Imágenes de páginas
PDF
EPUB

Mr. Ela moved to add at the end of section | thington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Tanner, Taylor, Townsend, Trimble. Twichell, Van Auken, Wheeler, Wilkinson, Eugene M. Wilson—95.

one the following:

And provided further, That any railroad now authorized or which hereafter may be authorized to be built by competent State or national authority, whose line of road does or shall intersect the line of the said Northern Pacific Railroad Company, shall have the right of way to the extent of two hundred feet in width, with necessary grounds for depot purposes, over and across the fands of such company, now or heretofore granted to said Northern Pacific Railroad Company by act of Congress, free of any charge whatever. Which was disagreed to-yeas 69, nays 112, as follow:

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

Woodward-69.

NATS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry. Bennett, Benton, Bingham, Blair, Boles, Booker, Bowen. Boyd George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Culkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hale, Hamill, Hamilton, Harris. Hays, Hoar, Hooper, Hotchkiss, Johnsm, Kelley. Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, McKenzie, Mercur, Daniel J. Morrill, Morrissey, Myers, Negley, Newsham, Packer, Peck, Perce, Peters, Phelps. Poland, Pomeroy, Prosser, Roots, Sawyer. Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Tillman, Townsend. Trimble, Twichell, Van Auken, Voorhees, Ward, William B. Washburn, Wheeler, Whitmore, Wilkinson,

Eugene M. Wilson-112.

Mr. Lawrence moved to insert the following

additional section:

[blocks in formation]

YEAS-Messrs. Ambler, Archer, Asper, Beatty, Beck, Bird, James Brooks, Buffinton, Burchard, Cessna, Sidney Clarke, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickinson, Donley, Duval, Dyer, Farnsworth, Finkelnburg, Getz, Haldeman, Hawley, lay, Heflin, Holman, Kerr, Knott, Lawrence, Lewis, Marshall, McGrew, McNeely, Mercur, Jesse II. Moore, William Moore, Morgan, Orth, Packard. Packer, Potter, Randall, Reeves, Rice, Ridgway, Rogers, Sargent, Shanks, Stevenson, Stiles, Tyner, Van Wyck, Voorhees, Ward, Williams, John T. Wilson, Winans, Witcher, Woodward-62.

Mr. Lawrence further moved to amend by adding the following:

And the United States shall have the right, at all times, to take possession of and own the road of said company, and all its appurtenances, on paying the actual and legitimate cost thereof, exclusive of the value of the lands granted to said company and the proceeds thereof.

Which was disagreed to—yeas 52, nays 115, as

follow:

YEAS-Messrs. Ambler, Arnell, Asper, Beatty, James Brooks, Buffinton, Burchard, Cessna, Sidney Clarke, Dyer, Ela, Farnsworth, Finkelnburg, Haldeman, HawCoburn, Cook, Cox, Crebs, Cullom, Dickinson, Duval, ley, Hay, Heflin, Holman, Ingersoll, Knott, Lawrence, Lewis, Marshall, McGrew, McNeely, Eliakim H. Moore, William Moore, Morphis, Orth, Packard. Packer, Potter, Randall, Reeves, Rice, Sargent, Shanks, William J. Smith, Stiles, Tyner, Van Wyck. Williams, Winans, Witcher,

Woodward-52.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey. Barnum, Barry, Beck, Bennett, Benton, Biggs, Bingham, Bird, Blair, Booker, Bowen, Boyd. George M. Brooks, Buckley, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Calkin, Churchill, Cleveland, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Davis, Dawes, Dixon, Dockery, Donley, Dox, Ferriss, Ferry, Fitch, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin, Lash. Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Mercur, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck. Perce, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, John A. Smith, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Taffe, Tanner, Taylor, Townsend, Trimble, Twichell, Upson, Van Auken. Voorhees, Ward, William B. Washburn, Wheeler, Wilkinson, Eugene M. Wilson—115.

Mr. Coburn moved to insert after the word "point," in line sixteen, these words: "not exceeding three hundred miles east of the western terminus," so as to provide that the branch shall not be over three hundred miles in length.

Which was disagreed to-yeas 68, nays 99, as follow:

YEAS-Messrs. Allison, Ambler, Arnell, Asper, Beatty, Bingham, Bird, James Brooks, Buffinton, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickinson, Donley, Duval. Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Griswold, Haight, Haldeman, Hawley, Hay, Heflin, Holman, Ingersoll, Jud, Kolt, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, William Moore, Morgan, Orth, Packard, Packer, Paine, Potter, Randall, Reeves. Rice, Ridgway, Sargent, Shanks, John A. Smith, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, Voorhees, Ward, Williams, Winans, Witcher-08.

NAYS-Messrs. Ames, Archer, Armstrong. Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Degener, Dixon, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hamill, Harris, Hays, Hoar, Hooper, lotchkiss, Johnson, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Rogers, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Shel don, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Swann, Taffe, Tanner, Taylor. Tillman, Townsend, Trimble, Twichell, Van Auken, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson, Woodward-99.

NAYS-Messrs. Allison, Armstrong, Atwood, Artell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Bingnam, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett. Benjamin F. Butler, Roderick R. Butler, Cake, Culkin, Churchill, William T. Clark, Conger, Conner, Covode, Cowles, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch. Fox, Garfield, Hale, Hamil ton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan. Lynch, Mayham, Maynard, McCarthy, McKee, McKenzie, Morphis, Daniel J. Morrell, Morrissey,

Myers, Negley, Newsham, O'Neill, Paine, Peck, Peters,
Phelps, Poland, Pomeroy, Roots, Sawyer, Schumaker,

ing out the words, "and to secure the same by Mr. Coburn further moved to amend, by strikPorter Sheldon, Sherrod, Shober, Joseph S. Smith, Wormortgage on its property and rights of property

E

23

of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation;' and inserting these words: "and to secure the same by mortgage on its tracks, depots, rolling stock, and other personal property alone." Which was disagreed to-yeas 59, nays 107, as follow:

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

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

ward-72.

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

NAYS-Messrs. Allison, Ames, Archer, Armstrong,
Atwood, Axtell, Ayer, Bailey, Barnum, Barry, Bennett,
Benton, Bingham, Blair, Booker, Bowen, Boyd, Buck-
ley, Burdett, Roderick R. Butler, Cake, Calkin, Church-
ill, William T. Clark, Conger, Conner, Covode, Cowles,
Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry,
Fitch, Fox, Garfield, Getz, Hale, Hamill, Hamilton,
Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson,
ley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash,

Logan, Lynch, Maynard, McCarthy, McKee, McKenzie,
Mercur, Daniel J. Morrell, Morrissey, Myers, Negley,
Newsham. O'Neill, Paine, Peck, Peters, Phelps, Poland,
Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker,
Lionel A. Sheldon, Porter Sheldon, Sherrod, John A.
Smith, Joseph S. Smith, Worthington C. Smith, William
Smyth, Starkweather, Stokes, Stone, Stoughton, Strick-
land, Swann, Taffe, Tanner, Taylor, Tillman, Townsend,
Trimble, Twichell, Van Auken, Ward, William B. Wash-
burn, Wheeler, Whitmore, Wilkinson, Eugene M. Wil-
son,
Woodward-107.

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

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

The bill then passed both Houses as above.

IN HOUSE.

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

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

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

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

LV.

THE RESTORATION OF VIRGINIA, MISSISSIPPI, AND TEXAS.

AN ACT to admit the State of Virginia to Repre-
sentation in the Congress of the United States.
Whereas the people of Virginia have framed
and adopted a constitution of State government
which is republican; and whereas the Legislature
of Virginia elected under said constitution have
ratified the XIVth and XVth amendments to the
Constitution of the United States; and whereas
the performance of these several acts in good a member of any State legislature, or as an ex-
faith was a condition precedent to the representa-ecutive or judicial officer of any State, to sup-
tion of the State in Congress: Therefore,
port the Constitution of the United States, and
afterward engaged in insurrection or rebellion
against the same, or given aid or comfort to the
enemies thereof: so help me God;" or such per-
son shall in like manner take, subscribe, and file

take or resume his seat, or any officer of said
State shall enter upon the duties of his office, he
shall take and subscribe and file in the office of
the secretary of state of Virginia, for perma-
nent preservation, an oath in the form follow-
ing: "I,
do solemnly swear that I
have never taken an oath as a member of Con-
gress, or as an officer of the United States, or as

"

do solemnly

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

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

136.

NAYS-Messrs. Adams, Archer, Axtell, Beck, Bird, James
Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Deweese,

Dickinson, Dox, Eldridge, Getz, Golladay, Greene, Gris-
wold, Haldeman, Hambleton, Hamill, Hawkins, Holman,
Johnson, Thomas L. Jones, Kerr, Knott, Marshall, May-
ham, McCormick, McNeely, Morgan, Mungen, Niblack.
Slocum, Joseph S. Smith, Stiles, Stone, Strader. Swann,
Potter, Randall, Reeves, Rice, Rogers, Schumaker, Sherrod,
Sweeney, Trimble, Van Auken, Van Trump, Voorhees,
Wells, Eugene M. Wilson, Winchester, Wood, Woodward-

58.

Previous Votes.

IN HOUSE.

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

States:

regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further, That the State of Virginia is admitted to representation in Congress as one of the States of the Union upon the following fundamental conditions: First, That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, Whereas the people of Virginia have adopted whereof they shall have been duly convicted a constitution republican in form, and by its prounder laws equally applicable to all the inhabit-visions assuring the equality of right in all citiants of said State: Provided, That any altera-zens of the United States before the law; and tion of said constitution, prospective in its effects, whereas the Congress of the United States have may be made in regard to the time and place of received assurances and are assured that the residence of voters. Second, That it shall never people of Virginia, and especially those heretobe lawful for the said State to deprive any citi- fore in insurrection against the United States, zen of the United States, on account of his race, have renounced all claims of any right of secescolor, or previous condition of servitude, of the sion in a State, and that they are now wellright to hold office under the constitution and disposed to the Government of the United States, laws of said State, or upon any such ground to and will support and defend the Constitution require of him any other qualifications for office thereof, and will carry out in letter and spirit than such as are required of all other citizens. the provisions and requirements of the constituThird, That the constitution of Virginia shall tion submitted under the reconstruction acts of never be so amended or changed as to deprive Congress, and ratified by the people of Virginia; any citizen or class of citizens of the United Therefore, States of the school rights and privileges secured by the constitution of said State.

Approved, January 26, 1870.

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

Be it enacted, &c., That the State of Virginia is entitled to representation in Congress as a State of the Union, under the constitution ratified on the 6th day of July, 1869, upon the following fundamental conditions: First. That no persons shall hold any office, civil or military, in said State, who shall not have taken and subscribed one of the following oaths or affirmations, viz: "I do solemnly swear (or affirm) that I have never taken an oath as a member of Congress,

The final votes on this act were as follow:
IN SENATE, January 24, 1870.
YEAS-Messrs. Abbott, Anthony. Boreman, Brown-
low, Buckingham, Carpenter, Chandler, Cole, Conkling,
Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gil-

bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg,

McDonald, Morrill of Maine, Morton, Nye, Osborn,
Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson,
Ross, Sawyer, Schurz, Scott, Sherman, Spencer, Stew- or as an officer of the United States, or as a mem-
art, Tipton, Trumbull, Warner, Willey, Williams, Wil-ber of any State legislature, or as an executive

son, Yates-47.
NAYS--Messrs. Bayard, Casserly, Davis, Fowler, Wil-
liam T. Hamilton, Norton, Saulsbury, Stockton, Thurman,
Vickers-10.

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

tion of the XIVth article of the amendments of | shall, Mayham, McCormick, McNeely, Morgan, Mungen, the Constitution of the United States." Second. Niblack, Potter, Randall, Reading, Reeves, Rice, Rogers, Schumaker, Slocum, Joseph S. Smith, Stiles, Stone, Strader, That the constitution of said State shall never Swann, Sweeney, Tanner, Tillman, Trimble, Van Auken, be so amended or changed as to deprive any citi- Van Trump, Voorhees, Welker, Wells, Eugene M. Wilson, zen or class of citizens of the United States of Winchester, Wood, Woodward-70. 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.

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.

Same day Mr. Bingham offered the following substitute:

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

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:

January 14-Mr. Whittemore moved to amend98. 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. 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, Fink-
elnburg, Fitch. Fox, Garfield, Getz, Golladay, Greene,
Griswold, Haight, Haldeman, Hale, Hambleton, Hamill,
Jenckes, Johnson, Kellogg, Kerr, Ketcham, Knott, Laf-
Hawkins, Hay, Heaton, Holman, Hooper,
lin, Logan, Marshall, Mayham, McCarthy, McCormick,
McNeely, Jesse H. Moore, Morgan, Mungen, Niblack,
Orth, Peters, Potter, Randall, Reading, Reeves, Rice, Ro
gers, 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

NAYS-Messrs. Ambler, Ames, Armstrong, Arnell,
Asper, Beaman, Beatty, Benjamin, Bennett, Benton,
Boles, Bowen, Boyd, Buck, Buffinton, Burdett, Roder-
ick 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. Whitte-
more, Willard, Williams-95.

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

YEAS-Messrs. Adams. Ames, Archer, Armstrong, Aztell, 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, Heaton, 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.

-142.

Wilson, Winans, Winchester, Witcher, Wood, Woodward And provided further, That the State of Virginia is admitted to representation in Congress as one of the States of the Union, upon the following fundamental conditions: First. That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, under laws equally applicable to all the inhabitwhereof they shall have been duly convicted ants 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.

NAYS-Messrs. Ambler, Arnell, Asper, Beatty, Benton, Boles, Bowen, Boyd, Buffinton, Cessna, Clarke, Amasa Cobb, Coburn, Dickey, Dixon, Donley, Ela, Ferriss, Fisher. Hamilton, Hawley, lloar, Solomon L. Hoge, Crary, William Moore, Negley, O'Neill, Palmer, Phelps, Pomeroy, Roots, Shanks, William J. Smith, William Smyth, Stevens, Stevenson, Stokes. Taffe, Townsend, Ward, Cadwalader C. Washburn, Wheeler, B. F. Whittemore, Willard-49.

Kelley, Kelsey, Lawrence, Loughridge, Maynard, Mc

IN SENATE.

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

do

"

YEAS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howe, McDonald, Morrill of Ver

Wilson, Yates-28.

Provided, That before any member of the legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take and subscribe and file in the office of the secretary of state of Virginia, for permanent preservation, an oath in the form following: "I, solemnly swear 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 leg-mont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Rice, islature, or as an executive or judicial officer of Robertson, Schurz, Spencer, Sumner, Thayer, Warner, any State, to support the Constitution of the United States and afterward engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such person shall in like manner take, subscribe, and file the following oath: "I, do solemnly swear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XIVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office;

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

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

NAYS-Messrs. Bayard, Casserly, Davis, Ferry, Fowler, William T. Hamilton, Kellogg, McCreery, Norton, Ross, Saulsbury, Stewart, Stockton, Thurman, Trumbull,

Vickers-16.

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

Mr. Schurz moved to amend the amendment

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

64

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

The amendment of Mr. Drake was agreed to— yeas 31, nays 28, as follow:

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

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

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

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

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

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

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

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

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

Third. That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State.

« AnteriorContinuar »