statistics as shall be necessary to enable the Secretary of the Interior to perform the duties in this act prescribed.

SEC. 3. That after the preliminary report provided for in the foregoing section shall have been submitted to the Secretary of the Interior, he shall ascertain from such preliminary report the basis of representation of each State and the aggregate basis of representation of the United States, and he shall ascertain the basis of representation of the several congressional districts by dividing the aggregate basis of representation of the United States by the number two hundred and seventy-five, rejecting any fraction of a unit which may remain; and he shall ascertain the number of representatives to be apportioned to each State by dividing the basis of representation of such State by the basis of representation of the several congressional districts, rejecting any fraction of a unit which remain; and he shall apportion so many additional representatives to the States having the largest rejected fractions, one to each, as shall make the whole number of representatives two hundred and seventy-five.

may

SEC. 4. That the Secretary of the Interior shall, on or before the 10th day of September, 1870, prepare and transmit, under the seal of his office, to the Speaker of the House of Representatives, and to the Governor of each of the

States, a certified statement of his proceedings under the provisions of this act.

Sec. 5. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Mr. Kelsey moved that the bill be laid upon the table, which was disagreed to-yeas 77, nays

90.

The bill was then passed-yeas 86, nays 85,

as follow:

"two hundred and seventy-five" wherever they occur, and insert the words "three hundred.' Strike out all from the word "limited" in the 11th line to the word "limited" in the 23d line, and all of the first section after the words “at large" in the 27th line.

June 13.-The first amendment of the committee, striking out two hundred and seventyfive, and inserting three hundred, was agreed to yeas 31, nays 21, as follow:

YEAS-Messrs. Abbott, Bayard, Boreman, Carpenter,
Casserly, Chandler, Corbett, Fowler, Gilbert, Harlan,
McDonald, Pomeroy, Ramsey, Rice, Ross, Schurz,
Howard, Howe, Howell, Johnston, Kellogg, McCreery,
Sprague, Stewart, Stockton, Thayer, Thurman, Tipton,
Trumbull, Warner, Yates-31.

Davis. Drake, Fenton, Hamilton of Maryland, Hamil
NAYS-Messrs. Ames, Brownlow, Buckingham, Cole,
ton of Texas, Hamlin, Morrill of Maine, Morrill of
Vermont, Morton, Pratt, Robertson, Saulsbury, Scott,
Sherman, Sumner, Vickers, Williams-21.

The next amendment of the committee, to strike out the following words-

44

And if the number of representatives of any State shall be reduced by such apportionment, such reduction shall not take effect in the FortySecond Congress, but such State shall have the same number of representatives in the FortySecond Congress to which it is by law entitled in the Forty-First Congress, and any representahave in the Forty-Second Congress in excess of tive or representatives which any State may be additional to the number of two hundred and the number fixed by such apportionment shall seventy-five herein limited"-was agreed to.

The next amendment of the committee, to strike out the following words

Second Congress shall be chosen in the respective "And all other representatives for the Fortycongressional districts now provided by law in the several States"-was agreed to.

་་

Mr. Trumbull moved to amend, by inserting in the last clause of the first section the words "or diminished" after the word "increased;" the words "so increased and all the representatives of any State so diminished" after the words "o such State;" and the words "unless otherwise provided by such State," at the end of the se tion, so that it would read:

YEAS-Messrs. Allison, Arnell, Asper, Atwood, Axtell, Ayer, Barry, Beatty, Beck, Benjamin, Bingham, Boles, Booker, Boyd, Buck, Buckley, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Conner, Cullom, Degener, Dockery, Dox, Farnsworth, Ferry, Finkelnburg, Fitch, Hamilton, Harris, Hawkins, Hawley, Hay, Hays, Heflin, Hill, Hoge, Ingersoll, Johnson, Alexander H. Jones, Judd, Logan, Loughridge, Marshall, Maynard, McCrary, MeAnd if the representation of any State sha!' Kee, McKenzie, Jesse H. Moore, Orth, Paine, Palmer, be increased or diminished by such apportion Perce, Platt, Pomeroy, Porter, Prosser, Roots, Sargent, ment, any additional representative or reprSawyer, Shanks, Lionel A. Sheldon, Sherrod, William sentatives of such State so increased and all tr Smyth, Stokes, Sweeney, Taffe, Tyner, Upson, Van Horn, Cadwalader C. Washburn, Welker, Whitmore, Wil-representatives of any State so diminished. liams, Eugene M. Wilson, Winans, Winchester, Witcher- the Forty-Second Congress shall be chosen b NAYS-Messrs. Archer, Banks, Barnum, Beaman, Ben- the State at large, unless otherwise provided by ton, Bird, George M. Brooks, James Brooks, Buffinton, such State." Burr, Cake, Calkin. Cessna, Cowles, Dawes, Dickey, Mr. Drake moved to add thereto the following Dickinson, Dixon, Ela, Eldridge, Ferriss, Fisher, Gar-words: "but thereafter shall be elected by single field. Gibson, Griswold, Haldeman, Hale, Hambleton, Hamill, Hoar, Holman, Hooper, Hotchkiss, Jenckes, districts;" which was disagreed to-yeas 24, nays Thomas L. Jones, Kelley, Kellogg, Kelsey, Kerr, Knapp, 28, as follow: Lawrence, Lynch, McCormick, McGrew, McNeely, Mer.cur, William Moore, Morgan, Daniel J. Morrell, MunYEAS-Messrs. Ames, Boreman, Buckingham, Cas gen, Myers, Negley, Niblack, O'Neill, Packer, Peters, serly, Corbett, Davis, Drake, Edmunds, Fenton, Ham Phelps, Poland, Potter, Randall, Reeves, Schenck, Schulton of Maryland, Howell, Johnston, McCreery, Morrill maker, Scofield, John A. Smith, Joseph S. Smith, Worth ington C. Smith, Starkweather, Stevens, Stevenson, Stader, Strong, Tanner, Taylor, Trimble, Twichell, Van Trump, Voorhees, Ward, William B. Washburn, Wells, Wheeler, Willard, Wood, Woodward-85.

86.

IN SENATE.

1870, May 25-Mr. Trumbull, from the Committee on the Judiciary, reported the bill with endments, as follows: Strike out the words

of Vermout, Morton, Pool, Pratt, Schurz, Scott, Spencer, Stockton, Thurman, Vickers, Warner-24.

NAYS-Messrs. Abbott, Bayard, Carpenter, Chandler, Cole, Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morrill of Maine, Osborn, Pomeroy, Ramsey, Rice, Robertson, Ross, Sherman, Sprague, Stewart, Sumner, Tipton. Trumbull, Yates-28.

The amendment of Mr. Trumbull was then agreed to.

Mr. Edmunds moved to strike out "1871" in

the first line of the bill, and insert "1873;" which was disagreed to-yeas 9, nays 31, as follow: YEAS-Messrs. Bayard, Cole, Hamlin, Morrill of Maine, Morrill of Vermont, Pratt, Scott, Sprague, Sumner-9. NAYS-Messrs. Abbott, Ames, Boreman, Casserly, Chandler, Davis, Fowler, Gilbert, Hamilton of Maryland, Harlan, Howard, Howe, Howell, Lewis, McCreery, McDonald. Morton, Nye, Osborn, Pomeroy, Ramsey, Robertson, Ross, Sherman, Spencer, Stewart, Stockton, Thayer, Trumbull, Vickers, Warner-31.

The bill, some verbal amendments having been made, was then passed-yeas 30, nays 10, as follow:

YEAS-Messrs. Abbott, Ames, Bayard, Boreman, Casserly, Chandler, Davis, Fowler, Gilbert, Harlan, Howard, Howe, Howell, Lewis, McCreery, McDonald, Morton, Nye, Osborn, Pomeroy, Pratt, Ramsey, Robertson, Ross, Spencer, Sprague, Stewart, Stockton, Trumbull, Warner-30.

NAYS-Messrs. Cole, Drake, Hamilton of Maryland, Hamlin, Morrill of Maine, Morrill of Vermont, Scott, Sherman, Sumner, Vickers-10.

Maine
New Hampshire...

Vermont.
Massachusetts...

Rhode Island..

Connecticut..
New York
Pennsylvania
New Jersey..
Delaware,.
Virginia.
Maryland.

South Carolina..
North Carolina.
Georgia
Alabama..
Mississippi....
Louisiana.
Ohio....

Whole number of representatives and delegates 252 sequently added for special States, making 241, and The original number fixed was 233. Eight were subNevada and Nebraska have since been admitted into the Union, increasing the representation to 243.

Another bill, containing the same provisions, with an amendment, providing that every State having a fraction exceeding one-half of the number required for a representative, shall have one representative added to its representation, was passed by the Senate on the 7th day of July, 1870, but was not reached in the House, a motion to suspend the rules for the purpose of considering it having been disagreed to July 13, 1870-yeas 93, nays 97.

made in the House by Mr. Coburn, of Indiana, A previous proposition on this subject was on the 13th day of December, 1869, as an amendment to the census bill; which, after discussion, was withdrawn

LVII.

BANKING AND CURRENCY.

AN ACT to provide for the redemption of the three per centum temporary loan certificates, and for an increase of national bank notes.

Be it enacted, &c., That $54,000,000, in notes for circulation may be issued to national banking associations in addition to the $300,000,000 authorized by the 22d section of the "Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 3, 1864; 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 to amend an act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved March 3, 1865, 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 1870: 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 $500,000.

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. 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 19th and 20th 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 $5, not exceeding in amount eighty per cent. 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 $1,000,000.

SEC. 4. That every national banking association formed under the provisions of the preceding section of this act shall at all times keep on hand not less than twenty-five per cent. 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 or silver coin of the United States.

SEC. 5. 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 22, which limits SEC. 2. That at the end of each month after the circulation of national banking associations the passage of this act it shall be the duty of the to $300,000,000; the first clause of section 32, Comptroller of the Currency to report to the which, taken in connection with the preceding Secretary of the Treasury the amount of circu- section, would require national banking associalating notes issued, under the provisions of the tions organized in the city of San Francisco to preceding section, to national banking associa- redeem their circulating notes at par in the city tions during the previous month; whereupon the of New York; and the last clause of section 32, Secretary of the Treasury shall redeem and can- which requires every national banking associa cel an amount of the three per centum temporary tion to receive in payment of debts the notes of loan certificates issued under the acts of March every other national banking association at par: 2, 1867, and July 25, 1868, not less than the Provided, That in applying the provisions and amount of circulating notes so reported, and may, requirements of said act to the banking associaif necessary, in order to procure the presentation tions herein provided for the terms "lawful of such temporary loan certificates for redemp-money" and "lawful money of the United States," tion, give notice to the holders thereof, by pub- shall be held and construed to mean gold or silver lication or otherwise, that certain of said certifi- coin of the United States. cates (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

SEC. 6. That to secure a more equitable distribution of the national banking currency, there may be issued circulating notes to banking associations organized in States and Territories hav

of the Secretary of the Treasury, may require:
Provided, That the amount of the issue of said
banks shall not be deducted from the amount of
new issue provided for in this act.
Approved July 13, 1870.

Final Vote.

IN SENATE, July 6, 1870.

The bill, as printed above, being the report of the co amittee of conference last appointed, was agreed to without a division.

IN HOUSE, July 7, 1870.

YEAS-Messrs. Allison, Ambler, Armstrong, Asper, Atwood, Ayer, Bailey, Banks, Benjamin, Bennett, Benton, Blair, Boles, Booker, Boyd, Buck, Buckley, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Burchard, Burdett, Roderick R. Butler, Cake, Cessna, Coburn, Conger, Cook, Covode, Cowles, Darrall, Dickey, Donley, Duval, Dyer, Ferriss, Ferry, Finkelnburg, Thomas L. Jones. Judd, Kelley, Knapp, Lash, Logan, Fisher, Garfield, Gilfillan, Ilarris, Hawley, Hays, Hill, Loughridge, McCarthy. McCrary, McGrew, McKenzie, Mercur, Eliakim H. Moore, Jesse H. Moore, William O'Neill, Packard, Packer, Palmer, Peck, Poland, Porter, Moore, Morphis, Daniel J. Morrell, Myers, Negley, Prosser, Roots, Sawyer, Scofield, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Stoughton, Strickland, Taffe, Tanner, Taylor, Tillman, Worthington C. Smith, William Smyth, Stevens, Stokes, Trimble, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn, Wheeler, Whitmore, Wilkinson, Willard, John T. Wilson-100.

ing less than their proportion, as herein set forth; | and the amount of circulation in this section authorized shall, under the direction of the Secretary of the Treasury, as it may be required for this purpose, be withdrawn, as herein provided, from banking associations organized in States having a circulation exceeding that provided for by the act entitled "An act to amend an act entitled 'An act to provide for a national banking currency secured by pledge of United States bonds, and to provide for the circulation and redemption thereof,'" approved March 3, 1865, but the amount so withdrawn shall not exceed $25,000,000. The Comptroller of the Currency shall, under the direction of the Secretary of the Treasury, make a statement showing the amount of circulation in each State and Territory, and the amount to he retired by each banking association in accordance with this section, and shall, when such redistribution of circulation is required, make a requisition for such amount upon such banks, commencing with the banks having a circulation exceeding $1,000,000 in States having an excess of circulation, and withdrawing their circulation in excess of $1,000,000, and then proceeding pro rata with other banks having a circulation exceeding $300,000 in States having the largest excess of circulation, and reducing the circulation of such banks in States having the greatest proportion in excess, leaving undisturbed the banks in States having a smaller proportion, until those in greater excess have been reduced to the same grade, and continuing thus to make the reduction provided for by this act until the full amount of $25,000,000 herein provided for shall be withdrawn; and the circulation so withdrawn shall be distributed among the States and Territories having less than their proportion, so as to equalize the same; and it shall be the duty of the Comptroller of the Currency, under the direction of the Secretary of the Treasury, forthwith to make a requisition for the amount thereof upon the banks above indicated as herein prescribed; and upon failure of such associations, 1870, January 11-Mr. Sherman, from the or any of them, to return the amount so required Committee on Finance, reported the following within one year, it shall be the duty of the Comp-bill: troller of the Currency to sell at public auction, having given twenty days' notice thereof in one daily newspaper printed in Washington and one in New York city, an amount of bonds deposited by said association, as security for said circulation, equal to the circulation to be withdrawn from said association and not returned in compliance with such requisition; and the Comptroller of the Currency shall with the proceeds redeem so many of the notes of said banking association as they come into the treasury as will equal the amount required and not so returned, and shall pay the balance, if any, to such bank-organized or to be organized in those States and ing association: Provided, That no circulation shall be withdrawn under the provisions of this section until after the $54,000,000 granted in the first section shall have been taken up.

SEC 7. That after the expiration of six months from the passage of this act any banking association located in any State having more than its proportion of circulation may be removed to any State having less than its proportion of circulation, under such rules and regulations as the Comptroller of the Currency, with the approval

F

NAYS-Messrs. Adams, Archer, Arnell, Axtell, Barnum, Beatty, Biggs, Bingham, Bird, George M. Brooks, James Cleveland, Conner, Cox, Crebs, Davis, Dickinson, Dixon, Brooks, Buffinton, Burr. Benjamin F. Butler, Calkin, Dox, Ela, Getz, Haldeman, Hamill, Hawkins, Hay, Hoar, Hooper, Ingersoll, Jenckes, Johnson, Julian, Kellogg, Kerr, Lawrence, Lewis, Marshall. Mayham, McCormick, Randall, Reeves, Rice, Sanford, Sargent, Schumaker, McNeely, Morgan, Mungen, Niblack, Orth, Paine, Potter, Shanks. Slocum, Joseph S. Smith, Starkweather, Stevenson, Stiles, Stone, Strong, Swann, Sweeney, Townsend, Voorhees, Ward, Welker, Williams, Winchester, Woodward Twichell, Tyner, Van Auken, Van Trump, Van Wyck, -77.

Previous Votes.

IN SENATE.

To provide a national currency of coin notes, and to equalize the distribution of circulating

notes.

Be it enacted, &c., That $45,000,000 in notes for circulation may be issued to national banking associations, in addition to the $300,000,000 authorized by the 22d section of the "Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 4, 1864; and the amount of notes so provided shall be furnished to banking associations

Territories having less than their proportion under the apportionment contemplated by the provisions of the "Act to amend an act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved March 3, 1865; but a new apportionment shall be made as soon as practicable, based upon the census of 1870.

SEC. 2. That at the end of each month after the passage of this act it shall be the duty of