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tors, and also on all public documents sent out by Senators and officers during the session, the postage on any one document not to exceed forty cents; and also to send by express any document costing over forty

cents.

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

Mr. Lewis moved that the Senate go into committee of the whole upon the bill entitled as follows:

"An act to amend an act entitled 'An act to revise the charter of the city of Buffalo,' passed April 28, 1870."

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of said entitled bill.

After some time spent therein, the hour of 12 o'clock having arrived, the President resumed the chair, and the Senate went into executive session.

After which, the Senate, in committee of the whole, resumed the consideration of the bill pending at the hour of 12 o'clock.

After some time spent therein, the President resumed the chair, and Mr. Woodin, from said committee, reported in favor of the passage of said named bill, without amendment, which report was agreed to and said bill ordered engrossed for a third reading.

The Assembly sent for concurrence a resolution in the words following, to wit:

IN ASSEMBLY, January 3, 1871. Resolved (if the Senate concur), That when this House adjourn on Thursday next it adjourn to meet on Tuesday morning next, at 11 o'clock

A. M.

Unanimous consent being given for the consideration of said resolution, Mr. Woodin moved to amend by striking out the words "this House," and inserting "Legislature" in lieu thereof. Also strike out "11 o'clock A. M.,' " and insert in lieu thereof "7:30 P. M."

Mr. Benedict moved to further amend by striking out "Tuesday," and inserting "Friday" in lieu thereof.

The President put the question whether the Senate would agree to said motion of Mr. Benedict to amend, and it was decided in the negative. The President put the question whether the Senate would agree to said motion of Mr. Woodin 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 amendments.

Mr. Benedict presented the petition of J. O'Donovan Rosa praying for the seat of the Senator from the fourth Senatorial district, which was read and referred to the committee on privileges and elections.

Also, a memorial of the executive committee of the committee of citizens, tax-payers of the city and county of New York, in reference to the recent election in the fourth Senate district of the State of New York, praying that the seat of William M. Tweed be vacated, and a new election ordered, which was read and referred to the committee on privileges and elections.

Also, a memorial of electors of the fourth Senatorial district, praying for the expulsion of William M. Tweed from the Senate, which was read and referred to the committee on privileges and elections.

Mr. Woodin called for the consideration of the concurrent resolutions offered by him yesterday, as follows:

Whereas, The Legislature of the State of New York, at its annual session in 1870, adopted a preamble and resolution in the words and figures following, to wit:

"Whereas, At the last session of the Legislature of this State a preamble and concurrent resolution were adopted in the words and figures following, to wit:

"Whereas, At the session of the fortieth 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 shall be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which amendment, when it shall have been ratified by three-fourths of the said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely:

"ARTICLE FIFTEEN.

"§ 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.

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§2. The Congress shall have power to enforce this article by appropriate legislation.

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

"And whereas, The proposed Fifteenth Amendment, above recited, has not been ratified by the Legislatures of three-fourths of the several States, and has not become a part of the Constitution of the United States; and whereas the State of New York, represented in the Legisla ture here now assembled, desire to withdraw the consent expressed in the above recited concurrent resolutions;

"Now, therefore, be it Resolved (if the Assembly concur), That the above recited concurrent resolution be, and it is hereby repealed, rescinded, and amended.

"And be it further Resolved (if the Assembly concur), That the Legislature of the State of New York refuse to ratify the above recited proposed Fifteenth Amendment to the Constitution of the United States, and withdraw absolutely any expression of consent heretofore given thereto or ratification thereof.

"Be it further Resolved (if the Assembly concur), That the Governor be requested to transmit a copy of these resolutions and preamble to the Secretary of State of the United States at Washington, and to every member of the Senate and House of Representatives of the United States, and the Governors of the several States."

And whereas, The said preamble and resolution were transmitted to and are now on file in the Department of State at Washington, purporting to withdraw the assent of the people of the State of New York to the Fifteenth Amendment to the Federal Constitution, previously given by the Legislature of this State, to which said amendment had been regularly proposed; and whereas the action of the Legislature of 1870, in

entertaining and adopting the said preamble and resolution, is deemed an unwarranted assumption of authority over a subject-matter not within its prerogatives.

And whereas, It is desirable that the record of the State of New York shall be clear and unequivocal in favor of the said Fifteenth Amendment, therefore,

Resolved (if the Assembly concur), That the preamble and resolutions. adopted by the Legislature of this State in 1870, purporting to withdraw the assent of the people of this State previously given to the Fifteenth Amendment of the Federal Constitution, be and the same are hereby rescinded.

Resolved (if the Assembly concur), That the Secretary of the Department of State at Washington be and he is hereby requested (if not inconsistent with the rules and regulations of his Department) to return to the Governor of this State the preamble and resolutions of the Legislature of this State, passed in 1870, and now on file in his office, which purport to withdraw the assent of the people of this State to the adoption of the Fifteenth Amendment of the Federal Constitution.

Resolved (if the Assembly concur), That the Governor be and he is. hereby requested to transmit a copy of this preamble and the resolutions accompanying the same to the Secretary of State of the United States. The President put the question whether the Senate would agree to said resolutions, and it was decided in the affirmative, as follows:

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When the name of Mr. Hardenbergh was called, he asked to be excused from voting.

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

Whereupon he voted in the negative.

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

By unanimous consent, Mr. Wagner asked and obtained leave to introduce a bill entitled "An act to legalize and confirm the election of Harrison Clute, as superintendent of the poor of the county of Schenectady," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Bowen asked and obtained leave to introduce a bill entitled "An act to incorporate the Batavia Library Association, and appropriating money thereto," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

On motion of Mr. Hardenbergh, the Senate adjourned.

THURSDAY, JANUARY 4, 1872.

The Senate met pursuant to adjournment.

Prayer by the Rev. Dr. Clark.

The journal of yesterday was read and approved.
The Clerk announced the following appointments:
Deputy Clerk-Henry A. Glidden, of Orleans county.
Journal Clerk-Charles R. Dayton, of Suffolk county.
Engrossing Clerk-W. W. Pierson, of Westchester county.
Executive Clerk-Moses Rich, of St. Lawrence county.
Librarian-L. L. Kane, of Herkimer county.

Assistant Librarian-De Forest N. Parker, of Cattaraugus county. Mr. Benedict, from the select committee consisting of the Senators from New York city, to which was referred the petition of Andrew H. Green, comptroller of said city, relative to the financial condition of said city, reported by bill entitled "An act conferring power on the comptroller of the city of New York," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Benedict moved that the Senate now resolve itself into a committee of the whole upon said bill.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of said bill.

After some time spent therein, the President resumed the chair, and Mr. Palmer, from said committee, reported progress on said bill, and asked and obtained leave to sit again.

Mr. Robertson offered the following:

Resolved, That the 21st subdivision of rule 17, be amended so as to read as follows: "On affairs of cities, to consist of seven members." The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Mr. Robertson presented a petition of Joseph Raymond, for inquiry into the expediency of enacting certain laws for the government of the counties of New York, Kings, Westchester and Richmond; which was read and referred to the committee on municipal affairs.

The Assembly returned the concurrent resolution relative to adjourn- · ment, with a message that they had concurred in the amendments of the Senate thereto.

Mr. Madden gave notice that he would, at an early day, ask leave to introduce a bill to repeal chapter 907, Laws of 1869, entitled "An act to amend an act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April 2, 1850, so as to permit municipal corporations to aid in the construction of railroads. Mr. Woodin offered the following:

Resolved, That the following Senators be and are hereby appointed members of the standing committees of the Senate for 1872, viz.:

Claims-Messrs. Bowen and Dickinson.

Finance-Messrs. D. P. Wood, Lowery, Winslow and Adams.
Judiciary-Messrs. J. Wood, Robertson, Ames and Allen.

Militia-Messrs. Harrower and J. Wood.

Canals-Messrs. Lewis, Chatfield, Baker and McGowan.
Railroads-Messrs. Madden, Baker, Wagner and Foster.
Roads and Bridges-Messrs. Chatfield and Dickinson.
Literature-Messrs. Benedict and Bowen.

State Prisons-Messrs. Ames and Harrower.
Banks-Messrs. Winslow and Adams.

Insurance-Messrs. Perry and Winslow.

Erection and Division of Towns and Counties-Messrs. Foster and Madden.

Agriculture-Messrs. McGowan and Harrower.

Commerce and Navigation-Messrs. Robertson, Graham, Weisman and Lewis.

Manufactures-Messrs. Lowery and Harrower.

Public Health-Messrs. Weisman and Chatfield.

Privileges and Elections-Messrs. Allen and Perry.

Engrossed Bills-Messrs. Woodin, Benedict, D. P. Wood and Bowen. Indian Affairs-Messrs. Dickinson and Allen.

Public Expenditures-Messrs. Wagner and J. Wood.

Affairs of Cities-Messrs. Palmer, Perry, Benedict, Adams and Chatfield.

Public Buildings-Messrs. Adams and Weisman.

Poor Laws-Messrs. Foster and Ames.

Charitable and Religious Societies-Messrs. Baker and D. P. Wood.
Retrenchment-Messrs. Graham and Madden.
Grievances-Messrs. Chatfield and Wagner.
Salt-Messrs. Foster and McGowan.
Internal Affairs-Messrs. Graham and Ames.
Printing-Messrs. Bowen and Palmer.
Villages-Messrs. Dickinson and Bowen.

Joint Library-Messrs. Adams and Benedict.

Mr. Bowen 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 negative.

Mr. Bowen moved to amend said resolution by striking his name from the committee on claims.

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

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

Mr. Palmer offered the following:

Resolved, That the vacancies on the several committees be filled by the President of the Senate.

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

Mr. Foster offered the following:

Resolved, That Frank P. Tuppe be and he is hereby appointed Stenographer of the Senate.

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

On motion of Mr. Woodin, the Senate adjourned.

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