Mr. Bell moved to amend by striking out the words "four hundred and inserting in lieu thereof the words " five thousand."

Mr. Truman moved to amend by striking out "five" and inserting "three."

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows:

The President then put the question whether the Senate would agree to said resolution, as amended, and it was decided in the affirmative.

By unanimous consent, Mr. Hillhouse offered the following resolution: Resolved, That so much of the message of his Excellency the Governor, as relates to our national difficulties, be referred to a select committee of five, to be appointed by the President, to report thereon for the consideration of the Senate.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

By unanimous consent, Mr. Spinola offered the following preamble and resolutions:

Whereas, Treason, as defined by the Constitution of the United States, exists in one of the States of this confederacy; and,

Whereas, it is the religious as well as the patriotic duty of each State, in its sovereign capacity, as well as that of each citizen, to make every necessary sacrifice for the preservation of this union of States, as they were united by Washington and his associates; and,

Whereas, the State of New York is now, as she ever has been, and as she ever will be, unalterably and uncompromisingly in favor of the union as it is; therefore,

Resolved, (if the Assembly concur,) That the Governor of the State be, and he is hereby directed, in the name of the people of the State of New York, to tender to the President of the United States, the services of the militia of the State, to be used in such manner and at such times as the President may deem best to preserve the union and to enforce the Constitution and laws of the country.

Resolved, That the committee on military affairs be, and they are hereby directed to inquire into the condition, efficiency and available strength of the military forces of the State; and to report to the Senate at the earliest practicable day, what legislation, if any, is necessary to render that branch of the Government fully effective for any exigency that may arise, and if requisite, that the said committee report a bill to raise ten millions of dollars to properly arm the State.

Mr. P. P. Murphy moved to refer said resolutions to the select committee to be appointed under the resolution of Mr. Hillhouse.

Mr. Truman moved to amend, that the Senate now go into committee of the whole on said resolutions.

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Grant

FOR THE AFFIRMATIVE.

Truman

The President then put the question whether the Senate would agree to said motion of Mr. P. P. Murphy, and it was decided in the affirmative.

By unanimous consent, Mr. Colvin offered the following preamble and resolutions:

Whereas, differences exist between the States, composing the United States, in regard to the manner in which persons held to service or labor in one State, under the laws thereof, and escaping into another, should be arrested and delivered up, under the Federal Constitution; and,

Whereas, differences also exist, with respect to the rights of the States in the common Territories of the United States; and,

Whereas, the Constitution of the United States, is, we believe, the most perfect system of government yet devised, for the general welfare of a nation, and no necessity now exists for its amendment; and,

Whereas, the people of New York are faithful to the Constitution, and determined to uphold it, in its integrity;

Therefore, The people of the State of New York, in Senate and Assembly convened, do resolve as follows:

Resolved, That the existing fugitive slave act is unwise, if not unconstitutional, and should be radically changed. The general government should be relieved from responsibility for the rendition of persons held to service or labor in one State, under the laws thereof, and escaping into another, and the duty of delivering up such persons should, upon demand made, be required of the States into which such persons may escape, in the same manner as fugitives from justice are demanded and delivered up; and should the fugitive slave act be so changed, we pledge the State of New York, to the faithful execution of the same.

Resolved, That refusal to comply with such a fugitive slave act would. be a violation of a plain Constitutional duty, and subject the State refusing compliance, to the penalties incident to resistance to the Constitution of the United States, and the laws thereof; and such refusal would justify Congress in permitting the States where persons are held to service, under the laws thereof, to lay duties on exports, and duties of tonnage against the States refusing execution of such fugitive slave act; and would also justify Congress in permitting such States to enter into agreements or compacts with each other, for mutual protection, under article 1, section 10, subdivision 2 of the Constitution of the United States.

Resolved, That the Territories of the United States are the common property of the people of the United States, in the same way, and to the same extent, as the several States, which together form the United States, are the common property of the people thereof, under the Federal Con-titution; and, that, when citizens of the United States emigrate to such Territories, they do not carry with them the laws or Constitution of the State from which they depart; but upon settlement in said Territories, they subject themselves, and their property, to such general laws as are applicable to, or exist, alike, in all the States, and to such particular laws as the Legislature of the Territory may, from time to time pre-cribe. That domestic slavery, which does not exist by the laws of all the States, is subject to the action of the Territorial Legislature with respect thereto, in the same way, as the Legislature of the Territory may act generally, upon other domestic relations, such as master and apprentice, or parent and child.

Resolved, That, for a final settlement of the Slavery question in the Territories, now belonging to the United States, or which may be hereafter acquired, the people of the State of New York, do consent and agree, that the people of the Territories shall, in their legislative assemblies, determine for themselves the character of their domestic institutions, including slavery; and that Congress shall not, under any pretence whatever, interfere therein to prohibit it, or establish, oppose or protect the same; and that when the number of the inhabitants of any Territory shall justify admission, such Territory may, under a Constitution formed with or without domestic slavery, as it may determine, be admitted into the Union upon terms of equality with the other States.

Resolved, That the Governor be requested to transmit copies of these resolutions to our Senators and Representatives in Congress, and also to the Governors of the several States, with the request that they may be laid before the Legislatures thereof.

Ordered, That said resolutions be laid on the table.

Mr. Truman presented a petition of citizens of Tioga county, for the extension of the Chenango canal, which was read and referred to the committee on canals.

Mr. J. M. Murphy presented a petition of Maria Murphy, praying for the release of certain lands in the city of New York, which was read and referred to the committee on the judiciary.

Mr. Ramsey presented a petition of Wm. M. Evarts, Wm. Curtis Noyes and others, for increase of the judicial force in the city of New York, which was read and referred to the committee on the judiciary.

Mr. J. M. Murphy gave notice that he would at an early day ask leave to introduce a bill for the relief of insolvent debtors, and for the more equal distribution of their effects.

Mr. Lawrence gave notice that he would at an early day ask leave to introduce a bill to repeal chapter 375 of laws of 1840, entitled "An act more effectually to protect the free citizens of this State from being kidnapped, or reduced to slavery."

Mr. Lawrence gave notice that he would at an early day ask leave to introduce a bill relative to the provisions of an act entitled "An act to authorize the formation of a turnpike road company in the town of Newtown, Queens county, passed April 16, 1857."

Mr. Grant gave notice that he would at an early day ask leave to introduce a bill to repeal chapter 410 of the Session Laws, passed April 14, 1860, entitled "An act in relation to capital punishment, and to provide for the more certain punishment of murder."

Mr. Goss gave notice that he would at an early day ask leave to introduce a bill to repeal an act entitled "An act in relation to capital punishment, and to provide for the more certain punishment of the crime of murder."

Mr. Goss gave notice that he would at an early day ask leave to introduce a bill to amend the 53d section of the Code, increasing the jurisdiction of justices of the peace.

Mr. Goss gave notice that he would at an early day ask leave to introduce a bill conferring upon boards of supervisors additional powers of local legislation.

Mr. Goss gave notice that he would at an early day ask leave to introduce a bill to amend an act entitled "An act fixing the fees of justices of the peace, in civil and criminal cases."

Mr. Goss gave notice that he would at an early day ask leave to introduce a bill to prohibit cattle from running at large on the highways in the town of Brighton.

Mr. Connolly gave notice that he would at an early day ask leave to introduce a bill in relation to assessments for improvements in the city of New York, in certain cases.

Mr. Manierre gave notice that he would at an early day ask leave to introduce a bill to promote and encourage the efficiency of officers in the militia, by limiting the term of office therein.

Mr. Manierre gave notice that he would at an early day ask leave to introduce a bill to repeal an act entitled "An act to authorize the construction of a railroad in Seventh avenue, and in certain other streets and avenues of the city of New York, passed April 17, 1860."

Mr. Manierre gave notice that he would at an early day ask leave to introduce a bill to repeal an act entitled "An act to confirm a grant or resolution of the common council of the city of New York, authorizing the construction of a railroad in certain streets and avenues in said city, and to authorise the construction of said railroad, passed April 14, 1860.

Mr. Manierre gave potice that he would at an early day ask leave to introduce a bill to repeal an act entitled "An act to authorize the construction of a railroad in Fourteenth street, and in other streets and avenues of the city of New York, passed April 17, 1860.”

Mr. Manierre gave notice that he would at an early day ask leave to introduce a bill to repeal an act entitled "An act to authorize the construction of a railroad in Avenue D, East Broadway, and other streets and avenues of the city of New York, passed April 17, 1860."

Mr. Manierre gave notive that he would at an early day ask leave to introduce a bill to repeal an act entitled "An act to authorize the construction of a railroad track on South, West, and certain other streets in the city of New York, passed April 17, 1860."

Mr. Manierre gave notice that he would at an early day ask leave to introduce a bill to repeal an act entitled "An act to authorize the construction of a railroad in Tenth avenue, Forty-second street, and certain other avenues and streets of the city of New York, passed April 17, 1860."

Mr. Fiero gave notice that he would at an early day ask leave to introduce a bill authorizing the town of Ossining, in the county of Westchester, to raise money by bond.

Mr. Warner gave notice that he would at an early day ask leave to introduce a bill to confirm the acts of notaries public.

Mr. Truman gave notice that he would at an early day ask leave to introduce a bill for the extension of the Chenango canal, from its present termination at Binghamton, to the Pennsylvania line.

Mr. Truman gave notice that he would at an early day ask leave to introduce a bill providing for the setting of posts for rope ferries.

Mr. Manierre gave notice that he would at an early day ask leave to introduce a bill to establish a Nautical school, in the city of New York. Mr. Manierre gave notice that he would at an early day ask leave to introduce a bill to incorporate the People's Savings bank, in the city of New York.

Mr. Ramsey gave notice that he would at an early day ask leave to introduce a bill in regard to divorces dissolving the marriage contract.

Mr. Lapham gave notice that he would at an early day ask leave to in troduce a bill making the office of county clerk, in the county of Clinton, a salaried office.

Mr. Spinola gave notice that he would at an early day ask leave to introduce a bill to repeal chapter 516 of Laws of 1860, in regard to West Washington market, and other property, in the city of New York.

Mr. Bell gave notice that he would at an early day ask leave to intro

duce a bill to amend an act entitled "An act to secure to creditors a just division of the estates of debtors who convey to assignees for the benefit of creditors, passed April 13, 1860."

Mr. Spinola gave notice that he would at an early day ask leave to introduce a bill to amend chapter 444 of the Laws of 1860.

Mr. Colvin gave notice that he would at an early day ask leave to introduce a bill declaratory of the right of the jury in the trial of cases for crime.

Mr. Sessions gave notice that he would at an early day ask leave to introduce a bill for the relief of the heirs of Benjamin F. Green.

By unanimous consent, Mr. Goss asked and obtained leave to introduce a bill entitled "An act to authorize Henry Billinghurst and William C. Rowley to apply to the surrogate of Monroe county for leave to sell the real estate of S. Marvin Hughes, deceased," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Goss, and by unanimous consent, the rules were suspended, and said bill read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majortty of all the members elected to the Senate voting in favor thereof, as follows:

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

Mr. Fiero offered the following resolution:

Resolved, (if the Assembly concur,) That the Senate and Assembly will adjourn, Thursday, the 4th inst., until Monday next at 7 o'clock P. M.

On motion of Mr. Fiero, and by unanimous consent, the rule was suspended, that said resolution might be considered immediately.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Ordered, That the Clerk deliver said resolution to the Assembly, and request their concurrence therein.

Mr. Montgomery offered the following resolution:

Resolved, That the Clerk shall not be authorized, under the resolution heretofore adopted, to transmit through the mails at public expense, any document the postage on which shall exceed twenty cents.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

On motion of Mr. Spinola, the Senate adjourned.

THURSDAY, JANUARY 3, 1861.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Dyer.

The journal of yesterday was read and approved.

A message was received and read from his Excellency the Governor, in

the words following, to wit: