and was
30 recorded
VOLUNTEER BILL.
The CLERK announced that the Assembly had sent to
the Senate for concurrence the bill appropriating ten
thousand dollars for the relief of the second egment of
New York State Volunteers.
Mr. TALcorr said the bill had not been constitution.
ally passed by the Assembly 1t was two-thrd bill
The reading of the bill was called for and the Clerk
read the bill.
Mr.. CLARK-May | ask what Commissary General il
referred to in the bill
PSEsIDxrr-The Commissary General of the State OF
New York.
Mr.. WHEKLrR-Is there any question before the Sen
ate move that tho bill be referred TO the Committee
on Finance with instructions to strike out the preamble
The preamble 10 direct censure upon the Executive
Department OF tho government. call for the ayes and
noes on the question, whether this Senate is willing "a
Mr.. YoUNo-Will the Clerk read the preamble3
Mr. JoNEs-Will the gentleman, (fr Wheeler1 con.
rent to the reference Of the bill to the Military Com.
mittee
MIR. WHEELER Il have no objection
Mr. Han am opposed to such disposition of this
bill move that DO referred to the committee of the
whole. The popular branch Of the Legislature has seen
1T TO attach this preamble, and think ought to con.
cur. shall oppose such a reference Of the bill
PnrsIDRsr.--Is the Senate ready for the question
Mr. DEsNnroS-Mr. President, is it in order to move
to strike out the preamble
Several MEMBERS together with the Speaker of the
House, were present
ParsIpsNT.-The motion is not in order The ques.
ton is referring the bill and preamble to select
committee.
Mr. CLAnK.Mr. President, it strikes mo- sir that this
is two bill The Senator commended that the Ex
ecuvs not authorised 10 issue commissions TO the
officers OF this regiment.
MIR. YoUrG.--I understand they are commissioned by
the Executive, under express law of Congress
eating the power,to do it.
Mr.. CLARK Well sir, am coming to that poin, in
moment We have no right 10 make this appropriation
in any shape form The constitution is above charity
ask before this bill referred to have expression
Of the sense Of the Senate upon it.
Mir YouNo-I do not think this matter IL very CLEAR
believe it isa twothrd bill, and the House ought to
have known ii.
Mr.. srDowrcx-The question raised in the House.
Mr.. YouSo-Was raised7
Mr.. SEpGwIcK-Yes
Mr. CLARK offered resolution that the bill be sent
back tothe House, with O respectful message that II is
two third bill.
PR,srpgNr-The Chair will express its v;ews uron
the subject The Chair proceeded to state its opinion
briefly that the appropriation within the scope of le
gslatiye power and that the bill a majority bill
had made appropriations of this nature to be refunded
however, when the claims brought before Congress
DIT IaLcoIr reiterated MS opinion that this was two
third DILL and made some remarks IN support OF the OPT
mon.
Mr., srTScxRI cannot give my assent to the PROPOSE.
ton that this us two-third bill The Senator read the
9th section OF the first article Of the constitution which
provides that the assent of twohrds OF tho members
elected to each branch othe Legislature shall be requ
site every bill approprisng the public moneys or bro
pofty for local or private purposes"-,he gentleman
commended that tho bill did not under this section
Mr. Spencer also read the net OF Congress authorship
the organization oil volunteer regiments he had vet 10
learn that the public deience of country apperaned
:
appropriate voluntarily for the public service in ad
OF reimbursement he admitted that this EXPENSE
should be betrayed by the u. s. treasury but the
situation Of the volunteers warranted in making the
appropriation. With respect to the preamble he would
thai ne would not vote for it, he sorry that
had been annexed, he would strip the bill OF all such
qualifications, and pass it upon its merits
MIR. LEsTtR, at considerable length maintained that
the bill was twotblrd bill
Mr. SrEScER replied very forcibly and eloquently il
was, he said dedication OF the public fund for the
hottest of public purposes
Mr. CLARK Joined.
MIR. HAtD sureoined, and said II looked as II the two
wings OF the great democratic party $50 called were
attempting TO afford aid and comfort to the enemy
Mir BARLOW rebutted.
MIR. SPENoER surrebutted
Some general conversation among the Senators
And the discussion proceeded al tnfntfum The whole
subject OF controversy reod to the of the sppro.
prisuon and whether II was according to the of
he constitution, Tor private public purpose Mr..
Folsom argued most strenuously that for public
OBJECT.
Inc resolution oferedby Mr.. Clark that the bill b. sent
back 70 the house with the me sage that 1t a
third bill, and that It therefore constuOnay
passed by the House, was ultimately adopted By the fol
lowing vote:-
Avs essrs Barlow, Beekmsn, Burnham, Cook Den.
nston, Jones Lester, Sanford Sedg ick J. b. Smith s.
Smith, Taicott Townsend, YOung-I4
Nots-Messrs. Backus, Emmsns, Folsom Grdloy,