Preliminary Proceedings. Prior to the adoption of the joint resolution n the form above stated, these reports were made from the Joint Committee, and these votes were taken in the two Houses: IN HOUSE. April 30-Mr. Stevens, from the Joint Select Committee on Reconstruction reported a joint resolution, as follows: A joint resolution proposing an amendment to the Constitution of the United States. Be it resolved, &c., (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 valid as part of the Constitution, namely : ARTICLE. SEC. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. SEC. 2. Representatives shall be apportioned among the several States which may be included within this Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever in any State the elective franchise shall be denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty-one years of age. SEC. 3. Until the 4th day of July, in the year 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for representatives in Congress and for electors for President and Vice-President of the United States. SEC. 4. Neither the United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter be incurred, in aid of insurrection or of war against the United States, or any claim for compensation for loss of involuntary service or labor. YEAS-Messrs. Allison, Ames, Auderson, Banks, Baxter, The joint resolution, as above printed, then passed-yeas 128, nays 37, as follow: YEAS-Messrs. Alley, Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Butwell, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, James R. Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McClurg, McIndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Spalding, Stevens, Stillwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, War ner, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge, the Speaker-128. NAYS-Messrs. Ancona, Bergen, Boyer, Chanter, Coffroth, Aaron Harding, Harris, Kerr, Latham, Le Blond, Marshall, Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grider, McCullough, Niblack, Phelps, Radford, Samuel J. Randall, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, Thornton, Trimble, Whaley, Winfield, Wright-37. The amendments of the Senate were made to this proposition, when it was finally adopted by The Accompanying Bills. SEC. 5. The Congress shall have power to en-mittee, also reported this bill : force, by appropriate legislation, the provisions of this article. Objection having been made to its being a special order for Tuesday, May 8, and every day thereafter until disposed of, Mr. Stevens moved a suspension of the rules to enable him to make that motion; which was agreed to—yeas 107, nays 20. The NAYS were: Messrs. Ancona, Bergen, Boyer, Coffroth, Dawson, Eldridge, Finck, Grider, Aaron Harding, James M. Humphrey, Latham, Marshall, Niblack, Nicholson, Ritter, Ross Strouse, Taylor, Thornton, Winfield-20. May 10-Mr. Stevens demanded the previous question; which was seconded, on a count, 85 to 57; and the main question was orderedyeas 84, nays 79, as follow: A Bill to provide for restoring the States lately [For article, see page 102.] Be it enacted, &c., That whenever the aboverecited amendment shall have become part of the Constitution of the United States, and any State | which may be included within this Union, ac lately in insurrection shall have ratified the same, and shall have modified its constitution and laws in conformity therewith, the Senators and Representatives from such State, if found duly elected and qualified, may, after having taken the required oaths of office, be admitted into Congress as such. cording to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed: Provided, That when ever the elective franchise shall be denied o abridged in any State on account of race or color, all persons of such race or color shall be excluded from the basis of representation. Mr. Stevens moved to insert the word "there curs. Sundry propositions of amendment were of fered, and SEC. 2. And be it further enacted, That when any State lately in insurrection shall have rati-in" after the word " persons" where it last ocfied the foregoing amendment to the Constitution, any part of the direct tax under the act of August 5, 1861, which may remain due and unpaid in such State may be assumed and paid by such State; and the payment thereof, upon proper assurances from such State to be given to the Secretary of the Treasury of the United States, may be postponed for a period not exceeding ten years from and after the passage of this act. April 30-Mr. Stevens, from the same committee, also reported this bill: A Bill declaring certain persons ineligible to office under the Government of the United States. Be it enacted, &c., That no person shall be eligible to any office under the Government of the United States who is included in any of the following classes, namely: 1. The president and vice president of the confederate States of America, so called, and the heads of departments thereof. 2. Those who in other countries acted as agents of the confederate States of America, so called. 3. Heads of Departments of the United States, officers of the army and navy of the United States, and all persons educated at the Military or Naval Academy of the United States, judges of the courts of the United States, and members of either House of the Thirty-Sixth Congress of the United States who gave aid or comfort to the late rebellion. 4. Those who acted as officers of the confederate States of America, so called, above the grade of colonel in the army or master in the navy, and any one who, as Governor of either of the so-called confederate States, gave aid or comfort to the rebellion. 5. Those who have treated officers or soldiers or sailors of the army or navy of the United States, captured during the late war, otherwise than lawfully as prisoners of war. Neither of these bills has been voted on up to the time this page goes to press. The Negatived Amendment on Representation and Direct Taxes. IN HOUSE. January 22, 1866-Mr. Stevens reported this proposition from the Joint Select Committee: January 30-The report was recommitted, without instructions-the motion of Mr. Le Blond to commit it to the Committee of the Whole having been lost, yeas 37, nays 133. (Messrs. McRuer and Rousseau and 35 Democrats made up the affirmative vote.) Representatives shall be apportioned among the several States which may be included within this Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed: Provided, That whenever the elective franchise shall be denied or abridged in any State on account of race or color, all persons therein of such race or color shall be excluded from the basis of representation. Mr. Schenck submitted this as a substitute for the "Article:" Representatives shall be apportioned among the several States which may be included within this Union according to the number of male citizens of the United States over twenty-one years of age having the qualifications requisite for electors of the most numerous branch of the State legislature. The Congress, at their first session after the ratification of this amendment by the required number of States, shall provide by law for the actual enumeration of such voters; and such actual enumeration shall be separately made in a general census of the popResolved, &c., (two-thirds of both Houses con-ulation of all the States within every subsequent curring,) 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 the said legislatures, shall be valid as part of said Constitution, namely: ARTICLE ---. Representatives and direct taxes shall be apportioned among the several States term of ten years, in such manner as the Congress may by law direct. The number of Representatives shall not exceed one for every one hundred and twenty-five thousand of actual population, but each State shall have at least one Representative. Mr. Schenck's substitute was disagreed toyeas 29, nays 131, as follow: YEAS-Messrs. Anderson, Bromwell. Bundy, Reader W. Clarke, Sidney Clarke, Darling, Davis, Defrees, Farnsworth, Abner C. Harding, Hayes, Hill, Chester D. Hubbard, James R. Hubbell, Jas. Humphrey, Ingersoll, Kuykendall, Wiliam Lawrence, Marshall, McCullough, Miller, Orth, Pike, Ross, Schenck, Shellabarger, Sloan, Thornton, Van Horn-29. NAYS-Messrs. Alley, Allison, Ames, James M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Benjamin, Bergen, Bidwell, Bingham, Blaine, Blow, Boutwell, Boyer, Brandegee, Brooks, Broomall, Buckland, Chanler, Cobb, Conkling, Cook, Cullom. Dawes, Dawson, Delano, Deming, Denison, Dixon, Donnelly, Eckley, Eggleston, Eldridge, Eliot, Farquhar, Ferry, Finck, Garfield, Grider, Grinnell, Griswold, Hale, Aaron Harding, Harris, Hart, Hogan, Holmes, Hooper, Hotchkiss, Asaliel W. Hubbard, Demas Hubbard, jr., John II. Hubbard, Edwin N. Hubbell, Hulburd, James M. Humphrey, Jenckes, Johnson, Julian, Kasson, Kelley, Kelso, Kerr, Ketcham, Laflin, Latham, George V. Lawrence, Le Blond, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee, Mercur, Moorhead, Morrill, Morris. Moul ton, Myers, Niblack, Nicholson, Noell, O'Neill, Paine, Patteron, Perham, Phelps, Plants, Pomeroy, Price, Samuel J. Randall, William H. Randall, Alexander II. Rice, John II. Rice, Ritter, Rogers, Rollins, Sawyer, Scofield, Shanklin, Smith, Spalding, Starr, Stevens, Strouse, Taber, Taylor, Thayer, Francis Thomas, John L. Thomas, jr., Trimble, Upson, Van Aernam, Burt Van Horn, Voorhees, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, Wright-131. The joint resolution, as reported, was then agreed to-yeas 120, nays 46, as follow: YEAS-Messrs. Alley, Allison, Ames, Anderson, James M. Ashley, Baker, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Eckley, Eggleston, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, Jas. Humphrey, Ingersoll, Julian, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, George V. Lawrence, William Lawrence, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee, Mercur, Miller, Moorhead, Mor rill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, Alexander II. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabar ger, Sloan, Spalding, Starr, Stevens, Stillwell, Thayer, Francis Thomas, Johu L. Thomas, jr., Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Elibu B. Washburne, William B. Washburn, Welker, Went. worth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge-120. NAYS-Messrs. Baldwin, Bergen, Boyer, Brooks, Chanler, Dawson, Denison, Eldridge, Eliot, Finck, Grider, Hale, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James M. Humphrey, Jenckes, Johnson, Kerr, Latham, Le Blond, Marshall, McCullough, Niblack, Nicholson, Noell, Phelps, Samuel J. Randal', William II. Randall, Raymond, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, Strouse, Taber, Taylor, Thornton, Trimble, Voorhees, Whaley, Wright, -46. [Messrs. Driggs and Newell, February 1, stated they would have voted aye, if present.] IN SENATE. March 9, 1866-The resolution of the House was rejected-yeas 25, nays 22, as follow, (twothirds being necessary :) YEAS-Messrs. Anthony, Chandler, Clark, Conness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Howe, Kirkwood, Lane of Indiana, McDougall, Morgan, Morrill, Nye, Poland, Ramsey, Sherman, Sprague, Trumbull, Wade, Williams, Wilson-25. NAYS-Messrs. Brown, Buckalew, Cowan, Davis, Dixon, Doolittle, Guthrie, Henderson, Hendricks, Johnson, Lane of Kansas, Nesmith, Norton, Pomeroy, Riddle, Saulsbury, Stewart, Stockton, Sumner, Van Winkle, Willey, Yates-22. Report on Privileges and Immunities of Citizens. IN HOUSE. February 13, 1866-Mr. Bingham reported from the Joint Reconstruction Committee, this joint resolution, which was re-committed and ordered to be printed: Joint Resolution proposing an amendment to the Constitution of the United States. Resolved, &c., (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 the said legislatures, shall be valid as part of said Constitution, viz: ARTICLE The Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each State all privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life, liberty, and property. February 26-Mr. Bingham reported it back, without amendment. February 28-Mr. Eldridge moved that it lie on the table; which was disagreed to-yeas 41, nays 110, as follow: Davis, Dawson, Denison, Eldridge, Finck, Glossbrenner, YEAS-Messrs. Ancma, Bergen, Brooks, Chanler, Coffroth, Goodyear, Grider, Griswold, Hale, A. Harding, Hogan, E. N And on motion of Mr. Conkling, its further consideration was postponed until the second Tuesday in April. There was no further vote on it. IN SENATE. February 13-Mr. Fessenden reported the same resolution, which was laid over, and not again considered. Report Concerning Tennessee. March 5, 1866--Mr. Bingham reported from the Select Joint Committee on Reconstruction this Joint Resolution concerning the State of Ten nessee. Resolved, &c., That whereas the people of Tennessee have made known to the Congress of the United States their desire that the constitutional relations heretofore existing between them and the United States may be fully established, and did, on the twenty-second day of February, eighteen hundred and sixty-five, by a large popular vote, adopt and ratify a constitution of government, republican in form and the legislatures of the several States as not inconsistent with the Constitution and laws | ring,) That the following article be proposed of the United States, and a State government has been organized under the provisions thereof, which said provisions and the laws passed in pursuance thereof proclaim and denote loyalty to the Union; and whereas the people of Tennessee are found to be in a condition to exercise the functions of a State within this Union, and can only exercise the same by the consent of the law-making power of the United States: Therefore, the State of Tennessee' is hereby declared to be one of the United States of America, on an equal footing with the other States, upon the express condition that the people of Tennessee will maintain and enforce, in good faith, their existing constitution and laws, excluding those who have been engaged in rebellion against the United States from the exercise of the elective franchise, for the respective periods of time therein provided for, and shall exclude the same persons for the like respective periods of time Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benfrom eligibility to office; and the State of Ten-jamin, Bergen, Bidwell, Bingham, Blow, Boutwell, Boyer, nessee shall never assume or pay any debt or obligation contracted or incurred in aid of the late rebellion; nor shall said State ever in any manner claim from the United States or make any allowance or compensation for slaves emancipated or liberated in any way whatever; which conditions shall be ratified by the Legislature of Tennessee, or the people thereof, as the Legislature may direct, before this act shall take effect. The resolution was ordered to be printed, and was recommitted to the committee, and has not been voted on, up to the time this page goes to press. Payment of Rebel Debt. December 19, 1865-Mr. James F. Wilson reported from the Committee on the Judiciary the following joint resolution to amend the Constitution of the United States: Be it resolved by the Senate and House of Representatives of the United States in Congress assembled, (two-thirds of both Houses concur Which was passed-yeas 151, nays 11, as follow: YEAS-Messrs. Alley, Allison, Ames, Anderson, James M. Brandegee, Bromwell, Broomall, Buckland, Bundy, Charler, F. Wilson, Stephen F. Wilson, Windom, Wright-151. NAYS-Messrs. Brooks, Denison, Eldridge, Grider, Aaron Trimble-11. It was not acted on in the Senate; but the substance of it is included in the amendment as finally adopted. IX. MEMBERS OF THE CABINET OF PRESIDENT JOHNSON, AND OF THE THIRTY-NINTH CONGRESS, WITH NAMES OF CLAIMANTS FROM THE INSURRECTIONARY STATES. PRESIDENT JOHNSON'S CABINET. Missouri-B. Gratz Brown, John B. Henderson. Secretary of State-WILLIAM H. SEWARD, of New Michigan-Zachariah Chandler, Jacob M. HowYork. Secretary of Treasury-HUGH MCCULLOCH, of Indiana. Senate. ard. Iowa-James W. Grimes, Samuel J. Kirkwood.* Wisconsin-James R. Doolittle, Timothy O. Howe. California-John Conness, James A. McDougall. Minnesota-Daniel S. Norton, Alexander Ram sey. Oregon-James W. Nesmith, George H. Wil liams. Kansas-Samuel C. Pomeroy, James H. Lane. LAFAYETTE S. FOSTER, of Connecticut, President of the Senate, and Acting Vice President. John W. Forney, of Pennsylvania, Secretary. Alabama-Lewis E. Parsons, George S. Houston. Maine-William Pitt Fessenden, Lot M. Morrill. | Arkansas-Elisha Baxter, William D. Snow. New Hampshire-Daniel Clark, Aaron H. Cra-Florida-William Marvin, Wilkerson Call. gin. Vermont-Solomon Foot,* Luke P. Poland. Connecticut-James Dixon, Lafayette S. Foster. Cowan. Delaware-George Read Riddle, Willard Saulsbury. Maryland-John A. J. Creswell, Reverdy John son. Ohio-John Sherman, Benjamin F. Wade. Kentucky-James Guthrie, Garrett Davis. Indiana-Henry S. Lane, Thomas A. Hendricks. Illinois-Lyman Trumbull, Richard Yates. * Died March 28, 1866. His successor, George F. Edmunds, qualified April 5, 1866. †Voted-yeas 22, nays 21-not entitled to a seat in the Senate, March 27, 1866. The vote on the amendment declaring him not entitled was as follow: YEAS-Mes-rs. Brown, Chandler, Clark, Conness, Cragin, Creswell, Fessenden, Grimes, Howard, Howe, Kirkwood, Lane of Indiana, Nye, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Wade, Williams, Wilson, Yates-22. NAYS-Messrs. Anthony, Buckalew, Cowan, Davis, Doolittle, Guthrie, Harris, Henderson, Hendricks, Johnson, Lane of Kansas, McDougall, Morgan, Nesmith, Norton, Poland, Riddle, Saulsbury, Trumbull, Van Winkle, Willey-21. |