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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.

"SEC. 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 to vote at any election for the choice of electors for President and VicePresident of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridge, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

"SEC. 3. No person shall be a Senator or representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.

"SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

"SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Therefore, Resolved, (if the Assembly concur,) That the said proposed amendment to the Constitution of the United States, be and the same is hereby ratified by the Legislature of the State of New York.

Mr. Low moved that said resolution be referred to a committee of three for revision and correction, with instructions to report to-morrow morning immediately after the reading of the journal, and that they be made a special order at that hour.

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

The President appointed as such committee, Messrs. Williams, Low and H. C. Murphy.

Mr. Folger called for the consideration of the resolution offered by him, as follows:

Resolved, That the Senate will on the day of January, instant, at o'clock in the afternoon, commence the hearing of the arguments in the case of the County Judge of Oneida county, and will continue such session from day to day, at that hour, until the matter is disposed of, or until otherwise ordered.

Mr. Sessions moved that the time be fixed to-morrow, after the special order already made shall be disposed of.

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

The President then put the question whether the Senate would agree to said resolution as amended, and it was decided in the affirmative. Mr. Folger moved that the Clerk be directed to cause a copy of the foregoing resolution to be served personally upon the counsel for respondent.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, Messrs. Havens and Williams, a committee om the Assembly, appeared and announced that that body was organized and ready to proceed to business.

The President announced the following appointments:

Assistant postmaster, John F. Mines; Keeper Senate chamber, Nathaniel Goodwin; Janitor, E. C. Lee; President's messenger, Louis G. Brown; Postoffice messenger, Lewis D. Woodruff; Sergeant-at-arms, John W. Hannan; Pages, first half of the session, Wm. H. Johnson, Robert Stafford, Henry Davis, George Luby, Frank McGlashan; second half of the session, C. Van Valkenburgh, Wm. Clark, J. Bigley, Robert J. Rickers, Thomas McLean.

By unanimous consent, Mr. Humphrey asked and obtained leave to introduce a bill entitled "An act to extend the time for the collection of the special bounty tax in the town of York, in the county of Livingston, and to authorize John W. Howe to. collect the balance of said tax remaining uncollected, with interest thereon," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

On motion of Mr. Kline, the Senate adjourned.

THURSDAY, JANUARY 3, 1867.

The Senate met pursuant to adjournment. Prayer by Rev. Mr. Selkirk.

The journal of yesterday was read and approved.

Mr. Williams, from the select committee to whom was referred the resolution in regard to the proposed amendment to the Constitution of the United States, for revision and correction, reported that they had carefully compared the copy of such proposed amendment inserted in the said resolution with the certified copy transmitted by the Governor to the Legislature, and made the same to conform in all respects to the certified copy of such amendment so transmitted by the Governor, as follows:

Whereas, At a session of the Thirty-ninth 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, namely:

"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 [SENATE JOURNAL.]

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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.

"SEC. 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 to vote at any election for the choice of electors for President and VicePresident of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridge, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

"SEC. 3. No person shall be a Senator or representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.

"SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

"SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Therefore, Resolved, (if the Assembly concur,) That the said proposed amendment to the Constitution of the United States, be and the same is hereby ratified by the Legislature of the State of New York.

After debate,

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

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H. C. Murphy

Sutherland

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

The Senate then proceeded to the consideration of the special order, being the hearing of arguments in the case of the County Judge of Oneida county.

Mr. Folger offered the following resolution:

Resolved, That one counsel for the prosecution be heard in opening the case for the people, and that one or two counsel be heard for the respondent in reply, and that one counsel for the prosecution be heard in conclusion; and that on the 9th day of January, instant, at 3 o'clock P. M., be fixed as the time for the commencement of the argument, and that the further consideration of the case continue from day to day at that hour, until the matter is concluded or until otherwise ordered; and that the Senate will hold a special session at such time for that purpose.

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

Mr. Folger presented a petition of certain citizens of New York city, for the expulsion of Senator Charles G. Cornell; which was read and referred to the committee on the judiciary.

Mr. Nicks presented a petition of Ovid Plumb and others, for canal damages; which was read and referred to the committee on claims.

Mr. Crowley presented a petition of Robert Sterling, for relief; which was read and referred to the committee on the judiciary.

A message from the Assembly was received and read, in the words following:

IN ASSEMBLY, JAN. 3, 1867. Resolved, (if the Senate concur,) That when the Legislature adjourns this day, it adjourn to meet on Tuesday morning next, at 11 o'clock. LUTHER CALDWELL, Clerk.

By order,

Mr. Low moved that the rule be suspended, and that said resolution be now considered.

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

Mr. Low moved to postpone the consideration of said resolution for half an hour.

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

Mr. Gibson gave notice that he would, at an early day, ask leave to introduce a bill to establish a Metropolitan harbor district and a board of wharves and piers.

Also, a bill for the inspection, visitation and control of private lunatic asylums.

Mr. Nicks gave notice that he would, at an early day, ask leave to introduce a bill to amend the act for the relief of the heirs of Matthew Sayre, deceased.

Mr. Parsons gave notice that he would, at an early day, ask leave to introduce a bill to repeal so much of the Laws relative to the contract system of repairing the canals, and to provide for the repairs of the

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Mr. Crowley gave notice that he would, at an early day, ask leave to introduce a bill to amend section 15, of title 6, of chapter 1, of part first of the Revised Statutes, in relation to severing and carrying away from any freeholder any property, &c.

Mr. Kline, gave notice that he would, at an early day, ask leave to introduce a bill in relation to joint debtors and creditors.

Also, a bill for the better protection of Dry Dock owners.

Mr. E. Cornell gave notice that he would, at an early day, ask leave to introduce a bill to amend and extend "An act for the better protection of seamen in the port and harbor of New York, passed March 21, 1866." Mr. Folger gave notice that he would, at an early day, ask leave to

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introduce a bill to provide for placing upon record prima facie evidence of the title to real estate in the heirs-at-law of a person dying intestate. Mr. Low gave notice that he would, at an early day, ask leave to introduce a bill to establish a Metropolitan board of public works.

Mr. Sessions gave notice that he would, at an early day, ask leave to introduce a bill to give additional power to legislative investigating committees.

In pursuance of previous notice, Mr. Stanford asked and obtained leave to introduce a bill entitled "An act to repeal an act entitled 'An act prohibiting the issue of free passes on the railroads of this State,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

In pursuance of previous notice, Mr. Low asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to supply the village of Middletown with water for public and private purposes,"" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

In pursuance of previous notice, Mr. Wolcott asked and obtained leave to introduce a bill entitled "An act to reduce the expense of maintaining prisoners supported by the county of Oswego," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

In pursuance of previous notice, Mr. Sessions asked and obtained leave to introduce a bill entitled "An act to abolish the board of excise of Chautauqua county, and confer their authority upon the justices of the peace of said county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

Mr. Folger moved to reconsider the vote postponing the consideration of the concurrent resolution from the Assembly relative to adjournment. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. H. C. Murphy moved to amend said resolution so as to read as follows:

"That when the Assembly adjourns this day, it adjourn to meet on Tuesday morning, at 11 o'clock, and that when the Senate adjourns tomorrow, it adjourn to the same time."

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

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

Ordered, That the Clerk return said resolution to the Assembly, with a message informing that the Senate have concurred in the passage of the same, with an amendment.

Mr. Gibson offered the following resolution:

Resolved, That there be two Senators added to the several committees on municipal affairs, on railroads, and on commerce and navigation. Mr. Andrews moved to lay said resolution upon the table.

The President put the question whether the Senate would agree to said motion to lay on the table, and it was decided in the affirmative. The Assembly returned the concurrent resolution relative to adjournment, with a message that they had concurred in the amendment of the Senate thereto.

On motion of Mr. Lent, the Senate adjourned.

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