New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-14
Mr.. WEptrryp hoped the gentleman would


regard to this vote srd Mr. w felt unwilling 70 compel
the gentleman 70 yiolEte biz conscientious PrlHeiP =
No.excused.
Mr.. CLAPP hoped to be excused Engineer
ing lad cost 10 per cent The past year and y can %
the state TIE past year He was not willing 70 make
this charge without proper Information ..
Mr. LOOMS said the gentleman was giving
for voting in the negative and not one TO De ex
cused
Mr.. CLAP desired to know whether the
Speaker preceded the proceedings Of the House or
the gentleman from Herkimer.
The SPEAKER claimed that prerogatlVe.
Mr.. CLAPP was happy TO hear IL.
Mr.. X. SsITE said for the nth tune he would
ask to be excused from voting Not granted.
Mr.. r. SMITH said he had great respect Tor
the House but he also respected himself He declined
TO vote.
The SrEAKER ordered the Sergeant-at-Arms
70 take Mr Smith into custody.
Mr. WOOD also asked to be excused. be
asked the majority act Of magnanity % excuse
him Had not this House sufficient sense OF justice TO
gentleman from voting who has conscientious
scruples on the subject
The SPEAKER called Mr. Wood to order.
Mr.. PETERS asked to be excused from voting
on the ground that there evidence before the
House respecting the cost of engineering Notcarred
Mr.. ID. B. TAYLOR made a similar request
he in favor Of economy, everywhere buthe had no
evidence Oh this subject. Not excused
lions canals hereafter be sppbed exclusively IN
such manner upon the Enc Ceus enlargement a. 70 renier
naygabe through whole length or boats carrying l50
tons burthen the earliest possible period practicable and
thereafter TO increase its capacity for larger bases from
tine to time, IN proportion s nearly az msy BE- 70 the
of expended thereon ana upon the BLACK
Diver and Genesee Valley Canals IN such manner a. %
bring into each year the largest amount which the
preparation viii permit.
Ayes 90, Noes 81.
Mr. nrpors vae avcT spd from voting
Mr.. LrTTLEyoHy desired to be excused
Refused.
Mr.. HoLLEY made the same request. The
resolutions had been introduced in and unpre
cederted manner, and were swindIe upon the House
lie then withdrew his request
Mr. BEMAs rose to point of order. A men,
her Of this House illegally in custody OF the Ser.
geant at Arms by direction Of the Speaker The Speak
or had power delegated TO him to inict so severe
end arbitrary punishment on a member as to place
him under arrest The Revised Statutes give this pow
er expressly TO the House The Speaker has arbitrarily
and despotcsy exercised this power. be has trans
cended bis legitimate authority He has taken from the
House its night to direct the punishment OF member
for contumacy.
The SPEAKER decided the point of order not
to be well taken II was an old Custom for the Speaker
to order member into custody while standing in con-
tempt Of the House.
MIR d. B. TAYLOR asked whether member
could be held to be in contempt before the House had
sodecidedi
The SPEAKER decided he csuld.
The question on Mr.. BEMAS's appeal was
tnkep ana the decision Of the Chair sustained.
Before O vote wes taken on the seventh resO-
luton,
Mr. TEMPLE moved TO reconsider the vote
ordering the previous question-Ayes 10, Hayes 81
Lost.
I Resred That in consideration Of the amunities en-
loved BY Banks cated aud secured to them by the
oitn authority OF the State by which they have, among och
frfna fha
State by exchanging their notes not interest ol
ibor Obligations OF OheTs OF equal amount Interest and
by Of their special pryleges they enabled 10
sze upon THEN capital gains beyond those allowed by law
to private investments on interest
TAeysors it il Just aud expedent when the State is in
need o. extraordinary neaIs TO impose special tax upon
thm 10 relieve the State and tighten the buriheG Of
Whereas the State has incurred large debt fciste
the OF property 10 and tom marset both for
this State and for the estern States by Of Inch
their prosperity has been greatly promoted and their prod
ucts greatly ncreGsed ard whereas also II has granted 70
railroad ooInro,s imuuntos BY Incorporation, and Laws
by which tEfy enabled largely to participate In the prof
IL OF Iansp oToon Of such increased PTodacs and OF meI
tnuss the cost Of completing the canals and 20 dis
charge its debts incurred for their construction has been
Diminished by the completion ofsnch railroads Therefore
Resolred-Thatit is expedent require of ali such rail-
roAd the payme Of special tax upon their gross earnings
in aid OF the canal revenues.
THE resoution was divided so as to take the question
On taxing Banks and Railroads separately
Mr. HoLLEY asked 10 be excused III the res
olutlon spsssed it may be followed by bill requiring
sraudne expedition against portion Of the people Of
the State. He withdrew his motion.
Mr.. LurLHJoHs moved the same request
No Opportunity had been given to offer any amendment
10 the resolution. He then Withdrew his moton.
Mr.. Woop requested to be excused He
proceeded with remarks the resolution but was called
20 order.
The vote being taken on taxing Banks, was
lost-Ayes 81, NAYS 80.
On taxing Railroads, the vote was Ayes 40
Nays A.
Mr.. BURROUGHS asked to be excused from
not voting. No, granted.
Mr.. CASE did the same. He supposed he
would be compelled 10 vote but he wished it under
stood that be did not feel committed any proposition
by the vote exioted from him.
Mr. INGALLS, made the same request. He
was not prepared to sanction the proposed measure
Mr. HoLLEr made the same request. Not
granted.
Mr. LIrrLEJoHs the same. The proposition
to single any class of property for taxation for
the general welfare Of the moot monsrous character
Not excused
Mr.. OKEEFE the same. He could see no 10.
gcel connection between the preamble and resolution
Not excused.
Mr. ID. b. TAYLOR rose to q poin; of order A
gentleman al been placed in the custody Of the Sergeant
ALARMS but was understood 10 be fugitive from jus
o," Could lot the officer be called on for his
=
Mr. IooMIs moved 10 adjourn.
Mr. BURROUGHS hoped not while member
was IN cuficdy He moved that Mr. r. Smith be dis-
charged from the custody Of the Sergesntst arms.
MIR ALDEN hoped the motion would not pre-
vail. Mr.. Smith had been placed IN custody by the
Speaker and without the concurrence of the House, and
tie Speaker should be directed 10 discharge him
Mr. W. TAYLOR said the House would not
stniify itelfby recognizing the arbitrary exercise OF
power by the Speaker.
Mr. BuRRouGHs moved further amendment,
asserting that Mr. Smith hsd been improperly placed
il custody by the Speaker, and directing his discharge
Mr. CLAPP moved an amendment. Lost.
Mr.. BURROUGHS said the right of the citizen
10 be free from arrest o. the greatest momen; Inc
Speaker has night exercise this power without any
vote On the part OF the House IN regard 10 H. ne
spoke with no unkndnesr. The Chair nsy nave M,
spprekendsd his authority, and hoped be would recall
bis order OF srrest
The SPEAKER decided that when member
declined 10 vote il was contempt OF the House and