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other election at which such representative or delegate in Congress shall be chosen, shall be deemed to be a registration within the meaning of this act, notwithstanding the same shall also be made for the purpose of any State, territorial, or municipal election.

SEC. 21. And be it further enacted, That, whenever, by the laws of any State or Territory, the name of any candidate or person to be voted for as representative or delegate in Congress shall be required to be printed, written, or contained in any ticket or ballot with other candidates or persons to be voted for at the same election for State, territorial, municipal, or local officers, it shall be sufficient prima facie evidence, either for the purpose of indicting or convicting any person charged with voting, or attempting or offering to vote, unlawfully under the provisions of the preceding sections, or for committing either of the offenses thereby created, to prove that the person so charged or indicted, voted, or attempted or offered to vote, such ballot or ticket, or committed either of the offenses named in the preceding sections of this act with reference to such ballot. And the proof and establishment of such facts shall be taken, held, and deemed to be presumptive evidence that such person voted, or attempted or offered to vote, for such representative or delegate, as the case may be, or that such offense was committed with reference to the election of such representative or delegate, and shall be sufficient to warrant his conviction, unless it shall be shown that any such ballot, when cast, or attempted or offered to be cast, by him, did not contain the name of any candidate for the office of representative or delegate in the Congress of the United States, or that such offense was not committed with reference to the election of such representative or delegate.

SEC. 22. [Penalty for the refusal of any officer of election to do his duty, for making false return, &c.]

SEC. 23. And be it further enacted, That whenever any person shall be defeated or deprived of his election to any office, except elector of President or Vice-president, representative or delegate in Congress, or member of a State legislature, by reason

of the denial to any citizen or citizens who shall offer to vote, of the right to vote, on account of race, color, or previous condition of servitude, his right to hold and enjoy such office, and the emoluments thereof, shall not be impaired by such denial; and such person may bring any appropriate suit or proceeding to recover possession of such office, and in cases where it shall appear that the sole question touching the title to such office arises out of the denial of the right to vote to citizens who so offered to vote, on account of race, color, or previous condition of servitude, such suit or proceeding may be instituted in the circuit or district court of the United States of the circuit or district in which such person resides. And said circuit or district court shall have, concurrently with the State courts, jurisdiction thereof so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the fifteenth article of amendment to the Constitution of the United States, and secured by this act.

APPROVED, May 31, 1870.

No. 86. Redemption and Bank Note Act

July 12, 1870

THE great inequalities in the distribution of the national bank note circulation among the States, and the action of the Comptroller of the Currency under the act of March 3, 1865, led to the introduction of various bills relating to the subject. A bill "to provide a national currency of coin notes, and to equalize the distribution of circulating notes," was reported in the Senate, January 11, 1870, by John Sherman, from the Committee on Finance, and passed with amendments, February 2, by a vote of 39 to 23. Various substitutes offered in the House were rejected, and the bill with amendments passed that body, June 15, by a vote of 99 to 81, 50 not voting. The Senate refused to concur in the action of the House. The report of a conference committee was disagreed to by the House, June 29, the vote being 53 to 127, 49 not voting. The report of a second committee was agreed to by the Senate July 6, without a division, and by the House July 7, by a vote of 100 to 77, 53 not voting. REFERENCES. Text in U.S. Statutes at Large, XVI, 251–254. For the proceedings see the House and Senate Journals, 41st Cong., 2d Sess., and the

Cong. Globe. The text of the Senate bill is in the Globe, January 24; on the reasons for the bill, and its scope, see particularly Sherman's remarks, ibid.

An Act to provide for the Redemption of the three per cent. temporary Loan Certificates, and for an Increase of national Bank Notes.

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Be it enacted That fifty-four millions of dollars in notes for circulation may be issued to national banking associations, in addition to the three hundred millions of dollars authorized by the twenty-second section of the . . . [National Bank Act] .; and the amount of notes so provided shall be furnished to banking associations organized or to be organized in those States and Territories having less than their proportion under the apportionment contemplated by the provisions of the .. [act of March 3, 1865, amending the National Bank Act] and the bonds deposited with the treasurer of the United States, to secure the additional circulating notes herein authorized, shall be of any description of bonds of the United States bearing interest in coin, but a new apportionment of the increased circulation herein provided for shall be made as soon as practicable, based upon the census of eighteen hundred and seventy: Provided, That if applications for the circulation herein authorized shall not be made within one year after the passage of this act by banking associations organized or to be organized in States having less than their proportion, it shall be lawful for the comptroller of the currency to issue such circulation to banking associations applying for the same in other States or Territories having less than their proportion, giving the preference to such as have the greatest deficiency: And provided further, That no banking association hereafter organized shall have a circulation in excess of five hundred thousand dollars.

SEC. 2. And be it further enacted, That at the end of each month after the passage of this act it shall be the duty of the comptroller of the currency to report to the Secretary of the Treasury the amount of circulating notes issued, under the pro

visions of the preceding section, to national banking associations during the previous month; whereupon the Secretary of the Treasury shall redeem and cancel an amount of the three per centum temporary loan certificates issued under the acts of March two, eighteen hundred and sixty-seven, and July twentyfive, eighteen hundred and sixty-eight, not less than the amount of circulating notes so reported, and may, if necessary, in order to procure the presentation of such temporary loan certificates for redemption, give notice to the holders thereof, by publication or otherwise, that certain of said certificates (which shall be designated by number, date, and amount) shall cease to bear interest from and after a day to be designated in such notice, and that the certificates so designated shall no longer be available as any portion of the lawful money-reserve in possession of any national banking association, and after the day designated in such notice no interest shall be paid on such certificates, and they shall not thereafter be counted as a part of the reserve of any banking association.

SEC. 3. And be it further enacted, That upon the deposit of any United States bonds, bearing interest payable in gold, with the treasurer of the United States, in the manner prescribed in the nineteenth and twentieth sections of the national currency act, it shall be lawful for the comptroller of the currency to issue to the association making the same, circulating notes of different denominations, not less than five dollars, not exceeding in amount eighty per centum of the par value of the bonds deposited, which notes shall bear upon their face the promise of the association to which they are issued to pay them, upon presentation at the office of the association, in gold coin of the United States, and shall be redeemable upon such presentation in such coin: Provided, That no banking association organized under this section shall have a circulation in excess of one million of dollars.1

SEC. 4. And be it further enacted, That every national banking association formed under the provisions of the preceding 1 The limitation on circulation was removed by an act of January 19, 1875.

section of this act shall at all times keep on hand not less than twenty-five per centum of its outstanding circulation in gold or silver coin of the United States, and shall receive at par in the payment of debts the gold notes of every other such banking association which at the time of such payments shall be redeeming its circulating notes in gold coin of the United States.

SEC. 5. And be it further enacted, That every association organized for the purpose of issuing gold notes as provided in this act shall be subject to all the requirements and provisions of the national currency act, except the first clause of section twenty-two, which limits the circulation of national banking associations to three hundred millions of dollars; the first clause of section thirty-two, which, taken in connection with the preceding section, would require national banking associations organized in the city of San Francisco to redeem their circulating notes at par in the city of New York; and the last clause of section thirty-two, which requires every national banking association to receive in payment of debts the notes of every other national banking association at par: Provided, That in applying the provisions and requirements of said act to the banking associations herein provided for, the terms "lawful money," and "lawful money of the United States," shall be held and construed to mean gold or silver coin of the United States.

APPROVED, July 12, 1870.

No. 87. Naturalization Act

July 14, 1870

NUMEROUS proposals to amend the naturalization laws came before Congress during the session of 1869–1870, called out in part by the recent election frauds in New York. Bills introduced February 2 and March 2, 1870, by Noah Davis of New York, from the Committee on the Judiciary, were recommitted. A new bill was introduced by Davis June 13, and passed the same day under suspension of the rules by a vote of 130 to 49, 51 not voting. This

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