tion of the XIVth article of the amendments of the Constitution of the United States." Second. That the constitution of said State 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 or hold office in said State who are entitled to vote or hold office by said constitution, 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; or to prevent any person on account of race, color, or previous condition of servitude from serving as a juror, or participating equally in the school fund or school privileges provided for in said constitution: Provided, That any alteration of said constitution equally applicable to all the voters of said State may be made with regard to the time and place of residence of said voters. Third. That all persons who shall at the time when said constitution shall take effect hold or exercise the functions of any executive, administrative, or judicial office in said State, by the appointment or authority of the district commander, shall continue to discharge the duties of their respective offices until their successors or those upon whom such duties shall, under said constitution, devolve, are duly chosen or appointed and qualified.

SEC. 2. That the election of United States Senators by the general assembly of said State, on the 19th day of October, 1869, shall have the same validity as if made by previous authority of law.

January 14-Mr. Whittemore moved to amend by inserting in the first section, at the end of the first condition, as follows:

And any person who shall falsely take either of the aforesaid oaths or affirmations shall be deemed guilty of perjury, and shall suffer the pains and penalties thereof, and may be tried, convicted, and punished therefor by the circuit court of the United States for the district in which said crime was committed, and the jurisdiction of said court shall be sole and exclusive for the purpose aforesaid;" which was agreed to-yeas 123, nays 70, as follow:

YEAS-Messrs. Ambler, Ames, Armstrong, Arnell, Asper, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Bowen, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Dawes, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, Hale, Hamilton, Hawley, Hay, Heflin, Hill, Hoar, Solomon L. Hoge, Hooper, Ingersoll, Jenckes, Judd, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Logan, Loughridge, Maynard, McCarthy, McCrary, McGrew, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Palmer, Peters, Phelps, Pomeroy, Prosser, Roots, Sanford, Sargent, Schenck, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strong, Taffe, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler. B. F. Whittemore, Willard, Williams, John T. Wilson, Winans, Witcher-123.

NAYS-Messrs. Adams, Archer, Axtell, Bailey, Banks, Barnum, Beck, Biggs, Bingham, Bird, Blair, James Brooks, Burr, Calkin, Cleveland, Cox, Deweese, Dickinson, Dockery, Dox, Eldridge, Farnsworth, Fox, Getz, Golladay, Greene, Griswold, Haight, Haldeman, Hambleton, Hamill, Hawkins, Heaton, Holman, Johnson, Kerr, Knott, Mar

shall, Mayham, McCormick, McNeely, Morgan, Mungen, Niblack, Potter, Randall, Reading, Reeves, Rice, Rogers, Schumaker, Slocum, Joseph S. Smith, Stiles, Stone, Strader, Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, Van Trump, Voorhees, Welker, Wells, Eugene M. Wilson, Winchester, Wood, Woodward-70.

Same day Mr. Bingham offered the following. substitute:

Whereas the people of Virginia have adopted a constitution republican in form, and have in all respects conformed to the requirements of the act of Congress entitled "An act authorizing the submission of the constitutions of Virginia, Mississippi, and Texas to a vote of the people, and authorizing the election of State officers, provided by the said constitutions, and members of Congress," approved April 10, 1869: Therefore, Be it resolved, &c., That the said State of Virginia is entitled to representation in the Congress of the United States.

Which was adopted-yeas 98, nays 95, as follow:

YEAS-Messrs. Adams, Archer, Axtell, Bailey, Banks, Barnum, Beck, Biggs, Bingham, Bird, Blair, George M. Brooks, James Brooks, Buckley, Burchard, Burr, Calkin, Cleveland, Cox, Crebs, Cullom, Dawes, Deweese, Dickin son, Dockery, Dox, Eldridge, Farnsworth, Ferry, Finkelnburg, Fitch. Fox, Garfield, Getz, Golladay, Greene, Griswold, Haight, Haldeman, Hale, Hambleton, Hamill, Hawkins, Hay, Heaton, Holman, Hooper, Ingersoll, Jenckes, Johnson, Kellogg, Kerr, Ketcham, Knott, Laflin, Logan, Marshall, Mayham, McCarthy, McCormick, McNeely, Jesse H. Moore, Morgan, Mungen, Niblack, Orth, Peters, Potter, Randall, Reading, Reeves, Rice, Rogers, Sanford, Schumaker, Slocum, Joseph S. Smith, Worthington C. Smith, Stiles, Stone, Strader, Strong, Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eugene M. Wilson, John T. Wilson, Winans, Winchester, Witcher, Wood, Woodward

-98.

NAYS-Messrs. Ambler, Ames, Armstrong, Arnell, Asper, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Bowen, Boyd, Buck, Buffinton, Burdett, Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Fisher, Gilfillan, Hamilton, Hawley, Heflin, Hill, Hoar, Solomon L. Hoge, Judd, Kelley, Kelsey, Knapp, Lash, Lawrence, Loughridge, Maynard, McCrary, McGrew, Mercur, Eliakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrin, Myers, Negley, O'Neil, Packard, Packer, Paine, Palmer, Phelps, Pomeroy, Prosser, Roots, Sargent, Schenck, Scofield, Shanks, Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Taffe, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, B. F. Whittemore, Willard, Williams-95.

The bill was then passed-yeas 142, nays 49, as follow:

YEAS-Messrs. Adams. Ames, Archer, Armstrong, Axtell, Bailey, Banks, Barnum, Beaman, Beck, Benjamin, Bennett, Biggs, Bingham, Bird, Blair, George M. Brooks, James Brooks, Buck, Buckley, Burchard, Burdett, Burr, Roderick R. Butler, Cake, Calkin, Churchill, Clinton L. Cobb, Cook, Conger, Cowles, Cox, Crebs, Cullom, Dawes, Deweese, Dickinson, Dockery, Dox, Duval, Dyer, Eldridge, Farnsworth, Ferry, Finkelnburg, Fitch, Fox, Garfield, Getz, Gilfillan, Golladay, Greene, Griswold, Haight, Haldeman, Hale, Hambleton, Hamill, Hawkins, Ilay, Ileaton, Heflin, Hill, Holman, Hooper, Ingersoll, Jenckes, Johnson, Judd, Kellogg, Kerr, Ketcham, Knott, Laflin, Lash, Logan, Marshall, Mayham, McCarthy, McCormick, McGrew, McNeely, Mercur, Eliakim II. Moore, Jesse H. Moore, Morgan, Daniel J. Morrell, Samuel P. Morrill, Mungen. Myers, Niblack, Orth, Packard, Packer, Paine, Peters, Poland, Potter, Prosser, Randall, Reading, Reeves, Rice, Rogers, Sanford, Sargent, Schenck, Schu maker, Scofield, Porter Sheldon, Slocum, John A. Smith, Joseph S. Smith, Worthington C. Smith, Starkweather, Stiles, Stone, Stoughton, Strader, Strong, Swann, Sweeney, Tanner, Tillman, Trimble, Twichell, Tyner, Upson, Van Auken, Van Trump. Voorhees, William B. Washburn, Welker, Wells, Williams, Eugene M. Wilson, John T.

Which was agreed to-yeas 31, nays 29, as follow:

YEAS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, McDonald, Morriil of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sumner, Thayer, Wilson, Yates-31.

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

Same day Mr. Morton moved to amend the preamble as follows:

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

Which was agreed to-yeas 39, nays 20, as follow:

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

Yates-39.

NAYS-Messrs. Bayard, Carpenter, Casserly, Conkling, Corbett, Davis, Ferry, Fowler, William T. Hamilton, Kellogg, Norton, Nye, Saulsbury, Sherman, Stewart, Stockton, Thurman, Trumbull, Vickers, Warner-20.

The bill as amended passed the Senate and was concurred in by the House as above.

The following bill passed both houses without opposition; the House, January 27; the Senate, January 31:

AN ACT to amend an act entitled "An act to admit the State of Virginia to representation in the Congress of the United States."

Be it enacted, &c., That wherever the word "oath" is used in the act entitled "An act to admit the State of Virginia to representation in the Congress of the United States," it shall be construed to include an affirmation; and every person required by said act to take either of the oaths therein prescribed, who has religious or conscientious scruples against taking an oath, may make and file an affirmation to the same purport and effect: Provided, That all the pains and penalties of perjury prescribed by said act shall apply also to any false affirmation taken there

under.

Approved, February 1, 1870.

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

Be it enacted, &c., That the said State of Mississippi 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 Mississippi, for permanent preservation, an oath or affirmation in the form following: "I, do solemnly swear (or affirm) that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, 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 under the pains and penalties of perjury, (as the case may be;) or such person shall in like manner take, subscribe, and file the following oath or do solemnly swear (or

affirmation: "I, United States been relieved from the disabilities affirm) that I have by act of Congress of the imposed upon me by the XIVth Amendment of the Constitution of the United States: so help me God;" or under the pains and penalties of perjury, (as the case may be;) which oaths or af firmations shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear or affirm falsely in taking either of such oaths or affirmations 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 or affirmations, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath or affirmation 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 or affirmation as aforesaid shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further, That the State of Mississippi is admitted to representation in Congress as one of the States of the Union upon the following fundamental conditions: First, That the constitution of Mississippi 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, 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. 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

shall enter upon the duties of his office, he shall take and subscribe and file in the office of the secretary of state of Texas, for permanent preservation, an oath or affirmation in the form following: "I, do solemnly swear (or affirm) that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, 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 under the pains and penalties of perjury, (as the case may be;) or such person shall, in like manner, take, subscribe, and file the following oath or affirmation: "I, do solemnly swear (or affirm) 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;" or under the pains and penalties of perjury, (as the case may be;) which oaths or af firmations shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear or affirm falsely in taking either of such oaths or affirmations 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 one thousand dollars, and not more than ten thousand dollars. And in all trials for any violation of this act the certificate of the taking of either of said oaths or affirmations, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath or affirmation 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 or affirmation, as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further, That the State of Texas is admitted to representation in Congress as one of the States of the Union, upon the following fundamental conditions: First, That the constitution of Texas 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, 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. 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 Texas 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, March 30, 1870.

The final votes on this act were as follow:
IN SENATE, March 29, 1870.
YEAS-Messrs. Abbott, Boreman, Brownlow, Buck-

ingham, Cameron, Cattell, Chandler, Cole, Corbett, Cra-
gin, Drake, Fenton, Ferry, Gilbert, Hamlin, Harlan,
Harris, Howard, Howell, Lewis, McDonald, Morrill of
Maine, Morrill of Vermont, Morton, Nyo, Osborn, Pat-
terson, Pomeroy, Pratt, Ramsey, Revels, Rice, Robert-
son, Ross, Sawyer, Schurz, Scott, Sherman, Sprague,
Stewart, Sumner, Thayer, Tipton, Warner, Willey, Wil
liams, Wilson-47.
NAYS-Messrs Bayard, Casserly, Davis, William T.
Hamilton, Johnston, McCreery, Norton, Saulsbury, Stock-
ton, Thurman, Vickers-11.

IN HOUSE, March 30, 1870. YEAS-Messrs. Allison, Ambler, Ames, Arnell, Asper, Atwood, Ayer, Beaman, Beatty, Benjamin, Bennett, Benton, Blair, Boles, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Cake, Cessna, Sidney Clarke, Clinton L. Cobb, Coburn, Cook, Conger, Covode, Cowles, Cullom, Davis, Ela, Farnsworth, Ferriss, Ferry, Finkelnburg, Fisher, Dawes, Dickey, Dixon, Dockery, Donley, Duval, Dyer, Garfield, Gilfillan. Hale, Hamilton, Harris, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Hoge, Hooper, Ingersoll, Jenckes. Alexander H. Jones, Judd. Julian, Kelley, Kelsey, Knapp, Lash, Lawrence, Logan, Loughridge, Lynch, Maynard, McCarthy, McCrary, McGrew McKenzie, Mercur, Milnes, Eliakim II. Moore, William Moore, Morphis. D. J. Morrell, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Perce, Peters, Platt, Poland, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer. Schenck, Scofield, Shanks, Lionel A. Sheldon, Por ter Sheldon. John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Stevens, Stevenson, Stokes, Stoughton, Strickland, Taffe, Tillman, Tyner, Upson, Van Horn, Van Wyck, Ward. Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, winson, Williams, John T. Wilson, Winans, Witch

er-130.

NAYS-Messrs. Adams, Archer, Axtell, Beck, Biggs, Bird, James Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Dickinson, Dox, Eldridge, Getz, Gibson, Griswold, Haight, Haldeman, Hambleton, Hamill, Holman. Kerr, Knott, Marshall. Mayham, McCormick, McNeely, Morgan, Mungen, maker, Sherrod, Stocum, Joseph S. Smith, Stiles, Stone, Niblack, Potter, Randall, Reading, Rice, Ridgway, SchuSwann, Sweeney, Trimble, Van Trump, Wells, Eugene M. Wilson, Wood-50.

the following:

admit the State of Texas to all the rights of And provided further, That this act shall reother States within the Union, without qualification or fundamental conditions, except as herein stated.

Which was disagreed to-yeas 49, nays 121, as follow:

YEAS-Messrs. Adams, Archer, Barnum, Beck, Biggs, Bird, James Brooks, Burr. Calkin, Crebs, Dickinson, Dox, Eldridge, Getz, Griswold, Haight, Haldeman, Hamill, Holman, Johnson, Kerr. Knott, Mayham, McCormick, Mc KenReading, Reeres, Rice, Ridgway. Rogers, Scofield, Sherrod, zie, McNeely, Morgan, Mungen, Niblack, Potter, Randall, Slocum, Stiles, Sime, Swann, Trimble, Van Auken, Van Trump, Voorhees, Wells, Eugene M. Wilson, Wood-49. Asper, Atwood, Axtell, Beatty, Benjamin, Blair, Boles, NAYS-Messrs. Allison, Ambler, Armstrong, Arnell, Booker, Boyd, George M. Brooks, Buck, Buckley,