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whether the offenses are the proper subject of cognizance by the United States Courts, but alone upon the ground that the peace of society will be more certainly preserved and the rights of citizens as well protected by conceding jurisdiction to the State Courts; and I therefore respectfully ask your Excellency to order that no further arrests be made by the Marshal, and that the parties already in his custody be turned over to the proper local tribunals. for trial and punishment. I undertake to assure your Excellency that no effort will be spared to enforce the laws and protect the citizens by the officers of the State Goverment throughout the borders of this State, and believe the local authority is ample to protect the people of every race and condition in life. An early reply is respectfully solicited.

John C. Brown, Governor of Tennessee.

Washington, September 19.—The President this afternoon sent the following telegram to Governor Brown, of Tennessee:

Executive Mansion, Sept. 18, 1874. Hon. John C. Brown, Governor, Nashville,

Tennessee:

Sir: Your dispatch of yesterday has been received and referred to the United States District Attorney for the Western District of Tennessee for a report, as there is how no official information of his proceedings here. When his report is received I will give you a more definite answer, or have the Attorney-General do so. I will state, however, that it is very gratifying to know that the State authorities of Tennessee are disposed to suppress and punish a class of lawless acts so dangerous to life and so opposed to every political, financial and moral interest of the State. But the Constitution makes it my duty to enforce the acts of Congress, and Congress has passed laws giving the United States jurisdiction in such cases as are referred to in your dispatch.

No special order has been given to the Federal officials in Tennessee farther than the circular of September 3 of the Attorney-General, which is general in its nature and constitutes instructions to all Marshals and District Attorneys wherever violations of said acts may occur. . I will add that the State and General Government, as you are well aware, may have concurrent jurisdiction over the same offence, as, for example, in cases of counterfeiting; and the action of the State authorities in such cases does not prevent the General Government from proceeding against the offenders. U. S. Grant.

Letter of the Attorney-General to Gov. Broivn. [Official.] Department Of Justice, Washington, October 10, 1874. Sir: Referring to your dispatch to the President of the 18th ultimo, asking him to order, in respect to the Gibson County outrage, that no further arrests be made by the marshal, and that the parties already in his custody be turned over to the proper local tribunals for trial, and to the President's answer thereto, in which he stated that your telegram had been referred to the United States district attorney for the western district of Tennessee for information, and that when such report was received a more definite

answer would be made to your request, I now have the honor to inclose herewith a copy of that report, detailing the circumstances under which the action of the Federal authorities was taken in that case.

No reasonable doubts can exist as to the jurisdiction of the courts of the United States upon the facts as stated by the district attorney, nor can there be any doubt that it is as much the duty of the President to enforce the so-called enforcement acts as any of the acts of Congress. To admit that persons charged and arrested for a criminal violation of the law of the United States ought to be turned over for trial to the tribunals of the State in which the crimes are committed, upon a demand of the executive thereof, because such persons may also be chargeable, upon the same state of facts, with a violation of State law, would be, as it seems to me, to surrender a power essential to the existence of the national authority, and introduce a practice that would tend more to retard than to promote the administration of justice.

Touching your statement that the parties may be punished under the laws of the State, and therefore that criminal proceedings in the United States court ought to be discontinued, I beg to cite, as a sufficient comment thereon, what Mr. Justice Grier says, in delivering the opinion of the Supreme Court of the United States in the case of Moore vs. The People of the State of Illinois, (14 How., 20,) as follows:

"Every citizen of the United States is also a citizen of a State or Territory. He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The same act may be an offense or transgression of the laws of both. Thus, an assault upon the marshal of the United States, and hindering him in the execution of legal process is a high offense against the United States, foi which the perpetrator is liable to punishment • and the same act may be also a gross breach of . the peace of the State, a riot, assault, or a murder, and subject the same person to a punishment, under the State laws, for a misdemeanor or felony. That either or both may (if they see fit) punish such an offender cannot be doubted."

I know of no reason to suppose that the parties arrested will not be fairly tried in the United States court, and, if innocent, acquitted; but, if found guilty, I am sure no one will object to their proper punishment because they were not convicted in a State court.

While, if consistent with his official duty, the President would be pleased to accede to your wishes, he does not feel at liberty to interfere with the judicial proceedings referred to, and they will, therefore, be allowed to proceed in the usual way to a final determination in the courts of the United States.

Very respectfully,

Geo. H. Williams, Attorney - General. Hon. John C. Brown, Governor, Nashville,

Tenn.

Texas.

The subjoined telegram belonging to the period covered by my last Hand-Book (for 1874,) is inserted to complete the record found upon pages i08-112:

Washington, January 12, 1874. To Governor Davis, Austin, Texas:

Your dispatches and letters reciting the action of the Supreme Court of Texas in declaring the late election unconstitutional, and asking the use of troops to prevent apprehended violence, are received. The call is not made in accordance with the Constitution of the United States and acts of Congress under it, and cannot therefore be granted. The act of the Legislature of Texas providing for the recent election having received your approval, and both political parties having made nominations, and having conducted a political campaign under its provisions, would it not be prudent, as well as right, to yield to the verdict of the people as expressed by their ballots? U.s.grant.

Admission of Colorado.

Forty-Third Congress—Second Session,

[For previous proceedings on the bill (H. R. 435) see McPherson's Hand-Book of Politics for 1874, page 220.]

In Senate.

1875, February 24—The bill, having been amended, was passed—yeas 43, nays 13, absent 17:

Yeas—Messrs. Alcorn, Allison, Anthony, Bogy, Boutwell, Cameron of Pa., Chandler, Clayton, Conkling, Conover, Cragin, Dorsey, Edmunds, Ferry of Michigan, Flanagan, Frelinghuysen, Hamilton of Texas, Hamlin, Harvey, Hitchcock, Howe, Ingalls, Jones, Kelly, Lewis, Logan, Mitchell, Morrill of Maine, Morrill of Vermont, Morton, Oglesby, Pease, Pratt, Robertson, Sargent, Sherman, Spencer, Stewart, Tipton, Washburn, West, Windom, Wright—43.

Nays—Messrs. Bayard, Eaton, Goldthwaite, Gordon, Hager, Hamilton of Maryland, McCreery, Merrimon, Ransom, Saulsburyy Sprague, Stevenson, Stockton—• 13.

In House.

1875, March 3—The Senate amendments were agreed to and the bill passed—yeas 164, nays 76, not voting 48, this vote having been taken under an order of the House to take up business on the Speaker's table, a two-thirds, vote being required to pass a bill:

Yeas—Messrs. Albert, Albright, Averill, Barber, Barrere, Barry, Bass; Begole, Berry, Biery, Bradley, H. C. Burchard, Burleigh, B. F. Butler, R. R. Butler, Cain, Cannon, Carpenter, Cason, Caulfield, Cessna, A. Clark, jr., Clayton, Clements, C. L. Cobb, S. A.-Cobb, Coburn, Comingo, Conger, Corwin, Cotton, Crittenden, Crooke, Crounse, Curtis, Danford, Darrall, Dawes, Dobbins, Donnan, Duell, Dunnell, Eames, Farwell, Field, Fort, Foster, J. C. Freeman, Gooch, Gunckel, Hagans, Harmer, B. W. Harris, H. H. Harrison, Hathorn, Havens, J. R. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, Hodges, Hoskins, Howe, Hubbell, Hunter, Hurlbut, Hyde, Hynes, Kasson, Kellogg, Knapp, Lansing, E. Lawrence, W. Lawrence, B. Lewis,

Lofland, Lowe, Lowndes, Lynch, Martin, McCrary, A. S. McDill, J. W. McDill, MacDougall, McKee, 'McNulta, Merriam, Monroe, Morey, Morrison, Myers, Negley, Nesmith, O'Neill, Orr, Packard, Packer, Page, I. C. Parker, R. C. Parsons, Pelham, Pendleton, W. A. Phillips, J. H. Piatt, jr., T. C. Piatt, Poland, Pratt, Rainey, Ransier, Rapier, W. H. Ray, Richmond, J. W. Robinson, Rusk, Sawyer, H. B. Sayler, Schell, Sener, Sessions, Shanks, Sheats, Sheldon, Sherwood, L. D. Shoemaker, Sloan, Sloss, W. B. Small, Smart, A. H. Smith, G. L. Smith, H. B. Smith, J. A. Smith, Sprague, Stanard, Starkweather, C. A. Stevens, St. John, Stowell, Strait, Taylor, C. Y. Thomas, J. M. Thompson, Todd, W. Townsend, Tremain, Tyner, Waldron, A. S. Wallace, Walls, J. D. Ward, M. L. Ward, E. Wells, Wheeler, A. White, Whiteley, G. Willard, C. G. Williams, J. M. S. Williams, W. Williams, W. B. Williams, J. Wilson, J. M. Wilson, Woodworth—164.

Nays—Messrs. G. M. Adams, Archer, Arthur, Ashe, Atkins, Banning, Barmim, Beck, H. P. Bell, Bland, Blount, Bowen, Bright, Bromberg, J. Y Brown, Buckner, J. B. Clark, jr., Clymer, Cook, Cox, Crossland, Durham, Eldredge, Finck, Giddings, Glover, Gunter, R. Hamilton, Hancock, H. R. Harris, J. T. Harris, Hatcher, Hereford, Herndon, E. R. Hoar, Holman, Httnton, Lamar, Lawson, Leach, Luttrell, Magee, Marshall, McLean, Milliken, Mills, Neal, O'Brien. H W Parker, C. N. Potter, Randall, Read, W. M. Robbins, E. H. Roberts, W. R. Roberts, M. Sayler, Scbfield, Sheridan, J. Q. Smith, Snyder, Southard, Speer, Standiford, Stone, Storm, Swann, R. B. Vance, Waddell, Whitehead, Whitehouse, Whitthorne, C. W. Willard, Willie, E.K Wilson, F. Wood, P. M. B.Young —76.

Admission of New Mexico. Forty-Third Congress—Second Session.

[For previous proceedings on the bill (H. R. 2418) see McPherson's Hand-Book of Politics for 1874, page 220.]

In . Senate. 1875. February 24—The bill having been amended was passed—-yeas 31, nays 11, absent

Yeas—Messrs. Alcorn, Allison, Anthony, Bogy, Boutwell, Cameron of Pa., Cragin, Dennis, Dorsey, Ferry of Michigan, Flanagan, Gilbert, Gordon, Hamlin, Harvey, Hitchcock, Ingalls, Kelly, Lewis, Logan, Mitchell, Oglesby, Patterson, Ramsey, Sargent, Spencer, Stewart, Tipton, West, Windom, Wright—31.

Nays—Messrs. Edmunds, Frelinghuysen, Hamilton of Maryland, McCreery, Merrimon, Morton, Pease, Pratt, Saulsbury, Stevenson, Stockton—11.

In House.

1875. March 3—The Senate amendments were disagreed to, yeas, 154, nays, 87, not voting 49 (two-thirds not having voted in the affirmative under the order above alluded to):

Yeas—Messrs. Albert, Albright, Averill, Barber, Barrere, Barry, Bass, Begole, Biery, Bradley, Buckner, Bun&y, H. C. Burchard, Burleigh, B. F. Butler, R. R. Butler, Cain, Cannon, Carpenter, Cason, Caulfield, Cessna, A. Clark, jr., Clayton, Clements, C. L. Cobb, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Creamer, Crounse, Curtis, Danford, Dawes, Dobbins, Donnan, Duell, Dunnell, Eames, Farwell, Field, Fort, Foster, J. C. Freeman, Gooch, Gunckel, Hagans, Harmer, B. W. Harris, H. H. Harrison, Hathorn, Havens, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, Hodges, Hoskins, Howe, Hubbell, Hunter, Hurlbut, Hyde, Hynes, Kasson, Kellogg, Knapp, Lamison, Lansing, E. Lawrence, B. Lewis, Lofland, Loughridge, Lowe, Lowndes, Lynch, Martin, Maynard, McCrary, A. S. McDill, J. W. McDill, MacDougall, McKee,^ McNulta, Monroe, Morey, Myers, Negley, O'Neill, Orr, Packard, Packer Page, I. C. Parker, R. C. Parsons, Pelham, Pendleton, W. A. Phillips, Pike, J. H. Piatt, jr., Rainey, Ransier, Rapier, W. H. Ray, Richmond, J. W. Robinson, Rusk, Sawyer, H. B. Sayler, I. W. Scudder, Sessions, Shanks, Sheats, Sheldon, Sherwood, L. D. Shoemaker, Sloan, Sloss, W. B. Small, Smart, A. H. Smith, G. L. Smith, Ii. B. Smith, J. A. Smith, Stanard, Starkweather, C. A. Stevens, St. John, Stowell, Strait, Taylor, C. Y. Thomas,

J. M. Thompson, Todd, W. Tpwnsend, Treir.ain, Tyner, Waddell, A. S. "Wallace, Walls, J. D. Ward, M. L. Ward, A. White, Whitelej, Wilber, G. Willard, C. G. Williams, J. M. S. Williams,, W. Williams, W. B. Williams, J. Wilson, J. M. Wilson—154.

Nays—Messrs. G. M. Adams, Archer, Arthur, Atkins, Barnum, Beck, H. P. Bell, Bland, Blount, Bowen, Bright, Bromberg, J. Y. Brown, J. B. Clark, jr., Clymer, Comingo, Cook, Cox, Crittenden, Crooke, Crossland, Durham, Eldredge, Giddings, Glover, Gunter, R. Hamilton Hancock. H R. Harris, J. T.Harris, Hatcher J. R. Hawley, Hereford, Herndon, E. R, Hoar, Holman, Hunton, Lamar, Lawson, Luttrell, Magee, Marshall, McLean, Merriam, Milliken,, Mills, Mitchell, Neal, Nib lack, O'Brien, Berry, W. W. Phelps, Pierce, C. N. Potter, Randall,, Read, W. M. Robbins, E. H. Roberts, W. R. Roberts, M. Sayler, Schell, Scofield, H. J. Scudder, Sener, Sheridan, J. Q. Smith, Snyder, Southard, Speer, Sprague, Standiford, Stone, Storm, Swann, R. B. Vance, Waldron, E. Wells, Whitehead, Whitehouse, Whitthorne, C. W. Willard, Willie, E. K. Wilson, F. Wood, P. M. B. Young—87.

Y.

PROPOSED AMENDMENTS TO THE CONSTITUTION OF THE

UNITED STATES, SECOND SESSION OF

FORTY-THniD CONGRESS.

[For other Amendments, see McPherson's Hand-book of Politics for 1874, pp. 53-58, and p. 215.]

In Senate.

1874, December 15—Mr. Wright proposed a new article:

The President and Vice-President of the United States shall be elected by direct vote of the people, and by ballot. They shall hold their office for the term of six years; and the President shall be ineligible to a re-election.

Every male citizen of the United States, of the age of twenty-one years and upward, residing in each State, District, and Territory thereof, who shall not have been convicted of felony, shall, after registration, be a competent voter at all elections, for President and Vice-President of the United States.

The election for President and VicePresident shall be held at the same time in each State, District, and Territory of the United States; and it shall require a majority of all the votes cast to elect to either office. If no person shall receive such majority, another election shall be held, at which the two persons who shall have received the highest vote for either office at the previous election shall alone be voted for, and all votes cast for any other person shall be null and void.

The returns of all elections for President and Vice-President shall be sealed up and transmitted to the Chief Justice of the Supreme Court of the United States. That court shall open and canvass said returns; they shall hear and determine all questions arising thereon; they shall ascertain and declare the result of the election; and grant a certificate accordingly to the persons elected.

The Congress shall have power to pass all laws necessary and proper to carry into effect the provisions of this article.

In House,

December 8—Mr. Ellis H. Roberts proposed a new article:

Congress shall not make anything but gold and silver coin a tender in payment of individual debts.

Congress shall pass no law impairing the obligations of contracts.

December 14—Mr. Storm proposed a new article:

The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of six years. No person elected to the office of President shall thereafter be eligible for re-election.

1875, January 25—Mr. Maginnis proposed a new article:

Each duly organized Territory of the United States shall be entitled to one Representative in Congress, and also to choose one elector to cast one vote in the election of President and VicePresident of the United States. These Representatives and electors shall have the same qualifications and be entitled to the same rights and privileges as the Representatives and electors from the several States.

On the Presidential Term.

In House.

1875, January 26—Mr. Potter, from the Committee on the Judiciary, reported the following joint resolution:

From and after the next election for a President of the United States the President shall •hold his office during the term of six years, and, together with the Vice-President chosen for the same term, be elected in the manner as now provided or may hereafter be provided: but neither the President nor the Vice-President, when the office of President has devolved upon him, shall be eligible for re-election as President.

Mr. Jasper D. Ward moved to lay the resolution on the table, which was disagreed to—yeas 98, nays 139, not voting 51, as follow:

Yeas—Messrs. Averill, Barber, Barrere, Barry, Biery, Bradley, H. C. Burchard, Burleigh, Burrows, B. F. Butler, R. R. Butler, Cain, Carpenter, Cason, A. Clark, jr., F. Clarke, Clements, C. L. Cobb, S. A. Cobb, Coburn, Cotton, Crutchfield, Dobbins, Donnan, Eames, Farwell, Fort, Hagans, R. S. Hale, Harmer, B. W. Harris, J. B. Hawley, G. W. Hazelton, E. R. Hoar, Hodges, Hooper, Houghton, Howe, Hubbell, Hurlbut, Hyde, Kelley, Lofland, Lowe, Lynch, Martin, Maynard, J. W. McDill, Moore, Myers, Negley, Nunn, O'Neill, Orr, Orth, Packard, Page, I. C. Parker, Pelham, Pendleton, T. C. Piatt, Pratt, Rainey, Ransier, Rapier, W. H. Ray, Richmond, Scofield, H. J. Scudder, I. W. Scudder, Sessions, Shanks, Sheats, Sheldon, Sherwood, L. D. Shoemaker, Sloan, W. B. Small, Smart, Sprague, Starkweather, St. John, Strait, Taylor, C. R. Thomas, C. Y. Thomas, J.. M. Thompson, Todd, W. Townsend, Tyner, Waldron, A. S. Wallace, J. D. Ward, M. L. Ward, Wilber, C. G. Williams, W. Williams, J. Wilson

-98.

Nays—Messrs. G. M. Adams, Albert, Albright, Archer, Arthur, Ashe, Atkins, Banning, Bass, Beck, Begole, Bell, Berry, Bland, Blount, Bowen, Bright, Bromberg, J. Y. Brown, Buckner, Buffinton, Bundy, J. H Caldwell, Cannon, Cessna, Chittenden, J. B. Clark, jr., Clayton, Clymer, Comingo, Conger, Cook, Cox, Creamer, Crittenden, Crossland, Crounse, John y. Davis, Dawes, Dunnell, Durham, Eldredge, Field, Finck, Foster, Garfield, Giddings, Glover, Gooch, Gunckel, Gunter, R. Hamilton, Hancock, H R. Harris, J. T. Harris, H. H. Harrison, Hatcher, Hathorn, Havens, J. R. Hawley, Hereford, Herndon, Hohnan, Hoskins, Hunter, Hunton, Kasson, Kellogg, Killinger, Knapp, Lamar, W. Lawrence, Lawson, Leach, Lowndes, Luttrell, Magee, McCrary, McLean, Merriam, Milliken, Mills, Monroe, Morey, Morrison, Neal, Nesmith, Niblack, Niles, O'Brien, H. W.

Parker, Perry, W. A. Phillips, Pierce, Poland, C. N. Potter, Randall, Read, W. M. Robbins, E. H.Roberts, J. W. Robinson, S. Ross, M. Sayler, Schell, J. G. Schumaker, Sloss, A. H. Smiih, H. B. Smith, J. A. Smith, J. Q. Smith, Snyder, Southard, Speer, Stanard, Standifo?'d, Stone, Storm, Strawbridge, Swann, Sypher, Thornburgh, Tremain, R. B. Vance, Waddell, E. Wells,

A. White, Whitehead, Whiteley, Whitthorne, C. W. Willard, G. Willard, J. M. S. Williams, W.

B. Williams, Willie, J. M. Wilson, Wolfe, F. Wood, J. D. Young, P. M. B. Young.—139.

Not Voting—Messrs. Barnum, Corwin, Crooke, Curtis, Danford, Darrall, DeWitt, Duell, Eden, J. C. Freeman, Frye, E. Hale, Hays, J. W. Hazelton, Hendee, Hersey, G. F. Hoar, Hynes, Kendall, Lamison, Lamport, Lansing, B, Lewis, Loughridge, Marshall, A. S. McDill, MacDougall, McKee, McNulta, Mitchell, Packer, R. C. Parsons, W. W. Phelps, Pike, J. H. Piatt jr., Purman, W. R. Roberts, y. C. Robinson, Rusk, Sawyer, H. B. Sayler, Sener, G. L. Smith, W. A. Smith, A. H Stephens, Stowell, Walls, Wheeler, Whitehouse, E. K. Wilson, Woodworth— 51.

Mr. J. D. Ward moved to recommit the resolution to the Committee on the Judiciary; which was disagreed to—yeas 109, nays 123, not voting 56, as follow:

Yeas—Messrs. Averill, Barber, Barrere, Bass, Begole, Biery, Bradley, H. C. Burchard, Burleigh, Burrows, B. F. Butler, R. R. Butler, Carpenter, Cason, A. Clark, jr., F. Clarke, Clayton, Clements, C. L. Cobb, S. A. Cobb, Coburn, Conger, Cotton, Crutchfield, Donnan, Dunnell, Eames, Farwell, Fort, Gooch, Hagans, R.. S. Hale, Harmer, B. W. Harris, Hathorn, Havens, J. B. Hawley, G. W. Hazelton, E'. R. Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Hurlbut, Hyde, Kelley, B. Lewis, Lofland, Loughridge, Lowe, Lynch, Martin, Maynard, McCrary, J. W. McDill, McNulta, Moore, Myers, Negley, Nunn, O'Neill, Orr, Orth, Packard, Pendleton, T. C. Piatt, Poland, Pratt, Rainey, Ransier, Rapier, W. H. Ray, Richmond, S. Ross, Rusk, Scofield, H. J. Scudder, I. W. Scudder, Sener, Sessions, Shanks, Sheats, Sherwood, Sloan, W. B. Small, Smart, A. H. Smith, St. John, Strait, Taylor, C. R. Thomas, C. Y. Thomas, J. M. Thompson, Thornburgh, Todd, W. Townsend, Tyner, Waldron, A. S. Wallace, J. D. Ward, M. L. Ward, Whiteley, Wilber, C. G. Williams, J. M. S. Williams, W. Williams, W. B. Williams, J. Wilson—109.

Nays—Messrs. G. M. Adams, Albert, Albright, Archer, Arthur, Ashe, Atkins, Banning, Beck, H. P. Bell, Berry, Bland, Blotcnt, Bowen, Bright, Bromberg, y. Y. Brozvn, Bucktier, Buffinton, y. H. Caldwell, Cannon, Cessna, Chittenden, y. B. Clark, jr., Clymer, Comingo, Cook, Cox, Creamer, Crittenden, Crossland, Crounse, yohn y. Davis, Dawes, Durham, Eldredge, Field, Finck, Foster, J. C. Freeman, Glover, Gunckel, Gunter, R. Hamilton, Hancock, H. R. Harris, J. T. Harris, H. H. Harrison, Hatcher, J. R. Hawley, Hereford, Herndon, Holman, Hunter, Hunton, Kasson, Kellogg, Killinger, Knapp, Lamison, W. Lawrence, Lawson, Leach, Lowndes, Luttrell, Magee, McKee, McLean, Merriam, Milliken, Mills, Monroe, Morrison, JVeal, Nesmith, Niblack, Niles, O'Brien, H. W. Parker, Perry, W. W. Phelps, W. A. Phillips, Pierce, C. JV. Potter, Randall, Read, W. M. Bobbins^ E. H. Roberts, J. W. Robinson, Sawyer, M. Sayler, Schell, J. G. Schumaker, L. D. Shoemaker, Sloss, H. B. Smith, J. A. Smith, J. Q. Smith, Southard, Speer, Sprague, Stanard, Standiford, A. H. Stephens, Stone, Storm, Strawbridge, Swann, Tremain, R. B. Vance, Waddell, E. Wells, A. White, Whitehead, Whitthorne, C. W. Willard, G. Willard, Willie,}. M. Wilson, Wolfe F. Wood, J. D. Young, P. M. B. Young—123.

The question being taken on the passage of :he resolution, it was disagreed to—yeas 134, nays 104, (not voting 50), two-thirds not having voted in the affirmative as follow:

Yeas—Messrs. Albert, Albright, Archer, Arthur, Ashe, Atkins, Banning, Beck, Begole, H. P. Bell, Bland, Blount, Bowen, Bright, Bromberg, J. Y. Brown, Buckner, Buffinton, Bundy, J. H. Caldwell, Cannon, Cessna, Chittenden, J. B. Clark, jr., Clayton, Clymer, Comingo, Cook, Cox, Creamer, Crittenden, Crossland, Crounse, Darrall, yohn y. Davis, Dawes, Dunnell, Durham, Eldredge, Field, Finck, Foster, Garfield, Giddings, Glover, Gooch, Gunckel, Gunter, R. Hamilton, Hancock, H. R. Harris, y. T. Harris, H. H. Harrison, Hatcher, Havens, J. R. Hawley, J. W. Hazelton, Hereford, Herndon, Holman, Hoskins, Hunter, Hmton, Kasson, Kellogg, Killinger, Knapp, Lamison, W. Lawrence, Lawson, Leach, Lowndes, Luttrell, Magee, McCrary, Merriam, Milliken, Mills, Monroe, Morrison, Heal, Nesmith, Niblack, Niles, O'Brien, H. W. Parker, Perry, W. W. Phelps, W. A. Phillips, Pierce, Poland, C. N. Potter, Randall, Read, W. M. Rob bins, E. H. Roberts, J W. Robinson, S. Ross, Sawyer, M. Sayler, Schell, y. G. Schumaker, H. J. Scudder, Sloss, A. H. Smith, H. B. Smith, J. A. Smith, J. Q. Smith, Southard, Speer, Stanard, Standiford,

A. H. Stephens, Stone, Storm, Strait, Strawbridge, Thornburgh, Tremain, R. B. Vance, Waddell, E. Wells, Whitehead, Whitthorne, C. W. Willard, G. Willard, J. M. S. Williams, W. B. Williams, Willie, J. M. Wilson, Wolfe, F. Wood, y D. Young, P. M. B. Young—134.

Nays—Messrs. Averill, Barber, Barry, Biery, Bradley, H. C. Burchard, Burleigh, Burrows,

B. F. Butler, R. R. Butler, Cain, Carpenter, Cason, A. Clark, jr., F. Clarke, Clements, C. L. Cobb, S. A. Cobb, Coburn, Conger, Cotton, Crutchfield, Dobbins, - Donnan, Eames, Farwell, Fort, Hagans, E. Hale, R. S. Hale, Harmer, B. W. Harris, Hathorn, J. B. Hawley, G. W. Hazelton, E. R. Hoar, Hodges, Houghton, Howe, Hubbell, Hurlbut, Hyde, Kelley, B. Lewis, Lofland, Loughridge, Lowe, Lynch, Martin, Maynard, J. W. McDill, McKee, McNulta, Moore, Myers, Negley, Nunn, O'Neill, Orth, Packard, Page, I. C. Parker, Pelham, Pendleton, J. H. Piatt, jr., T. C. Piatt, Pratt, Rainey, Ransier, Rapier, W. H. Ray, Richmond, Rusk, Scofield, I. W. Scudder, Sener, Sessions, Shanks, Sheats, Sherwood, L. D. Shoemaker, Sloan, W. B. Small, Smart, Snyder, Sprague, Starkweather, St. John, Taylor, C. R. Thomas, C. Y. Thomas, J. M. Thompson, Todd, W. Townsend, Tyner, Wald

ron, A. S. Wallace, J. D. Ward, M. L. Ward, Whiteley, Wilber, C. G. Williams. W. Williams. J. Wilson—104.

In House.

1875, January 26—Mr. Harrison, from the Committee on Elections, reported the following joint resolution:

Section I. The President and Vice-President shall be elected by the direct vote of the people in the manner following: Each State shall be divided into districts equal in number to the number of Representatives to which the State may be entitled in the Congress, to be composed of contiguous territory, and to be as nearly equal in population as may be; and the person having the highest number of votes in each district for President shall receive the vote of that district, which shall count one presidential vote: but no voter in any State shall vote for candidates for President and Vice-President who are both citizens in the same State with himself.

Sec. 2. The person having the highest number of votes for President in a State shall receive two presidential votes from the State at large.

Sec. 3. The person having the highest number of presidential votes in the United States shall be President.

Sec. 4. If two persons have the same number of votes in any State, it being the highest number, they shall receive each one presidential vote from the State at large; and if more than two persons shall each have the same number of votes in any State, it being the highest number, no presidential vote shall be counted from the State at large. If more persons than one shall have the same number of votes, it being the highest number in any district, no presidential vote shall be counted from that district.

Sec. 5. The foregoing provisions shall apply to the election of Vice-President.

Sec. 6. The' Congress shall have power to provide for holding and conducting the elections of President and Vice-President. The returns of such elections shall be made to the Supreme Court of the United States within thirty days after the election. Said court shall, under such rules as may be prescribed by law, or by the court in the absence of law, determine any contest in respect of such returns, canvass the same, and declare, within ninety days after such election, by public proclamation, who is elected President and who is elected Vice-President.

Sec. 7. The States shall be divided into districts by the Legislatures thereof, but the Congress may at any time by law make or alter the same.

Sec. 8. No person who has been a Justice of the Supreme Court shall be eligible to the office of President or Vice-President.

Mr. H. Boardman Smith reported the following as a substitute:

Section I. The President and Vice-President shall be elected by the direct vote of the people in the manner following, but no voter in any State shall vote for candidates for President and Vice-President who are both citizens in the same State with himself.

Sec. 2. In counting the votes the aggregate popular vote in each State for President and

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