The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-13
Assembly.
Albany, April I
TIE RUTHERFORD AFFAIR.

ALBANY, April ~, 1859.
TIE RUTHERFORD AFFAIR
On reading the Journal Ar. SMITH (iem.) moved 10 ex
purge therefrom ali relating To the unfortunate affair 10
Witch Mr.. Rutherford implicated. In making the
moton he offered ample apologies 70 the House on be-
haf o. Mr. Rutherford, who felt deeply mortified at his
conduct, and who only prevented by illness
from personally expressing his regrets here
The SrEAKEe-Yhe motion OF the gentleman is not 10
order. The House amend but mu.iate the jour.
nals,
Mr. SMITH the proprety Of the objection taken by
me Speaker but hoped his motion would De entered on
be journals.
The SrEAKER-It will be entered in full
The regular order Of business was then taken up pro-
baby for the last time
REPORTS PETITIONS ETC
Few fag end petitions presented.
Several reports we're made hone OF which have any
ORDERED TO 4 THIRD READING
The following bibs were ordered to a third reading
To amepd the Harlem Free Bridge act
The Senae bill i'll relation to the public health OF the
city OF New York
10 en- large tue Sing Sing prison.
To require the publication Of the reports Of the State
officers IN the State paper
THE NEW YORK TAX BILL.
Mr. c. s. SPENCER (fep) reported the New York tax
Mr. CoNKrrG (rep) moved to recommit with instruc
tons "a strike out the $3.50 goo for the Commissioners of
Records
After debate the motion was carried by IS to 81.
STEAM on TIE CANALS.
The bill giving the preference 10 steam in navigating the
canals was ordered TO a tbisd reading
ELECTION
Mr.. CBaNrER introduced resolution requesting the
Governor 10 call an election IN June 10 enable the people
Of The city Of New York to vote the question whether
they desI a charter convention not. Laid over.
COMPLIMENTARY RESOLUTIONS
Mr.. LAW offered rosoutons Of compliment and thanks
10 the Speaker. Adopted
Mr. LAMONT offered similar resolutions in reference 10
the Clerk and Assistant. Carried.
SLAVE TRADE RESOLUTIONS.
Mr. Law called up his resolutions denouncng the elave
trade. RESOLUTIONS carried by l1i.
RIGHT OF TRIAL BY JURY.
The SPEAKER oeI resolutions decaratory If tho right
OF the State Of New York To grant 10 every person the
right of trial by jury. Laid over.
ucXYr SELLING IN CASTLE GARDEN.
Mr. SMITH called up the resolutions caRing the Com
mssoDers Of Emigration for the why all the ra
roads not allowed to sell tickets Casrle Garden
Mr. SPENCER moved 10 lay the resolution on tho table
Lest.
The RESOLUTION was then lost by q To- 5
pEPosIiNe COPYRIGHTED BOOKS
The resolution requiring the deposit OF copy right books
half in the Historical s,;iey Library aud ha the State
Library was adopted.
RESOLUTION FOR FINAL ADJOURNMENT.
The final reeoiution of adjournment was called up
Mr.. SPENCER moved TO lay it on the table.
AFTERNOON SESSION.
The bill 10 submit 80 the people the proposition 10 Dor
row 1850 0lo to pay the floating canal debt taken
Mr.. ToMIINsoS moved to recomut with instructions TO
report the whole canal debt OF the state. Lost.
he bill was then passed by IS TO Id.
EQUALIZATION ASSESSMENTS.
Tne House agreed TO tho Senatss amendments to the
ON equaze the assessments IN the seVera
the Slate.
CANAL APPROPRIATION.
The bill to reapproprate the moneys for the enlarge
ment ano completion 81 the canals coming up for third
reading, rcoomutted the appropriation
to the Black River improvement and reservoirs, and
passed.
To amend the Peter Cooper Institute barter.
10 feapopiaie cell tam moneys for the completion and
enlargement OF the canals.
HARTrNG RESOLUTION.
Mr.. SPENCER, from the majority Of the Judiciary Com
mttee reported favoraby the bill 10 commute the sen
ttuce Of death passed Mary naltungAessTs Bingham,
Johuson and Lamont concurrDg
Mr. MoERs, from the minority, presented report ad
verse TO the bii--Mr. Bacbeiler ceScarfipg.
motion 10 lay the bill on toe table was lost by %
10 70.
NJ seIIoIErE,p moved to refer the bin to select com
mtee.
Mr. LAW moved to amend by iosiructng the committee
10 strike out the eDaC;ng clause aud spoke against the
BILL He regarded il as the most important bill intro
duced since the adoption % the constitution The mem
bers should lot allow their personal feelings outside
Influence 10 sway Their action. He revieSed The clrcum
Of the murder, ard enlarged upon ali the
startling features OF the tragedy. The had been
and able judges at present grazing the BENCH and the
Governor had given the case the most mature delbere
ton, and refused that clemcnoy which the constitution
powered him to extend. Mr. Law also argued against
the constitutional power OF the Legislature TO pass such
law.
Mr. c. s. srxycrR smoke IN favor of the BILL and the
SPEAKER and Mr.. MORRIS against H.
The previous question being ordered the House refused
to strike out the enaetng clause by 20 10 a.
motion 10 make the bill the special order then failed
for want Of q two thirds majority.
Mr.. TonINsoN offered n resolution declaring that II
unnecessary repeat the Declaration of Independence
repubsh the constitutions Of the State OF the unite
States but declaring that the fraternai feelings Of the
citizens Of New York will follow the citizens all the
Uncn and their determination to bold involate the
stituton and all It's COMPROMISES lad over.
EVENING SESSION.
The e mmissioncr Of the Code submitted their second
ANIMAL report.
The House then took Up the Supply bill, which appro-
PIRATES in the aggregate under 100000.
Mr. CexKiISe led the economists and moved to strike
out all extra pay TO the clerks.
Every amendment, TO decrease compensation was lost.
Considerable debate bad the motion 70 p,y the
pages Of tho Assembly dollar and half per day
Mr CoSxiaNG advocated dollar but the House in
serted the largest amount
TIE bill will not be perfected toni yht.