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Others made the same request. But Mr. Payne refused to yield for any purpose.

The* vote was then taken on the motion; and it was disagreed to, (two-thirds being required) —yeas 81, nays 157 (not voting 51), as follow:

Yeas—Messrs. Ashe, Bagby, y. H. Bagley, jr., Barnum. S. N Bell, Blount, Bradford, J. Y. Brown, Cabell, J. H Caldwell, Caulfield, Chapin, Clymer, Cochrane, Collins, Cook, Cox, Culberson, Cutler, DeBolt, Douglas, Durham, Felton, Forney, Gibson, Goode, Gunter, Hancock, Hardenbergh, H R. Harris, C. H. Harrison, Hartridge, Henkle, G. W. Hewitt, Hooker, Hopkins, Hunton, Hard, Knott, G. M. Landers, Lane, Levy, Luttrell, Lynde, Maish, Meade, Metcalfe, Milliken, Money, Morrison, Mutchler, E. Y. Parsons, Payne, y. Phelps, Piper, Powell, Randall, Reagan, W. M. Robbins, C. B. Roberts, M. Ross, Schleicher, Singleton, Slemons, W. E, Smith, Stenger, Swann, Terry, P. F. Thomas, Throckmorton, Tucker, Turney, R. B. Vance, Walsh, Wigginton, Wike, A. S. Williams, y. Williams, y. N. Williams, Yeates, C. Young—81.

Nays—Messrs. C. H. Adams, Anderson, Atkins, G. A. Bagley, J. H. Baker, W. H. Baker, Ballou, Banks, Beebe, Blackburn, Blair, Boone, Bradley, Bright, W. R. Brown, H. C. Burchard, Burleigh, W. P. Caldwell, Campbell, Cannon, Cason, Caswell, Cate, Chittenden, y. B. Clarke, y. B. Clark, jr., Conger, Crapo, Crounse, Danford, yoseph y. Davis, Denison, Dibrell, Dobbins, Dunnell, Durand, Eames, Eden, Egbert, Ely, Evans, Farwell, Faulkner, Fort, Foster, Franklin, Fuller, Garfield, Glover, Goodin, E. Hale, A. H. Hamilton, R. Hamilton, Hartzell, Hathorn, Haymond, Hendee, Henderson, Hereford, A. S. Hewitt, G. F. Hoar, Holman, Hoskins, Hubbell, Hunter, Hurlbut, Hyman, T. L. yones, Joyce, Kasson, Kehr, Kelley, Kimball, King, F. Landers, Lapham, Leavenworth, Lynch, Magoon, McCrary, McFarland, McMahon, Miller, Monroe, Morey, Morgan, Nash, Neal, New, Norton, O Brien, Oliver, O'Neill, Packer, Page, y. F. Philips, W. A. Phillips, Pierce, Plaisted, T. C. Piatt, Poppleton, A. Potter, y Reilly, A. V. Rice, Riddle, y. Robbins, M. S. Robinson, S. Ross, Rusk, Sampson, Savage, M. Sayler, Scales, Seelye, Sheakley, Sinnickson, R. Smalls, A. H. Smith, Southard, Sparks, Springer, Strait, Stevenson, Stone,, Stowell, Tarbox, Teese, C. P. Thompson, Thornburgh, M. I. Townsend, W. Townsend, Tufts, Van Vorhes, y. L. Vance, Waddell, Waldron, A. S. Wallace, J. W. Wallace, Walling, Walls, Ward, Warren, G. W. Wells, Wheeler, J. D. White, Whiting, Whitthurne, G. Willard, A. Williams, C. G. Williams, y, D. Williams, W. B. Williams, Willis, J. Wilson, A. Wood, jr., Woodburn, Woodworth—

[This bill is understood to have been adopted, in a caucus of Democratic Representatives, March 15, 1876, by a vote of 69 to 46, and ordered presented to the House, "as the best practicable compromise of differing opinions on the financial question."]

May 1—Mr. Holman moved that the rules be suspended so as to enable him to introduce, and the House to pass, a bill to repeal so much of the act entitled "An act to provide for the resumption of specie payments/' approved January

14, 1875, as authorizes the Secretary of th Treasury to redeem and cancel United State notes and to issue and sell United States bond for the accomplishment of that purpose.

Which was disagreed to, (two-thirds not havin. voted in the affirmative,) yeas 115, nays ill (nc voting 64), as follow:

Yeas—Messrs. Ainsworth, Anderson, Ai kins, J. H. Baker, Banning, Blackburn, Blana Blount, Bradford, y. Y. Brown, Buckner, £ D. Burchard, Cabell, y. H. Caldwell, W. F Caldwell, Cannon, Cason, Cate, Caulfield, y. B Clark, jr., Clymer, Cochrane, Collins, Cook Cotvan, Culberson, yoseph y. Davis, De Boh Dibrell, Douglas, Durham, Eden, Ellis, Evans Faulkner, Felton, Finley, Forney, Fort, Frank lin, Fuller, Glover, Goode, Goodin, A. H Ham ilton, H R. Harris, y T. Harris, C. H. Har rison, Hartridge, Hartzell, Hatcher, Haymond Hereford, Hill, Holman, Hopkins, House, Hun ter, Hunton, Kelley, F. Landers, W. Lawrence McFarland, McMahon, Milliken, Morgan, Neal New, Packer, E. Y. Parsons, Payne, Phelps, y F. Philips, W. A. Phillips, Poppleton, Randall, D Rea, Reagan, y. Reilly, y. B. Reilly, A. V Rice Riddle, y Robbins, W M. Robbins, C. B. Rob erts, M. S. Robinson, Savage, M. Sayler, Scales Sheakley, Slemons, W. E. Smith, Southard Sparks, Springer, Stenger, Stevenson, Stone Terry, Tucker, Turney, y L. Vance, R. B Vance, G. C. Walker, J. W. Wallace, Walling Walsh, E. Wells, Whitthorne, y D. Williams y. N. Williams, Wilshire, Woodworth, Yeates, C. Young—115.

Nays—Messrs. C. H. Adams, G. A. Bagley; y. H. Bagley, jr., Banks, Barnum, Beebe, S. N. Bell, Blaine, Blair, Bradley, H. C. Burchard Burleigh, Candler, Chapin, Chittenden, Conger. Crapo, Crounse, Cutler, Danford3 Davy, Denjson. Dunnell, Eames, Ely, Farwell, Foster, Frost, Frye, Garfield, Gibson, E. Hale, R. Hamilton, Haralson, Hardenbergh, Hendee, Henderson, Henkle, G. W. Hewitt, Hoge, Hoskins, Hubbell. Joyce, Kehr, Ketchum, Kimball, Lamar, G. M, Landers, Lane, Leavenworth, Levy, Luttrell^ Lynch, Maish, MacDougall, McCrary, J. W, McDill, Metcalfe, Miller, Monroe, -^Morrison, Mutchler, Norton, O Brien, O'Neill, Page, Pierce, Piper, Plaisted, T. C. Piatt, A. Potter, Powell, Pratt, Rainey, Rusk, Sampson, Schleicher, y. G. Schumaker, Seelye, Singleton, Sinnickson, R. Smalls, A. H. Smith, Stowell, Tarbox, C. P. Thompson, Thornburgh, Throckmorton, M. I. Townsend, W. Townsend, Tufts, Wait, Waldron, A. S. Wallace, Warren, Wells, Wheeler, J. D. White, Whitehouse, Whiting, Wigginton, G. Willard, A. Williams, A. S. Williams, C. G. Williams, y. Williams, W. B. Williams, J. Wilson, A. Wood, jr., F. Wood, Woodburn—no.

Change of Rule to facilitate a report from the Committee on Banking and Currency.

1876, June 6—Mr. Randall, from the Committee on Rules, reported the following as an addition to rule 74, relating to reports from the Committee on Banking and Currency:

And on any question referred to them by the House in relation to the currency, the said committee may during the present session report at any time.

Which was agreed to—yeas 115, nays 97:

Yeas—Messrs. Ainsworth, Anderson, Ashe, Atkins, Banning, Blackburn^ Bland, Blount, Boone, Bradford, Bright, J. Y. Brown, Buckner, Cabell, y. H Caldwell, W. P. Caldwell, CampBell, Cate, Cauljield, Chittenden, y. B. Clarke, y. B. Clark, jr., Clymer, Cochrane, Collins, Cook, Cutler, yoseph y. Davis, DeBolt, Dibrell, Douglas, Durhan, Eden, Egbert, Felton, Finley, Forney, Franklin, Fuller, Glover, Goodin, Gunter, A. H. Hamilton, R. Hamilton, y. T. Harris, C. H. Harrison, Hartridge, Hartzell, Haymond, Henkle, Hereford, A. S. Hewitt, G. W. Hewitt, Hill, Hopkins, House, Hunton, Hurd, yenks, T. L. yones, Knott, F. Landers, G. M. Landers, Le Moyne, Levy, B. B. Lewis, Maish, McFarland, Meade, Metcalfe, Milliken, Mills, Money, Morgan, Mutchler, Neal, Odell, E. Y. Parsons, y. F. Philips, Piper, Poppleton, Randall, D. Rea, Reagan, y. Reilly, A. V. Rice, Riddle, y. Rob bins, C.B. Roberts, M. Ross, Savage, Scales, Sheakley, Singleton, W. E. Smith, Southard, Sparks, Springer, Stenger, Stone, Szvann, Teese, P. F. Thomas, Throckmorton, R. B. Vance, G. C. Walker, Walling, Walsh, E. Wells, Whitthorne, Wigginton, y D. Williams, y. N* Williams, F. Wood, Yeates—115.

Nays—Messrs. C. H. Adams, Bagby, G. A. Bagley, J, H. Bagley, jr., J. H. Baker, W. H. Baker, Ballou, Beebe, S. N. Bell, Blaine, Blair, Bradley, W. R. Brown, H. C. Burchard, Burleigh, Candler, Cason, Caswell, Chapin, Crapo, Crounse, Danford, Davy, Denison, Dunnell, Durand, Eames, Frye, Garfield, E. Hale, Hardenbergh, B. W. Harris, Hendee, Henderson, Hoge, Hoskins, Hunter, Hurlbut, Joyce, Kasson, Kehr, Kelley, Ketchum, Kimball, King, W. Lawrence, Leavenworth, Lynch, E. W. M. Mackey, Magoon, MacDougall, McCrary, J. W. McDill, Miller, Monroe, Nash, Norton, O'Brien, Oliver, O'Neill, Packer, Page, W. A. Phillips, Pierce, Piatt, A. Potter, Powell, Pratt, Rainey, M. S. Robinson, Sampson, Schleicher, Seelye, Siftnickson, R. Smalls, A. H. Smith, Strait, Tarbox, Thornburgh, M. I. Townsend, W. Townsend, Tufts, Van Vorhes, Waldron, C. C. B. Walker, A. S. Wallace, Ward, Warren, Whiting, G. Willard, A. Williams, C. G. Williams, W. B. Williams, Willis, J. Wilson, A. Wood, jr., Wood worth—97.

June 26—Mr. Neal offered this bill:

A bill to repeal the act entitled "An act to provide for the resumption of specie payments," approved January 14, 1875.

Be it enacted, etc., That the act entitled "An act to provide for the resumption of specie payments," approved January 14, 1875, be, and the same is nereby, repealed.

And demanded the previous question on its passage, which was not seconded—ayes 77, noes 100.

Mr. Kasson rose to debate it, and it went over, under the rule.

July 10—Mr. Holman moved to suspend the rules, and pass this resolution:

Resolved, That the Committee on Banking and Currency be, and they are hereby, instructed to report to the House the following bill, and that

the same be made the special order for Thursday next after the morning hour, and be open for consideration and amendment, to wit:

A bill relating to the currency.

Be it enacted, etc., That so much of the act entitled "An act to provide for the resumption of specie payments," approved January 14, 1875, as authorized the Secretary of the Treasury to redeem in coin United States notes be, and the same is hereby, repealed.

Which was disagreed to—yeas 105, nays 96 (not voting 86), two-thirds being necessary, as follow:

Yeas—Messrs. Ainsworth, Anderson, Ashe, Atkins, J. H. Baker, Banning, Bland, Blount, Boone, Bradford, Bright, y. Y. Brown, Buckner, S. D. Burchard, Cabell, y. H. Caldwell, W. P. Caldwjell, Campbell, Cannon, Cason, Cate, Caulfield,y. B. Clark, jr., Clymer, Cochrane, Cook, Cowan, Culberson, yoseph y. Davis, Dibrell, Dobbins, Douglas, Eden, Ellis, Evans, Faulkner, Felton, Finley, Fuller, Gause, Goodin, Gunter, y. T. Harris, C. H. Harrison, Hartridge, Hartzell, Hatcher, Haymond, Hays, Henkle, Hereford, Hill, Holman, House, Hubbell, Hunter, Hunton, yenks, Kelley, Knott, F. Landers, Lane, B. B. Lewis, Lynde, L. A. Mackey, McFarland, Milliken, Morgan, New, y. Phelps, y F. Philips, Poppleton, Randall, D. Rea, y. Reilly, y B. Reilly, A. V. Rice, Riddle, C B. Roberts, M.S. Robinson, Savage, Scales, Singleton, Slemons, W. E. Smith, Southard, Sparks, Spencer, Springer, Stevenson, Stone, Terry, Turney, y. L. Vance, R. B. Vance, J. W. Wallace, Walling, Walsh, E. Wells, Wigginton, y. D. Williams, y. N. Williams, B. Wilson, Yeates, C. Young—105.

Nays—Messrs. C. H. Adams, Bagby, G. A. Bagley, y H. Bagley, jr., W. H. Baker, Ballou, Banks, S. N. Bell, Blair, Bradley, W. R. Brown, H. C. Burchard, Burleigh, Candler, Caswell, Conger, Crapo, Crounse, Cutler, Davy, Dunnell, Durand, Eames, Ely, Foster, C. Freeman, Frost, Garfield, E. Hale, R. Hamilton, Hancock, Hardenbei'gh, B. W. Harris, Henderson, A. S. Hewitt, G. F. Hoar, Hoskins, Hurd, Hurlbut, Kasson, Kehr, Ketchum, Kimball, G. M. Landers, Lapham, Le Moyne, Levy, Luttrell, E. W. M. Mackey, Magoon, Maish, MacDougall, J. W. McDill, Meade, Miller, Monroe, Morrison, Mutchler, Norton, O'Brien, O'Neill, Page, Pierce, Piper, T. C. Piatt, A. Potter, Powell, y. Bobbins, M. Ross, Rusk, Sampson, Schleicher, Seelye, Sinnickson, R. Smalls, A. H. Smith, Strait, Stowell, Tarbox, C. P. Tho7npson, Thornburgh, M. I. Townsend, W. Townsend, Tufts, Wait, Waldron, A. S. Wallace, Ward, G. W. Wells, Whiting, Wike, G. Willard, y Williams, W. B. Williams, Willis, Woodburn—96.

July 17—Mr. Springer moved to suspend the rules and pass a resolution instructing the Committee on Banking and Currency to report tomorrow a bill to repeal the act for the resumption of specie payments, to be open for amendment; which was disagreed to—yeas 102, nays 92 (not voting 92), two-thirds being necessary.

In House.

1876, July 17—Mr. John L. Vance moved to suspend the rules, and pass this resolution:

Resolved, That the Committee on Banking and Currency be, and they are hereby instructed to report to the House immediately after the reading of the journal to-morrow a bill to repeal the resumption day clause of the act entitled "An act to provide for the resumption of specie payment," approved January 14, 1875.

Pending which, a motion to adjourn was agreed to—yeas 100, nays 90 (not voting 96).

Coinage of Silver Dollars.

In House.

1876, July 24—Mr. Kelley moved to suspend the rules and pass this bill: A Bill to provide for the coining of the standard

silver dollar of the United States, and for restoring its legal tender character.

Whereas by the omission to name the legal tender silver dollar in the enumeration of the silver coins of the United States in the act of February 12, 1873, the authority to coin said dollar was withheld: Therefore,

Be it enacted, etc., That there shall be, from time to time, struck and coined, at the several mints of the United States, silver dollars of the weight of 412^ grains, as provided for in the act of January 18, 1837, upon which shall be the devices and legends provided by said act; and that the said dollar shall be a legal tender of payment for any sums whatever.

Which was disagreed to—yeas 119, nays'66 (not voting 99)—two-thirds being required—as follow:

Yeas—Messrs. Ainsworth, Anderson, Atkins, J. H. Baker, Bland, Boone, Bradford, Bradley, Bright, J. Y. Brown, W. R. Brown, Buckner, H, C. Burchard, S. D. Burchard, Cabell, J. H Caldwell, W. P. Caldwell, Campbell, Candler, Cannon, Cason, Cate, Caulfield, J. B. Clarke, J B. Clark, jr., Clymer, Cochrane, Conger, Cook, Joseph J. Davis, De Bolt, Dibrell, Dobbins, Douglas, Dunnell, Durham, Eden*Egbert, Evans, Felton, Finley, Forney, Fort, Franklin, Goode, Goodin, Gunter, A. H Hamilton, Hartzell, Hays, Hereford, Hill, Holman, Hopkins, House, Hunter, Hurl but, T. L. Jones, Kelley, Knott, F. Landers, Lane, Levy, Luttrell, Lynde, L. A. Mackey, J. W. McDill, McFarland, McMahon, Milliken, Mills, Neal% New, Page, J. Phelps, W. A. Phillips, Piper, Purman, Randall, D. Rea, Reagan, J. Reilly, J. B. Reilly, A. V. Rice, Riddle, W. M. Robbins, M. S. Robinson, Rusk, Sampson, Savage, Scales, Sheakley, Singleton, Slemons, W. E. Smith, Springer, Stevenson, Stone, Terry, Thornburgh, Tufts, Turney, Van Vorhes, J. L. Vance, R. B. Vance, Waddell, E. Wells, J. D. White, Whiting, Whitthorne, Wigginton, G. Willard, C. G. Williams, J.D. Williams, J.N. Williams,^. B. Williams, J. Wilson, Woodburn, Woodworth—119.

Nays—Messrs. C. H. Adams, G. A. Bagley, W. H. Baker, Ballou, S. N. Bell, Burleigh, Caswell, Chittenden, Crapo, Cutler, Danford, Darrall, Davy, Durand, Eames, Ely, Frye, Garfield, Gibson, E. Hale, Hancock, Hardenbergh, B. W. Harris, Hendee, Hoskins, Habbell, F. Jones, Kehr, Kimball, Lamar, Leavenworth, Lynch, Magoon, MacDougall, Meade, Metcalfe, Miller, Monroe, Mutchler, Norton, O'Neill, Packer,

Payne, Pierce, Plaisted, A. Potter, Rainey, J. Robbins, Schleicher, Seelye, Sinnickson, R. Smalls, Stowell, Tarbox, Teese, C. P. Thompson, M. I. Townsend, W. Townsend, Tucker, Wait, C. C. B. Walker, Ward, Warren, G. W. Wells, Wike, A. S. Williams, J. Williams, Willis—-68.

Amendment of Funding Act.

[For text of the Funding Act of July 14, 1870, and the votes on its1 passage, and in intermediate stages, see McPherson's History of Reconstruction, pp. 5 9 7-604.]

In Senate.

1876, February 25—Mr. Sherman moved to proceed to consider the bill (S. 478) amendatory of the Funding Acts of July 14, 1870, and January 20, 1871, as follows:

Be it enacted, etc., That the acts to authorize the refunding of the national debt, approved July fourteenth, eighteen hundred and seventy, and January twentieth, eighteen hundred and seventy-one, be so amended that the amount of bonds bearing four and one-half per centum interest, authorized to be issued, be increased to five hundred millions of dollars; and that they be payable at the pleasure of the United States after thirty years from the date of their issue, instead of after fifteen years.

Sec. 2. That this act shall not be construed to authorize any increase of the total amount of bonds provided for by the acts to which this act is an amendment, nor to authorize any increase whatever of the bonded debt of the United States; and all provisions of the acts to which this act is amendatory not inconsistent with the provisions of this act are hereby continued in force and effect.

[The changes proposed are to make the 4^ per cent, bonds provided for in 1870 payable in thirty years, instead of fifteen, and to increase the amount of them from three hundred million dollars to five hundred million dollars.]

In Senate.

1876, February 25—Mr. Mcdonald moved to amend by striking out, in line six, section one, of printed bill, the words "that the amount of bonds bearing four and one-half per centum interest, authorized to be issued, be increased to five hundred millions of dollars; and that they be payable at the pleasure of the United States after thirty years from the date of their issue, instead of after fifteen years."

And inserting in lieu thereof the following:

That the bonds now authorized to be issued, bearing four and one-half per cent, interest, be made payable at the pleasure of the United States after thirty years from date of their issue instead of after fifteen years.

Which was disagreed to—yeas 14, nays 43, ?*s follow:

Yeas—Messrs. Booth, Cockrell, Davis, Gordon, McCreery, McDonald, Maxey, Merrimon, Norwood, Randolph, Robertson, Saulsbury, Thurman, Wallace—14.

Nays—Messrs. Allison, Anthony, Boutwell, Bruce, Cameron of Pennsylvania, Cameron of Wisconsin, Caperton, Christiancy, Clayton, Conkling, Dawes, Dorsey, Eaton, Edmunds, English, Ferry, Frelinghuysen, Hamilton, Hamlin, Harvey, Howe, Ingalls, Johnston, Jones of Florida, Kelly, Kernan, Key, Logan, McMillan, Mitchell, Morrill of Maine, Morrill of Vermont, Morton, Oglesby, Sargent, Sherman, Spencer, Wadleigh, West, Whyte, Windom, Withers, Wright—43.

The bill then passed—yeas 51, nays 5 (Messrs. Cockrell, Eaton, McCreery, McDonald, Robertson).

In House.

Referred, February 29, to Ways and Means, and not reported by that Committee.

Silver Coinage Bill.

In House.

1876, July 19—Mr. Bland reported from the

Committee on Mines and Mining, the following

bill (H. R. 3635):

A bill to utilize the product of gold and silver

mines, and for other purposes.

Be it enacted, &c, That coin notes of the denomination of $50, and multiples thereof up to $10,000, may, in the mode hereinafter provided, be paid by the several mints and assay offices at San Francisco, Carson City, Philadelphia, and New York, for the net value of gold and silver bullion deposited thereat; and of the bullion thus received not less than 75 per cent, in coin or fine bars shall at all times be kept on hand for redemption of the coin notes, gold for gold, and' silver for silver. The gold deposited shall be computed at its coining value, and silver at the rate of 412.8 grains standard silver to the dollar, less the lawful mint charges, and such charge for transportation from the several assay offices to the mints for coinage, and from the latter to the assistant treasuries respectively at which the coin notes shall be payable; and there shall be coined at the mints of the United States the silver dollar hereinbefore mentioned.

Sec. 2. That for bullion deposited at the mints of San Francisco and Carson, the coin notes issued shall be redeemable on demand at the assistant treasury at San Francisco; and for bullion deposited at the Philadelphia mint and assay office at New York, the notes shall be redeemed at the assistant treasury.

Sec. 3. That the Secretary of the Treasury shall, from time to time, cause coin and fine mintbars (stamped) to be transferred from the mint to the assistant treasuries at San Francisco and New York in such amounts as may be necessary for the redemption of the coin notes.

Sec. 4. That the coin notes issued under the provisions of this act shall be receivable without limit for all dues to the United States; and the coin mentioned in this act shall be a legal tender for all debts, public and private, not specified to be paid in gold coin.

Sec. 5. That the gold coin notes issued under this act shall be redeemed, on presentation, in gold coin or fine bars, and silver in silver dollars or fine bars.

Sec. 6. That the coin notes authorized by this act to be issued shall be prepared under the direction of the Secretary of the Treasury, and shall be transferred to the mints and assay offices named in this act as a part of the bullion fund, and from which fund deposits shall be paid for in coin or coin notes at the option of the depositor.

Sec. 7. That the fine gold and silver bars by this act authorized to be issued shall bear the mint. stamp of fineness, weight, and value, and the value of the gold bars shall be computed according to their coining rate, and the silver bars at their coining value in dollars.

Sec. 8. That the Secretary of the Treasury shall prescribe the necessary regulations for carrying into effect the provisions of this act.

A direct vote upon it has not been reached up to the time this page was stereotyped.

XYIII.

GENERAL POLITICAL YOTES, FORTY-FOURTH CONGRESS.

Supplement to. the Present Statutes in Aid and Defense of the Constitutional Rights of Citizens.

In Senate.

1876, June 23—The following bill (S. 686) was considered the entire day, and finally passed as follows: A Bill supplementary to the present statutes in

aid and defense of the constitutional rights of

citizens.

Be it enacted, &°c, That if, by or under the authority of the constitution or laws of the United States, or of any State, or the laws of any Territory, any act is or shall be required to be done as a prerequisite or qualification for voting, and by such constitution or laws any persons or officers shall be charged with the performance of duties in furnishing to citizens an opportunity to perform such prerequisite, or to become qualified

?

to vote, it shall be the duty of every such person and officer to give, and every such person and officer respectively shall give, to all citizens of the United States the same and equal opportunity to perform such prerequisite and to become qualified to vote, without distinction of race, color, or previous condition of servitude; and if any such person or officer shall refuse or knowingly omit to execute and give full effect to the foregoing provisions of this section, on account of the race, color, or previous condition of servitude of the applicant or person seeking to perform such prerequisite or qualification for voting, he shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full cost, and such allowance for counsel-fees as the court shall deem just; and shall, also, for every such offense, be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dol.. lars or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court.

Sec. 2. That if any person or officer of the United States, or officer of any State, or any person exercising power or authority under the United States or any State, shall deny or abridge to any citizen of the United States, entitled by the laws of such State, or by the Constitution or laws of the United States, to vote at any election, the right and opportunity so to vote at such election by reason of his race, color, or previous condition of servitude, or shall for said cause fail to allow and furnish such citizen, so entitled to vote as aforesaid, a full, fair, impartial and equal opportunity, under the laws, with all other citizens entitled to vote at any such election, to exercise his right of voting, every person and officer so offending shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, and be imprisoned not exceeding two years.

Sec. 3. That whenever by or under the authority of the constitution or laws of any State, or the laws of any Territory, or the laws of the United States, any act is or shall be required to be done by any citizen as a pre-requisite to qualify or entitle him to vote, the offer of any such citizen to perform the act required to be done as aforesaid shall,, if it fail to be carried into execution by reason of the wrongful act or omission of the, person or officer charged with the duty of receiving or permitting such performance or offer to perform br acting thereon, proceeding from the race, color, or previous condition of servitude of such citizen, be deemed and held as a performance in law of such act, and of the due performance by such person or officer of his duty in the premises; and the person so offering and failing as aforesaid, and being otherwise qualified, shall be entitled to vote in the same manner and to the same extent as if he had in fact performed such act, and as if such person or officer had done his duty in the premises; and any judge, inspector, or other officer of election, whose duty it is, or shall be, to receive, count, certify, register, report, or give effect to the lawful vote of any citizen, who shall wrongfully refuse or omit to receive, count, certify, register, report, or give effect to the lawful vote of any citizen, who shall wrongfully refuse or omit to receive, count, certify, register, report, or give effect to the vote of such citizen, so having offered and failed to perform as aforesaid, upon the presentation by him of his affidavit stating that he had a right to qualify as a voter, and such offer, and the time and place thereof, and the name of the officer or person whose duty it was to act thereon, and that he was wrongfully prevented by such officer or person from performing such act by reason of his race, color, or previous condition of servitude, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and such allowance for counselfees as the court shall deem just; and shall also, for every such offense, be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be

imprisoned not less than one month and not more than one year, or both, in the discretion of the court. And if any person so making and presenting such affidavit shall willfully and contrary to his oath in that behalf state or subscribe any material matter which he does not believe to be true, he shall be deemed guilty of perjury and shall on conviction be liable to the penalty provided in section 5392 of the statutes of the United States. Sec. 4. That if any person, by force, bribery, threats, or intimidation, or other unlawful means, shall hinder, delay, prevent, or obstruct, or shall combine and confederate with others to hinder, delay, prevent, or obstruct, any citizen from doing any act required by law to be done to qualify him to vote, or from voting at any election as aforesaid, on account of the race, color, or previous condition of servitude of such citizen, such person shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full cost, and such allowance for counsel-fees as the court shall deem just; and shall also, for every such offense, be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court.

Sec. 5. That if any person shall prevent, hinder, control, or intimidate, or shall attempt to prevent, hinder, control, or intimidate, any person having the right of suffrage from exercising, or in exercising, the right of suffrage, on account of the race, color, or previous condition of servitude of such person, by means of bribery, force, or intimidation, or by threats of depriving any such person of employment or occupation, or of ejecting such person from any house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, every such person so offending shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court. Pending its consideration, Mr. Thurman moved to strike from the second section, in the first line, the words "person or."

Which was disagreed to—yeas 14, nays 25: Yeas—Messrs. Caperton, Cockrell, Eaton, Goldthwaite, Johnston, Kelly, McCreery,Maxey, Merrimon, Norwood, Ransom, Thurman, Whyte, Withers—14.

Nays—Messrs. Alcorn, Allison, Anthony, Booth, Conkling, Dawes, Dorsey, Edmunds, Ferry of Michigan, Frelinghuysen, Hamilton, Hamlin, Harvey, Howe, Ingalls, Logan, Mitchell, Morrill of Maine, Morrill of Vermont, Oglesby, Paddock, Robertson, Sargent, Sherman, Wadleigh—25.

Mr. Whyte moved to strike out the word "fail" in the ninth line of printed bill, and insert in lieu thereof the word "refuse," which was disagreed to—yeas 15, nays 26. The affirmative was the same as on last vote, with Mr. Key additional. The negative was the same also, except that Messrs. Bruce, Cragin and Hitch

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