in granted are upon the following conditions, namely: all the lands herein or heretofore granted to said railroad company shall be sold to actual settlers only, and in quantities not greater than one hundred and sixty acres to any one person, and for a price not exceeding $2 50 per acre: And provided further, That no mortgage that may be given by said railroad company shall operate to prevent the sale to actual settlers only, upon the terms and conditions herein provided, of all the lands herein or heretofore granted by the United States to said railroad company, and any violation of this condition shall work a forfeiture of all the lands herein or heretofore granted by the United States to said railroad company.

Which was disagreed to-yeas 78, nays 106, as follow:

YEAS-Messrs. Adams, Ambler, Arnell, Asper, Ayer, Beatty, Bigs, Bird, James Brooks, Buffinton, Burchard, Sidney Clark, Cleveland, Amasa Cobb, Coburn, Cook, Cowles, Cox, Crebs, Cullom, Degener, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Haight, Haldeman, Hawkins, Hawley, Hay, Hays. Heflin, Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morgan, Packard, Packer, Paine, Pomeroy, Potter, Randall, Reeves, Rice, Rogers, Sargent, Shanks, Slocum, John A. Smith, William Smyth, Stevenson, Stiles, Tyner, Upson, Ward, Cadwalader C. | Washburn, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward-78.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Bailey, Banks, Barnum, Barry, Beaman, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Cessna, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Gibson, Hale, Hamill, Hamilton, Harris, Hoar, Hooper. Hotchkiss, Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Mayham. Maynard, McCarthy, McKee, McKenzie, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Tillman, Trimble, Twichell, Van Auken, William B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Eugene

M. Wilson-106.

Mr. Sargent moved to strike out the proviso inserted in the Senate on motion of Mr. Scott, and to insert as follows:

Provided, That all lands granted to said company shall be subject to settlement and pre-emption like other lands, at a price to be paid to said company, not exceeding $2 50 per acre; and if the mortgage hereby authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgage lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be executed, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale at places within the States and Territories in which they shall be situate, after not less than sixty days' previous notice, in single sections or subdivisions thereof, to the highest and best bidder; and the purchasers at said sale, except actual settlers on not greater subdivisions than one hundred and sixty acres, shall acquire no higher interest in said lands than is by this act granted to said company; and as to all lands purchased under any such sale by any corporation or by other persons, greater in quantity than one quarter section for any one person, all such lands shall be and re

main subject to the right of purchase by actual settlers at a price not exceeding $2 50 per acre, and in amounts not exceeding one quarter section by any one person, under such rules and regulations as the Secretary of the Interior may prescribe to carry this provision into effect. Which was disagreed to-yeas 73, nays 104, as follow:

YEAS-Messrs. Ambler, Arnell, Asper, Ayer, Beatty, Beck, Bird, James Brooks, Buffinton, Burchard, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cowles, Cox, Crebs, Cullom, Degener, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Haldeman, Hawley, Hay, Hays, Heflin, Ingersoll, Johnson, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, William Moore, Morgan, Morphis, Packard, Paine, Fotter, Rundall. Rice, Rogers, Sargent, Shanks, Slocum, John A. Smith, William J. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, Ward, Cadwalader C. Washburn, Willard, Williams, John T. Wilson, Winans, Witcher, Woodward-73.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Bailey, Banks, Barnum, Barry, Beaman, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Cessna, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Dickey, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Gibson, Hamill, Hamilton, Harris, Hoar, Hooper, Hotchkiss, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Packer, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stone, Stoughton, Strickland, Strong, Taffe, Tanner, Taylor, Tillman, Trimble, Twichell, Van Auken, William B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson-104.

May 26-Mr. Welker moved to amend. by adding to the first section the following:

Provided further, That as to all new grants herein of additional lands, such lands, excepting pine and fir timber lands and mineral lands, shall be sold by said company to actual settlers at a price not exceeding $2 50 per acre, and in quantities not exceeding one hundred and sixty acres to any one person, under such regulations as may be prescribed by the Secretary of the Interior.

Which was disagreed to-ayes 87, nays 95, as follow:

YEAS-Messrs. Ambler, Arnell, Asper, Beatty, Beck, Biggs, Bingham, Bird, James Brooks, Buffinton, Burchard, Benjamin F. Butler, Cessna, Sidney Clarke, Cleve land, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickey, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Ferry, Finkelnburg, Getz, Griswold, Haight, Haldeman, Hawley, Hay, Hays, Heflin, Holman, Ingersoll, Johnson, Judd. Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Niblack, Orth, Packard, Packer, Paine, Polter. Randall, Reeves, Rice, Ridgway, Sargent, Shanks, John A. Smith, William Tyner, Upson, Van Wyck, Voorhees, Ward, Welker, WilSmyth, Stevens, Stevenson, Stiles, Strong, Townsend, lard, Williams, John T. Wilson, Winans, Witcher,

Woodward-87.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Blair, Boles, Booker, Boyd, George Cake, Calkin, Churchill, William T. Clark, Clinton L. M. Brooks, Buckley, Burdett, Roderick R. Butler, Cobb, Conger, Conner, Covode, Cowles, Dawes, Dixon, Dox, Ferriss, Fitch, Fox, Garfield, Hale, Hamill, Hamilton, Harris, Hoar, Hooper, Hotchkiss, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch. Mayham, Maynard, Met arthy, McKee, McKenzie, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter

Woodward-89.

upon direct the proper district land officers to give public notice to all actual settlers under the provisions of this act residing on the granted lands opposite to and conterminous with said completed section, to make proof and payment to the district land officers for their claims within three months from the date of said notice; and

the registers and receivers shall report the sale of said lands monthly, as in the sales of public lands; and the amount received shall be placed by the receivers to the credit of the railroad company, in such depository as they may designate: Provided, That if any settler shall fail to make proof and pay for his claim within the time herein specified, his right thereto shall become forfeited, and the land shall be patented to the said company: And provided further, That patents shall issue to said company for all lands which shall remain unsold after the expiration of three months from the date of completion of each section of said road: And provided also, That the railroad company may, at any time, sell, convey by deed, mortgage, or deed of trust, all of said land, to persons or corporations, and not actual settlers, and at such prices and on such terms as the parties may agree upon: Provided, That when so sold or conveyed the said lands in the hands of the purchaser, mortgagee, or trustee, or other grantees, shall be subject to sale to actual settlers within the time limited as aforesaid, and on the same terms as though the said deed, mortgage, or deed of trust had never been made: Provided, That if said road is not completed within ten years from the date of the acceptance of the grant herein made, the lands remaining along the uncompleted portions of the road shall revert to the Government and be open to pre-emption and homestead entry after due public notice by the

YEAS-Messrs. Adams, Ambler, Archer, Arnell, Asper, Beatty, Biggs, Bird, James Brooks, Buffinton, Burchard, Benjamin F. Butler, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cowles, Cox, Crebs, Cullom, Dawes, Dickey, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Getz, Griswold, Haight, Haldeman, Hale, Hamill, Hamilton, Hawley, Hay, Hays,' Heflin, Hill, Holman, Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McKenzie, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Packer, Paine, Randall, Reeves, Rice, Ridgway, Sargent, Shanks, John A. Smith, Stevens, Stevenson, Stiles, Swann, Tillman, Tyner, Upson, Van Wyck, Voorhees, Ward, Welker, Willard, Williams, John T. Wilson, Winans, Witcher, NAYS-Messrs. Allison, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Boyd, 'George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Harris, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Maynard, McCarthy, McKee, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith, William Smyth, Stark wether, Stokes, Stone, Stoughton, Strickland, Taffe, Tanner, Taylor, Townsend, Trimble, Twichell, Van Auken, William B. Wash-district land officers, under instructions from the burn, Wheeler, Whitmore, Wilkinson, Eugene M. Wil- Secretary of the Interior, as provided in the case of public lands.

son-92.

Mr. Sidney Clarke moved to amend, by adding the following additional section:

Which was disagreed to--yeas 68, nays 117, as follow:

YEAS-Messrs. Ambler, Arnell, Asper, Beatty, Biggs, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Crebs, CulBird, Buffinton, Burchard, Cessna. Sidney Clarke, lom, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Griswold, Haight, Haldeman, Hawkins, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McHawley, Hay, Heflin, Holman, Ingersoll, Johnson, Judd, Grew, McNeely, Eliakim H. Moore, Jesse H. Moore, Reeves, Rice, Ridgway, Rogers, Sargent, Shanks, John William Moore, Morgan, Orth, Packard, Potter, Randall, A. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, Ward, Williams, John T. Wilson, Winans, Witcher, Woodward-68.

SEC.. That the lands granted by this act and all previous acts to said company shall inure to the benefit of said company, its assigns and successors, in the manner following, that is to say: that all the lands shall be immediatley open to settlement, and shall be sold to actual settlers only, who shall be entitled to receive patents therefor in contiguous parcels not exceeding a quantity equal to one quarter section to any one person, and at the price of $2 50 per acre, under such rules and regulations as may be prescribed by the Secretary of the Interior, in accordance Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, NAYS-Messrs. Allison. Ames, Archer, Armstrong, with the provisions of this act: Provided, how- Bennett, Benton, Bingham, Blair, Boles, Booker, ever, That such persons shall be citizens of the Bowen, Boyd, George M. Brooks, Buckley, Burdett, United States, or shall have declared their inten- T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Roderick R. Butler, Cake, Calkin, Churchill, William tion to become such, before they shall be entitled Cowles, Dawes, Degener, Dickey, Dixon, Dockery, to become actual settlers under the provisions of Dox, Ferriss, Ferry, Finkelnburg, Fitch, For, Garfield, this act: And provided further, That when the Hooper, Hotchkiss, Kelley, Kellogg, Kelsey, Ketcham, Getz, Hale, Hamill, Ilamilton, Harris, Hays, Hoar, company shall file with the Secretary of the In- Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, terior the certificate of the Governor of the State McCarthy, MeKee, McKenzie, Mercur, Morphis, Daniel or Territory in which said road is located that Newsham, O'Neill, Packer, Paine, Peck. Perce, Peters, J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, any twenty consecutive miles of said road have Phelps, Poland, Pomeroy, Prosser, Rocts, Sawyer, been completed in a good, substantial, and work- Schenck, Schumaker, Lionel A. Sheldon, Porter Shelmanlike manner, together with a map designat-Smith, William Smyth, Starkweather, Stokes, Stone, don, Sherrod, Shober. Joseph S. Smith, Worthington C. ing by the public surveys the line of such com- Stoughton. Strickland, Strong. Swann, Taffe, Tanner, pleted portion, and the points of beginning and Taylor, Tillman, Townsend, Trimble, Twichell, Van ending, the Secretary of the Interior shall there- Auken, William B. Washburn. Welker, 'Wheeler, Whit

more, Wilkinson, Eugene M. Wilson-117.

Mr. Ela moved to add at the end of section | thington C. Smith, Williain Smyth, Starkweather, one the following:

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, Ran 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, Hawley, Hay, Heflin, Holman, Ingersoll, Johnson. Judd, Knott, Lawrence, Lewis, McCrary, McGrew, McNeely, Mercur, Eliakim II. Moore, William Moore. Newsham, Orth, Packard. Packer, Paine, Pomeroy, Potter, Ranliam J. Smith, Stevens, Stevenson, Stiles, Streng, Tydall, Reeves, Rice, Sargent, Shanks, John A. Smith, Wilner, Upson, Van Wyck, Ward, William B. Washburn, Williams, John T. Wilson, Winans, Witcher, Wood

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, NAYS-Messrs. Allison, Ames, Archer, Armstrong, ley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin, Hamill, Harris, Hays, Hoge, Hooper, Hotchkiss, KelAtwood, Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, Benton, Bingham, Blair, Booker, Bowen, Boyd, Buck- McKee, Morphis, Daniel J. Morrell, Morrissey, Myers, ley, Burdett, Roderick R. Butler, Cake, Calkin, Church- Negley, O'Neill, Peck, Perce, Peters, Phelps, Poland, ill, William T. Clark, Conger, Conner, Covode, Cowles, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S. Fitch, Fox, Garfield. Getz, Hale, Hamill, Hamilton, Smith, Worthington C. Smith, William Smyth, StarkHarris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kel-weather, Stokes, Stone, Stoughton, Strickland, Taffe, ley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Mercur, Daniel J. Morrell, Morrissey, Myers, Negley, M. Wilson-94. Van Auken, Wheeler, Whitmore, Wilkinson, Eugene 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, Strickland, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, Ward, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson, Woodward-107.

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

The bill then passed both Houses as above.

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

Resolved, That in the judgment of this House And be it further provided, That the grants of the policy of granting subsidies in public lands lands herein stipulated to said company are made to railroad and other corporations ought to be upon the express condition that the Congress of discontinued; and that every consideration of the United States reserves the right to regulate public policy and equal justice to the whole peoand limit the rates of freight and fare of passen-ple requires that the public lands of the United 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:

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- take or resume his seat, or any officer of said sentation in the Congress of the United States. State shall enter upon the duties of his office, he Whereas the people of Virginia have framed shall take and subscribe and file in the office of and adopted a constitution of State government the secretary of state of Virginia, for permawhich is republican; and whereas the Legislature nent preservation, an oath in the form followof Virginia elected under said constitution have ing: "I, do solemnly swear that I ratified the XIVth and XVth amendments to the have never taken an oath as a member of ConConstitution of the United States; and whereas gress, or as an officer of the United States, or as the performance of these several acts in good a member of any State legislature, or as an exfaith was a condition precedent to the representa-ecutive or judicial officer of any State, to suption of the State in Congress: Therefore, port the Constitution of the United States, and

Be it enacted, &c., That the said State of Vir-afterward engaged in insurrection or rebellion ginia is entitled to representation in the Congress | against the same, or given aid or comfort to the of the United States: Provided, That before any enemies thereof: so help me God;" or such permember of the Legislature of said State shall son shall in like manner take, subscribe, and file