Imágenes de páginas

and wilfull obstruct, hinder or prevent any oflicer, or 0t er person charged wit the execution of any warrant or process issued under the

rovisions of this act, or any person or persons awfully assistinU him or them, from arresting any person for w rose apprehension such warrant or process may have been issued, or shall rescue or attem t to rescue such person from the custody of the o oer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indirectly, to escape from the custody of the officer or other person legally authorized as aforesaid, or shall

arbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid,‘so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the district court of the United States for the distr' t in WlllCl said oifence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the or anized Territories of the United States.

E0. 7. That the district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee often dollars in full for his services in each case, inclu~ sive of all services incident to such arrest and examination. The person or persons authorized to execute the process to be issued by such commissioners, for the arrest of offenders against the provisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them, such as attending at the examination, keeping the risoner in custody, and rcviding him With foo and lodging during his etention, and until the final determination of such commissioner, and in general for erforming such other duties as may be required in the premises; such fees to he made n in conformity with t2e fees usually charge by the oflicers of the c urts of justice within the proper district or county, as near as may be pract1cable, and paid out of the treasury of the United States on the certificate of the jud e of the district within which tlre arrest is ma e, and to be recoverable from the defendant as part of the judgment in case of conviction.

SEC. 8. That whenever the President of the United States shall have reason to believe that offences have been, or are likely to be committed against the provisions of this act within an judicial district, it shall be lawful for him, in llIS discretion, to direct the judge, marshal,and district attorney of such district to attend at such

lace within the district, and for such time as

smay designate, for the purpose of the mole


speedy arrest and trial of persons charged with a violation of this act; and it shall be the dot of every jud e or other officer, when any sue requisition all be received by him, to attend at the place and for the time therein designated.

SEO. 9. That it shall be lawful for the President of the United States, or such person as he may empower for that purpose, to em loy such part of the land or naval forces'of t e United States, or of the militia, as shall be necessary to prevent the violation and enforce the due exccution of this act.

SEO. 10. That upon all questions of law arising in any cause under the provisions of this act, a final appeal may be taken to the Supreme Court of the United States.

The votes on this bill were:

1866, February 2—The SENATE passed the bill —yeas 33, nays 12, as follow:

[ocr errors][merged small][ocr errors][merged small][ocr errors]

“froth, Dawson, Denim-i, Glossbrenncr, Goodyear, Gn'dcr, Aaron Harding, Harris, Hogan, Edwin N. Huobell. Jones, Kerr, Latham, Le Blond, Marshall, McCullough, Nicholson, Phelps, Rad/27rd, Samuel J. Randall, William II. Randall, Bitter, Rogers, Ross, Rousseau, Sltonlrlin, Sitgrcaves, Smith, Taber, Taylor, Thornton, Tn'mblc, VVi'n/ielHS.

March 15—The Senate concurred in the House amendments.

March 27—The bill was vetoed.

April 6—The SENATE passed the bill,notW1thstandmg the objections of the President, by a vote of 33 was to 15 nays, as follow:

Ysas—‘Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Creswell, Edmunds, Fessenden, Foster, Grimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Morgan, Merrill, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates—33.

NAYs—Messrs. Buckalew, Cowan, Davis, Doolittle, Guthric,Hendrz'cks, Johnson, Lane of Kansas, McDougall, Nesme'tll, Norton, Riddle, Saulsbury, Van Winkle, Wright—15.

April 9—The Homer: OF REPRESENTATIVES again passed 1t—yeas 122, nays 41, as follow:

Yeas—Messrs. Alley, Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Deaman, Benjamin, Bidwell, Buntwell, Brandegee, Bromwell, Broomall, Bucklund, Bundy, Render W. Clarke, Sidney Clarke, Gobb, Colfax, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Eckley Eggleston, Eliot, Farnsworth, Farquhnr, Ferry, Garfield? Grinnell, Griswold, Hale, Abner G. Harding, Hart, Hayes, Henderson, lligby, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, John H. Hubbard,James B. Hubbell, Hulhurd, James Humphrey, Ingersoll, Jenckes, Kusson, Kelley, Kelso, Kctcham, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, Molndoe, McKee, McRuer, Mercur, Miller, Moorhead, Merrill, Morris, Moultou, Myers, Nowell, O’Neill, Orth, Paine, Patterson, Perham, Pike, Plants,Pomeroy, Price, Alexander H. Rico, John H. Rice, Rollins, Sawyer, Schenck. Scofield, Shellabargcr, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, j r.,Trowbridge, Upson, Van Aernnm, Burt Van Horn, Robert T. Van Horn, Ward, Ellihu B. Wasbhurne, Henry D. Washburn, William B. Washburn, Welkcr, Weutworth,Jnmes E. Wilson, Stephen F. Wilson, Windom, Woodhridge.—122.

Nays—Messrs. Ancona, Bergen, Boyer, Oofl'roth, Dawson, Dmison, Eldridge, Finch“, Glossbrcnner, Aaron Harding, Harris, Hogan, Edwin 1V. Hubbcll, James M. Humphrey, Latham, Le Blond, Marshall, McCullough, A'iblaclc, Nicholton, Noell, Phelps, Redford. Samuel J. Randall, William H. Randall, Raymond, Rittcr, Rogers, Ross, Rousseau, Shanklt'n, Sitgreams, Smith, Strauss, Taber, Rig/lar, Thornton, Trimble, Whaley, Winfield, Wright-41. I

Whereupon the Speaker of the House declared the blll a. law.

Veto of the Colorado Bill, May 15, 1866.

To the Senate of the United States:

I return to the Senate, in which house it originated, the bill which has passed both Houses of Con ress, entitled “ An act for the admission of the State of Colorado into the Union," with my objections to its becoming a law at this time.

First. From the best information which I have been able to obtain, I do not consider the establishment of a. State government at present necessary for the welfare of the people of Colorado. Under the existing Territorial government all the rights, privileges, and interests of the citizens are protected and secured. The

ualified voters choose their own legislators and t eir own local officers, and are represented in Congress by a delegate of their own selection. They make and execute their own municipal laws, subject only to revision by Congress—an authority not likel to be exercised, unless in extreme or extraor inary cases. The population is small, some estimating it so low as twentyfive thousand, while advocates of the bill reckon


the number at from thirty-five thousand to forty thousand souls. The people are principally recent settlers, many of whom are understood to be ready for removal to other minin

districts beyond the limits of the Territory,i% circumstances shall render them more inviting. Such apopulation cannot but find relief from excessive taxation if the territorial system, which devolves the ex enses of the executive, legislative, and judicia departments upon the United States, is 'ior the present continued. They cannot but find the security of person and property increased by their reliance upon the national executive power for the maintenance of law and order against the disturbances necessarily incident to all newly organized communities.

Second. It is not satisfactorily established that a majority of the citizens of Colorado de— sire, or are prepared for an exchange of a territorial for a State overnment. In Septemlkr, 1864, under the ant iority of Congress, an election was lawfully appointed and held, for the urpose of ascertaining the views of the peoplb upon this particular question. 6,192 votes were cast, and of this number a majority of 3,152 was given against the proposed change. In Se tember, 1865, without any legal authority, t e

uestion was again presented to the people of t e Territory, with a. view of dbtaining a. reconsideration of the result of the election held in compliance with the act of Congress approved March 21, 1864. At this second election 5,905 votes were polled, and a majority of 155 was given in favor of a State organization. It does not seem to me entirely safe to receive this, the last mentioned result, so irregularly obtained, as sufficient to outweigh the one which had been legally obtained in the first election. Regularity and conformity to law are essential to the preservation of order and stable government, and should, as far as practicable, always be observed in the formation of new States.

Third. The admission of Colorado, at this time, as a State into the federal Union, appears to me to be incompatible with the public interests of the country. While it is desirable that territories, when sudicientlymatured, should be organized as States, yet the spirit of the Constitution seems to require that there should be an approximation towards equality among the several States comprising the Union. No State can have less or more than two Senators in Congress: The largest State has a population of four millions; several of the States have a. population exceeding two millions ; and many others have a population exceeding one million. A population of 127,000 is the ratio of apportionment of representatives among the several States.

If this bill should become a. law, the people of Colorado, thirty thousand in number, would have in the House of Representatives one member, while New York, with a population of four millions, has but thirty-one; Colorado would have in the electoral college three votes, While New York has only thirty~three; Colorado would have in the Senate two votes, while New York has no more.

Inequalities of this character have already occurred, but it is believed that none have hap

pened where the inequality was so great. When such inequality has been allowed, Congress is supposed to have permitted it on the ground of some high public necessity, and under circumstances which promised t at it would rapidly disa pear throu h the growth and development of the newly a mitted State. Thus, in re ard to the several States in what was formerly ca led the “ northwest territor ," lying east of the Mississippi, their rapid a vancement in population rendered it certain that States admitted with only one or two representatives in Congress, would, in a very short period, be entitled to a

reatincrease of representation. So, when Cali

ornia was admitted on the round of commercial and political exigencies, it was well foreseen that that State was destined rapidly to become a great, prosperous, and important mining and commercial community. In the case of Colorado, I am not aware that any national exigency, either of a political. or commercial nature, requires a departure from the law of equality, which has been so generally adhered to in our history.

If information submitted in connection with this bill is reliable, Colorado, instead of increase ing, has declined in population. At an election for members of a territorial legislature held in 1861, 10,580 votes were cast. At the election before mentioned, in 1864, the number of votes cast was 6,192; while at the'irregular election held in 1865, which is assumed as a basis for legislative action at this time, the ag regate of votes was 5,905. Sincerely anxious or the welfare and ros erity of every Territory and State, as wel as or the prosperity and- welfare of the whole Union, I regret this apparent decline of p0pulation in Colorado; but it is manifest that it is due to emigration which is going on from that Territory into other regions within the United States, which either are in fact, or are believed by the inhabitants of Colorado to be, richer in mineral wealth and agricultural resources. If, however, Colorado has not really declined in population, another census, or another election under the authority of Congress, would place the question beyond doubt, and cause but little delay in the ultimate admission of the Territory as a State, if desired by the eople.

Tie tenor of these objections furnishes the reply which may be expected to an argument in favor of the measure derived from the enabling act which was passed by Congress on the 21st day of March, 1864. Althou h Congress then supposed that the condition 0 the Territory was such as to warrant its admission as a State, the result of two years’ ex rience shows that every reason which existed or the institution of a territorial instead of a State g0V~ ernment in Colorado, at its first organization, still continues in force.

The condition of the Union at the present moment is calculated to inspire caution in regard to the admission of new States. Eleven of the old States have been for some time, and still remain, unrepresented in Congress. It is a common interest of all the States, as well those represented as those unrepresented, that the integrity and harmony of the Union should be restored

as completely as possible, so that all those who are expected to bear the burdens of the Federal Government shall be consulted concerning the admission of new States; and that in the mean time no new State shall be prematurely and un~ necessarily admitted to a articipation in the political power which the ederal Government wields, not for the benefit of any individual State or section, but for the common safety, welfare, and happiness of the whole country. ANDREW Jorgrson. Wasnnverorr, D. 0., May 15, 1866.

Copy of the Bill. AN ACT for the admission of the State of Colo-rado into the Union.

Whereas, on the twenty-first da of March, anno Domini ei htcen hundred an sixty-four, Congress passe an act to enable the people of Colorado to form a constitution and State government, and offered to admit said State, when so formed, into the Union upon compliance with certain conditions therein specified; and whereas it appears by a mess-a e of the President of the uUnited States, dated anuary twelve, eighteen hundred and sixty-six, that the said people have adopted a constitution, which upon due examination is found to conform to the provisions and comply with the conditions of said act, and to be republican in its form of government, and that they now ask for admission into the Union:

Be it enacted, &c., That the constitution and State overnment which the people of Colorado have ormed for themselves be, and the same is hereby, ratified, accepted, and confirmed, and that the said State of Colorado shall be, and is hereby, declared to be one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original States, in all respects whatsoever.

SEO. 2. And be 'it further enacted, That the said State of Colorado shall be, and is hereby, declared to be entitled to all the rights, privileges, rants, and immunities, and to be subject to all he conditions and restrictions, of an act entitled “An act to enable the people of Colorado to form a constitution and a State government, and for the admission of such State into the Union on an equal footing with the original States," approved March twenty-first, eighteen hundred and sixty-four.

The votes on this bill we‘re:

In SENATE. , March 13—The bill was rejected—yeas 14, nays 21, as follow:

Yeas—Messrs. Chandler, Cmgin, Kirkwood, Lane of Indiana, Lane of Kansas, McDougall, Nesmith, Norton, Pomcroy, Ramsey, Sherman, Stewart, Trumbull, Williams—l4.

Nave—Messrs. Burkalew. Comicss, Creswell, Davis, Doolittle, Fesscndcn, Foster, Grimes, Guthrie, Harris, Hendricks, Morgan, Merrill, Poland, Riddle, Sprague,Stocktmz, Sumner, Van Winkle, Wade, Wilson—21.

Mr. Wilson entered a motion to reconsider the vote.

April 25—The Senate voted to reconsider; yeas 19, nays 13. (Same as below.)

The bill was then passed—yeas 19, nays 13, as follow:

Yeas—Messrs. Chandler, Clark, Conness, Cragln, Creswell, Howard, Howe, Kirkwood, Lens of Indiana, Nye, Pomcroy, Ramsey, Sherman, Sprague, Stewart, Trumbull, Van Winkle, Willey, Wilson—19.


Kare—Messrs. Buclmlew, Davis, Doolittle. Edmunds, Foster, Grimes, Guthrie, Hendricks, McDougall, Morgan, Poland, Riddle, Sumner—13.

In House.

May 3—The bill was passed—yeas 81, nays _57, as follow:

Yeas—Messrs. Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Banks, Barker, Benman, Benjamin, Bidwell, Binghani, Blow, Brandegee, Dromwell, Buckland, Buudy, Reader W. Cliirke, Sidney Clarke, Cobb, Couliling Cullom, Dofrees, Deming, Dixon, Dodge, Dounelly. Drings, Dumont, Ecklcy, Farquhur, Ferry, Garfield, Grinnell. Abner

, G. Harding, Hart, Henderson, Holmes, Hotchkiss, Aszihel

W. Hubbard, Chester D. Hubbard, James R. Hubbell, Ins

gersoll, Jenckes, Kasson, Kelso, Ketcham, Lallin, Latham,

George V. Lawrence, William Lawrence, Loan, Longyear,

Marston, McClurg, McKee, Mercur, Miller, Moorhend,

Moultcn, Myers, O’Neill, Orth, Patterson, Plants, Alexander

H Rice, Rollins, Sawyer, Schenck, Shelliibnrger, Smith,

Spalding, Francis Thomas, Trowbridge, Upson, Vain Aernnm,

Burt Van Horn, Robert ’1‘. Van Horn, Warner, Welker,

Whaley, Williams—81.

NAYs-Messrs. Allison, Alley, Ancena, Baxter, Bergen,

~ Blaine, Bontwull, Boyer, Broomall, Ghanler, Cqfl‘rolh, Darling, Dawson, Denison, Eldridge, Eliot, Finck, Glossbrenner,

Grider, Griswold, Aaron Harding, Harris, Iligby, Jnnies

Humphrey, Julian, Kelley, Kuykendall, Le Blond, Lynch,

Marshall, McCullough, McRner, Merrill, Morris, Nowell,

.Niblaek, Paine, 'Perhani, Pike, Raymond, John 11. Rice,

Bitter, Ross, Rousseau. S/ianklin, Stevens, Stilwell, Strause,

Taylor, Thornton, Ellihu B. Wushburne, Henry D. Wash

burn, James P. Wilson, Windom, Winfield, Woodbridge, Wright—~57. Up to the time this page is put to press, no vote has been taken on the re-passage of the vetoed bill. When taken, it Will be inserted in a subsequent page. Message Respecting the Proposed Constitutional Amendment on Representation, &c., June 22, 1866. To the Senate and House of Representatives .I submit to Congress a report of the Secretary of State, to whom was referred the concurrent resolution of the 18th 1nstant,* respecting a submission to the legislatures of the States of an additional article to the Constitution of the United States. It will be seen from this report that the Secretary of State had, on the 16th instant, transmitted to the Governors of the several States certified copies of the jomt resolution passed on the 13th instant, proposing an amendment to the Constitution. Even in ordinary times any question of amending the Constitution must be Justly regarded as of paramount importance. This im— iportanco is at the present time enhanced by the

act that the joint resolution was not submitted by the two Houses for the approval of the President, and that of the thirty-six States which constitute the Union eleVen are excluded from representation in either House of Congress, although, With the sin is exception of Texas, they have been entire y restored to all their functions as States, in conformity With the organic law of the land, and have appeared at the national capital by Senators and Representatives, who ave ap had for and have been refused admission to t e vacant seats.


* This resolution passed the House under a. suspension of the rules, which was agreed to, yens 9‘2, nays 25, (the hitter all Democrats) by a vote of yeas 87, mayo 20, on a count by tellers. It passed the Senate some day without it division ; and is ii copy of a concurrent resolution passed in 1864, requesting President Lincoln to submit the anti-slavery lmendmcnt, changed only as to the phraseology descriptive of the amendment.


Nor have the sovereign people of the nation been afforded an opportunity of expressing their views upon the important questions which the amendment involves. Grave doubts therefore may naturally and justly arise as to whether the action of Congress is in harmony with the sentiments of the people, and whether State legislatures, elected Without reference to such an issue, should be called upon by Congress to decide respecting the ratification of the proposed amendment. _ .

Waiving the question as to the constitutional validity of the proceedings of Congress upon the joint resolution proposing the amendment, or as to the merits of the article which it submits through the executive department to the legislatures of the States, I deem it proper to observe that the steps taken by the Secretary of State, as detailed in the accompanying report, are to be considered as purely ministerial, and in no sense whatever committing the Executive to an approval or a recommendation of the amendment to the State legislatures or to the pee lo. On the contrary, a roper appreciation of tie letter and spirit of the onstitution, as well as of the interests of national order, harmony, and union, and a due deference for an enlightened public jud ment, may at this time well suggest a doubt w ether any amendment to the Constitution ought to be proposed by Congress and pressed upon the legislatures of the several States for final decision until after the admission of such loyal Senators and Representatives of the now unrepresented States as have been, or may hereafter be, chosen in conformity ' with the Constitution and laws of the United States.

Annnnw Jonsson.

Wasnmeros, D. 0., June 22, 1866. _

To the President .

The Secretary of State, to whom was referred the concurrent resolution of the two Houses of Con ress of the 18th instant, in the following wor s: " That the President of the United States he requested to transmit forthwith to the executives of the several States of the United States copies of the article of amendment proposed by Congress to the State legislatures to amend the Constitution of the United States, assed June 13, 1866, res ectin citizenship, the asis of rep~ resentation, isqua ification for office, and validity of the public debt of the UnitedStates, &c., to the end that the said States may proceed to act npo-n'the said article of amendment, and that he requestthe executive of each State that may ratify said amendment to transmit to the Secretary of State a certified copy of such ratification," has the honor to submit the followin report, namely: That on the 16th instant t e Hon. Amasa Cobb, of the Committee of the House of Representatives on Enrolled Bills, brought to this Department and deposited therein an en» rolled resolution of the two Houses of Congress, which was thereupon received by the Secretary of State and deposited among the rolls of the, Department, a copy of which is. hereunto anv

[blocks in formation]

The Majority Report.

June IS, 1866—Mr. Fessnsnnn in the Senate, and Mr. Srnvnns in the House, submitted this


The Joint Committee of the two Houses of Congress, appointed under the concurrent resolution of December 13, 1865, with direction to " inquire into the condition of the States which formed the so-called Confederate States of America, and report whether they or any of them are entitled to be represented in either House of Congress, with leave to report by bill or otherwise," ask leave to report:

That they have attended to the duty assigned them as assiduously as other duties would permit, and now submit to Congress, as the result of their deliberations, a resolution proposing amendments to the Constitution, and two bills, of which they recommend the adoption.

'Before proceeding to set forth in detail their reasons for the conclusion to which, after great deliberation, your committee have arrived, they beg leave to advert, briefly, to the ccurse of proceedings they found it necessary to adopt, and to explain the reasons therefor.

The resolution under' which our committee was appointed directed them to inquire into the condition of the Confederate States, and report whether the were entitled to re resentation in Congress. t is obvious that suc an investigation, covering so large an extent of territory and inVOlving so many important considerations, must necessarily require no trifling labor, and consume a very considerable amount of time. It must embrace the condition in which those


States were left at the close of the war; the measures which have been taken towards the reorganization of civil government, and the disposition of the people towards the United States ; in a word, their fitness to take an active part in the administration of national affairs.

As to their condition at' the close of the rebellion, the evidence is open to all, and admits of no dispute. They were in a state of utter exhaustion. HaVing retracted their struggle against federal authority until all ho e of successful resistance had ceased, and laid own their arms only because there was no longer any power to use them, the people of those States were left bankrupt in their public finances, and shorn of the private wealth which had before given them power and influence. They were also necessarily in a state of complete anarchy, without governments and without the power to frame governments except by the permission of those who had been successful in the war. The President of the United States, in the proclamations under which be appointed provisional governors, and in his various communications to them, has, in exact terms, recognized the fact that the people of those States were, when the rebellion was crushed, “deprived of all civil government," and must proceed to organize anew. In his conversation with Mr. Stearns, of Massachusetts, certified by himself, President Johnson said “the State institutions are prostrated, laid out on the ground, and they must be taken up and adapted to the progress of events." Finding the Southern States in this condition, and Congress having failed to provide for the contin ency, his duty was obvrous. As President o the United States he had no power, ex

« AnteriorContinuar »