to introduce a bill entitled "An act to authorize the Metropolitan Transit Company to construct certain railroads in the city of New York" which was read the first time, and by unanimons consent was also read the second time, and referred to the committee on railroads.

Mr. Hoyt offered for the consideration of the House a preamble and resolutions, in the words following, to wit:

Whereas, it is desirable that all the States should be restored to their normal condition in the Union at an early day as practicable, upon the basis of justice, equality and right; and whereas, we recognize Congress as the only department of the government having full power to secure this end; therefore,

Resolved (if the Senate concur), That when the States lately in rebellion shall have ratified the proposed constitutional amendment, and shall have framed their State constitutions, recognizing the principles contained therein; and shall have respectively submitted the same to the people for their ratification, and to Congress for approval; after such ratification and approval, it will then become the duty of Congress to restore such States to all their rights under the Union, including that of representation; provided, always, they elect loyal men as their representatives.

Resolved, That His Excellency the Governor be requested to forward copies of these resolutions to each of the Senators and Representatives in Congress from this State.

Ordered, That said resolutions be referred to the committee on Federal relations.

On motion of Mr. Parker,

Resolved, That the committee on insurance companies be increased to seven members.

On motion of Mr. Lockwood,

Resolved, That the Clerk be directed to send by express such public documents as the members may desire to have transmitted, the postage upon which exceeds thirty cents, where the express charge does not exceed that sum.

On motion of Mr. Jacobs,

Resolved, That the contract entered into between the State and the public printer, be immediately printed and placed upon the files of the members, officers and reporters of the House.

Mr. Keady offered for the consideration of the House a resolution, in the words following, to wit:

Resolved, That the committee on public health and medical colleges and societies be, and they are hereby, instructed and directed to make a thorough examination into the present condition of tenement houses in the cities of New York and Brooklyn, and report thereon to this House by bill or otherwise, suggesting such improvements as may be deemed necessary for the better protection of life and health.

Said resolution giving rise to debate,

Ordered, That the same be laid on the table.

On motion of Mr. Harrington,

Resolved, That the committee on the affairs of villages, be authorized to employ a clerk.

On motion of Mr. Ballard,

Resolved, That so much of the Governor's message as relates to the establishment of additional normal schools, be referred to the committee on colleges, academies and common schools.

Mr. Havens moved that the annual message of the Governor be

made a special order for Wednesday evening next at 7 o'clock, and that a special session be held at that time for that purpose.

Mr. Speaker put the question whether the House would agree to said motion, and it was determined in the negative; two-thirds of all the members present not voting in favor thereof.

Mr. Stiles offered for the consideration of the House a resolution, in the words following, to wit:

Resolved, That the committee on banks be authorized to employ a clerk.

Mr. Weed moved that said resolution be referred to the committee on the revision of the rules.

Mr. Speaker put the question whether the House would agree to said motion of Mr. Weed, and it was determined in the affirmative.

On motion of Mr. Crandall,

Resolved, That the papers on file relative to the claim of Arba Shoop, for loss of canal boat on the Genesee Valley canal, be taken therefrom, and referred to the committee on claims.

On motion of Mr. Crandall,

Resolved, That the papers on file relative to the claim of Horace W. Smith, for canal damages, be taken therefrom, and referred to the committee on claims.

Mr. Speaker presented the annual report of the State Treasurer; which was laid on the table and ordered printed.

(See Doc. No. .)

The House then resolved itself into a committee of the whole on the annual message of the Governor; and after some time spent therein, Mr. Havens, from said committee, reported as follows: "The committee of the whole have had under consideration the annual message of the Governor, have made some progress in the same, but not having gone through therewith, have instructed the chairman to report that fact to the house, and ask leave to sit again."

The question being on granting leave,

Mr. Havens move to amend said report, by striking out all after the word "House" and inserting the words " and ask that the said message be made a special order for Wednesday evening, January 16, at 71 o'clock, and that a special session be held at that time for that purpose. Mr. Millspaugh moved to strike out the words "Wednesday evening, January 16," and insert in lieu thereof the words "Tuesday evening, January 22."

Mr. Speaker put the question whether the House would agree to said motion of Mr. Millspaugh, and it was determined in the affirmative.

Mr. Speaker then put the question whether the House would agree to said motion of Mr. Havens, as amended, and it was determined in the affirmative.

Mr. M. C. Murphy moved that the committee on Federal relations be discharged from the further consideration of the resolution offered by him January 3, relative to the neutrality laws.

Mr. Speaker put the question whether the House would agree to said motion, and it was determined in the negative.

Mr. Speaker announced the appointment of John Platt, as messenger for the engrossing room.

On motion of Mr. Weed, at 12 o'clock and 47 minutes the House adjourned.

THURSDAY, JANUARY 10, 1867.

The House met pursuant to adjournment.

Prayer by Rev. Mr. Dyer.

The minutes of yesterday were read and approved.

Mr. Speaker (Mr. D. P. Wood in the chair) presented the annual report of the Canal Commissioners; which was laid on the table and ordered printed.

(See Doc. No. 7.)

Also, the annual report of the Superintendent of the Onondaga Salt Springs for the year 1866; which was laid on the table and ordered printed.

(See Doc. No. .)

A message from the Senate was received and read, informing of concurrence in the passage of the bill entitled as follows:

"An act to amend an act entitled 'An act to incorporate the Oswego Water Works Company,' passed May 4, 1863."

Ordered, That the Clerk deliver said bill to the Governor.

Mr. H. Smith presented a petition of members of the Capital Police force, for an amendment of the act creating the Capital Police, increasing their salary, which was read and referred to the committee on the affairs of cities.

Mr. Button presented a petition of. inhabitants of Ellicottville, to legalize proceedings of special town meeting, which was read and referred to the committee on the internal affairs of towns and counties.

Mr. Reynolds presented a petition of citizens of Saratoga connty, for amendment to the highway laws of the State, which was read and referred to the committee on roads and bridges.

Mr. W. S. Clark presented a petition of citizens of Schoharie county,

for State aid to the Albany and Susquehanna railroad, which was read and referred to the committee on ways and means.

Mr. Archer presented the petition of Col. Joseph W. Corning, for expenses incurred in raising the 194th regiment of New York volunteers, which was read and referred to the committee on the militia and public defence.

Also, the petition of Marvin Rich, for payment of damages caused by a break in the Erie canal, which was read and referred to the committee on claims.

Mr. Roberts presented a petition relative to Waterville Cemetery Association, which was read and referred to the committee on charitable and religious societies.

Mr. Fiske presented the petition of Certes Higby, for appraisal and payment of damages by break in Black River canal, which was read and referred to the committee on claims.

Mr. Bicknell presented the petition of Eliza Jane Wallace, for an act releasing to the devisees of James Wallace, an alien, the title to lands in Truesville, St. Lawrence county, which was read and referred to the committee on the petitions of aliens.

Mr. Duntz presented a petition of supervisors of Clinton county, for transfer of indigent children of county to Hudson Relief and Orphan Asylum, which was read and referred to the committee on charitable and religious societies.

Mr. Weed presented a petition of citizens of Black Brook, for the relief of Whitehall and Plattsburg railroad, which was read and referred to the committee on ways and means.

Mr. Keady presented a petition for incorporation of the Germania Savings Bank, Brooklyn, which was read and referred to the committee on banks.

Mr. Wooster presented a petition of Troy Catholic Orphan Asylum, for State aid, which was read referred to the committee on ways and

means.

Mr. Juliand presented a petition to increase the salary of school commisioners, which was read and referred to the committee on colleges, academies and common schools.

Mr. Shiland presented a petition on the same subject, which was read and referred to the same committee.

Mr. Gibbs presented a petition of members of the bar, executive officers and magistrates of Delaware county, for the passage of an act embracing fees in a single chapter, which was read and referred to the committee on the judiciary.

Mr. Travis presented the petition of F. B. Fisher, in favor of granting the Metropolitan Transit Company the right to construct their proposed railway, which was read and referred to the committee on railroads.

Messrs. Frear and Reed presented petitions on the same subject, which were read and referred to the same committee.

Mr. Minier presented a petition for damages on account of flowing water and other causes, which was read and referred to the committee on claims.

Mr. Lord presented the petition of Julia Conners, for relief, and to confirm title to real estate, which was read and referred to the committee on the petitions of aliens.

Mr. Roberts presented the petition of E. H. Pritchard, for relief, which was read and referred to the committee on claims.

Mr. Purdy presented a petition of Abraham Hatfield and others, for

reduction, and fix compensation of town officers in the town of Westchester, Westchester county, which was read and referred to the committee on the judiciary.

Mr. Ballard, from the committee on colleges, academies and common schools, to which was referred the bill entitled "An act to establish a board of education in and for the village school district of the town of Malone, in the county of Franklin, and for other purposes," reported in favor of the passage of the same, with amendments; which report was agreed to, and said bill committed to the committee of the whole.

Mr. Ballard, from the committee on colleges, academies and common schools, to which was referred the bill entitled "An act in relation to the Normal Schcol located at Potsdam, pursuant to chapter 466 of Laws of 1866, and to levy a tax upon the town of Potsdam, for the purposes thereof," reported in favor of the passage of the same; which report was agreed to, and said bill committed to the committee of the whole.

Mr. Ballard, from the committee on colleges, academies and common schools, to which was referred the bill entitled "An act to amend an act entitled 'An act to incorporate the Vassar Female College,' passed January 28, 1861," reported in favor of the passage of the same; which report was agreed to, and said bill committed to the committee of the whole.

Mr. Ballard, from the committee on colleges, academies and common schools, to which was referred the bill entitled "An act to amend an act entitled 'An act to create a board of public instruction in the city of Albany; to establish free schools therein, and amendatory of the several acts relating to the district schools in said city,' passed April 7, 1866," reported in favor of the passage of the same, with amendments; which report was agreed to, and said bill committed to the committee of the whole.

Mr. H. Smith, from the committee on the judiciary, to which was referred the bill entitled "An act to authorize the supervisors of the county of Albany to borrow money on the credit of the county," reported in favor of the passage of the same; which report was agreed to, and said bill committed to the committee of the whole.

Mr. Bruce, from the committee on Federal relations, to which was referred the Senate concurrent resolution ratifying an amendment to the Constitution of the United States, reported in favor of the passage of the same, in the words following, to wit:

Whereas, at the session of the 39th Congress, it was resolved by the Senate and House of Representatives of the United States of America, in Congress assembled (two-thirds of both houses concurring), that the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid to all intents and purposes as a part of the said Constitution, viz:

"Article 14.

"SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

"§ 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right [ASSEMBLY JOURNAL.]

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