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than five hundred nor more than one thousand tions of learning or benevolence supported, in dollars, or shall be imprisoned not less than whole or in part, by general taxation ; and of thirty days nor more than one year: Provided, cemeteries so supported; and also the instituThat the party aggrieved shall not recover more tions known as agricultural colleges endowed than one penalty; and when the offense is a re- by the United States, subject only to the condifusal of burial, the penalty may be recovered by tions and limitations established by law, and the heirs at law of the person whose body has applicable alike to citizens of every race and been refused burial.

color, regardless of any previous condition of SEC. 3. That the same jurisdiction and powers servitude. are hereby conferred and the same duties en- ! SEC. 2. That any person who shall violate the joined upon the courts and officers of the United foregoing section by denying to any person entiStates in the execution of this act as are con- tled to its benefits, except for reasons by law ferred and enjoined upon such courts and offi- applicable to citizens of every race and color, cers in sections three, four, five, seven, and ten and regardless of any previous condition of serviof an act entitled “An act to protect all persons tude, the full enjoyment of any of the accomin the United States in their civil rights, and to modations, advantages, facilities, or privileges furnish the means of their vindication,” passed in said section enumerated, or by aiding or inApril ninth, eighteen hundred and sixty-six, and citing such denial, shall, for every such offense, these sections are hereby made a part of this act; forfeit and pay the sum of five hundred dollars and any of the aforesaid officers failing to insti- to the person aggrieved thereby, to be recovered tute and prosecute such proceedings herein re- in an action on the case, with full costs; and quired shall, for every such offense, forfeit and shall also, for every such offense, be deemed pay the sum of five hundred dollars to the per- guilty of a misdemeanor, and, upon conviction son aggrieved thereby, to be recovered by an thereof, shall be fined not more than one thouaction on the case, with full costs, and shall, on sand dollars, or shall be imprisoned not more conviction thereof, be deemed guilty of a misde- than one year: Provided, That the party agmeanor, and be fined not less than one thousand grieved shall not recover more than one penalty; dollars nor more than five thousand dollars. and when the offense is a refusal of burial, the

Sec. 4. That no citizen possessing all other penalty may be recovered by the heirs at law of qualifications which are or may be prescribed the person wbose body has been refused burial: by law shall be disqualified for service as juror And provided further, That all persons may elect in any court, national or State, by reason of to sue for the penalty aforesaid or to proceed race, color, or previous condition of servitude; under their rights at common law and by State and any officer or other persons charged with statutes; and having so elected to proceed in any duty in the selection or summoning of jurors the one mode or the other, their right to proceed who shall exclude or fail to sunimon any citizen in the other jurisdiction shall be barred. But for the reason above named shall, on conviction this proviso shall not apply to criminal proceedthereof, be deemed guilty of a misdemeanor and ings, either under this act or the criminal law of be fined not less than one thousand dollars nor any State. more than five thousand dollars.

SEC 3. That the district and circuit courts SEC. 5. That every discrimination against any of the United States shall have, exclusively of citizen on account of color by the use of the the courts of the several States, cognizance of word “white,” or any other term, in any law, all crimes and offenses against and violations of statute, ordinance, or regulation, national or the provisions of this act; and actions for the State, is hereby repealed and annulled.

penalty given by the preceding section may be Mr. ELDREDGE moved to lay it upon the table; prosecuted in the territorial, district, or circuit which was lost-yeas 74, nays 113.

courts of the United States wherever the defendThe bill, on motion of Mr. SCOFIELD, was ant may be found, without regard to the other subsequently referred to the Committee on the party. And the district attorneys, marshals, Revision of the Laws, and was not reported. and deputy marshals of the United States, and

commissioners appointed by the circuit and terForty-THIRD CONGRESS, FIRST SESSION. ritorial courts of the United States, with powers IN SENATE.

of arresting and imprisoning or bailing offend

ers against the laws of the United States, are 1873, December 1-Mr. SUMNER introduced hereby specially authorized and required to inthe following bill, (S. No. 1,) which was read stitute proceedings against every person who twice and ordered to be printed. [It is, verbatim, shall violate the provisions of this act, and the bill above given.]

cause him to be arrested and imprisoned or 1874, January 27-Referred to the Judiciary bailed, as the case may be, for trial before such Committee.

court of the United States or territorial court as April 14–Mr. FRELINGHUYSEN reported the by law has cognizance of the offense, except in following as a substitute, which was considered respect of the right of action accruing to the April 29, and slightly amended, and is as follows: person aggrieved; and such district attorneys

That all citizens and other persons within the shall cause such proceedings to be prosecuted to jurisdiction of the United States shall be entitled their termination, as in other cases: Provided, to the full and equal enjoyment of the accom- That nothing contained in this section shall be modations, advantages, facilities, and privileges construed to deny or defeat any right of civil of inns, public conveyances on land or water, action accruing to any person, whether by reatheatres, and other places of public amusement; son of this act or otherwise. and also of common schools and public institu- 1 SEC. 4. That no citizen possessing all other qualifications which are or may be prescribed by / mont, Oglesby, J.J. Patterson, Pease, Pratt, Ramlaw shall be disqualified for service as grand or sey, Robertson, Scott, Spencer, Stewart, Wadleigh, petit juror in any court of the Uaited States, or Washburn, West, Windom, Wright-30. of any State, on account of race, color, or previ- | Mr. HAMILTON of Maryland moved to strike ous condition of servitude; and any officer or out the fourth section of the bill, which refers to other person charged with any duty in the selec- the selection of jurors. tion or summoning of jurors who shall exclude Disagreed to-yeas 15, nays 28: or fail to summon any citizen for the cause YEAS—Messrs. Bogy, Carpenter, Cooper, Daaforesaid shall, on conviction thereof, be deemed vis, Hager, Hamilton of Maryland, Johnston, guilty of a misdemeanor, and be fined not more Kelly, McCreery, Merrimon, Norwood, Ransom, than one thousand dollars.

Sargent, Saulsbury, Stockton-15. SEC. 5. That all cases arising under the pro- NaYs — Messrs. Alcorn, Allison, Boutwell, visions of this act in the courts of the United Buckingham, Conkling, Edmunds, Flanagan, States shall be reviewable by the Supreme Court Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, of the United States, without regard to the sum Mitchell, Morrill of Vermont, Oglesby, J.J. Patin controversy, under the same provisions and terson, Pease, Pratt, Ramsey, Robertson, Scott, regulations as are now provided by law for the Spencer, Stewart, Wadleigh, Washburn, West, review of other causes in said court.

Windom, Wright-28. Mr. THURMAN moved to strike out the second The bill then (7 o'clock a. m., after a continusection; which was disagreed to-yeas 13, nays ous session of twenty hours) passed-yeas 29, 32:

nays 16: YEAS— Messrs. Bogy, Cooper, Davis, Hager, 1 YEAS— Messrs. Alcorn, Allison, Boutwell, Hamilton of Maryland, Johnston, Kelly, Mc Buckingham, Conkling, Edmunds, Flanagan, Creery, Merrimon, Norwood, Ransom, Saulsbury, | Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Stockton-13.

Mitchell, Morrill of Vermont, Oglesby, PatterNaYs — Messrs. Alcorn, Allison, Boutwell, son, Pease, Pratt, Ramsey, Robertson, Sargent, Buckingham, Carpenter, Conkling, Conover, Scott, Spencer, Stewart, Wadleigh, Washburn, Edmunds, Flanagan, Frelinghuysen, Hamlin, / West, Windom, Wright-29. Harvey, Howe, Ingalls, Mitchell, Morrill of Nays— Messrs. Bogy, Boreman, Carpenter, Maine, Morrill of Vermont, Oglesby, J.J. Patter. Cooper, Davis, Hager, Hamilton of Maryland, son, Pease, Pratt, Ramsey, Robertson, Sargent, Johnston, Kelly, Lewis, McCreery, Merrimon, Scott, Spencer, Stewart, Wadleigh, Washburn, Norwood, Ransom, Saulsbury, Stockton—16. West, Windom, Wright--32.

ABSENT-Messrs. Anthony, Bayard, BrownMr. Sargent moved to amend the amendment low, Cameron, Chandler, Clayton, Conover, Craby adding to the first section the following: gin, Dennis, Dorsey, FENTON, Ferry of Connecti

Provided, That nothing herein contained shall cut, Ferry of Michigan, Gilbert, Goldthwaite, be construed to prohibit any State or school dis- Gordon, HAMILTON of Texas, Hitchcock, Jones, trict from providing separate schools for persons Logan, Morrill of Maine, Morton, SCHURZ, Sherof different sex or color, where such separate man, Sprague, Stevenson, Thurman, TIPTON-28. schools are equal in all respects to others of the same grade established by such authority, and

IN HOUSE. supported by an equal pro rata expenditure of school funds.

| May 25-Mr. B. F. BUTLER moved to suspend Disagreed to-yeas 21, nays 26 :

the rules and refer the bill to the Judiciary ComYEAS--Messrs. Allison, Bogy, Boreman, Con-mittee, with the right to report it to the House oper, Cooper, Davis, Hager, Hamilton of Mary at any time. land, Johnston, Kelly, Logan, McCreery, Merri- Two-thirds not voting in favor, the motion was mon, Morrill of Maine, Norwood, Ransom, Sar- disagreed to-yeas 154, nays 85: gent, Saulsbury, Scott, Stewart, Stockton—21. YEAS-Messrs. Albert, Albright, Averill, Bar

Nays – Messrs. Alcorn, Boutwell, Bucking-ber, Barrere, Barry, Biery, Bradley, Buffinton, ham, Carpenter, Conkling, Edmunds, Flanagan, Bundy, Burchard, Burleigh, Burrows, B. F. Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Butler, Cain, Cannon, Cason, Cessna, S. A. Mitchell, Morrill of Vermont, Oglesby, J.J. Pat- Cobb, Coburn, Conger, Corwin, Cotton, Crooke, terson, Pease, Pratt, Ramsey, Robertson, Spen-Crounse, Crutchfield, Curtis, Danford, Dawes, cer, Wadleigh, Washburn, West, Windom, Wright Donnan, Duell, Dunnell, Eames, Field, C. Fog-26.

ter, Frye, Garfield, Gooch, Gunckel, Harrison, Mr. Johnston moved to amend the amend-Hathorn, J. B. Hawley, J. R. Hawley, Hays, ment by striking out of section one the words G. W. Hazelton, J. W. Hazelton, Hendee, E.R. "and also of common schools and public institu- Hoar, G. F. Hoar, Hodges, Hooper, Hoskins, tions of learning or benevolence, supported, in Houghton, Howe, Hubbell, Hunter, Hyde, Kaswhole or in part, by general taxation.'

son, Kelley, Kellogg, Killinger, Lamport, LawDisagreed to-yeas 14, nays 30:

rence, Lawson, B. Lewis, Lofland, Loughridge, YEAS-Messrs. Bogy, Boreman, Cooper, Davis, Lowe, Lynch, Martin, Maynard, McCrary, J. W. Hager, Hamilton of Maryland, Johnston, Kelly, McDill, MacDougall, McKee, McNulta, Merriam, McCreery, Merrimon, Norwood, Ransom, Sauls- Monroe, W. S. Moore, Morey, L. Myers, Niles, bury, Stockton-14.

Nunn, O'Neill, Orr, Orth, Packard, Packer, Page, Nays— Messrs. Alcorn, Allison, Boutwell, I. C. Parker, Parsons, Pelham, Pendleton, PhilBuckingham, Chandler, Conkling, Conover, Ed-lips, Pierce, Pike, J. H. Platt, T. C. Platt, Poland, munds, Flanagan, Frelinghuysen, Hamlin, Har- Pratt, Purman, Rainey, Ransier, Rapier, Ray,J.B. vey, Howe, Ingalls, Mitchell, Morrill of Ver- Rice, Richmond, E. H. Roberts, J. W. Robinson,

Ross, Rusk, Sawyer, H. B. Sayler, Scofield, H.J. Tremain, Tyner, Waldron, Wallace, Walls, M.
Scudder, Sessions, Shanks, Sheats, Sheldon, I. R. L. Ward, Wheeler, White, Whiteley, c. W. Wit-
Sherwood, L. D. Shoemaker, Small, Smart, A. H. lard, G, Willard, C. G. Williams, J. M. S. Wil
Smith, H. B. Smith, J. Q. Smith, Snyder, Sprague, liams, Williams of Indiana, W. B. Williams, J.
Stanard, Starkweather, St. John, Stowell, Sypher, Wilson, Woodford, Woodworth--138.
Taylor, C. R. Thomas, Todd, W. Townsend, Tre- Nays-Messrs. Adams, Archer, Arthur, Ashe,
main, Tyner, Wallace, Walls, J. D. Ward, M. L. Atkins, BANNING, J. B. Beck, H. P. Bell, Berry,
Ward, White, Whiteley. Wilber, C. W. Willard, / Bland, Blount, Bowen, Bright, BROMBERG, Brown,
G. Willard, C. G. Williams, J. M. S. Williams, Buckner, R. R. Butler, J. H.Caldwell, J. B. Clark,
Williams of Indiana, W. B. Williams, J. Wilson, Clymer, Cook, Cox, Creamer, Crittenden, Crossland,
Woodworth--154.

J. J. Davis, Durham, Eden, Eldredge, Giddings,
Nays-Messrs. Adams, Archer, Arthur, Ashe, Glover, Hamilton, Hancock, H. R. Harris, J. R
Atkins, BANNING, J. B. Beck, H. P. Bell, Berry, Harris, Harrison, Hatcher, Hereford, Herndon,
Bland, Blount, Bowen, Bright, BROMBERG, Buck- Houghton, Hunton, Jewett, Kendall, Knapp,
ner, R. R. Butler, J. H. Caldwell, J. B. Clark, Cly. Lamar, Lamison, Leach, Loiland, Lowndes,
mer, Comingo, Cook, Cox, Crittenden, Crossland, Þe Littrelí, Magee, Marshall, McLean, Milliken,
Witt, Durham, Eden, Giddings, Glover, Hancock, Mills, Morrison, Neal, Nesmith, W. E. Niblack,
H. R. Harris, J. T. Harris, Hatcher, Hereford, O'Brien, E. Perry, Phelps, Randall, Ray, Read, d.
Herndon, Holman, Hunton, Kendall, Knapp, C. Robbinson, M. Sayler, J. G. Schumaker, Sener,
Lamar, Leach, Lowndes, Luttrell, Magee, Mar- Sloss, W. A. Smith, Southard, Speer, Stanard,
shall, McLean, Milliken, Mills, Mitchell, Morri-Standeford, Storm, Strait, Swann, C. Y. Thomas,
son, Neal, Nesmith, W. E. Niblack, O'Brien, H. Thornburgh, Vance, Wells, Whitehead, WHITE
W. Parker, E. Perry, Randall, Read, Robbins, J. HOUSE, Whitthorne, Willie, Wood, J.D. Young-88.
C. Robinson, M. Sayler, Sener, Sloss, J. A. Smith,
W. A. Smith, Southard, Speer, Standeford, Stone,
Storm, Strait, Swann, C. Y. Thomas, Thornburgh,

OTHER PROCEEDINGS IN HOUSE. Vance, Waddell, Wells, Whitehead, Whitthorne, I 1873, December 8-Mr. MOREY moved that Willie, E. K. Wilson, Wolfe, Wood, J. D. Young, I the rules be suspended, so as to enable him to P. M. B. Young-85.

introduce, and the House to pass, a bill supple June 1-Mr. B. F. BUTLER moved to suspend mental to an act entitled “An act to protect all the rules, so as to take from the table Senate bill citizens of the United States in their civil rights. No. 1, and refer the same to the Judiciary Com- and to furnish the means for their vindication, mittee, with the right to report at any time, I passed April 9, 1866. [The bill was identical stating at the same time that he was instructed with that of Senator SUMNER.) by the Judiciary Committee to allow a motion Mr. BECK moved that the House adjourn. in the House to strike out the school clause of The House refused to adjourn-yeas 106, naye that bill.

144. Mr. BECK moved that the House adjourn. Mr. MOREY then modified his motion, so as to

The House refused to adjourn-geas 72, nays enable him to introduce the bill, and the House 141.

to refer the same to the Committee on the Judi The hour for taking a recess arrived at the ciary, with leave to report thereon at any time. close of the roll-call.

The rules were suspended, and the modified June 8—Mr. B. F. BUTLER's motion came up, motion agreed to-yeas 161, nays 70. and was seconded-yeas 73, nays 70—and then The bill (H. R. 473) was then introduced, read rejected, two-thirds not voting affirmatively- twice, and so referred. yeas 138, nays 88, not voting 63:

| 1874, June 20—The bill (S. No. 1) was reached YEAS—Messrs. Albert, Albright, Averill, Bar- on the Speaker's table, under the order of busiber, Barrere, Begole, Biery, Bradley, Buffinton, ness adopted, and was read. Bundy, Burleigh, Burrows, B. F. Butler, Cain, Mr. ELDREDGE moved that the House adjourn, Cannon, Cason, Cessna, A. Clark, S. A. Cobb, which was disagreed to-yeas 76, nays 105. Coburn, Conger, Corwin, Cotton, Crocker, 1 The motion to suspend the rules and pass the Crooke, Crounse, Crutchfield, Curtis, Darrall, bill was disagreed to-yeas 140, nays 91, (twoDawes, Dobbins, Donnan, Duell, Dunnell, Eames, thirds not voting in favor,) not voting 59: Field, C. Foster, Freeman, Frye, Garfield, Gooch, 1 YEAS—Messrs. Albert, Albright, Averill, BarGunckel, B. W. Harris, Hathorn, Havens, J. B. ber, Barrere, Barry, Bass, Begole, Biery, Brad. Hawley, Hays, J. W. Hazelton, Hendee, E. R. ley, Buffinton, Bundy, Burchard, Burleigh, Bar Hoar, Hodges, Hooper, Hoskins, Howe, Hunter, rows, B. F. Butler, Cain, Cannon, Cason, Cessna, Hyde, HYNES, Kasson, Kelley, Kellogg, Lamport, A. Clark, S. A. Cobb, Coburn,Conger, Corwin, Lansing, Lawrence, Lawson, Loughridge, Lowe, Cotton, Crooke, Crounse, Curtis, Darrall, Dawes, I R. Lynch, McCrary, J. W. McDill, MacDougall, Dobbins, Donpan, Dunnell, Eames, Field, c. McKee, Merriam, Monroe, Morey, Niles, Nunn, Foster, Frye, Garfield, Gooch, Gunckel, R. S. O'Neill, Orth, Packard, Packer, Parsons, Pelham, Hale, ' B. W. Harris, Hathorn, J. B. Hawley, Pendleton, Pierce, Pike, J. H. Platt, T. C. Platt, J. R. Hawley, Hays, G. W. Hazelton, J. W. Poland, Pratt, Rainey, Ransier, Rapier, J. B. Hazelton, Hendee, E. R. Hoar, G. F. Hoa, Rice, E. H. Roberts, J. W. Robinson, Ross, Rusk, Hodges, Hooper, Hoskins, Houghton, Howe, Sawyer, H. B. Sayler, H. J. Scudder, Sessions, Hubbell, Hunter, Hurlbut, Kasson, Kelley, Shanks, Sheats, Sheldon, L. D. Shoemaker, Sloan, Kellogg, Lamport, Lawrence, Lawson, B. Lewis, Small, A. H. Smith, G. L. Smith, H. B. Smith, J. Loughridge, Lowe, J. R. Lynch, McCrary J. Q. Smith, Snyder, Sprague, Starkweather, Sto- W. McDill, McJunkin, McKee, Merriam, Mod well, Strawbridge, Sypher, Todd, W. Townsend, 1 roe, W. S. Moore, Morey, Negley, Niles, O'Neill,

Orr, Orth, Packard, Page, Parsons, Pelham, | Luttrell, Magee, McLean, Milliken, Mills, MorPendleton, Pierce, Pike, T. C. Platt, Poland, rison, Neal, Nesmith, W. E. Niblack, O'Brien, Purman, Rainey, Ransier, Rapier, J. B. Rice, E. Perry, Phelps, Randall, Ray, Read, Robbins, Richmond, E. K. Roberts, J. W. Robinson, Ross, J. C. Robinson, M. Sayler, İ. G. Schumaker, Rusk, Sawyer, H. B. Sayler, Scofield, H. J. Sener, Sloss, J. A. Smith, Southard, Speer, StanScudder, Shanks, Sheats, Sheldon, Small, A. H. ard, Standeford, St. John, Stone, Storm, Swann, Smith, G. L. Smith, H. B. Smith, J. Q Smith, C, Ý. Thomas, Thornburgh, Vance, Wells, WhiteSnyder, Starkweather, Stowell, Strawbridge, head, WHITEHOUSE, Whitthorne, Willie, E. K. Sypher, Todd, W. Townsend, Tremain, Waldron, Wilson, Wolfe, J. D. Young, P. M. B. Young-91. Wallace, Walls, J. D. Ward, M. L. Ward, White, Not Voting Messrs. F. Clarke, Clayton, Whiteley, Wilber, C. W. Willard, G. Willard, Clements, C. L. Cobb, Crocker, Danford, De Witt, C. G. Williams, J. M. S. Williams, Williams of Duell, Eden, Elliott, Farwell, Fort, Freeman, Indiana, W. B. Williams, J. Wilson, J. M. Wil-Glover, Hagans, E. Hale, Harmer, Havens, son, Woodford, Woodworth—140.

Hersey, HYNES, Jewett, Killinger, Lamison, NAYS—Messrs. Adams, Archer, Arthur, Ashe, Lansing, Lofland, Marshall, Martin, Maynard, Atkins, BANNING, Barnum, J B. Beck, H. P. Bell, ! A: S. McDill, MacDougall, McNulta, Mitchell. Berry, Bland, Blount, Bowen Bright, BRIMBERG, L. Myers, Nunn, Packer, H. W. Parker, I. v. Brown, Buckar, R. R. Brtier, . H. Valdivell, Parker, Phillips, J. & Platt, Potter, Pratt, W. J. B. Clark, Clymer, Comingo, Cook, Cox, Creamer, R. Roberts, I. W. Scudder, Sessions, I. R. SherCrittenden, Crossland, Crutchfield, J. J. Davis, wood, L. D. Shoemaker, Sloan, Smart, W. A. Durham, Eldredge, Giddings, Gunter, Hamilton, Smith, Sprague, A. H. Stephens, Strait, Taylor, Hancock, H. R. Harris, J. T. Harris, Harrison, C. R. Thomas, Tyner, Waddell, Wheeler, WoodHatcher, Hereford, Herndon, Holman, Hunton, 58. Hyde, Kendall, Knapp, Lamar, Leach, Lowndes, I The bill remains on the Speaker's table.

XVII.
WOMAN'S RIGHTS.

IN SENATE.

YEAS-Messrs. Anthony, Carpenter, Chandler,

Conover, Ferry of Michigan, Flanagan, Gilbert, 1874, May 28—Pending the consideration of Harvey, Mitchell, Morton, J.J. Patterson, Pratt, Senate bill No. 44, to establish the Territory of Sargent, Sprague, Stewart, Tipton, Washburn, Algonquin (or Pembina)

| West, Windom-19. Mr. SARGENT moved to amend section 5 thereof Nays-Messrs. Allison, Bayard, Boreman, by inserting the word “sex” before the word Boutwell, Buckingham, Clayton, Conkling, "race," and also to strike out the word “male," Cooper, Davis, Edmunds, Frelinghuysen, Hager, 80 that the section would read:

Hamilton of Maryland, Hitchcock, Jones, Kelly, SEC. 5. That every inhabitant of the United McCreery, Merrimon, Morrill of Vermont, Nora States above the age of twenty-one years, who wood, Ramsey, Ransom, Saulsbury, Scott, Shershall have been a resident of the said Territory man, Wadleigh, Wright-27. at the time of the passage of this act, shall be The bill was then rejected-yeas 19, nays 29. entitled to vote at the first and all subsequent elections in the Territory, and shall be eligible

In House. to hold any office in said Territory, but the qualifications for voters and of holding office, at all 1874, June 1-Mr. B. F. BUTLER, from the subsequent elections, shall be such as shall be Committee on the Judiciary, reported House provided by the Legislative Assembly: Provided, bill 3583, to allow certain citizens of the United That the Legislative Assembly shall not, at any states to practice law in the courts of the United time, abridge the right of suffrage, or to hold States. office, on account of sex, race, color, or previous The bill provides “ that every female citizen of condition of servitude of any resident of the the United States, otherwise found qualified, Territory: Provided further, That the right of shall be admitted to practice as attorney and suffrage and of holding office shall be exercised counsellor at law in the several courts of the only by citizens of the United States, and those United States." who shall have declared on oath, before a com- After a first and second reading, the bill was petent court of record, their intention to become ordered to be engrossed and read a third timesuch, and shall have taken an oath to support yeas 95, nays 66, not voting 128: the Constitution and Government of the United YEAS.- Messrs. Albert, Albright, Barber, States.

Barry, Begole, Biery, Bland, Bradley, BROM A motion to table the bill was disagreed to- BERG, Buffinton, Bundy, Burrows, B. F. Butler, yeas 24, nays 24.

Cain, Cason, Cessna, A. Clark, Coburn, Conger, Mr, SARGENT's amendment was disagreed to Crocker, Darrall, Dawes, Donpan, Farwell, yeas 19, Days 27:

Field, C. Foster, Freeman, Gooch, B. W. Harris,

Harrison, Hatcher, Hathorn, J.B. Hawley, J. R. I the constitution to secure to women the elective
Hawley, G.W. Hazelton, Houghton, Howe, Hun- franchise and the right to hold office. The re-
ter, Hyde, Kasson, Knapp, Lawrence, Lawson, solve was rejected.
Loughridge, Lowe, Marshall, McCrary, A. S. February 16, 1874, the House of Representa-
· McDill, J. W. McDill, MacDougall, W. Š. Moore, tives asked for the opinion of the justices of the
Morrison L. Myers, Niles, O'Neill, Page, I. C. Supreme Judicial Court on this question, viz:
Parker, Pelham, Pendleton, Pierce, Pike, J. H. Under the constitution of this Commonwealth
Platt, Potter, Purman, Rainey, Rapier, J. C. can a woman be a member of a school commit-
Robinson, Rusk, H. B. Sayler, Shanks, Sheats, tee?" To which the justices reply:
Sloan, A. H. Smith, G. L. Smith, H. B. Smith, “The question is limited to the effect of the
J. Q. Smith, Stanard, Starkweather, Stone, Strait, constitution upon the capacity of a woman to
C. Y. Thomas, Todd, Waldron, Wallace, J. D. hold this office, and involves no interpretation
Ward, WHITEHOUSE, Whiteley, Wilber, C. W. of statutes.
Willard, C. G. Williams, J. M. S. Williams, Wil. “If the constitution prevents a woman from
liams of Indiana, W. B. Williams, J. Wilson, being a member of a school committee, it must
J. M. Wilson-95.

be by force of some express provision thereof, or
Nays-Messrs. Adams, Archer, Arthur, Ashe, elee by necessary implication arising either from
Atkins, Barnum, J. B. Beck, H. P. Bell, Blount, the nature of the office itself, or from the law of
Bowen, Bright, Brown, Buckner, Burleigh, R. R. Massachusetts as existing when the constitution
Butler, J. RH. Caldwell, Clymer, Cook, Corwin, was adopted, and in the light of which it must
Cox, Crossland, Danford, Dunnell, Giddings, be read.
Hagans, E. Hale, Hamilton, Hancock, H. R. “But the constitution contains nothing relat-
Harris, J. T. Harris, Hays, Hereford, Herndon, ing to school committees; the office is created
E. R. Hoar, Holman, Hunton, Hurlbut, Lofland, and regulated by statute; and the constitution
Magee, Maynard, McLean, Millikin, Packer, confers upon the general court full power and
Poland, Ray, J. B. Rice, Robbins, E. H. authority to name and settle annually, or pro-
Roberts, Sawyer, I. W. Scudder, Sener, Sheldon, vide by fixed laws for naming and settling all
L. D. Shoemaker, Sloss, J. A. Smith, Southard, civil officers within the Commonwealth, the elec-
Speer, Sprague, Storm, Swann, W. Townsend, tion and constitution of whom are not in the
Treniain, Vance, Whitehead, Whitthorne, J. D. constitution otherwise provided for.
Young-66.

"The common law of England, which was our Not VOTING--Messsrs. Averill, BANNING, Barre- law upon the subject, permitted a woman to fill re, Bass, Berry, Burchard, Cannon, J. B.Clark, F. any local office of an administrative character, Clark, Clayton, Clements, C. L. Cobb, S. A. Cobb, the duties attached to which were such that a Comingo, Cotton, Creamer, Crittenden, Crooke, woman was competent to perform them. Crounse, Crutchfield, Curtis, J. J. Davis, De Witt, “The duties of a school committee relate exDobbins, Duell, Durham, Eames, Eden, Eldredge, clusively to the education of children and youth Elliott, Fort, Frye, Garfield, Glover, Gunckel, in the town or city for which it is elected; they R. S. Hale, Harmer, Havens, J. W. Hazelton, consist of the general charge and superintendence Hendee, Hersey, G. F. Hoar, Hodges, Hooper, of the schools, including the employment of Hoskins, Hubbell, HYNES, Jewett, Kelley, Kel- teachers, the selection of school books, the regu. logg, Kendall, Killinger, Lamar, Lamison, Lam- lation of the attendance of scholars, and the port, Lansing, Leach, B. Lewis, Lowndes, Lut- | preparation of school registers and returns; and trell, J. R. Lynch, Martin, McJunkin, McKee, they are in no respect of such a nature that they McNulta, Merriam, Mills, Mitchell, Monroe, cannot be well and efficiently performed by woMorey, Neal, Negley, Nesmith, W. E. Niblack, man. Nunn, O'Brien, Orr, Orth, Packard, H. W. Par "The necessary conclusion is, that there is ker, Parsons, E. Perry, Phelps, Phillips, T. C. nothing in the constitution of the Commonwealth Platt, Pratt, Randall, Ransier, Read, Richmond, to prevent a woman from being a member of a W. R. Roberts, J. W. Robinson, Ross, M. Sayler, school committee, and that the question proposed J. G. Schumaker, Scofield, H. J. Scudder, Ses- must be respectfully answered in the affirmsions, I. R. Sherwood, Small, Smart, W. A. Smith, ative." Snyder, Standeford, A. H. Stephens, St. John,

NEW HAMPSHIRE.
Stowell, Strawbridge, Sypher, Taylor, C. R.
Thomas, Thornburg, Tyner, Waddell, Walls, M.

The question of female suffrage was presented L. Ward, Wells, Wheeler, White, G. Willard, to

Home Willandil to the Legislature of 1873, in the shape of “An Willie, Wilshire, E. K. Wilson, Wolfe, Wood,

"Wand act authorizing women to vote in meetings of

school districts, and hold office in such districts." Woodford, Woodworth P. M. B. Young-128.

The popular branch indefinitely postponed the The bill did not reach a final vote.

bill by 69 yeas to 228 pays. State Action.

By act approved July 3, 1872, women may be

elected to the office of prudential school comMAINE.

mittee, in any district of the State. The legislative vote upon the question of fe

RHODE ISLAND. male suffrage, taken in 1873, resulted in the

The following resolution was adopted by the Senate, yeas 14, nays 14; in the House, yeas 61,

House of Representatives, (1874,) but indefinitely pays 69.

postponed by the Senate: MASSACHUSETTS.

Resolved, A majority of all the members elected A special committee of the Legislature of 1873 to each House of the General Assembly concurreported a resolve providing for amendment of ring herein, that the following article be pro

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