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LXI.

MISCELLANEOUS.

President's Message on European war and Ame- | proceedings under such acts or laws, and any rican shipping. person or persons taking or making such oath, To the Senate and House of Representatives: affirmation, or affidavit, shall knowingly swear Your attention is respectfully called to the or affirm falsely, the same shall be deemed and necessity of passing an Indian appropriation bill taken to be perjury, and the person or persons before the members of Congress separate. With- guilty thereof shall upon conviction thereof be out such appropriation Indian hostilities are sure sentenced to imprisonment for a term not exceed to ensue, and with them sufferings, loss of life, ing five years and not less than one year, and to and expenditures, vast as compared with the a fine not exceeding $1,000. amount asked for.

The latest intelligence from Europe indicates the imminence of a war between France and North Germany. In view of this a sound policy indicates the importance of some legislation tending to enlarge the commercial marine of this country

The vessels of this country at the present time are insufficient to meet the demand which the existence of a war in Europe will impose upon the commerce of the United States, and I submit to the consideration of Congress that the interests of the country will be advanced by the portunity to our citizens to purchase vessels of foreign construction for the foreign trade of the country. An act to this effect may be limited in its duration to meet the immediate exigency.

SEC. 2. That if any person applying to be admitted a citizen, or appearing as a witness for any such person, shall knowingly personate any other person than himself, or falsely appear in the name of a deceased person, or in an assumed or fictitious name, or if any person shall falsely make, forge, or counterfeit any oath, affirmation, notice, affidavit, certificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law or act relating to or providing for the naturalization of aliens; or shall alter, sell, dispose of, or use as true or op-genuine, or for any unlawful purpose, any false, forged, ante-dated, or counterfeit oath, affirmation, notice, certificate, order, record, signature, instrument, paper, or proceeding as aforesaid; or sell or dispose of, to any person other than the person for whom it was originally issued, any certificate of citizenship or certificate showing any person to be admitted a citizen; or if any

The foreign mail service of the United States is in a large degree dependent upon the Bremen and Hamburg line of steamers. The Post Office Department has entered into contracts in writ-person shall in any manner use, for the purpose ing with the two companies above named, and of registering as a voter, or as evidence of a right with the Williams and Guion lines respectively to vote, or otherwise, unlawfully, any order, cerfor a regular and continuous service of two years. tificate of citizenship, or certiucate, judgment, or The only arrangement that could be made with exemplifications showing such person to be adthe Inman and Cunard lines is temporary, and mitted to be a citizen, whether heretofore or may be broken off at any time. The North Ger- hereafter issued or made, knowing that such man lines are first-class in point of speed and order or certificate, judgment, or exemplifica equipment, their steamers usually making the tion has been unlawfully Issued or made; or trip across the Atlantic in from twenty-four to if any person shall unlawfully use, or attempt thirty-six hours in advance of the Williams and to use, any such order or certificate, issued to or Guion line. Should the North German steamers in the name of any other person, or in a fictibe blockaded or impeded by France, our postal tions name, or the name of a deceased person; intercourse with foreign nations will be greatly or use, or attempt to use, or aid, or assist or embarrassed, unless Congress shall interpose for participate in the use of any certificate of citiits relief. zenship, knowing the same to be forged, or counterfeit, or ante-dated, or knowing the same to have been procured by fraud, or otherwise unlawfully obtained; or if any person, and without lawful excuse, shall knowingly have or be possessed of any false, forged, ante-dated, or counterfeit certificate of citizenship, purporting to have been issued under the provisions of any law of the United States relating to naturalization, knowing such certificate to be false, forged,

AN ACT to amend the naturalization laws and ante-dated, or counterfeit, with intent unlawfully to use the same; or if any person shall obtain, accept, or receive any certificate of citizenship known to such person to have been procured by fraud or by the use of any false name, or by means of any false statement made with 616

I suggest to Congress the propriety of further postponing the time for adjournment, with the view of considering the questions herein communicated. U. S. GRANT.

WASHINGTON, D. C., July 15, 1870. This message was sent to Congress too late for insertion in the chapter of President Grant's

messages.

to punish crimes against the same.

Be it enacted, &c., That in all cases where any oath, affirmation, or affidavit shall be made or taken under or by virtue of any act or law relating to the naturalization of aliens, or in any

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intent to procure, or to aid in procuring, the | said elections, and to challenge any name proissue of such certificate, or known to such per- posed to be registered and any vote offered, and son to be fraudulently altered or ante-dated; or to be present and witness throughout the countif any person who has been or may be admitted ing of all votes, and to remain where the ballotto be a citizen shall, on oath or affirmation or boxes are kept at all times after the polls are by affidavit, knowingly deny that he has been open until the votes are finally counted; and so admitted, with intent to evade or avoid any said persons, and either of them, shall have the duty or liability imposed or required by law, right to affix their signature or his signature to every person so offending shall be deemed and said register for purposes of identification, and adjudged guilty of felony, and, on conviction to attach thereto, or to the certificate of the numthereof, shall be sentenced to be imprisoned and ber of votes cast, and statement touching the kept at hard labor for a period not less than one truth or fairness thereof which they or he may year nor more than five years, or be fined in a ask to attach; and any one who shall prevent sum not less than $300 nor more than $1,000, or any person so designated from doing any of the both such punishments may be imposed, in the acts authorized as aforesaid, or who shall hinder discretion of the court. And every person who or molest any such person in doing any of the said shall knowingly and intentionally aid or abet acts, or shall aid or abet in preventing, hinderany person in the commission of any such fel- ing, or molesting any such person in respect of ony, or attempt to do any act hereby made any such acts, shall be guilty of a misdemeanor, felony, or counsel, advise, or procure, or attempt and on conviction shall be punished by impristo procure, the commission thereof, shall be liable onment not less than one year. to indictment and punishment in the same manner and to the same extent as the principal party guilty of such felony, and such person may be tried and convicted thereof without the previous conviction of such principal.

SEC. 6. That in any city having upward of twenty thousand inhabitants, it shall be lawful for the marshal of the United States for the district wherein said city shall be to appoint as many special deputies as may be necessary to preserve order at any election at which representatives in Congress are to be chosen; and said deputies are hereby authorized to preserve order at such elections, and to arrest for any offense or breach of the peace committed in their view.

SEC. 3. That any person who shall knowingly use any certificate of naturalization heretofore granted by any court, or which shall hereafter be granted, which has been or shall be procured through fraud, or by false evidence, or has been or shall be issued by the clerk, or any other officer of the court, without any appearance and hearing of the applicant in court, and without lawful authority, and any person who shall falsely represent himself to be a citizen of the United States, without having been duly admitted to citizenship, for any fraudulent purpose whatever, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in due course of law, shall be sentenced to pay a fine of not exceeding $1,000, or be imprisoned not exceeding two years, either or both, in the discretion of the court taking cognizance of the same.

Final Votes.

IN SENATE, July 4, 1870.

SEC. 4. That the provisions of this act shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which YEAS-Messrs. Anthony, Chandler, Conkling, Corany proceeding for naturalization shall be com-lin, Harlan, McDonald, Morrill of Vermont, Morton, bett, Cragin, Drake, Edmunds, Fenton, Gilbert, Ham> menced, had, or taken, or attempted to be com- Nye, Osborn, Patterson, Pomeroy, Ramsey, Rice, Robmenced; and the courts of the United States shall ertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thayhave jurisdiction of all offenses under the pro-er, Tipton, Trumbull, Warner, Willey, Williams, Wilvisions of this act, in or before whatsoever court or tribunal the same shall have been committed. SEC. 5. That in any city having upward of twenty thousand inhabitants, it shall be the duty of the judge of the circuit court of the United States for the circuit wherein said city shall be, upon the application of two citizens, to appoint in writing, for each election district or voting precinct in said city, and to change or renew said appointment as occasion may require, from time to time, two citizens resident of the district or precinct, one from each political party, who, when so designated, shall be, and are hereby, authorized to attend at all times and places fixed for the registration of voters, who being registered would be entitled to vote for representative in Congress, and at all times and places for holding elections of representatives in Congress, and for counting the votes cast at

Sec. 7. That the naturalization laws are hereby extended to aliens of African nativity and to persons of African descent.

Approved July 14, 1870.

[Portions of this act and of the act to enforce the XIVth and XVth amendments are taken substantially from the report of the Committee on Alleged New York Election Frauds, 3d sess. 40th Cong., report 31, which treated of these questions.]

NAYS-Messrs. Bayard, Boreman, Hamilton of Mary-
land, McCreery, Sulsbury, Stockton, Thurman, Vickers-8.
IN HOUSE, June 11, 1870.
YEAS-Messrs. Allison. Ambler, Ames, Armstrong,
Asper, Atwood, Ayer, Bailey, Banks, Beatty, Lenjamin,
Buck, Buckley, Buffinton, Burchard, Burdett, Benja-
Benton, Bingham, Blair, Boles, Boyd, George M. Brooks,
min F. Butler, Roderick R. Butler, Cake, Churchill,
William T. Clark, Sidney Clarke, Amasa Cobb, Coburn,
Dawes, Degener, Dickey, Donley, Duval, Ela, Farns-
Conger, Cook, Covode, Cowles, Cullom, Darrall, Davis,
worth, Ferriss, Ferry, Finkelnburg, Fisher, Fitch,
Garfield, Gilfillan, Hamilton, Harris, Hawley, Heflin,
Kelsey. Ketcham, Knapp, Laflin, Lash, Lawrence, Lo-
Hill, Hoar, Hooper, Ingersoll, Jenckes, Judd, Kelley,
gan, Loughridge, Maynard, McCarthy, McGrew, Me-
Kenzie, Mercur, Jesse H. Moore, William Moore, Mor-
phis, Daniel J. Morrell, Myers, Negley, O'Neill. Orth,
Packard, Packer, Paine, Palmer, Peck, Peters. Phelps,
Platt, Poland, Porter, Prosser, Roots, Sargent, Sawyer,
Schenck, Shanks, Lionel A. Sheldon, Porter Sheldon,
John A. Smith, William J. Smith, Worthington C.
Smith, William Smyth, Starkweather, Stevens, Steven-
son, Stokes, Stoughton, Strickland, Taffe, Tanner, Tay-

lor, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Wil

liam B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Willard, Williams, John T. Wilson, Witcher-132. NAYS-Messrs. Axtell, Barnum, Beck, Bennett, Biggs, Bird, Booker, James Brooks, Burr, Calkin, Conner, Cox, Crebs, Dic' inson. Fox, Getz, Griswold, Haight, ay, Hol

man, Johnson, Thomas L. Jones, Kerr, Knott, Lewis, Marshall, Mayham, McCormick, McNeely, Milnes, Morgan, Mungen, Niblack, Potter, Randall, Reeves, Rice, Rogers, Schumaker, Sherrod, Slocum, Joseph S. Smith, Stiles, Stone, Swann, Sweeney, Trimble, Van Auken, Van Trump, Eugene M. Wilson, Winchester, Wood, Woodward-53.

Previous Votes.

1870, June 13-Mr. Davis introduced the bill, as finally passed, with the exception of the last three sections, which, under a suspension of the rules, was passed-yeas 130, nays 47, as follow:

YEAS-Messrs. Allison, Ambler, Ames, Armstrong. Arnell. Asper, Atwood, Bailey, Banks, Barry, Beaman, Beatty, Benjamin, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn. Cook, Conger, Cullom, Davis, Dawes, Dickey, Dixon, Dockery. Donley, Duval, Ela, Farnsworth, Fer riss, Ferry, Finkelnburg, Fisher, Fitch, Garfield, Gilfillan, Hale, Hamilton. Harris, Hawley, Hay, Heflin, Hill. Hoar, Hooper, Hotchkiss, Ingersoll, Alexander H. Jones, Thomas L. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lawrence, Logan. Maynard, McCarthy, McCrary, McGrew, McKee, Mereur, Eliakim II. Moore, Jesse H. Moore. William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Newsham. O'Neill. Orth, Packard, Paine, Palmer, Peck. Perce, Pheips, Platt, Poland, Pomeroy, Porter, Roots, Sanford, Sargent, Sawyer, Lionel A. Sheldon, John A. Smith. William Smyth, Stevenson, Stokes,

Stoughton, Strickland, Taffe, Tanner, Tillman, Twich-
ell, Tyner, Upson, Van Horn, Ward, Cadwalader C.
Washburn, William B. Washburn, Wheeler, Whitmore,
Wilkinson. Willard, Winans, Witcher-130.

SEC. -.

That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word "white" wherever it occurs, so that in naturalization there shall be no distinction of race or color. Which was disagreed to-yeas 22, nays 23, as follow:

NAYS-Messrs. Adams, Axtell, Berk, James Brooks. Burr, Calkin, Conner, Cox, Crebs, Dor, Eldridge, Fox, Getz, Gib son. Griswold, Hamill, Holman, Johnson, Kerr, Knott, Lewis, Marshall, Mayam, McCormick, McNeely, Milnes, Morgan, Mungen, Nilack, Randall, Reeves, Rice, Ridgway, Sherrod, Shoe. Js p' S Smith. Strader, Swann, Sweeney, Trimble, Van Auken Van Trump, Wells, Eugene M. Wilson, Win

chester, Wood, Woodward-47.

July 2-Mr. Sumner moved to amend the proposed substitute by adding the following new

section.

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The question then recurring on the House bill, the Senate being in committee of the whole, Mr. Conkling moved to amend by the addition of the following sections, which were the last two sections of the committee's substitute:

SEC.. That in any city having upward of twenty thousand inhabitants it shall be the duty of the judge of the circuit court of the United States for the circuit wherein said city shall be, upon the application of two citizens, to appoint in writing for each election district or voting precinct in said city, and to change or renew said appointment as occasion may require, from time to time, two citizens resident of the district or precinct, one from each political party, who, when so designated, shall be, and are hereby, authorized to attend at all times and places fixed for the registration of voters, who being registered would be entitled to vote for representative in Congress, and at all times and places for holding elections of representatives in Congress, and for counting the votes cast at said elections, and to challenge any name proposed to be registered and any vote offered, and to be present and witness throughout the counting of all votes, and to remain where the ballot-boxes are kept at all

IN SENATE.

1870, June 18-Mr. Conkling, from the Committee on the Judiciary, reported a bill with the recommendation that it be substituted for the House bill. It provided that all jurisdiction over naturalization should be in the United States courts; that the applicant must have resided in the United States four years and six months, and in the State one year prior to the application; that every certificate of naturalization issued since July 4, 1868, in any city of times after the polls are open until the votes are over 100,000 inhabitants, shall not be evidence finally counted; and said persons and either of of naturalization unless presented to the United them shall have the right to affix their signature States court, and by it approved; that the minor or his signature to said register for purposes of children of naturalized persons shall be citizens identification, and to attach thereto, or to the of the United States on attaining their majority; certificate of the number of votes cast, and statethat in all cities of upward of 20,000 inhabit- ment touching the truth or fairness thereof which ants the court shall select two persons from each they or he may ask to attach; and any one who precinct to act as judges of election and registra- shall prevent any person so designated from dotion, and the marshal shall also appoint as many ing any of the acts authorized as aforesaid, or deputies as he shall deem necessary to keep the who shall hinder or molest any such person in peace provided for the punishment of the false doing any of the said acts, or shall aid or abet in and fraudulent issuing or using certificates of preventing, hindering, or molesting any such pernaturalization, or the disturbance of the court son in respect of any such acts, shall be guilty of while sitting to grant certificates of naturaliza- a misdemeanor, and on conviction shall be punished by imprisonment not less than one year.

tion.

NAYS-Messrs. Bayard, Foreman, Casserly, Chandler, Corbett, Davis, Drake, Gilbert, Harlan, Harris, Howe, Howell, Johnston, Kellogg, Lewis, McCreery, McDonald, Morton, Pratt, Ramsey, Revels, Robertson, Ross, Shurz, Sprague, Stockton, Thayer, Thurman, Tipton, Vickers, Warner, Willey, Williams-33.

SEC. That in any city having upward of twenty thousand inhabitants, it shall be lawful for the marshal of the United States for the dis

trict wherein said city shall be to appoint as many special deputies as may be necessary to preserve order at any election at which representatives in Congress are to be chosen; and said deputies are hereby authorized to preserve order at such elections, and to arrest for any offense or breach of the peace committed in their view. Which was agreed to-yeas 37, nays 9, as follow:

YEAS-Messrs. Anthony, Carpenter, Chandler, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Ilarris, Howe, Howell, Kellogg, Lewis, McDonald. Morrill of Vermont, Morton, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Scott. Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull. Warner, Willey, Williams, Wilson-37.

NAYS-Messrs. Bayard, Boreman, Casserly, Davis, Johnston, McCreery, Stockton, Thurman, Vickers-9.

Mr. Sumner moved to amend by adding the following section:

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SEC. That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word 'white' wherever it occurs; so that in naturalization there shall be no distinction of race or color. Which was agreed to-yeas 27, nays 22, as follow:

YEAS-Messrs. Anthony, Carpenter, Conkling. Fenton, Fowler, Gilbert, Hamlin, Harris, llowe. Kellogg, Lewis, McDonald. Morrill of Vermont, Patterson, Pomeroy, Pratt, Ramsey, Rice. Robertson, Ross, Sawyer, Schurz, Scott, Sprague, Sumner, Thayer, Trumbull-27. (

NAYS-Messrs. Bayard, Boreman, Casserly, Corbett, Cragin, Davis, Drake, Edmunds, Harlan, Howell, Johnston, McCreery, Morton, Stewart, Stockton, Thurman, Tipton, Vickers, Warner, Willey, Williams, Wilson-22. July 4-Mr. Williams moved to add to the bill the following:

Provided, That nothing in this act shall be construed to authorize the naturalization of persons born in the Chinese empire.

Mr. Hamlin moved to reconsider the vote by which Mr. Sumner's amendment was adopted; which was agreed to-yeas 27, nays 14, as follow:

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YEAS-Messrs. Bayard, Boreman, Chandler, Conkling, Corbett, Cragin, Davis Drake, Edmunds, Hamilton of Maryland, Hamlin, Harlan, McCreery, Morton, Nye, Ramsey, Saulsbury, Scott, Stewart, Stockton, Thurman, Tipton, Vickers, Warner, Willey, Williams, Wil

son-27.

NAYS-Messrs. Brownlow, Fenton, Harris, Kellogg, McDonald, Morrill of Maine, Pomeroy, Revels, Robertson, Ross, Spencer, Sprague, Sumner, Trum

bull-14.

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Mr. Howe moved to amend Mr. Sumner's amendment by adding as follows:

Provided, That nothing in this or any other act of Congress shall be so construed as to authorize the naturalization of any person born in a pagan country, unless with his oath of allegiance the applicant shall take and file an oath abjuring his belief in all forms of paganism.

Which was disagreed to.

Mr. Sumner's amendment was then disagreed to-yeas 14, nays 30, as follow:

Mr. Warner moved to add the following section: SEC.-. That the naturalization laws are hereby extended to aliens of African nativity and to persons of African descent.

Which was agreed to-yeas 21, nays 20, as follow:

YEAS-Messrs. Fenton, Fowler, Harris, Howe,
Donald, Morrill of Vermont, Pomeroy, Rice, Robertson,
Ross, Spencer, Sprague, Sumner, Trumbull-14.
NAYS-Messrs. Bayard. Boreman, Chandler, Conkling,
Corbett, Cragin, Davis, Drake. Edmunds, Gilbert, Ham-
ilton of Maryland, Hamlin, Harlan, McCreery, Morton,
Nye, Osborn. Ramsey, Saulsbury, Scott. Stewart, Stock-
ton, Thayer, Thurman, Tipton, Vickers, Warner, Willey,

Williams, Wilson-30.

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The bill was then reported to the Senate, and the question being taken on Mr. Warner's amendment, it was agreed to-yeas 20, nays 17, as fol. low:

YEAS-Messrs. Chandler, Drake, Fenton, Harlan, McDonald, Morrill of Vermont, Morton. Osborn, Pomeroy, Rice, Robertson, Scott, Spencer, Sprague, Sumner, Thayer, Tipton, Trumbull, Warner, Willey-20.

NAYS-Messrs. Bayard, Boreman, Corbett, Cragin, Edmunds, Hamilton of Maryland, Howe, McCreery. Nye, Ramsey, Saulsbury, Stewart, Stockton, Thurman, Vickers, Williams, Wilson-17.

Mr. Sumner again moved the following amendment:

SEC.. That all acts of Congress relating to naturalization be, and the same are hereby, amended by striking out the word "white" wherever it occurs; so that in naturalization there shall be no distinction of race or color.

Which was disagreed to-yeas 12, nays 26, as follow:

YEAS-Messrs. Fenton, Fowler, Howe, McDonald, Morrill of Vermont, Osborn, Pomeroy, Rice, Robertson, Sprague, Sumner, Trumbull-12.

NAYS-Messrs. Bayard, Boreman, Chandler, Conkling, Corbett Cragin, Drake, Hamilton of Maryland, Saulsbury, Scott, Stewart, Stockton, Thayer, Thurman, Hamlin, Harlan, McCreery, Morton, Nye, Ramsey, Tipton, Vickers, Warner, Willey, Williams, Wilson-26.

46

Mr. Trumbull moved to amend the amendment of Mr. Warner, which was adopted, by adding thereto the words or persons born in the Chinese empire; which was disagreed to-yeas 9, nays 31, as follow:

The bill as amended was then passed, and the Senate amendments were agreed to as above.

The Cuban Question.

IN HOUSE OF REPRESENTATIVES.

1870, June 14-Mr. Banks, from the Committee on Foreign Affairs, submitted the following: Joint resolution in relation to the contest between the people of Cuba and the Government of Spain.

Resolved, &c., That the President of the United Mc-States be, and hereby is, authorized and instructed to declare and maintain a strictly impartial neutrality on the part of the Government of the United States in the contest now existing between the people of Cuba and the Government of the kingdom of Spain.

SEC. 2. That all provisions of the statute ap

YEAS-Messrs. Fenton, Fowler, McDonald, Pomeroy, Rice, Robertson, Sprague, Sumner, Trumbull-9.

NAYS-Messrs. Bayard, Boreman, Chandler, Conkling, Corbett, Cragin, Drake, Gilbert, Hamilton of Maryland, Hamlin, Harlan, Howe, McCreery, Morrill of Vermont, Morton, Nye, Osborn, Ramsey, Saulsbury, Sawyer, Scott, Stewart, Stockton, Thayer. Thurman Tipton, Vickers, Warner, Willey, Williams, Wilson-31

proved 20th of April, 1818, entitled "An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," shall be construed to apply equally to each of the parties in the ex-been ordered. On the following day-June 15 isting contest between the people of Cuba and the Government of Spain.

The previous question having been ordered, it was by unanimous consent agreed that the following day should be devoted to debate, and the main question should be considered as having

after debate, Mr. Bingham moved to reconsider the vote by which the main question was orderedMr. Eldridge moved that the motion lie on the table; which latter motion was disagreed to has-yeas 82, nays 94, as follow:

SEC 3. That the President is hereby authorized and requested to remonstrate against the barbarous manner in which the war in Cuba been conducted, and, if he shall deem it expedient, to solicit the co-operation of other governments in such measures as he may deem necessary to secure from both contending parties an observance of the laws of war recognized by all

civilized nations.

The minority of the committee submitted as a substitute the following:

A joint resolution making it a misdemeanor to fit out or equip ships of war, with intent that they shall be employed in the service of any European prince or State for the purpose of subduing American colonists claiming independence, and providing for the forfeiture of such ship or vessel.

Be it resolved, &c., That if any person shall, within the limits of the United States, fit out, arm, or equip, or attempt to fit out, arm, or equip, or procure to be fitted out, armed, or equipped, or shall knowingly be concerned in the fitting out, arming, or equipping, of any ship or vessel, with intent that such ship or vessel shall be employed in the service of any European prince or State, for the purpose of subduing American colonists claiming independence, or shall issue or deliver a commission within the territory of the United States for any ship or vessel, with the intent that she may be employed as aforesaid, every person so offending shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding $5,000, and be imprisoned for a period not exceeding two years nor less than six months; and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited, onehalf to the use of the informer and the other half to the United States.

YEAS-Messrs. Adams, Archer, Arnell, Axtell, Bailey,

Banks, Beatty, Beck, Bird, Booker, Bowen, Boyd, James
Brooks, Burr, Culkin, Sidney Clarke, Cleveland, Clinton
L. Cobb, Conner, Cox, Crebs, Degener, Dox, Eldridge,
Ferriss, Fitch, Fox, Getz, Griswold. Laight, Hambleton,
Hamill, Hamilton, Hawkins, Hay, Holman, Hotchkiss,
Ingersoll, Johnson, Julian, Knott, Lewis, Logan, Marshall,
Mayham, McKenzie, McNeely, Milnes, Morphis, Morrissey,
Mungen, Newsham, Niblack, Paine, Porter, Fotter, Ran-
dall, Reeves, Rice, Roots, Sanford, Schumaker, Shanks,
Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Stiles,
Strader, Swann, Sweeney, Taylor, Trimble. Vun Auken, Van
Horn, Van Trump, Van Wyck, Wells, Wilkinson, Winches-

ter, Wood, Woodward-82.

NAYS-Messrs. Allison, Ambler, Ames, Armstrong, Asper, Atwood, Beaman, Bennett, Benton, Bingham, Blair, George M. Brooks, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cessna, Churchill, Amasa Cobb, Coburn, Cook, Conger, Dawes, Dickey, Dockery, Donley, Duval, Dyer, Ela, Farnsworth, Ferry, Finkelnburg, Fisher, Garfield, ale, Harris, Hawley, Hays, Heflin, Hoar, Hooper, Kelley, Ketcham, Laflin, Lawrence, Maynard, McCormick, MeCrary, MeGrew, McKee, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Daniel J. Morrell, Orth, Packard, Packer, Palmer, Peck, Perce, Phelps, Platt, Poland, Pomeroy, Sawyer, Schenck, John A. Smith, William Smyth, Starkweather, Stoughton, Strickland, Strong, Taffe, Tanner, Tillman, Twichell, Tyner. Upson, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler, Willard, John T. Wilson, Winans, Witcher-94.

The motion to reconsider was then agreed toyeas 88, nays 70.

June 16-Mr. Logan moved to amend the 2d section of the majority resolution by striking out the words "shall be construed to apply equally to each of the parties in the existing contest between the people of Cuba and the Government of Spain," and inserting in lieu thereof the following: "Shall be so construed as to give to both conte

ontending parties the same advantages of intercourse and trade with the United States, consistent with the law of nations, which have been or may be accorded to the Government of Spain

23

Which was disagreed to-yeas 77, nays 101, as follow:

SEC. 2. That in every case where a ship or vessel shall be fitted out, armed, or equipped, or attempted to be fitted out, armed, or equipped, contrary to the provisions of this joint resolution, it shall be lawful for the President of the United States, or such person as he shall have empowered for that purpose, to employ the land or naval forces or the militia of the United States, or any part thereof, for the purpose of taking possession of and detaining any such ship or vessel.

YEAS-Messrs. Adams, Archer, Axtell, Ayer, Banks, Beatty, Beck, Bird, Looker, Boyd, James Brooks, Burr, Culkin, William T. Clark, Sidney Clarke, Cleveland, Clinton L. Cobb, Conner, Cox, Degener, Dickinson, Dox, Eldridge, Ferriss, Fitch, Fox, Getz, Gibson, Griswold, Haight, Hambleton, Hamill, Hamilton, Hay, Holman, Ingersoll, Johnson, Julian, Knott, Lash, Lewis, Logan, Marshall Morrissey, Mungen, Newsham, Niblack, Prosser, Randall, Mayham, McKenzie, McNeely, Milnes, Morgar, Morphis, Reeves, Rice, Roots, Schumaker, Lionel A. Sheldon, Sherrod, Shober, Joseph S. Smith, Stiles, Stokes, Strader, Swann,

Sweeney, Van Horn, Van Trump, Ward. Wells, Whitmore,
Eugene M. Wilson, Winchester, Wood, Woodward-77.

SEC. 3. That the provisions of the act approved April 20, 1818, entitled "An act in addition to the act for the punishment of certain crimes against the United States,' and to repeal the acts therein mentioned," shall be held to apply and

NAYS-Messrs. Allison, Ambler, Ames, Arnell. Asper, Atwood, Bailey, Beaman, Benjamin, Bennett, Benton, Bingham, Blair, George M. Brooks, Buckley, Buffinton, Burchard, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Amasa Cobb, Cook,

be in force, as to all attempts of American colo-Conger, Cowles, Dawes, Dickey, Dixon, Dockery. Donnies, or parts thereof, to assert their independence; ley, Duval, Dver, Farnsworth, Ferry, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Harris, Hawkins, Hill, and the words "colonies, districts, or peoples" in Hoar, Hooper, Hotchkiss, Judd, Kelley, Kellogg, Kelsuch act shall be held to apply to and include all sey, Ketcham, Knapp, Laflin, Lawrence, Maynard, Mesucn American colonists claiming independence, as Carthy, McCrary, MeGrew, Mereur, Eliakim 11. Moore, William Moore, Daniel J. Morrell, Negley. O'Neill, Orth, described in the 1st section of this joint resolution. Packard, Packer, Paine, Perce, Phelps, Platt, Poland,

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