New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-02-04
THE GREAT AMENDMENT.
Progress or Rattle tion.
NEW-YOkK.

Progress or Rattle alton.
NBw-YORK.
| ALBANY. friday. Feb. 3. 1e65.
| The following is the vote Of the Assembly of
New.York On the resolution ratifying the action Of
Congress on the Slavery Prohibition Amendment;
YEas-Mcssrs AndIus, Angel. Bemis. BddIecom.
Bonham Brandreth. A. A. Gr"wn. j. w BroTn Brun'
CroweJ. FdgeItcn, Edwards, Go'ii'oy Gleason Grec,
ilasbrouck. 1Iols. Howard uuse. Humphrey. S. H.
Hinge lord Kellogg Lal BAN Lee, Ls" Losd, Nc
Parker, Pefird. Perry. Pitts. Post Ronks. Rsdding-
ton Heed Kichardson. Rogers. Rouse. Root, Sanford
Severance, sumter Shaw. shepard Sherman Speaker.
4. S. Snith. spear. SECURES. Stafford. stane-d Stew.
| art, Stionc T,lInplast. To.luan r"pif Van Burcp
Webster. " thur ward ard WoIh-72:
NAyS-Meigrs. Bookstaycr, BaEyrlt Hrrl't Barns,
! "copper" Cutting. Chapman. Crlmer, Elifidfr Fonda
Gimsham Ha'enheci, O. " IiungerioFd lngrnlag
KcsSan LanGnsr Ao9,tel Lyos'. nasy' MMG f,a
Rob- rso,. Salmon, Ssmmen. S.ebac.er, Shcrwaod
| Schultz, j. l.. Smith. St1nnsrd, Talnau, TWneS, Van
denee, Ncstlcr, Ward. Weaver and Millci-io.
| Mr.. Pcnirld the only Qsf ocrat voting in the
Affirmative.
Tie following is the vote Of the Senate on tho same
PROPOSITION:
YrAs-Mcssre. Allen, Amos, Angel Eail, y. Cole
Cook Cornell butcher. Foscr. Hosting Ho!i, Nobps
julian Laimbrer, Low, Strong and Williams.
NAYs-Mes,rs .llaber. Beach. Christie. Cozars.
Fiods Mlrrry SbIfcr aud Woodruff.
" hcn tie AUehamtHt 10 hbcIisn slavery ptS'tu
Assembly this afternoon. salute of hundred guns
| ves ,iIed ty or.sT Of Adjt Twin.
From Our Sgeciu ce..c-l cnlsn'.
AIRAgY rc5. J, ls65.
The solid Democratic vote in C. Senate yes
ierday against Re onstituiion Amendment was the
r. suit OF caucus or iaher OF two caucnse' at which
Il was resolved, not without much opposition 10 cast
s OF the party against tie Te ontioa' The The
o. Of the opposition crponnded By Senator MURPHY
was that the States had certain Ted rghis. amonS
Which VAS che r;ih to re- Mate TIER domestic nssiu
iions that te authority in NJ such matters ives p'ra
mount TO that Of the Federal Constitution ard that i'
power TO amend the Cors,i;uton prescribed in the H.
~ u:nent itself did include tie aat1n Of adars
rarely irterrel ard dor este by the votes q ohc'
States Mr.. MURPHY dvciai cd TIE iioa OF bdng
partizin or nn ero'o 1T for human Slavery sni -,
ofesscd the sito gsft dcsie II erIdcatcd. Int
-es,ed his Objections 10 g pro, osed measure solely
cpon the grc und that IL vi alton Of the orginG
fundamental conpa,t IN sp not In letter. In otLcs
words thnt n. rover encnd only arpie TO matter,
embraced IN ,xiichs terms IN The Constitution Itself
m amending tie Constitution OF the United S-ntss.
va runners did oIgiIa'y, do not act a. we 90 IN
ruending VI ~ Mig State Constitution. Thc former
merely rl,.,iag ooNgaof 81 uni"n OF S'at4-. i5s
after IL unlimited In Its G 'ater The States have
expressly e 10 esasc!s al powern not conferred
upon che United States and Iese we'd power there
fore oan be iGLen rom single State withoa; its con
.eDi In this resyec, the States Il nj as they Originally
did whoa tie Constitution GAINED, and fay sfnctd
neut taking away such 81 powers u ohy binding
upon those States which assent 10 H. Tho Con fitipn
declares that Itself should 10 bndily only In tbosc
states which ratly il. end mus, 7. be 10 regard "a
amendments u this character II al the st'ios consent
to such then tley looone biadng. no. -
furcc the clause of the Constitution prosdine cr
,nch amendments, Int by 70 on Of IS bong rev or
supplemented compact Tho clause Of the Constitution
authorizing amendments by H. forr;hs % thc SAFES
crcept IN two cose,-ors Prohibiting the slave trade
befrs 1904 and the other fixing the representation In
ss s.naeis unlimited In its 1t IL true. but 1t Is
nevertheless limited TO the ec.s embraced In The
Constitution In other words this power only operated
pon the subjects or pow conferred upon tic General
Government. Like oil other agreements oompecis.
TINT clause be IN reference 20 the subject
mater OF the strumeEt He admitted that the power
10 amend Was "a terms unliri,ei. but asked whether
my one vas prepared 10 contend that three fourbs q
tho States coad ~ an amend cat Of tie Cous,i.u!on.
make bigamy or Slavery lawful In the State OF New
York agninGt the wishes Of the people Uf tue State.
Every one win no. because these subjects
upon which no power vested N tho Federal Govern
ment by the Constitution. and therefore they cannot De-
acted upon by amendment Yet. II the powci to amend
is unlimited. they might do o. this
Mr. Bailey remarked that he had boped. When he Of.
frsd the resolution that Il would have passed without
a dissenting voice. But Slayey dies hnrd Nearly
dead for time pat. . fsieuds had bee bio to
preserve signd ofy'telty II il tho canse ~ MI
our woes but many esteem /, 10 divine that 10 power
exists TO touch it. Others profess willingness 10 SEQ
die provided its dissplut on Is voluntary or 1t lie
struck down by armies. These forget that Slavery
Is the creature Of law cad can only bc eradoated by
Jaws and tire Conittncn. 1t IL sGid that the people
cannot amend the COnsitu a. 10 abolish slavery
Tho argument in supper. OF s position Is based on
the Calhoun doctrine Of Sse rights, fsilnoious aad
pernicious doctrine which has led 10 rebellion al Tie
South and threats Of rebellion At the North 1t denies
that the people Of the United States made the Consttu
ton AID clsms that II was ma o by TIC States. Mr.
u. maintained that the Constitution was made by
the people and not by tho States That they created
nation not ionthat tina nation GoyeieiRn
and States subordinate. Tat tho people mailing the
Constitution took fo the States such powers they
required for tie general Government, and reserved the
right 10 amend the Constitution 10 farther limit
the powers Of the States II necessary. Tie argument
that the people, II they possessed this power OF amend
ment might ramp!e upon the rights OF tic States Is
addressed to prejudice. net tothe judgment Admitting
1t to be true II fas to STOW thai the powsr does no,
exist 1t 10 idle to suppose that tepeople might estab
iifh Slavery In NewYork, or murder q fine art In
Massachusetts. No governI ent or people ave night
TO legaxe vice aud crime They cannot therefore, be
said to have the power. II the general Government
L. A.