Crapo, Cravens, G. R. Davis, Deering, Deuster, Dick, Dunnell, Dwight, Einstein, Elam, Errett, Evins, Farr, Ferdon, Field, Fort, Frye, Garfield, Godshalk, Goode, Hall, J. Hammond, B. W. Harris, Haskell, Hawk, Hawley, Hayes, G. C. Hazelton, Heilman, Henderson, Henkle, Henry, Herndon, Hiscock, Horr, Houk, House, Humphrey, Hunton, Hurd, Johnston, Joyce, Kelley, Kimmel, Klotz, Lewis, Lindsey, Loring, Marsh, J. J. Martin, McCoid, McCook, McGowan, McKinley, McMahon, Mills, Mitchell, Money, Monroe, Morrison, Morse, Morton, Muller, Neal, Norcross, O'Neill, Osmer, Persons, Phelps, Phister, Poehler, Reed, W. W. Rice, D. P. Richardson, G. M. Robeson, G. D. Robinson, W. A. Russell, T. Ryan, Sapp, Scales, Shallenberger, Sherwin, A. H. Smith, W. E. Smith, W. L. Steele, J. W. Stone, Talbott, Thomas, P. B. Thompson, jr., A. Townsend, Tyler, J. T. Updegraff, T. Updegraff, Urner, Valentine, Van Aernam, Van Voorhis, Wait, Ward, H. White, Wilber, Willits, T. L. Young-135.

Mr. MILLS offered as a new section ten the following:

"Nothing contained in this act shall be construed to authorize the coinage of silver except into the standard dollar."

Which was agreed to without a division. The remainder of the day was spent in "filibustering" against the previous question.

May 24-Mr. WARNER having withdrawn the demand for the previous question—

Mr. THOMAS RYAN offered the following as a substitute for the entire bill:

66 That there shall be coined at the several mints of the United States silver dollars of the weight of 4121⁄2 grains troy of standard silver, as provided by the act of January eighteen, eighteen hundred and thirty-seven, on which shall be the devices and superscriptions provided by said act, which coins, together with all silver dollars heretofore coined by the United States of like weight and fineness, shall be a legaltender at their nominal value for all debts and dues, public and private, except where otherwise expressly stipulated in the contract; and the Secretary of the Treasury is authorized and directed to purchase, from time to time, silver bullion, at the market price thereof, sufficient to carry out the provisions of this act; but the amount of money at any one time invested in such silver bullion, exclusive of coin, shall not exceed ten million dollars.

"And the Secretary of the Treasury is hereby authorized and directed to coin such silver bullion into such dollars as fast as the same can be done with the mintage capacity now existing or that may be hereafter provided, not however in any manner to interfere with the employment of such mints for the coinage of gold under existing laws-it being the intent and meaning of this act to employ the mints of the United States to their utmost capacity in the coinage of such silver dollars, subject to the necessary occupation of such mints for gold coinage as now provided for by law :

"Provided, That nothing in this act shall be construed to authorize the payment in silver of

certificates of deposit issued under the provisions of section two hundred and fifty-four of the Revised Statutes.

"SEC. 2. When the price of standard silver bullion shall equal the nominal value of the standard silver dollar, the owner of silver bullion may deposit the same at any mint to be formed into bars, or into standard dollars, without charge therefor, for his or her benefit, and the same shall be so formed into such bars or dollars in the order in which it shall be so deposited; but it shall be lawful to refuse at the mint any deposit of bullion of less value than one hundred dollars, and any bullion so base as to be unsuitable for the operations of the mint.

"SEC. 3. That any holder of the coin authorized by this act may deposit the same with the Treasurer or any Assistant Treasurer of the United States in sums not less than ten dollars, and receive therefor certificates of not less than ten dollars, each corresponding with the denominations of the United States notes. The coin deposited for or representing the certificates shall be retained in the Treasury for the payment of the same on demand; said certificates shall be receivable for customs, taxes, and all public dues, and when so received may be reissued.

"SEC. 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed."

Which was disagreed to-yeas 69, nays 137: YEAS-Messrs. W. Aldrich, Anderson, Baker, Barber, Bingham, Bowman, Boyd, M. S. Brewer, Briggs, J. C. Burrows, Cannon, Carpenter, Caswell, Claflin, Conger, G. R. Davis, Deering, Dunnell, Dwight, Errett, Ferdon, Fort, Frye, Garfield, Godshalk, J. Hammond, B. W. Harris, Haskell, Hawk, Hayes, G. C. Hazelton, Heilman, Henderson, Horr, Houk, Humphrey, Hurd, G. W. JONES, Lindsey, J. J. Martin, McCoid, McGowan, McKinley, Mitchell, Monroe, Morrison, Neal, Newberry, Norcross, Osmer, Reed, W. W. Rice, G. M. Robeson, G. D. Robinson, W. A. Russell, T. Ryan, Sapp, Shallenberger, J. W. Stone, Thomas, A. Townsend, J. T. Updegraff, T. Updegraff, Urner, Valentine, Van Aernam, H. White, C. G. Williams, Willits-69.

NAYS-Messrs. Aiken, Armfield, Atherton, Atkins, Bayne, Belford, Bicknell, Blackburn, Blake, Bliss, Blount, Bouck, Brigham, Bright, Browne, Cabell, Caldwell, Carlisle, Chalmers, Clardy, J. B. Clark, Cobb, Coffroth, Converse, Covert, S. S. Cox, Crapo, Cravens, Culberson, Daggett, Davidson, J. J. Davis, L. H. Davis, DE LA MATYR, Deuster, Dibrell, Dickey, Dunn, Einstein, Elam, Evins, Ewing, Farr, Felton, Field, FORD, Forney, Frost, Geddes, GILLETTE, Goode, Gunter, Hall, J. T. Harris, Hatch, Hawley, Henkle, Henry, Herbert, Hiscock, Hostetler, House, Hubbell, Hunton, Johnston, Joyce, Kenna, Kimmel, King, Klotz, Knott, LADD, Le Fevre, Lewis, Manning, Marsh, B. F. Martin, McCook, McKenzie, McLane, McMahon, McMillin, Mills, Morton, Muldrow, Muller, MURCH, New, Nicholls, O'Neill, Persons, Phelps, Phister, Poehler, Reagan, D. P. Richardson, E. W. Robertson,

Ross, D. L. RUSSELL, J. W. Ryon, Samford, Sawyer, Scales, Simonton, Slemons, A. H. Smith, H. B. Smith, W. E. Smith, Sparks, Speer, Springer, W. L. Steele, Stephens, Stevenson, Talbott, R. L. Taylor, P. B. Thompson, jr., Tillman, R. W. Townshend, O. Turner, T. Turner, Tyler, Vance, Van Voorhis, Waddill, Ward, A. J. Warner, WEAVER, Wellborn, Whitthorne, Wilber, T. Williams, Willis, M. R. Wise, F. Wood, WRIGHT, YOCUM-137.

The bill was then passed by the vote given at the beginning of this chapter.

FORTY-SIXTH CONGRESS, SECOND SESSION. IN SENATE.

1880, February 3-The bill was reported by Mr. BAYARD from the Committee on Finance without amendment, and that it ought not to pass. It was not further noticed during the Congress.

FORTY-SIXTH CONGRESS, THIRD SESSION.

IN SENATE.

1880, December 17-This bill passed finally -yeas 41, nays 6:

YEAS-Messrs. Allison, Anthony, Bailey, Baldwin, Beck, Blaine, Blair, Brown, Bruce, Burnside, Call, Cameron of Pennsylvania, Cameron of Wisconsin, Coke, DAVIS of Illinois, Davis of West Virginia, Dawes, Edmunds, Ferry, Garland, Hereford, Hill of Colorado, Hill of Georgia, Hoar, Johnston, Jones of Florida, Kellogg, Logan, McMillan, McPherson, Maxey, Morgan, Morrill, Platt, Pugh, Ransom, Rollins, Teller, Vance, Walker, Windom-41. NAYS-Messrs. Jones, McDonald, Saulsbury, Vest, Voorhees, Williams-6.

A bill to establish an educational fund, and apply a portion of the proceeds of the public lands to public education, and to provide for the more complete endowment and support of colleges for the advancement of scientific and industrial education.

Be it enacted, etc., That the net proceeds of sales of public lands and the net proceeds of patents are hereby forever consecrated and set apart for the education of the people.

SEC. 2. At the close of each fiscal year the Secretary of the Interior shall cause an account to be taken, and shall ascertain the total receipts from the sale or other disposition of the public lands of the United States, including all fees received at the general and district landoffices during said year, and the amount of expenditures occasioned by the survey, sale, or entry, or other disposition of such lands, including appropriations for the expenses of the said offices for said year. He shall also ascertain, in like manner, the net proceeds of all receipts for patents after deducting the expenses of the Patent Office. He shall thereupon certify to the Secretary of the Treasury the amount of said receipts for public lands and patents after deducting such expenditures.

SEC. 3. That upon the receipt of such certificate the Secretary of the Treasury shall, on or before the thirty-first day of July of each year, apportion to the several States and Territories and to the District of Columbia, upon the basis of population of the said States and Territories between the ages of five and twenty years, the

net proceeds of sales of public lands and the net proceeds of patents for the previous year: Provided, That the net proceeds of said sales and receipts for patents shall be set apart as an educational fund, and entered upon the books of the Treasury to the credit of the fund and bearing interest at the rate of four per cent. per annum, the interest on such educational fund only to be paid to said States for educational purposes as herein provided: And provided further, That for the first ten years the said apportionment of said net proceeds and the interest on said fund to and among the several States, Territories, and District of Columbia, shall be made according to the numbers of their respective population, of ten years old and upward, who cannot read and write, as shown from time to time by the last preceding published census of the United States: And provided further, That one-third of the income arising from said educational fund, and which shall be apportioned to each State or Territory, shall be annually appropriated to the more complete endowment and support of colleges established or such as may be hereafter established therein, in accordance with an act of Congress approved July second, eighteen hundred and sixty-two, until the annual income thus accruing to the said colleges in each State shall have reached the sum of thirty thousand dollars, then the said amount only shall be annually appropriated to said colleges; and said last-mentioned act of Congress is hereby amended so as to authorize each State and Territory to establish in said colleges, or under their direction, schools for the instruction of females in such branches of technical or industrial education as are suited to their sex; and the whole remaining annual income of the aforementioned educational fund shall thereafter, in the manner provided in this act, be appropriated by each State and Territory, including the District of Columbia, to the free and impartial education, in public schools, of all its children between the ages of six and sixteen years.

SEC. 4. The amount apportioned to any State or Territory, or to the District of Columbia, and certified as herein provided, shall be paid upon the warrant of the Commissioner of Education, countersigned by the Secretary of the Interior, out of the Treasury of the United

States, to the State, Territorial, or District treasury, or to such officer as shall be designated by the laws of such State, Territory, or District to receive, account for, and pay over the same to the several school-districts entitled thereto under such apportionment, which treasurer or officer shall be required to report, on or before the thirtieth day of June of each year, to the Commissioner of Education, a detailed statement of the payments made and balance in his hands withheld, unclaimed, or for any cause unpaid. The term "school-district" as used in this act shall include cities, towns, parishes, or such other corporations as by law are clothed with the power of maintaining schools.

SEC. 5. The Secretary of the Treasury is authorized to accept and add to the principal of said fund any sums which may be given to the United States for that purpose by will or otherwise.

SEC. 6. On or before the first day of September in each year, the Commissioner of Education, under direction of the Secretary of the Interior, shall certify to the Secretary of the Treasury, as to each State, Territory, and District, whether it is entitled to receive its share of the apportionment under this act, and the amount of such share, which shall thereupon be entitled to receive the same. If the Commissioner shall withhold a certificate from either, its share of such apportionment shall be kept separate in the Treasury until the close of the next Congress, in order that it may, if it see fit, appeal to Congress from the determination of the Commissioner. If the next Congress shall not direct such share to be paid, it shall be added to the general educational fund.

SEC. 7. That the first apportionment under this act shall be made on or before the thirtieth day of June, eighteen hundred and seventy-nine, and each of said States and Territories shall be entitled to receive the income of its distributive share of each apportionment, to be paid by the Secretary of the Treasury to its treasurer or other officer authorized by its law to receive the same, whenever thereafter it shall file with the Secretary of the Treasury a certified copy of the law of such State or Territory accepting the provisions of this of this act, and undertaking that the funds provided by the same, whenever paid over to it as above provided, shall be faithfully applied to the free and impartial education in public schools of all its children between the ages of six and sixteen years, and to the endowment and support of such colleges as have been, or may be hereafter, established in accordance with the aforesaid act of Congress approved July second, eighteen hundred and sixty-two, and as provided for in this act. The distributive share of the District of Columbia shall, from time to time, be paid over to the Commission of said District created by act of Congress approved June twentieth, eighteen hundred and seventy-four, entitled "An act for the government of the District of Columbia, and for other purposes," or other officer or officers, as may be provided by law, and shall be applied in the same manner as above provided for the States and Territories.

SEC. 8. A sum not exceeding fifty per centum of the amount received from the United States by any State or Territory, or by the District of Columbia, the first year of such receipt by it, and not exceeding the amount of ten per centum in any year thereafter, may be applied, at the discretion of the legislature thereof, to the maintenance of one or more schools for the instruction of teachers of common schools; said sum, after the first year, to be apportioned wholly to the payment of teachers of such schools.

And

SEC. 9. That to entitle any State, Territory, or the District of Columbia to the benefits of this act, it shall maintain for at least three months in each year until January the first, eighteen hundred and eighty-five, and thereafter, four months in each year a system of free public schools for all the children within its limits between the ages of six and sixteen, and shall, through the proper officer thereof, for the year ending the thirtieth day of June last preceding such apportionment, make full report to the Commissioner of Education of the number of public free schools, the number of teachers employed, the number of schoolhouses owned and the number of schoolhouses hired, the total number of children taught during the year, the actual daily attendance, and the actual number of months of the year schools have been maintained in each of the several school districts or divisions of said State, Territory, or District, and the amounts appropriated by the legislature, or otherwise received for the purpose of maintaining a system of free public schools. if any State or Territory shall misapply, or allow to be misapplied, or in any manner appropriated or used other than for the purposes herein required, the funds, or any part thereof, received under the provisions of this act, or shall fail to comply with the conditions herein prescribed, or to report, as herein provided, through its proper officers, the disposition thereof, such State or Territory shall forfeit its right to any subsequent apportionment by virtue hereof, until the full amount so misapplied, lost or misappropriated shall have been replaced by such State or Territory, and applied as herein required, and until such report shall have been made; and all apportionments so forfeited and withheld shall be added to, and become part of, the principal of the educational fund hereby created: Provided, That if the public schools in any State admit children not within the ages herein specified, such State shall not be deemed to have failed to comply with the conditions of this act by reason that such children share in the benefits thereof.

SEC. 10. Nothing contained in this act shall be so construed as to affect in any manner the existing laws and regulations in regard to the adjustment and payment to States, upon their admission into the Union, the per centum of the net proceeds of the sales of the public lands within their respective limits, or to repeal, impair or suspend any law now authorizing the pre-emption of public lands, or the entry of public lands for homesteads, or under the

During the consideration of the bill in Committee of the Whole

Mr. TELLER moved to strike from the third section as reported these words:

66

Provided, That the net proceeds of said sales and receipts for patents shall be set apart as an educational fund, and entered upon the books of the Treasury to the credit of the fund, and bearing interest at the rate of four per cent. per annum, the interest on such educational fund only to be paid to said States for educational purposes as herein provided."

Which was agreed to-yeas 31, nays 30:

YEAS-Messrs. Beck, Booth, Brown, Call, Cockrell, Coke, Davis of West Virginia, Eaton, Farley, Groome, Hereford, Ingalls, Johnston, Jonas, Jones of Florida, Kernan, Kirkwood, McDonald, Morgan, Plumb, Pugh, Ransom, Saulsbury, Saunders, Slater, Teller, Vance, Vest, Voorhees, Williams, Withers―31.

NAYS-Messrs. Allison, Anthony, Bailey, Baldwin, Blaine, Blair, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, DAVIS of Illinois, Dawes, Edmunds, Ferry, Garland, Hamlin, Harris, Hill of Colorado, Hill of Georgia, Hoar, Kellogg, Logan, McMillan, McPherson, Maxey, Morrill, Platt, Rollins, Walker, Windom-30.

Mr. KERNAN moved to strike out the sixth section; which was disagreed to—yeas 22, nays 37:

YEAS-Messrs. Beck, Brown, Call, Cockrell, Coke, Davis of West Virginia, Farley, Groome, Hereford, Johnston, Jonas, Jones of Florida,

Saulsbury, Slater, Vance, Vest, Williams-22. NAYS-Messrs. Allison, Anthony, Bailey, Baldwin, Blaine, Blair, Booth, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, DAVIS of Illinois, Dawes, Edmunds, Ferry, Garland, Hamlin, Harris, Hill of Colorado, Hill of Georgia, Hoar, Ingalls, Kellogg, Kirkwood, Logan, McDonald, McMillan, McPherson, Morrill, Platt, Plumb, Rollins, Saunders, Teller, Voorhees, Walker, Windom-37.

The Senate subsequently non-concurred in the amendment made above in Committee of the Whole on motion of Mr. TELLER, by a vote of yeas 28, nays 28:

YEAS-Messrs. Beck, Booth, Brown, Call, Coke, Davis of West Virginia, Groome, Hereford, Ingalls, Johnston, Jonas, Jones of Florida, Kernan, Kirkwood, Mc Donald, Maxey, Morgan, Pendleton, Pugh, Ransom, Saulsbury, Saunders, Slater, Teller, Vance, Vest, Voorhees, Williams-28.

NAYS-Messrs. Allison, Anthony, Bailey, Baldwin, Blaine, Blair, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, DAVIS of Illinois, Dawes, Edmunds, Ferry, Garland, Hamlin, Hill of Colorado, Hill of Georgia, Hoar, Kellogg, Logan, McMillan, Me Pherson, Morrill, Platt, Rollins, Walker, Windom-28.

This vote had the effect of restoring the clause. The bill was further amended, and passed as above.

IN HOUSE.

1881, February 21-Mr. GOODE, by direction of the Committee on Education and Labor, moved to suspend the rules and pass this bill; but the House refused to second the motion, and no further action was taken.

IN HOUSE.

FORTY-SIXTH CONGRESS, THIRD SESSION. 1881, February 2-Mr. S. S. Cox reported this bill from the Select Committee:

Be it enacted, etc., That after the third of March, eighteen hundred and eighty-three, the House of Representatives shall be composed of three hundred and eleven members, to be apportioned among the several States as follows:

Alabama, eight; Arkansas, five; California, five; Colorado, one; Connecticut, four; Delaware, one; Florida, two; Georgia, ten; Illinois, nineteen; Indiana, thirteen; Iowa, ten; Kansas, six; Kentucky, ten; Louisiana, six; Maine, four; Maryland, six; Massachusetts, eleven; Michigan, ten; Minnesota, five; Mississippi, seven; Missouri, fourteen; Nebraska, three; Nevada, one; New Hampshire, two; New Jersey, seven; New York, thirty-two; North Carolina, nine;

Ohio, twenty; Oregon, one; Pennsylvania, twenty-seven; Rhode Island, two; South Carolina, six; Tennessee, ten; Texas, ten; Vermont, two; Virginia, ten; West Virginia, four; Wisconsin, eight.

The bill was antagonized by other bills several times, and once filibustered against by the Republicans; but finally an agreement was made that the House vote on the numbers 322, 319, 315 and 307 respectively.

March 3-The number 322 was rejected by this vote-yeas 119, nays 132:

YEAS-Messrs. N. W. Aldrich, W. Aldrich, Anderson, Bailey, Baker, Ballou, Barber, Barlow, Bayne, Belford, Bingham, Blake, Bouck, Bowman, Boyd, M. S. Brewer, Briggs, Brigham, Browne, J. C. Burrows, Butterworth, Camp, Cannon, Carpenter, Caswell, Chittenden, Claflin, Conger, Cowgill, Crapo, Daggett, G. R. Davis, H. Davis, Deering, DE LA MATYR, Deuster,