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XL.

XVTH CONSTITUTIONAL AMENDMENT.

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1869, February 26-The report of the committee of conference, recommending the passage of the amendment as printed above was agreed to-yeas 39, nays 13, as follow:

YEAS-Messrs. Anthony, Cattell, Chandler, Cole, Conking, Conness, Cragin, Drake, Ferry, Fessenden, Frelinghuysen, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson of New Hamp shire, Ramsey, Rice. Robertson, Sherman, Stewart, Thayer. Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson-39.

NAYS-Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle, Fowler, Hendricks, McCreery, Norton, Patterson of Tennessee, Pool, Vickers, Whyte-13.

February 25-The House concurred-yeas 144, nays 44, (not voting 35,) as follow:

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Paine, Perham, Peters, Pettis, Pike, Plants, Poland,
Pomeroy, Price, Prince, Raum, Robertson, Roots, Saw
yer, Scofield, Shanks, Shellabarger, Smith, Spalding,
Starkweather, Stevens, Stewart, Stokes, Stover, Taffe,
Thomas, Trimble, Trowbridge, Twichell, Upson, Van
Aernam, Burt Van Horn, Robert T. Van Horn, Ward,
Cadwalder C. Washburn, Henry D. Washburn, William
B. Washburn, Welker, Whittemore, Thomas Williams,
William Williams, James F. Wilson, John T. Wilson,
Windom, Mr. Speaker Colfax-144.

NAYS-Messrs. Archer, Axtell, Barnes, Beck, Boyer,

Brooks, Burr, Cary, Chanler, Eldridge, For, Getz, Gloss-
brenner, Golladay, Grover, Haight, Hawkins, Holman,
Hotchkiss, Richard D. Hubbard, Humphrey, Johnson,
Thomas L. Jones, Kerr, Knott, Loughridge, Mallory,
Marshall, McCormick, McCullough, Mungen, Niblack,
Nicholson, Phelps, Pruyn, Robinson, Ross, Stone, Taber,
Van Auken, Van Trump, Wood, Woodward, Young—44.

This subject engaged a large share of attention during the third session of the Fortieth Congress. The various votes and proceedings upon it are subjoined in the order of the date of occurrence.

The House Joint Resolution, (H. R. 402.)

IN HOUSE.

1869, January 30-The House passed the amendment in these words:

JOINT RESOLUTION proposing an amendment to the Constitution of the United States.

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of both houses concurring.) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be held as part of said Constitution, namely:

ARTICLE

SEO. 1. The right of any citizen of the United States to vote shall not be denied or abridged by the United States or any State by reason of race, color, or previous condition of slavery of any citizen or class of citizens of the United States.

SEC. 2. The Congress shall have power to enforce by appropriate legislation the provisions of this article.

The vote was yeas 150, nays 42, not voting 31, as follow:

YEAS-Messrs, Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Boutwell, Bowen, Boyden, Bromwell, Broomall, Backley, Benjamin F. Butler, Roderick R. Butler, Callis, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Cornell, Covode, Cullom, Dawes, Dickey, Dodge, Donnelly, Driggs, Eckley, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Farnsworth, Ferriss, Ferry, Fields, French, Garfield, Goss, Gove, Gravely, Griswold, Hamilton, Harding, Haughey, Heaton, Highy, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, William Law-ander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, rence, Logan, Lynch, Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newsham, Norris, Nun. O'Neill, Orth,

YEAS-Messrs. Allison, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Blackburn, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Bromwell, Broo.nall, Buckland, Buckley, Benjamin F. Butler, Cake, Callis, Churchill. Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, Dawes, Delano, Deweese, Dockery, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Farnsworth, Ferriss, Ferry, Fields, French, Garfield, · Goss, Gove, Gravely, Griswold, Halsey, Hamilton, Harding, Haughey, Heaton, Higby, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Jenckes, AlexKetcham, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marvin, Maynard, McKee, Mercur, Miller,

'Moore, Moorhead, Morrell, Mullins, Myers, Newcomb, | ley, Artell, Bailey, Baker, Banks, Barnum, Beck, Benja-
Newsham, Norris, Nunn, O'Neill, Orth, Paine, Perham,
Peters, Pierce, Pike, Pile, Plants, Poland, Price, Prince,
Raum, Robertson, Roots, Sawyer, Scofield, Selye.
Shanks, Shellabarger, Smith, Spalding, Starkwea he,
Stewart, Stokes, Stover, Taffe, Taylor, Thomas, John
Trimble, Trowbridge, Twichell, Upson, Van Aernam,
Burt Van Horn, Robert T. Van Horn, Van Wyck, Ward,
Cadwalader C. Washburn, Henry D. Washburn, William
B. Washburn, Welker, Whittemore, Thomas Williams,
William Williams, James F. Wilson, John T. Wilson,
Stephen F. Wilson, Windom, and Mr. Speaker Colfax
-180.
NAYS-Messrs. Archer, Artell, Baker, Barnum, Beck,
Bingham. Boyer, Brooks, Burr, Cary Chanler, Fox, Getz,
Golladay, Grover, Haight, Hawkins, Hotchkiss, Hum-
phrey, Johnson, Thomas L. Jones, Kerr, Knott, Marshall,
McCormick, Mungen, Niblack, Nicholson, Phelps, Polsley,
Pruyn, Randall, Robinson, Ross, Sitgreaves, Stone, Taber,
Tift. Van Auken, Van Trump, Woodward, Young—12.

NOT VOTING--Messrs. Adams, Ames, Anderson. Barnes, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Eldridge, Glossbrenner, Hill, Holman, Asahel W. Hubbard. Richard D. Hubbard, Ingersoll, Kitchen, Mallory, McCarthy, McCullough, Morrissey, Pettis, Pomeroy, Schenck, Stevens, Sypher, Lawrence S. Trimble, Vidal, Ellihu B. Washburne, Wood, Woodbridge―31.

The Previous Votes.

Same day-An amendment by Mr. Bingham, and an amendment to the amendment by Mr, Shellabarger pending, the House voted as follows upon them:

Mr. Bingham's amendment was to substitute the following for the first section of the said joint resolution:

No State shall make or enforce any law which shall abridge or deny to any male citizen of the United States of sound mind and twenty-one years of age or upward the exercise of the elective franchise at all elections in the State wherein he shall have actually resided for a period of one year next preceding such election, (subject to such registration laws and laws prescribing local residence as the State may enact,) except such of said citizens as shall engage in rebellion or insurrection, or who may have been, or shall be, duly convicted of treason or other infamous crimes.

Mr. Shellabarger's amendment to the amendment was to strike out the above, and insert what follows:

No State shall make or enforce any law which shall deny or abridge to any male citizen of the United States of the age of twenty-one years or over, and who is of sound mind, an equal vote at all elections in the State in which he shall have such actual residence as shall be prescribed by law, except to such as have engaged or may hereafter engage in insurrection or rebellion against the United States, and to such as shall be duly convicted of treason, felony, or other infamous crime.

Mr. Shellabarger's amendment to the amendment was disagreed to-yeas 62, nays 125, not voting 35, as follow:

YEAS-Messrs. Delos R. Ashley, Baldwin, Beaman, Beatty, Benton, Boles, Bowen, Broomall, Buckland, Cake, Clift, Cobb. Coburn, Cullom, Dawes, Delano, Eckley, Eggleston, Ela, James T. Elliott, French, Gravely, Hamilton, Hawkins, Hooper, Chester D. Hubbard, Judd, Julian, Kelley, Kelsey, George V. Lawrence, William Lawrence, Loan, Logan, Maynard, Mullins, Newsham, Norris, O'Neill, Orth, Paine, Plants, Polsley, Price, Prince, Sawyer, Schenck, Scofield, Shanks, ShellabarStarkweather, Stokes, Sypher, Twichell, Robert T. Van Horn, Ward, Cadwalader C. Washburn, Henry D. Washburn. William B. Washburn, Welker, Whittemore,

Thomas Williams-62.

NAYS-Messrs. Allison, Archer, Arnell, James M. Ash

min, Bingham, Blaine, Blair, Boutwell, Boyden, Boyer,
Bromwell, Brooks, Burr, Benjamin F. Butler, Callis,
Cary, Chanler, Churchill, Sidney Clarke, Cook, Corley,
Covode, Deweese, Dockery, Dodge, Donnelly, Driggs,
Edwards, Eldridge, Thomas D. Eliot, Ferriss, Ferry,
Fields. For, Garfield, Getz, Golladay, Goss, Gove, Gris-
wold, Grover, Haight, Halsey, Harding, Haughey, Hea-
ton, Higby, Hopkins, Hotchkiss, Hulburd, Humphrey,
Hunter, Jenckes, Johnson, Alexander H. Jones, Thomas
L. Jones, Kerr, Ketcham. Knott, Koontz, Laflin, Lash,
Lincoln, Loughridge, Marshall, Marvin, McCormick,
McCullough, McKee, Mercur, Miller, Moore, Morrell,
Mungen, Myers, Newcomb, Niblack, Nicholson, Nunn,
Perham, Peters, Phelps, Pierce, Pike, Pile, Poland,
Pruyn, Randall, Raum, Robertson, Robinson, Roots. Buss,
Sitgreaves, Smith, Spalding, Stewart, Stone, Stover, Taber,
Taffe, Taylor, Thomas, Tift, John Trimble, Trowbridge.
Upson, Van Aernain, Van Auken. Burt Van Horn. Van
Trump, Van Wyck, John T. Wilson, Stephen F. Wilson,
Windom, Woodbridge, Woodward, Young-128.
NOT VOTING-Messrs. Adams, Ames, Anderson, Barnes,
Blackburn, Buckley, Roderick R. Butler, Reader W.
Clarke, Cornell, Dickey, Dixon, Farnsworth, Glossbren-
ner, Hill, Holman. Asahel W. Hubbard, Richard D. Hub-
bard, Ingersoll, Kellogg, Kitchen, Lynch, Mallory, Me-
Carthy, Moorhead, Morrissey, Pettis, Pomeroy, Selye.
Stevens, Lawrence S. Trimble, Vidal, Ellihu B. Wash-
burne, William Williams, James F. Wilson, Wood-35.

agreed to-yeas 24, nays 160, not voting 38, as The amendment of Mr. Bingham was then dis

follow:

YEAS-Messrs. Artell, Baker, Bingham, Brooks, Deweese, Dockery, Eldridge, Garfield, Haight, Heaton, Hotchkiss, Alexander H. Jones, McCullough, Phelps, Plants, Robinson, Ross, Spalding, Stewart, Stone, Tift, John T. Wilson, Woodward, Young-24.

NAYS-Messrs. Allison, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Banks, Beaman, Beatty, Beck, Benjamin, Benton, Blaine, Blair, Boles, Boutwell, Bowen, ley, Burr. Benjamin F. Butler, Cake, Callis, Cary, ChanBoyden. Boyer, Bromwell, Broomall, Buckland, Backler, Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, Dawes, Delano, Donnelly, T. Elliott, Ferriss, Ferry, Fields, For, French, Getz, Driggs, Eckley, Eggleston, Ela, Thomas D. Eliot, James Golladay, Goss, Gove, Gravely, Griswold, Grover, Halsey, Hamilton, Harding, Hawkins, Higby, Hooper, HopJenckes, Johnson, Thomas L. Jones, Judd, Julian, Kelkins, Chester D. Hubbard, Hulburd, Humphrey, Hunter, ley, Kellogg, Kelsey, Kerr, Ketcham, Koontz, Laflin, Lash, George V Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marshall, Marvin, Maynard, McCormick, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Mungen, Myers, Newcomb, Newsham, Niblack, Nicholson, Norris, Nunn, O'Neill, Polsley, Price, Prince, Prum, Randall, Raum, Robert Orth, Paine, Perham, Peters, Pierce, Pike, Poland, son, Roots, Sawyer, Schenck, Scofield, Selye, Shanks, Shellabarger, Sitgreaves, Smith, Starkweather, Stokes, bridge, Twichell, Upson, Van Aernam, Van Auken, Burt Stover, Sypher, Taber, Taffe, Taylor, Thomas, TrowVan Horn, Robert T. Van Horn, Van Trump, Van Wyck, Ward, Cadwalader C. Washburn, Henry D. Washburn, Williams, William Williams, Stephen F. Wilson, WinWilliam B. Washburn, Welker, Whittemore, Thomas dom, Woodbridge-160.

Baldwin, Barnes, Barnum, Blackburn, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Dodge, Edwards, Farnsworth, Glossbrenner, Haughey, Hill, Holman, Asahel W. Hubbard, Richard D. Hubbard, Ingersoll. Kitchen, Knott, Mallory, McCarthy, Morrissey, Pettis, Pile, Pomeroy, Stevens, John Trimble, Lawrence S. Trimble, Vidal, Ellihu B. Washburne, James F. Wilson, Wood-38.

NOT VOTING-Messrs. Adams, Ames, Anderson, Archer,

The resolution was then engrossed and read a third time-yeas 144, nays 45, not voting 33, and passed as above.

Proceedings upon it in the Senate
IN SENATE.

In Committee of the Whole,

February 3-Mr. Stewart moved to amend by substituting the following in place of the House resolution:

SEC. 1. The right of citizens of the United

States to vote and hold office shall not be denied! or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

February 8—Mr. Williams moved to amend the amendment by striking out all after the words "section 1," and inserting:

Congress shall have power to abolish or modify any restrictions upon the right to vote or hold office prescribed by the constitution or laws of any State.

Which was disagreed to.

Mr. Drake moved to substitute for the amendinent of Mr. Stewart the following:

No citizen of the United States shall, on account of race, color, or previous condition of servitude be, by the United States or by any State, denied the right to vote or hold office.

Which was disagreed to.

Mr. Howard moved to substitute for the amendment of Mr. Stewart the following:

Citizens of the United States of African descent shall have the same right to vote and hold office in States and Territories as other citizens, electors of the most numerous branch of their respective legislatures.

Which was disagreed to-yeas 16, nays 35, as follow:

YEAS-Messsrs. Anthony, Chandler, Cole, Corbett,
Cragin, Ferry, Harlan, Howard, Norton, Patterson of
New Hampshire, Sumner, Thayer, Tipton, Wade,
Welch, Williams-16.

NAYS-Messrs. Abbott, Bayard, Buckalew, Cameron,
Cattell, Doolittle, Drake, Edmunds, Frelinghuysen,
Harris, Hendricks, Howe, Kellogg, McCreery, McDonald,
Morgan, Morrill of Maine, Morrill of Vermont, Nye,
Patterson of Tennessee, Ramsey, Rice, Saulsbury, Saw-
yer, Sherman, Spencer, Stewart, Trumbull, Van Winkle,
Vickers, Warner, Whyte, Willey, Wilson, Yates-35.
Mr. Warner moved to substitute for the amend
ment of Mr. Stewart the following:

The right of citizens of the United States to hold office shall not be denied or abridged by the United States or any State on account of property, race, color, or previous condition of servitude; and every male citizen of the United States of the age of twenty-years or over, and who is of sound mind, shall have an equal vote at all elections in the State in which he shall have actually resided for a period of one year next preceding such election, except such as may hereafter engage in insurrection or rebellion against the United States, and such as shall be duly convicted of treason, felony, or other

infamous crime.

Which was disagreed to. February 9-Mr. Wilson moved to amend by substituting the following:

There shall be no discrimination in any State among the citizens of the United States in the exercise of the elective franchise in any election therein, or in the qualifications for office in any State, on account of race, color, nativity, property, education, or religious belief.

Which was disagreed to-yeas 19, nays 24, as follow :

YEAS-Messrs. Cattell, Conness, Grimes, Harlan, Harris, Howe, McDonald, Morton, Ramsey, Ross, Sawyer, Sherman, Sumner, Van Winkle, Wade, Welch, Williams, Wilson, Welker-19.

NAYS-Messrs. Abbott, Anthony, Bayard, Cole, Conkling, Corbett, Davis, Dixon, Fessenden, Fowler, Frelinghuysen, Howard, Morgan, Morrill of Vermont, Norton, Nye, Patterson of Tennessee, Rice, Robertson, Spencer, Stewart, Trumbull, Vickers, Willey-24.

Mr. Sawyer moved to amend by substituting the following:

The right to vote and hold office in the United States and the several States and Territories shall belong to all male citizens cf the United States who are twenty-one years old, and who have not been, and shall not be, duly convicted of treason or other infamous crime: Provided, That nothing herein contained shall deprive the several States of the right to make such registration laws as shall be deemed necessary to guard the purity of elections, and to fix the terms of residence which shall precede the exercise of the right to vote: And provided, That the United States and the several States shall have the right to fix the age and other qualifi cations for office under their respective jurisdictions, which said registration laws, terms of residence, age, and other qualifications shall be uniformly applicable to all male citizens of the United States.

Which was disagreed to.

Mr. Henderson moved to add to Mr. Stewart's amendment the following:

Nor shall such right to vote, after the first day of January, 1872, be denied or abridged for offences now committed, unless the party to be affected shall have been duly convicted thereof.

Which was disagreed to.

Mr. Fowler moved to amend by substituting the following:

All the male citizens of the United States, residents of the several States now or hereafter comprehended in the Union, of the age of twenty-one years and upward, shall be entitled to an equal vote in all elections in the State wherein they shall reside, the period of such residence each State, except such citizens as shall engage as a qualification for voting to be decided by in rebellion or insurrection, or shall be duly convicted of treason or other infamous crime.

Which was disagreed to-yeas 9, nays 35, as follow:

YEAS-Messrs. Bayard, Cragin, Dizon, Fowler, Patterson of Tennessee, Ross, Sherman, Van Winkle, Wilson-9.

ling, Conness, Corbett, Davis, Drake, Ferry, FrelingNAYS-Messrs. Abbott, Anthony, Cattell, Cole, Conkhuysen, Harlan, Harris, Howard, McDonald, Morgan, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Sawyer, Spencer, Stewart, Tipton, Trumbull, Vickers, Wade,

Welch, Willey, Williams, Yates-35.

On motion of Mr. Conness, the word "or"

after the words "United States," where it occurs the second time in the pending amendment, was made to read "nor."

Mr. Vickers moved to add to Mr. Stewart's amendment the following:

abridged because of participation in the recent Nor shall the right to vote be denied or rebellion.

Which was disagreed to-yeas 21, nays 32, as follow:

YEAS-Messrs. Bayard, Buckalew, Davis, Dixon, Doo little, Ferry, Fowler, Grimes, Harlan, Hendricks, Mo Creery, Norton, Patterson of Tennessee, Pool, Ramsey, Robertson, Sawyer, Trumbull, Van Winkle, Vickers, Wilson-21.

NAYS-Messrs. Abbott, Anthony, Cattell, Cole, Conk ling, Conness, Corbett, Cragin, Drake, Fessenden, Frelinghuysen, Harris, Howard, Howe, Morgan, Morrill of Vermont, Morton, Nye, Patterson of New Hamp

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shire, Rice, Ross, Sherman, Spencer, Stewart. Sum- | amendments to "conventions" in the States inner, Thayer, Tipton, Wade, Welch, Willey, Williams, stead of the legislatures; which was disagreed to-yeas 11, nays 45, as follow:

Yates-32.

Mr. Bayard moved to amend Mr. Stewart's amendment so as to make it read:

The right of citizens of the United States to vote for electors of President and Vice President, and members of the House of Representatives of the United States, and hold office under the United States, shall not be denied or abridged by the United States nor by any State, on account of race, color, or previous condition of servitude.

Which was disagreed to-yeas 12, nays 42, as follow:

YEAS-Messrs. Anthony, Bayard, Buckalew, Davis, Dixon, Doolittle, Grimes, Hendricks, McCreery, Norton, Saulsbury, Van Winkle-12.

NAYS-Messrs. Abbott, Cattell, Cole, Conkling, Conness, Corbett, Cragin, Drake, Ferry, Frelinghuysen, Harlan, Harris, Howard, Howe, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Vickers, Wade, Warner, Welch, Willey, Williams, Wilson, Yates-42. Mr. Wilson moved to amend Mr. Stewart's amendment by substituting for it the following: No discrimination shall be made in any State among the citizens of the United States in the exercise of the elective franchise, or in the right to hold office in any State, on account of race, color, nativity, property, education, or creed. Which was agreed to-yeas 31, nays 27, as follow :

YEAS-Messrs. Abbott, Cameron, Cattell, Conness, Cragin, Ferry, Grimes, Harlan, Harris, Hendricks, Howe, McDonald, Morton, Osborn, Pool, Rice, Robertson, Ross, Sawyer, Sherman, Sumner, Thayer, Tipton, Van Winkle, Wade, Warner, Welch, Willey, Williams,

Wilson, Yates-31.

NAYS-Messrs. Anthony, Buckalew, Chandler, Cole, Conkling, Corbett, Dizon, Doolittle, Drake, Edmunds, Fessenden, Frelinghuysen, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Patterson of Tennessee, Ramsey, Saulsbury, Spencer, Sprague, Stewart, Trumbull, Vickers, Whyte-27.

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YEAS-Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle, Fowler, Hendricks, McCreery, Patterson of Tennessee, Saulsbury, Van Winkle, Vickers, Whyte-13.

NAYS-Messrs. Abbott, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, Harris, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer. Tipton, Trumbull, Wade, Warner, Welch, Willey, Williams, Wilson,

Yates-43.

Mr. Dixon moved to amend so as to refer the

YEAS-Messrs. Bayard, Buckalew, Davis, Dizon, Doolittle, Hendricks, McCreery, Patterson of Tennessee, Saulsbury,

Vickers, Whyte-11.

NAYS-Messrs. Abbott, Cameron, Cattell, Chandler,

Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, Harris, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross, Sawyer, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson, Yates-45.

Mr. Morton moved to amend by adding the following as article XVI:

The second clause, first section, second article of the Constitution of the United States shall be amended to read as follows: Each State shall appoint, by a vote of the people thereof qualified to vote for representatives in Congress, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector; and the Congress shall have power to prescribe the manner in which such electors shall be chosen by the people.

Which was disagreed to-yeas 27, nays 29, as follow:

YEAS-Messrs. Buckalew, Cattell, Dizon, Doolittle, Fer. ry, Fessenden, Fowler, Grimes, Hendricks, Kellogg, McDonald, Morton, Patterson of New Hampshire, Pool Rice, Ross, Sawyer, Spencer, Van Winkle, Vickers, Wade, Warner, Welch, Whyte, Willey, Williams, Wilson-27.

NAYS-Messrs. Abbott, Cameron, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Davis, Drake, Freling huysen, Harlan, Harris, Howe, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of Tennessee, Ramsey, Robertson, Sherman, Sprague, Stewart, Sumner, Tipton, Trumbull, Yates-29.

Mr. Sumner then moved to strike out all after the enacting clause, and insert as follows:

That the right to vote, to be voted for, and to hold office, shall not be denied or abridged any. where in the United States under any pretence constitutions, or in any laws, State, territorial, of race or color; and all provisions in any State declared null and void. or municipal, inconsistent herewith, are hereby

SEC. 2. And be it further enacted, That any person who, under any pretence of race or color, wilfully hinders or attempts to hinder any citizen of the United States from being registered, or from voting, or from being voted for, or from holding office, or who attempts by menaces to deter any such citizen from the exercise or enjoyment of the rights of citizenship above mentioned, shall be punished by a fine not less than

one hundred nor more than three thousand dol

lars, or by imprisonment in the common jail for not less than thirty days nor more than one year.

SEC. 3. And be it further enacted, That every person legally engaged in preparing a register of voters, or in holding or conducting an election, who wilfully refuses to register the name or to receive, count, return, or otherwise give the proper legal effect to the vote of any citizen under any pretence of race or color, shall be punished by a fine not less than five hundred nor more than four thousand dollars, or by imprison

ment in the common jail for not less than three | by him in Committee of the Whole, proposing calendar months nor more than two years. an additional article as Article XVI, and rejected, as follows:

The second clause, first section, second article of the Constitution of the United States shall be amended to read as follows: Each State shall appoint, by a vote of the people thereof qualified to vote for representatives in Congress, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector, and the Congress shall have power to prescribe the manner in which such electors shall be chosen by the people. Which was agreed to-yeas 37, nays 19, as follow:

SEC. 4. And be it further enacted, That the district courts of the United States shall have exclusive jurisdiction of all offences against this act; and the district attorneys, marshals, and deputy marshals, the commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting, imprisoning, or bailing offenders, and every other officer specially empowered by the President of the United States, shall be, and they are hereby, required, at the expense of the United States, to institute proceedings against any person who violates this act, and cause him to be arrested and imprisoned or bailed, as the case may be for trial before such court as by this act has cognizance of the offence. SEC. 5. And be it further enacted, That every citizen unlawfully deprived of any of the rights YEAS-Messrs. Buckalew, Cameron, Cattell, Cole, Conkof citizenship secured by this act under any pre-ling, Conness, Corbett, Dizon, Doolittle, Ferry, Fessenden, Fowler, Grimes, Harlan, Howe, Kellogg, McDontence of race or color, may maintain a suit against any person so depriving him, and re- New Hampshire, Pool, Ramsey, Rice, Robertson, Ross,/ cover damages in the district court of the United Sawyer. Spencer, Thayer, Vickers, Wade, Warner, Welch, States for the district in which such person may Whyte, Willey, Williams, Wilson-37. be found.

Which was disagreed to-yeas 9, nays 46, as follow:

YEAS-Messrs. Edmunds, McDonald, Nye, Ross, Sumner. Thayer, Wade, Wilson, Yates-9.

NAYS-Messrs. Abbott, Anthony, Bayard, Cameron, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Drake, Ferry. Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Harris, Hendricks, Howe, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Saulsbury, Sawyer, Sherman, Spencer. Sprague. Stewart, Trumbull, Van Winkle, Vickers, Warner, Whyte, Willey, Williams-46.

ald, Morrill of Maine, Morton. Osborn, Patterson of X

NAYS-Messrs. Abbott, Chandler, Cragin, Davis, Drake, Edmunds, Frelinghuysen, Harris, Hendricks, McCreery, Morgan, Morrill of Vermont, Patterson of Tennessee, Saulsbury, Sherman, Stewart, Trumbull, Van Winkle, Yates-19.

Mr Wilson moved to reconsider this vote; which was disagreed to-yeas 26, nays 28, as follow:

YEAS-Messrs. Cameron, Cattell, Chandler, Cole, Conness, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harris, Howe, Kellogg, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Ramsey, Sherman, Stewart, Thayer, Whyte, Willey, Wilson, Yates-26. NAYS-Messrs. Abbott, Buckalew, Conkling, Corbett, Davis, Dixon, Doolittle, Fowler, Grimes, Harlan, HenThe resolution was than reported to the Sendricks, McDonald, Morton, Osborn, Patterson of New ate, and the question being on concurring in the amendment made in Committee of the Whole, Mr. Warner moved to substitute for the article adopted in committee the following:

SEC. 1. No State shall make or enforce any law which shall abridge or deny to any male citizen of the United States of sound mind and over twenty-one years of age the equal exercise of the elective franchise at all elections in the State wherein he shall have such actual resi dence as shall be prescribed by law, except to such of said citizens as have engaged or shall hereafter engage in rebellion or insurrection, or who may have been, or shall be, duly convicted of treason or other crime of the grade of felony at common law, nor shall the right to hold office be denied or abridged on account of race, color, nativity, property, religious belief, or previous condition of servitude.

SEO. 2. The Congress shall have power to enforce this article by appropriate legislation. Which was disagreed to-yeas 5, nays 47, as follow:

cer, Warner-5.

YEAS-Messrs. Conkling, Kellogg, McDonald, SpenNAYS-Messrs. Abbott, Anthony, Buckalew, Cameron, Cattell, Chandler, Cole, Conness, Corbett, Cragin, Davis, Diron, Doolittle, Drake, Ferry, Fessenden, Fowler. Frelinghuysen, Harlan, Harris, Hendricks, Howe, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson of Tennessee, Ramsey, Rice, Robertson, Ross, Saulsbury, Sawyer, Sherman, Sprague, Stewart, Thayer. Trumbull, Van Winkle, Vickers, Whyte, Willey, Williams, Wilson, Yates-47.

Hampshire, Patterson of Tennessee, Pool, Rice, Robertson, Ross, Sawyer, Spencer, Sprague, Van Winkle, Vickers, Wade, Warner, Williams-28.

The resolution as amended-being the substiarticle offered by Mr. Morton-was then passed tute offered by Mr. Wilson and the additional yeas 40, nays 16, as follow:

YEAS-Messrs. Abbott, Cameron, Cattell, Chandler,

Cole, Conkling, Conness, Cragin, Drake, Ferry, Harlan, Harris, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson of New Hampshire, Pool, Ramsey, Rice, Robertson, Ross. Sawyer, Sherman, Spencer, Stewart. Thayer, Van Winkle, Wade, Warner, Welch, Willey, Williams,

Wilson, Yates-40.

Doolittle, Edmunds, Fowler, Grimes, Hendricks, McCreery,
Patterson of Tennessee, Saulsbury, Sprague, Vickers,
Whyte-16.

NAYS-Messrs. Anthony, Bayard, Corbett, Davis, Dixon,

IN HOUSE

February 15-The House-having suspended the rules, yeas 126, nays 31, not voting 65-disagreed to the amendments made by the Senate. The first question was on the amendment substituting the following for the first section:

"No discrimination shall be made in any State among citizens of the United States in the exercise of the elective franchise or in the right to hold office in any State on account of race, color, nativity, property, education, or creed."

Yeas 37, nays 133, (not voting 52,) as follow: YEAS-Messrs. Axtell, Baker, Beatty, Bingham, Buckland, Sidney Clarke, Coburn, Cullom, Deweese, Dickey, Dockery, Donnelly, Eggleston, Haughey, Heaton, Asahel W. Hubbard, Ingersoll, Kitchen, George V. Law. rence, William Lawrence, Nunn, Orth, Pile, Plants, PoMr. Morton then offered the amendment offered land, Scofield, Shanks, Spalding, Stover, Thomas, John

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