Previous Votes.

IN SENATE.

1870, February 8-Mr. Ramsey introduced the resolution which on February 22 was reported from the Committee on the Pacific Railroad, as follows:

Be it resolved, &c., That the northern Pacific Railroad Company be, and hereby is, authorized to issue its bonds to aid in the construction and equipment of its road, and to secure the same by mortgage on its property and rights of property of all kinds and descriptions, real, personal, and mixed, including its franchise as a corporation; and, as proof and notice of its legal execution and effectual delivery, said mortgage shall be filed and recorded in the office of the Secretary of the Interior, and when so filed shall be deemed to be a good and sufficient conveyance of all the rights and property of said company as therein expressed, and also to locate and construct, under the provisions and with the privileges and duties provided for in its act of incorporation and the amendments thereto, its main road to its western terminus, via the valley of the Columbia River, with the right to locate and construct its branch from some convenient point on its main trunk line, across the Cascade mountains, to Puget Sound; and in the event of there not being in any State or Territory in which said main line or branch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by its charter, then said company shall be entitled, under the directions of the Secretary of the Interior, to receive so many sections of land belonging to the United States, and designated by odd numbers, in such State or Territory, within ten miles on each side of said foad beyond the limits prescribed in said charter, as will make up such deficiency on said main line or branch. And that twenty-five miles of said main line, between its western terminus and the city of Portland, in the State of Oregon, shall be completed by the 1st day of January, A. D. 1872, and forty miles of the remaining portion thereof each year thereafter, until the whole shall be completed between said points. April 11-Mr. Thurman moved to insert at the end of the resolution the following:

And the rights and privileges hereby conferred upon said company, and the grants of land hereby made to it, are conferred and made upon the following express conditions, to wit:

First. That the alternate sections of land heretofore or hereby granted to said company, except such portions thereof as shall be laid out by said company in town or city lots, and such portions thereof as shall be used by it for depots, ditches, water-stations, round-houses, coal, wood, lumber, and cattle-yards, sites for workshops, and other buildings or structures necessary for said road or branch road, shall be sold by said company to actual settlers upon the same and to no other person or persons; and no such settler shall be entitled to purchase more than one hundred and sixty acres thereof, nor shall he or those claiming under him receive a deed therefor until the same shall have been actually occupied by him or by him and them at least two years.

Fifth. Any mortgage or mortgages of said lands or any part thereof that may be made or executed by said company shall be subject to the conditions aforesaid in favor of the actual settlers or of the United States, and no foreclosure of any such mortgage or sale thereunder by any trustee or trustees, or under any judicial judgment or decree, shall operate to deprive such actual settlers or the United States of the rights and privileges herein before specified; nor shall anything in this resolution contained be held to waive the conditions upon which patents are to issue, specified in section four of the charter of said company.

Sixth. Within ninety days after the passage of this joint resolution said company shall file in the Department of the Interior its written assent to the foregoing conditions, and if it shall fail so to do, this joint resolution shall become null and void.

Mr. Wilson moved to strike out the words

"heretofore or," in the first of the conditions, which was agreed to-yeas 30, nays 9, as follow:

YEAS-Messrs. Ames, Anthony, Chandler. Cole, Conkling, Corbett, Cragin, Flanagan, Fowler, Gilbert, Hamilton of Texas, Hamlin, Howard, Kellogg, McDonald, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Ramsey, Rice, Ross, Sawyer, Stewart, Sumner, Tipton, Trumbull, Williams, Wilson-30.

NAYS-Messrs. Bayard, Casserly, Davis, Harlan, Howell, Johnston, McCreery, Pool, Thurman-9.

Mr. Thurman's amendment was then disagreed to-yeas 15, nays 26, as follow:

YEAS-Messrs. Anthony, Bayard, Casserly. Cragin, Davis, Fowler, Harlan, Howell, Johnston, McCreery, Pool, Stockton, Thurman. Tipton, Wilson-15.

NAYS-Messrs. Ames, Chandler, Cole, Conkling, Corbett, Drake, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Howard, Howe, Kellogg, McDonald, Morrill of Vermont, Nye, Osborn, Pomeroy, Ramsey, Rice,

Ross, Sawyer, Stewart, Sumner, Trumbull, Williams

26.

Mr. Wilson moved to insert after the word

"branch," in line 35, the following:

And the additional alternate sections of land

granted by this resolution shall be sold by the company only to actual settlers, in quantities not exceeding one hundred and sixty acres or quarter-section to any one settler, and at prices not exceeding $2 50 per acre;

Which was disagreed to-yeas 15, nays 22, as follow:

YEAS-Messrs. Anthony, Bayard, Casserly, Cragin, Davis, Fowler, Harlan, Howell, Johnston, McCreery, Pool, Thurman. Tipton. Trumbull, Vickers-15. Flanagan, Gilbert, Hamlin, Howard. Howe. Kellogg, NAYS-Messrs. Ames, Chandler, Cole, Corbett, Drake, McDonald. Morrill of Vermont, Nye, Osborn, Pomeroy, Ramsey, Rice, Ross, Sawyer, Stewart, Williams-22.

April 20. Mr. Harlan moved to strike out the following words:

And in the event of there not being in any

State or Territory, in which said main line or branch may be located, at the time of the final location thereof, the amount of lands per mile granted by Congress to said company, within the limits prescribed by its charter, then said company shall be entitled, under the directions of the Secretary of the Interior, to receive so many sections of land belonging to the United States, and designated by odd numbers, in such State or Territory, within ten miles on each side of said road, beyond the limits prescribed in said charter, as will make up such deficiency on said main line or branch to the amount of the lands that have been granted, sold, reserved, occupied by homestead settlers, pre-empted or otherwise disposed of subsequent to the passage of the act of July 2, 1864.

Which was disagreed to-yeas 11, nays 41, as

follow:

YEAS-Messrs. Buckingham. Casserly, Davis, Harlan, Howell, McCreery, Pratt, Suulsbury, Schurz, Thurman, Willey-11.

NAYS-Messrs. Ames, Anthony, Brownlow, Chandler, Cole, Corbett, Cragin Drake, Edmunds. Fenton, Ferry, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harris, Howard, Howe, Kellogg, McDonald. Morrill of Maine, Morill of Vermont, Norton, Nye, Patterson, Pomeroy, Ramsey, Revels, Rice, Robertson, Ross, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Truinbull, Williams, Wilson-41.

Mr. Howell moved to insert the following proviso at the end of the resolution:

Provided, That all lands granted by this joint resolution, which shall not be sold or disposed of by said company within five years after the road shall have been completed, shall be subject to settlement and pre-emption like other lands, at a price not exceeding $1 25 per acre, to be paid to said company.

Which was disagreed to-yeas 13, nays 34, as follow:

YEAS-Messrs. Boreman, Casserly, Davis, Fowler, Harlan, Harris, Howe, Howell, McCreery, Saulsbury, Thurman, Willey, Wilson-13.

NAYS-Messrs. Ames, Anthony. Brownlow. Buckingham, Chandler, Cole, Corbett, Cragin, Edmunds, Fenton, Ferry, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Howard. Kellogg, McDonald, Morrill of Maine. Morrill of Vermont, Norton, Nye, Osborn, Pomeroy. Ramsey, Revels, Robertson, Ross, Sawyer, Scott, Sherman, Stewart, Thayer, Williams-34.

Mr. Casserly moved to insert the following proviso:

Provided, That all lands granted by this joint resolution, which shall not be sold or disposed of by said company within ten years after the road shall have been completed, shall be subject to settlement and pre-emption like other lands, at a price not exceeding $1 25 cents per acre, to be paid to said company.

Which was disagreed to-yeas 16, nays 28, as follow:

YEAS-Mesars. Anthony, Boreman, Cameron, Casserly, Davis, Fowler, Hamlin, Harlan, Howe, Howell, McCreery, Saulsbury, Thurman, Warner, Willey, Wilson-16. NAYS-Messrs. Ames, Brownlow, Buckingham, Chandler, Corbett, Cragin, Edmunds, Flanagan, Gilbert, Howard, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont, Norton, Nye, Osborn, Patterson, Pomeroy, Ramsey, Rice, Robertson, Ross, Sawyer. Scott, Stewart, Thayer, Williams-28.

April 21.-Mr. Thurman moved to insert at the end of the resolution the following:

And the rights and privileges hereby conferred upon said company and the grants of land hereby made to it are conferred and made upon this condition: That said company, its successors and assigns, shall forever transport over said road and its branches, free from any toll or charge, all troops, produce, stores, and munitions of war that may belong to the United States.

Which was disagreed to-yeas 12, nays 35, as follow:

YEAS-Messrs. Ames, Bayard, Boreman, Cameron, Casserly, Harlan, McCreery, Morton, Pratt, Saulsbury, Willey, Yates-12.

NAYS-Messrs. Anthony, Brownlow, Chandler, Cole, Corbett, Cragin, Fenton, Flanagan, Fowler, Hamlin, Harris, Howard, Howe, Kellogg, McDonald, Morrill of

Maine, Morrill of Vermont, Norton, Nye, Osborn, Patterson, Pomeroy, Ramsey, Revels, Rice, Robertson, Sawyer, Scott, Spencer, Stewart, Sumner, Thayer, Trumbull, Williams, Wilson-35.

Mr. Scott moved to insert at the end of the resolution the following:

Provided, That all lands hereby granted to said company which shall not be sold or disposed of or remain subject to the mortgage by this act authorized, at the expiration of five years after the completion of the entire road, 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 government 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 bidders.

Which was agreed to-yeas 38, nays 8, as follow:

YEAS-Messrs. Anthony, Bayard, Boreman, Buckingham, Cameron, Cusserly, Chandler, Cole, Corbett, Cragin, Fenton, Ferry, Fowler, Harlan, Harris, Howard, Howe, Kellogg, McCreery, McDonald. Morrill of Maine, Morrill of Vermont, Morton, Osborn, Patterson, Pratt, Ramsey, Revels, Saulsbury, Scott, Spencer, Sumner. Thayer, Trumbull, Willey, Williams, Wilson, Yates-38.

NAYS-Messrs. Ames, Brownlow, Flanagan, Hamilton of Texas, Nye, Pomeroy, Robertson, Stewart-8.

Mr. Cameron moved to insert at the end of the resolution the following:

Provided further, That in the construction of the said railroad American iron or steel only shall be used, the same to be manufactured from American ores exclusively.

Which was agreed to-yeas 27, nays 18, as follow:

ingham, Cameron, Chandler, Cragin, Fenton, Flanagan,
YEAS-Messrs. Anthony, Boreman, Brownlow, Buck-
Fowler, Hamlin, Harlan, Harris, Howard, Howe, Mc-
Donald, Morton, Nye, Osborn, Patterson, Pratt, Ram-
sey, Revels, Scott, Stewart, Thayer, Willey-27.
Ferry, Kellogg. McCreery, Pomeroy, Rice, Robertson,
NAYS-Messrs. Ámes, Bayard, Casserly, Cole, Corbett,
Saulsbury, Spencer, Sumner, Trumbull, Williams, Wil-

son,

Yates-18.

IN HOUSE OF REPRESENTATIVES. 1870, May 25-Mr. Hawley moved to amend, by adding to the first section as follows: And provided further, That the privileges here

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, Bira, Jumes Brooks, Bufiinton, 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, Cmner, 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, dd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, William Moore, Morgan, Morphis, Packard, Paine, Fotter, Randall. Rice, Rogers, Sargent, Shanks. S'ocum, 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, Dor, 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, Ilay, Hays, lleflin, 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, Potter. Randall, Reeves, Rice, Ridgway, Sargent, Shanks, John A. Smith, William Smyth, Stevens, Stevenson, Stiles, Strong, Townsend, Tyner, Upson, Van Wyck, Voorhees, Ward, Welker, Willard, Williams, John T. Wilson, Winans, Witcher,

Woodward-87.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, At

wood, 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, Commer. Covode. Cowles, Dawes, Dixon, Dox, Ferriss, Fitch, Fox, Garfield, Hale, Hamill, Hamil Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, ton, Harris, Hoar, Hooper, Hotchkiss, Alexander H. Laflin, Lash, Logan, Lynch. Mayham, Maynard, Me' 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