Mr. Ela moved to add at the end of section | thington C. Smith, William Smyth, Starkweather, one the following:

of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation;' and inserting these words: "and to secure the same by mortgage on its tracks, depots, rolling stock, and other personal property alone."

Which was disagreed to-yeas 59, nays 107, as follow:

YEAS-Messrs. Ambler, Arnell, Asper, Beatty, Bird, Buffinton, Burchard, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Crebs, Cullom, Dickinson, Duval, Ela, Eldridge, Farnsworth, Finkelnburg Griswold, Haight, Haldeman, Hawley, Hay, Heflin, Holman, Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Packer, Randall, Reeves, Rice, Sargent, Shanks, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, Voorhees, Williams, Winans, Witcher-59.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Conger, Conner, Covode, Cowles, Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Mercur, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, John A. Smith, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, Ward, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson, Woodward-107.

Mr. Williams moved to add to the 1st section the following:

YEAS-Messrs. Allison, Ambler, Arnell, Asper, Beatty' Buffinton, Burchard, Cessna, Sidney Clarke, Amasa Cobb, Cook, Cowles, Cox, Crebs, Cullom, Dawes, Degener, Dickinson, Donley, Duval, Dyer, Ela. Eldridge, Finkelnburg, Garfield, Haldemon, Hamilton, Hawkins, Hawley, Hay, Heflin, Holman, Ingersoll, Johnson. Judd, Knott, Lawrence, Lewis, McCrary, McGrew, McNeely, Mercur, Eliakim II. Moore, William Moore, Newsham, Orth, Packard, Packer, Paine, Pomeroy, Potter, Ranliam J. Smith, Stevens, Stevenson, Stiles, Strong, Tydall, Reeves, Rice, Sargent, Shanks. John A. Smith, Wilner, Upson, Van Wyck, Ward, William B. Washburn, Williams, John T. Wilson, Winans, Witcher, Wood

ward-72.

Banks, Barnum, Barry, Bennett, Bird, Blair, Booker,
NAYS-Messrs. Ames, Armstrong, Axtell, Ayer, Bailey,
Bowen, Boyd, George M. Brooks, Buckley, Roderick
R. Butler, Cake, Calkin, Churchill, William T. Clark,
Cleveland, Clinton L. Cobb, Conger, Conner, Covode,
Dixon, Dox, Ferriss, Ferry, Fitch, Fox, Getz, Haight,
ley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin,
Hamill, Harris, Hays, Hoge, Hooper, Hotchkiss, Kel-
Lash, Logan, Lynch, Mayham, Maynard, McCarthy,
McKee, Morphis, Daniel J. Morrell, Morrissey, Myers,
Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A.
Negley, O'Neill, Peck, Perce, Peters, Phelps, Poland,
Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S.
Smith, Worthington C. Smith, William Smyth, Stark-
Tanner, Taylor, Tillman. Townsend, Trimble, Twichell,
weather, Stokes, Stone, Stoughton, Strickland. Taffe,
M. Wilson-94.
Van Auken, Wheeler, Whitmore, Wilkinson, Eugene

The bill then passed both Houses as above.

IN HOUSE.

1870, March 21.-Mr. Holman submitted the following resolution, which was unanimously agreed to:

Resolved, That in the judgment of this House the policy of granting subsidies in public lands to railroad and other corporations ought to be discontinued; and that every consideration of public policy and equal justice to the whole peo

And be it further provided, That the grants of lands herein stipulated to said company are made upon the express condition that the Congress of the United States reserves the right to regulate and limit the rates of freight and fare of passen-ple gers on said road, whenever, in the opinion of Congress, the same shall become necessary to protect commerce among the several States. Which was disagreed to—yeas 72, nays 94, as follow:

requires that the public lands of the United States should be held for the exclusive purpose of securing homesteads to actual settlers under the homestead and pre-emption laws, subject to reasonable appropriations of such lands for the purposes of education.

LV.

THE RESTORATION OF VIRGINIA, MISSISSIPPI, AND TEXAS.

AN ACT to admit the State of Virginia to Representation in the Congress of the United States. Whereas the people of Virginia have framed and adopted a constitution of State government which is republican; and whereas the Legislature of Virginia elected under said constitution have ratified the XIVth and XVth amendments to the Constitution of the United States; and whereas the performance of these several acts in good faith was a condition precedent to the representation of the State in Congress: Therefore,

Be it enacted, &c., That the said State of Virginia is entitled to representation in the Congress of the United States: Provided, That before any member of the Legislature of said State shall

take or resume his seat, or any officer of said
State shall enter upon the duties of his office, he
shall take and subscribe and file in the office of
the secretary of state of Virginia, for perma-
nent preservation, an oath in the form follow-
ing: "I,
do solemnly swear that I
have never taken an oath as a member of Con-
gress, or as an officer of the United States, or as
a member of any State legislature, or as an ex-
ecutive or judicial officer of any State, to sup-
port the Constitution of the United States, and
afterward engaged in insurrection or rebellion
against the same, or given aid or comfort to the
enemies thereof: so help me God;" or such per-
son shall in like manner take, subscribe, and file

the following oath: "I,

do solemnly swear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XIVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath was

regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further, That the State of Virginia is admitted to representation in Congress as one of the States of the Union upon the following fundamental conditions: First, That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law,

Burchard, Burdett, Benjamin F. Butler, Roderick R.
Butler, Cake, Cessna, Clarke, Amasa Cobb, Clinton L.
Cobb, Coburn, Cook, Conger, Cowles, Cullom, Davis,
Dawes, Dixon, Donley, Duval, Dyer, Ela, Farnsworth,
Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Garfield,
Hill, Hoar. Sol. L. Hoge, Hooper, Ingersoll, Jenckes,
Gilfillan, Hale, Hamilton, Hawley, Hay, Heaton, Heflin,
Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham,
Knapp, Laflin, Lash, Lawrence, Logan, Loughridge,
kim H. Moore, Jesse H. Moore, William Moore, Daniel
Lynch, Maynard, McCarthy, McCrary, McGrew, Elia-
J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill,
Orth, Packard, Paine, Palmer, Peters. Phelps, Poland,
Schenck, Scofield, Shanks, Lionel A. Sheldon, Porter
Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer,
Sheldon, John A. Smith, William J. Smith, Worthing-
ton C. Smith, William Smyth, Starkweather, Stevens,
Tanner, Tillman, Townsend, Twichell, Tyner, Upson,
Stevenson, Stokes, Stoughton, Strickland, Strong. Taffe,
Van Horn, Ward, Cadwalader C. Washburn, William
B. Washburn Welker, Wheeler, B. F. Whittemore, Wil-
kinson, Willard, Williams, John T. Wilson, Winans-

136.

NAYS-Messrs. Adams, Archer, Axtell, Beck, Bird, James Dickinson, Dox, Eldridge, Getz, Golladay, Greene. GrisBrooks, Burr, Calkin, Cleveland, Cox, Crebs, Deweese, wold, Haldeman, Hambleton, Hamill, Hawkins, Holman, Johnson. Thomas L. Jones, Kerr, Knott, Marshall, Mayham, McCormick, McNeely, Morgan, Mungen, Niblack. Slocum, Joseph S. Smith, Stiles, Stone, Strader. Swann, Potter, Randall, Reeves, Rice, Rogers, Schumaker, Sherrod, Sweeney, Trimble, Van Auken, Van Trump. Voorhees, Wells, Eugene M. Wilson, Winchester, Wood, Woodward

58.

Previous Votes.

IN HOUSE.

Committee on Reconstruction, reported the fol1870, January 11-Mr. Farnsworth, from the lowing bill, to admit the State of Virginia to representation in the Congress of the United

States:

whereof they shall have been duly convicted a constitution republican in form, and by its proWhereas the people of Virginia have adopted under laws equally applicable to all the inhabit-visions assuring the equality of right in all citiants of said State: Provided, That any altera- zens of the United States before the law; and tion of said constitution, prospective in its effects, may be made in regard to the time and place of residence of voters. Second, That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens. Third, That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State.

Approved, January 26, 1870.

The final votes on this act were as follow:

whereas the Congress of the United States have received assurances and are assured that the people of Virginia, and especially those heretofore in insurrection against the United States, have renounced all claims of any right of secession in a State, and that they are now welldisposed to the Government of the United States, and will support and defend the Constitution thereof, and will carry out in letter and spirit the provisions and requirements of the constitution submitted under the reconstruction acts of Congress, and ratified by the people of Virginia; Therefore,

Be it enacted, &c., That the State of Virginia is entitled to representation in Congress as a State of the Union, under the constitution ratified on the 6th day of July, 1869, upon the following IN SENATE, January 24, 1870. fundamental conditions: First. That no persons YEAS-Messrs. Abbott, Anthony. Boreman, Brown- shall hold any office, civil or military, in said low, Buckingham, Carpenter, Chandler, Cole, Conkling, State, who shall not have taken and subscribed Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gil- one of the following oaths or affirmations, viz: bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, "I do solemnly swear (or affirm) that I have McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, never taken an oath as a member of Congress, Ross, Sawyer, Schurz, Scott, Sherman, Spencer, Stew- or as an officer of the United States, or as a memart, Tipton, Trumbull, Warner, Willey, Williams, Wil-ber of any State legislature, or as an executive

son, Yates-47.

NAYS-Messrs. Bayard, Casserly, Davis, Fowler, William T. Hamilton, Norton, Saulsbury, Stockton, Thurman, Vickers-10.

IN HOUSE, January 24, 1870.
YEAS-Messrs. Allison, Ambler, Ames, Armstrong,
Arnell, Asper, Bailey, Banks, Beaman, Beatty, Benja-
min, Bennett, Benton, Bingham, Blair, Boles, Bowen,
Boyd, George M. Brooks, Buck, Buckley, Buffinton,

or judicial officer of any State, to support the Constitution of the United States and thereafter engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof;" or, "I do solemnly swear (or affirm) that I have been relieved from disability by an act of Congress, as provided for by the third sec

-142.

Wilson, Winans, Winchester, Witcher, Wood, Woodward And provided further, That the State of VirNAYS-Messrs. Ambler, Arnell, Asper, Beatty, Benton, ginia is admitted to representation in Congress Boles, Bowen, Boyd, Buffinton, Cessna, Clarke, Amasa as one of the States of the Union, upon the folCobb, Coburn, Dickey, Dixon, Donley, Ela, Ferriss, lowing fundamental conditions: First. That the Fisher, Hamilton, Hawley, Hoar, Solomon L. Hoge, constitution of Virginia shall never be so amended Kelley, Kelsey, Lawrence, Loughridge, Maynard, McCrary, William Moore, Negley, O'Neill, Palmer, Phelps, or changed as to deprive any citizen or class of Pomeroy, Roots, Shanks, William J. Smith, William citizens of the United States of the right to vote Smyth, Stevens, Stevenson, Stokes. Taffe, Townsend, who are entitled to vote by the constitution Ward, Cadwalader C. Washburn, Wheeler, B. F. Whittemore, Willard-49. herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State: Provided, That any alteration of said constitution, prospective in its effects, may be made in regard to the time and place of residence of voters.

IN SENATE.

1870, January 17-Mr. Edmunds moved to amend by inserting at the end of the bill the following proviso:

Provided, That before any member of the legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take and sub

do

Mr. Schurz moved to amend the amendment

by inserting after the word "vote," the words or to hold office," which was not agreed to— yeas 28, nays 32, as follow:

YEAS-Messrs. Abbott, Anthony, Boreman, Brown

Robertson, Schurz, Spencer, Sumner, Thayer, Warner,

scribe and file in the office of the secretary of state of Virginia, for permanent preservation, an oath in the form following: "I, solemnly swear that I have never taken an oath low, Buckingham, Chandler, Edmunds, Gilbert, Hamas a member of Congress, or as an officer of the lin, Harlan, Harris, Howe, McDonald, Morrill of VerUnited States, or as a member of any State leg-mont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Rice, islature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such person shall in like manner take, subscribe, and file the following oath: “I,

do solemnly swear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XIVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office;

Which (January 19) was agreed to-yeas 45, nays 16, as follow:

YEAS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilson-45.

Wilson, Yates-28.

NAYS-Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Cragin, Davis, Drake, Fenton, Ferry, rill of Maine, Norton, Nye, Patterson, Ross, Saulsbury, Fowler, William T. Hamilton, Howard, Kellogg, MorSawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Willey, Williams-32.

The amendment of Mr. Drake was agreed toyeas 31, nays 28, as follow:

YEAS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, terson, Pomeroy, Pratt, Ramsey, Rice, Robertson, SpenMcDonald, Morrill of Vermont, Morton, Osborn, Patcer, Sumner, Thayer, Wilson, Yates-31. Conkling, Corbett, Davis, Fenton, Ferry, Fowler, Wil

NAYS-Messrs. Bayard, Carpenter, Casserly, Cole,

liam T. Hamilton, Morrill of Maine, Norton, Nye, Ross, Saulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey,

Williams-28.

Same day, Mr. Drake moved further to amend by inserting at the end of the bill the following:

Second. That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens.

Which was agreed to-yeas 30, nays 29, as follow:

YEAS-Messrs. Abbott, Boreman, Brownlow. Buckingham, Chandler, Drake, Edmunds, Gilbert. Hamlin, Harlan, Harris, Howard, Howe, Kellogg, Mc Donald, Mor

rill' of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sumner, Thayer, Wilson, Yates-30.

NAYS-Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Cragin, Davis, Fenton. Ferry, Fowler, William T. Hamilton, Morrill of Maine, Norton. Nye, Ross. Saulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams-29.

Same day, Mr. Wilson moved to amend by in

NAYS-Messrs. Bayard, Casserly, Davis, Ferry, Fow-serting at the end of the bill the following:

ler, William T. Hamilton, Kellogg, McCreery, Norton,

Ross, Saulsbury, Stewart, Stockton, Thurman, Trumbull,

Vickers-16.

January 21-Mr. Drake moved to insert at the end of the bill the following:

Third. That the constitution of Virginia shall never be so amended or changed as to deprive any

citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State.