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ye snbject to like punishment, pains, and penalies, and to none other, any law, statute ordilance, regulation, or custom, to the contrary hotwithstanding. SEg. 2. That any person who, under color of Any law, statute, ordinance, regulation, or sustom, shall subject, or cause to be subjected, any inhabitant of any State or Territory to the leprivation of any right secured or protected By this act, or to different punishment, pains, or Senalties on account of such person having at any time been held in a condition of slavery or involuntary servitude, except as a punishment or crime whereof the party shall have been duly convicted, or by reason of his color or race, than is prescribed for the punishment of white persons, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both, in the discretion of the court. SEC. 3. That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts or judicial tribunals of the State or locality where they may be any of the rights secured to them by the first section of this Act ; and if any suit or prosecution, civil or criminal, has been or shall be commenced in any State court against any such person, for any cause whatsoever, or against any officer, civil or military, or other person, for any arrest or imprisonment, trespasses, or wrongs done or committed by virtue or under color of authority derived from this act or the act establishing a bureau for the relief of freedmen and refugees, and all acts amendatory thereof, or for refusing to do any act upon the ground that it would be inconsistent with this act, such defendant shall have the right to remove such-cause for trial to the proper district or circuit court in the manner prescribed by the “Act relating to habeas corpus atd regulating judicial F. in certain cases,” approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof. The jurisdiction in civil and criminal matters hereby conferred on the district and circuit courts of the United States shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carr the same into effect; but in all cases where . laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offences against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of the cause, civil or criminal, is § so far as the same is not inconsistent with the Constitution and laws of United States, shall be extended to and govern said courts in the trial and disposition of such cause, and, if of a criminal nature, in the infliction of punishment on the party found guilty. SEC. } That the district attorneys, marshals,
territorial courts of the United States, with pow
against the laws of the United States, the officers and agents of the Freedmen's Bureau, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute o against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imE. or bailed, as the case may be, for trial efore such court of the United States or territorial court as by this act has cognizance of the offence. And with a view to affording reasonable protection to all persons in their constitutional rights of equality before the law, without distinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, and to the prompt discharge of the duties of this act, it ...F. e duty of the circuit courts of the United States and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and exami-, nation of persons charged with a violation of this act. And such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to of. fences created by this act, as they are authorized by law to exercise with regard to other offences against the laws of the United States. SEC. 5. That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person upon whom the accused is alleged to have committed the offence. And the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby o and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process that may be issued by them in the lawful performance of their respective duties; and the persons so appointed to execute any warrant of process as aforesaid shall have authority to summon and call to their aid the bystanders or the posse comitatus of the proper county, or such portion of the land and naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the clause of the Constitution which prohibits slavery, in conformity with the provisions of this act; and said warrants shall run and be executed by said officers anywhere in the State or Terrritory
and deputy marshals of the United States, the 9mmissioners appointed by the circuit court and
within which they are issued. SEC. 6. That any person who shall knowingly
ers of arresting, imprisoning, or bailing offenders
and wilfully obstruct, hinder or Fo any officer, or other person charged with the execution of any warrant or process issued under the rovisions of this act, or any person or persons awfully assisting him or them, from arresting any person for whose apprehension such warrant or process may have been issued, or shall rescue or attempt to rescue such person from the custody of the officer, other person or persons, or those lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist any person so arrested as aforesaid, directly or indirectly, to escape from the custody of the officer or other i. legally authorized as aforesaid, or shall harbor or conceal any person for whose arrest a warrant or process shall have been issued as aforesaid, so as to prevent his discovery and arrest after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for either of said offences, be subject to a fine not exceeding one thousand
dollars, and imprisonment not exceeding six
months, by indictment and conviction before the district court of the United States for the district in which said offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States. SEC. 7. That the district attorneys, the marshals, their deputies, and the clerks of the said district and territorial courts shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, inclusive of all services incident to such arrest and examination. The person or persons authorized to execute the process to be issued by such commissioners for the arrest of offenders against the provisions of this act shall be entitled to a fee of five dollars for each person he or they may arrest and take before any such commissioner as aforesaid, with such other fees as may be deemed reasonable by such commissioner for such other additional services, as may be necessarily performed by him or them, such as attending at the examination, keeping the o: in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner, and in general for per; forming such other duties as may be required in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction, Sfc. 8. That whenever the President of the United States shall have reason to believe that offences have been, or are likely to be committed against the provisions of this act within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such lace within the district, and for such time as i. may designate, for the purpose of the more
speedy arrest and trial of persons charged with a violation of this act; and it shall be the duo of every judge or other officer, when any su. requisition shall be received by him, to atte. at the place and for the time therein designate. SEC. 9. That it shall be lawful for the Pres, dent of the United States, or such person as he may empower for that purpose, to o so part of the land or naval forces of the Unit. States, or of the militia, as shall be necessary prevent the violation and enforce the due excution of this act. SEC. 10. That upon all questions of law arisis: in any cause under the provisions of this act, final appeal may be taken to the Supreme Cour: of the United States. The votes on this bill were: 1866, February 2—The SENATE passed the his —yeas 33, nays 12, as follow :
Caffroth, Dawson, Denison, Glossbrenner, Goodyear, Grider, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, Jones, Kerr, Latham, Le Blond, Marshall, McCullough, Nicholson, Phelps, Radford, Samuel J. Randall, William H. Randall, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Taber, Taylor, Thornton, Trimble, Winfield–38. March 15—The Senate concurred in the House amendments. March 27—The bill was vetoed, April 6—The SENATE passed the bill, notwithstanding the objections of the President, by a vote of 33 yeas to 15 nays, as follow : YEAs—Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Creswell, Edmunds, Fessenden, Foster, Grimes. Harris, Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates—33. NAYs—Messrs. Buckalew, Cowan, Davis, Doolittle, Guthrie, Hendricks, Johnson, Lane of Kansas, McDougail, Nesmith, Norton, Riddle, Saulsbury, Van Winkle, Wright—15. April 9–The House of REPRESENTATIVES again passed it—yeas 122, nays 41, as follow: YEAs—Messrs. Alley, Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Colfax, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Kasson, Kelley, Kelso, Ketcham, Laflin, George W. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee, McRuer, Mercur, MilIer. Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Starr, Stevens, Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Wentworth, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge.—122. NAYs—Messrs. Ancona, Bergen, Boyer, Caffroth, Dawson, Denison, Eldridge, Finck, Glossbrenner, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James M. Humphrey, Latham, Le Blond, Marshall, McCullough, Niblack, Nicholson, Noell, Phelps, Radford. Samuel J. Randall, William H. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, Thorntom, Trimble, Whaley, Winfield, Wright.—41. Whereupon the Speaker of the House declared
the bill a law.
Veto of the Colorado Bill, May 15, 1866.
To the Senate of the United States: I return to the Senate, in which house it originated, the bill which has passed both Houses of Congress, entitled “An act for the admission of the State of Colorado into the Union,” with my objections to its becoming a law at this time. First. From the best information which I have been able to obtain, I do not consider the establishment of a State government at present necessary for the welfare of the people of Colorado. Under the existing Territorial government all the rights, privileges, and interests of the citizens are protected and secured. The ualified voters choose their own legislators and their own local officers, and are represented in Congress by a delegate of their own selection They make and execute their own municipal laws, subject only to revision by Congress—an authority not likely to be exercised, unless in extreme or extraordinary cases. The population is small, some estimating it so low as twenty
five thousand, while advocates of the bill reckon
the number at from thirty-five thousand to forty thousand souls. The people are principally recent settlers, many of whom are understood to be ready for removal to other minin districts beyond the limits of the #."; circumstances shall render them more inviting. Such a population cannot but find relief from excessive taxation if the territorial system, which devolves the expenses of the executive, legislative, and judicial departments upon the United States, is for the present continued. They cannot but find the security of person and property increased by their reliance upon the national executive power for the maintenance of law and order against the disturbances necessarily incident to all newly organized communities. Second. It is not satisfactorily established that a majority of the citizens of Colorado desire, or are prepared for an exchange of a territorial for a State government. In September, 1864, under the authority of Congress, an election was lawfully appointed and held, for the purpose of ascertaining the views of the people upon this particular question. 6,192 votes were cast, and of this number a majority of 3,152 was given against the proposed change. In September, 1865, without any legal authority, the uestion was again presented to the people of the Territory, with a view of obtaining a reconsideration of the result of the election held in compliance with the act of Congress approved March 21, 1864. At this second election 5,905 votes were polled, and a majority of 155 was given in favor of a State organization. It does not seem to me entirely safe to receive this, the last mentioned result, so irregularly obtained, as sufficient to outweigh the one which had been legally obtained in the first election. Regularity and conformity to law are essential to the preservation of order and stable government, and should, as far as practicable, always be observed in the formation of new States. Third. The admission of Colorado, at this time, as a State into the federal Union, appears to me to be incompatible with the public interests of the country. ... While it is desirable that territories, when sufficiently matured, should be organized as States, yet the spirit of the Constitution seems to require that there should be an approximation towards equality among the several States comprising the Union. No State can have less or more than two Senators in Congress. The largest State has a population of four millions; several of the States have a population exceeding two millions; and many others have a population exceeding one million. A population of 127,000 is the ratio of apportionment of representatives among the several States. If this bill should become a law, the people of Colorado, thirty thousand in number, would have in the House of Representatives one member, while New York, with a population of four millions, has but thirty-one; Colorado would have in the electoral college three votes, while New York has only thirty-three; Colorado would have in the Senate two votes, while New York has no more. Inequalities of this character have already occurred, but it is believed that none have happened where the inequality was so great. When such inequality has been allowed, Congress is supposed to have permitted it on the ground of some high public necessity, and under circumstances which promised that it would rapidly disappear through the growth and development of the newly admitted State. Thus, in regard to the several States in what was formerly called the “northwest territory,” lying east of the Mississippi, their rapid advancement in population rendered it certain that States admitted with only one or two representatives in Congress, would, in a very short period, be entitled to a reat increase of representation. So, when California was admitted on the ground of commercial and political exigencies, it was well foreseen that that State was destined rapidly to become a great, prosperous, and important mining and commercial community. In the case of Colorado, I am not aware that any national exigency, either of a political or commercial nature, requires a departure from the law of equality, which has been so generally adhered to in our history. * If information submitted in connection with this bill is reliable, Colorado, instead of increasing, has declined in population. At an election for members of a territorial legislature held in 1861, 10,580 votes were cast. At the election before mentioned, in 1864, the number of votes cast was 6,192; while at the irregular election held in 1865, which is assumed as a basis for legislative action at this time, the aggregate of votes was 5,905. Sincerely anxious for the welfare and prosperity of every Territory and State, as well as for the prosperity and welfare of the whole Union, I regret this apparent decline of population in Colorado; but it is manifest that it is due to emigration which is going on from that Territory into other regions within the United States, which either are in fact, or are believed by the inhabitants of Colorado to be, richer in mineral wealth and agricultural resources. If, however, Colorado, has not really declined in population, , another census, or another election under the authority of Congress, would place, the question beyond doubt, and cause but little delay in the ultimate admission of the Territory as a State, if desired by the people. The tenor of these objections furnishes the reply which may be expected to an argument in favor of the measure derived from the enabling act which was passed by Congress on the 21st day of March, 1864. Although Congress then supposed that the condition of the Territory was such as to warrant its admission as a State, the result of two years' experience shows that every reason which existed for the institution of a territorial instead of a State government in Colorado, at its first organization, still continues in force. The condition of the Union at the present moment is calculated to inspire caution in regard to the admission of new States. Eleven of the old States have been for some time, and still remain, unrepresented in Congress. It is a common interest of all the States, as well those represented as those unrepresented, that the integrity and harmony of the Union should be restored
as completely as possible, so that all those wo are expected to bear the burdens of the Feden Government shall be consulted concerning admission of new States; and that in the into time no new State shall be prematurely and io. necessarily admitted to a participation in t political power which the Federal ão wields, not for the benefit of any individuo State or section, but for the common safot, welfare, and happiness of the whole country. - ANDREW Johnson, WASHINGTON, D. C., May 15, 1866.
Copy of the Bill. AN ACT for the admission of the State of Col. rado into the Union.
Whereas, on the twenty-first day of Mao anno Domini eighteen hundred and sixty-so Congress passes an act to enable the people's Colorado to form a constitution and State gos. ernment, and offered to admit said State, who so formed, into the Union upon compliance wit certain conditions therein specified; and whero it appears by a message of the President of th: United States, dated January twelve, eighter. hundred and sixty-six, that the said people haadopted a constitution, which upon due exas: nation is found to conform to the provisions: comply with the conditions of said act, and to be republican in its form of government, at that they now ask for admission into the Unio
Be it enacted, &c., That the constitution 3:1. State government which the people of Color:}; have formed for themselves be, and the same 3 hereby, ratified, accepted, and confirmed, and till the said State of Colorado shall be, and is here's declared to be one of the United States of Amo ica, and is hereby admitted into the Union us" an equal footing with the original States, in a respects whatsoever.
SEc. 2. And be it further enacted, That to said State of Colorado shall be, and is herto declared to be entitled to all the rights, prio leges, grants, and immunities, and to be subso to all the conditions and restrictions, of ano entitled “An act to enable the people of Colo rado to form a constitution and a State gover: ment, and for the admission of such State ino the Union on an equal footing with the original States,” approved March twenty-first, eight* hundred and sixty-four.
The votes on this bill were:
March 13–The bill was rejected—yes ||
nays 21, as follow:
YEAs—Messrs. Chandler, Cragin, Kirkwood, Lane's it. diana, Lane of Kansas, McDougall, Nesmith, Norton, ". eroy, Ramsey, Sherman, Stewart, Trumbull, Williams."
NAYs—Messrs. Buckalew. Conness, Creswell, Davis, I little, Fessenden, Foster, Grimes, Guthrie, IIarris, Hendrich, Morgan, Morrill, Poland, Riddle, Sprague, Stockton, ner, Van Winkle, Wade, Wilson—21.
Mr. Wilson entered a motion to reconsider to vote.
April 25—The Senate voted to reconsider yeas 19, nays 13. (Same as below.) n
The bill was then passed—yeas 19, nays!" as follow:
YEAs—Messrs. Chandler, Clark, Conness, Cragin, so well, Howard, Howe, Kirkwood, Lane of Indiana, Nye, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Trumbull, Wan Winkle, Willey, Wilson—19.
May 3–The bill was passed—yeas 81, nays 57, as follow : YEAs—Messrs. Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Banks, Barker, Beaman, Benjamin, Bidwell, Bingham, Blow, Brandegee, Bromwell, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling. Cullom, Defrees, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Farquhar, Ferry, Garfield, Grinnell, Abner C. Harding, Hart, Henderson, Holmes, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, James R. Hubbell, Ingersoll, Jenckes, Kasson, Kelso, Ketcham, Laflin, Latham, George W. Lawrence, William Lawrence, Loan, Longyear, Marston, McClurg, McKee, Mercur, Miller, Moorhead, Moulton, Myers, O'Neill, Orth, Patterson, Plants, Alexander H Rice, Rollins, Sawyer, Schenck, Shellabarger, Smith, Spalding, Francis Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Wan Horn, Warner, Welker, Whaley, Williams–81. NAxs—Messrs. Allison, Alley, Ancona, Baxter, Bergen, Blaine, Boutwell, Boyer, Broomall, Chamler, Coffroth, Darling, Dawson, Denison, Eldridge, Eliot, Finck, Glossbrenner, Grider, Griswold, Aaron Harding, Harris, };}} James Humphrey, Julian, Kelley, Kuykendall, Le Blond, Lynch, Marshall, McCullough, McRuer, Morrill, Morris, Newell, Niblock, Paine, Perham, Pike, Raymond, John H. Rice, Ritter, Ross, Rousseau, Shanklin, Stevens, Stilwell, Strouse, Taylor, Thornton, Ellihu B. Washburne, Henry D. Washburn, James I". Wilson, Windom, Winfield, Woodbridge, Wright—57. - Up to the time this page is put to press, no vote has been taken on the re-passage of the vetoed bill. When taken, it will be inserted in a subsequent page. Message Respecting the Proposed Constitutional Amendment on Representation, &c., June 22, 1866. To the Senate and House of Representatives: I submit to Congress a report of the Secretary of State, to whom was referred the concurrent resolution of the 18th instant,” respecting a submission to the legislatures of the States of an additional article to the Constitution of the United States. It will be seen from this report that the Secretary of State had, on the 16th instant, transmitted to the Governors of the several States certified copies of the joint resolution passed on the 13th instant, proposing an amendment to the Constitution. Even in ordinary times any question of amending the Constitution must be justly regarded as of paramount importance. This im}. is at the present time enhanced by the act that the joint resolution was not submitted by the two Houses for the approval of the President, and that of the thirty-six States which constitute the Union eleven are excluded from representation in either House of Congress, although, with the single exception of Texas, they have been entirely restored to all their functions as States, in conformity with the organic law of the land, and have appeared at the national o by Senators and Representatives, who have applied for and have been refused admission to the vacant seats.
*This resolution passed the House under a suspension of the rules, which was agreed to, yeas 92, nays 25, (the latter all Democrats,) by a vote of yeas 87, nays 20, on a count by tellers. It passed the Senate same day without a division; and is a copy of a concurrent resolution passed in 1864, requesting President Lincoln to submit the anti-slavery Amendment, changed only as to the phraseology descrip
Nor have the sovereign people of the nation been afforded an opportunity of expressing their views upon the important questions which the amendment involves. Grave doubts therefore may naturally and justly arise as to whether the action of Congress is in harmony with the sentiments of the people, and whether State legislatures, elected without reference to such an issue, should be called upon by Congress to decide respecting the ratification of the proposed amendment.
Waiving the question as to the constitutional Validity of the proceedings of Congress, upon the joint resolution proposing the amendment, or as to the merits of the article which it submits, through the Czecutive department to the legislatures of the States, I deem it proper to observe that the steps taken by the Secretary of State, as detailed in the accompanying report, are to be considered as purely ministerial, and in no sense whatever committing the Executive to an approval or a recommendation of the amendment to the State legislatures or to the people. On the contrary, a roper appreciation of the letter and spirit of the Constitution, as well as of the interests of national order, harmony, and union, and a due deference for an enlightened public judgment, may at this time well suggest a doubt whether any amendment to the Constitution ought to be proposed by Congress and pressed upon the legislatures of the several States for final decision until after the admissign of such loyal Senators and Representatives of the now unrepresented States as have been, or may hereafter be, chosen in conformity 3. the Constitution and laws of the United tates.
WASHINGTON, D.C., June 22, 1866.
To the President:
The Secretary of State, to whom was referred the concurrent resolution of the two Houses of Congress of the 18th instant, in the following words: “That the President of the United States be requested to transmit forthwith to the executives of the several States of the United States copies of the article of amendment proposed by Congress to the State legislatures to amend the Constitution of the United States, passed June 13, 1866, respectin citizenship, the basis of representation, disqualification for office, and validity of the public debt of the United States, &c., to the end that the said States may proceed to act upon the said article of amendment, and that he request the executive of each State that may ratify said amendment to transmit to the Secrétary of State a certified copy of such ratification,” has the honor to submit the following report, namely: That on the 16th instant the Hon. Amasa Cobb, of the Committee of the House of Representatives on Enrolled Bills, brought to this Department and deposited therein an enrolled resolution of the two Houses of Congress, which was thereupon received by the Secrétary of State and deposited, among the rolls of the
tive of the amendment.
Department, a copy of which is hereunto an