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NAYS-Messrs. Adams, Archer, Axtell, Beck, Biggs, Bingham, Bird, Calkin, Cox, Crebs, Dickinson, Dox, Eldridge, Farnsworth. Getz, Greene, Griswold, Haldeman, Hambleton, Hamill. Hawkins. Holman, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, Mayham, McCormick, McNeely, Morgan, Mungen, Niblack, Potter, Randall, Reeves, Rice, Rogers, Joseph S. Smith, Stone, Strader, Swann, Sweeney, Trimble, Van Trump, Voorhees, Wells, Eugene M. Wilson, Winchester, Witcher, Woodward-51.

Previous Votes.

IN SENATE.

1869, December 17-Mr. Morton moved to strike out the eighth section of the bill as reported from the Judiciary Committee, which was in these words:

the restoration of Georgia, similar in terms to the Mississippi and Texas bills, (for which see chapter LV.)

Mr. Bingham moved to add the following proviso:

Provided, That nothing in this act contained shall be construed to vacate any of the offices now filled in the State of Georgia, either by the election of the people, or by the appointment of the governor thereof, by and with the advice and consent of the senate of said State; neither shall this act be construed to extend the official term of any officer of said State beyond the term limited by the constitution thereof, dating from the election or appointment of such officer; nor to re-deprive the people of Georgia of the right, under their constitution, to elect senators and representatives of the State of Georgia in the year 1870, but said election shall be held in the year 1870, either on the day named in the constitution of said State or such other day as the present legislature may designate by law.

"That the Legislature of Georgia shall be garded as provisional only, until the further action of Congress,"

And to insert the section as in the text of the bill, which was agreed to-yeas 38, nays 15, as follows:

Which was agreed to-yeas 115, nays 71, as follow:

YEAS-Messrs. Abbott, Brownlow, Buckingham. Cat-
tell, Chandler, Cole, Cragin, Drake, Fenton, Gilbert,
Hamlin, Harlan, Harris, Howard, Kellogg, McDonald,
Morrill of Maine, Morrill of Vermont, Morton, Nye,
Osborn, Patterson, Pomeroy, Pratt, Ramsey, Robert-
YEAS-Messrs. Adams, Allison, Ambler, Archer, Axtell,
son, Ross, Sawyer. Schurz, Scott, Sherman, Spencer, Banks, Beaman, Beatty, Beck. Biggs, Bingham, Bird,
Stewart, Sumner, Thayer, Warner, Williams, Wilson-Blair. Booker, Burchard, Burr, Calkin, Churchill. Cleve

38.

NAYS.-Messrs. Bayard, Carpenter, Casserly, Conkling, Corbett, Davis. Fowler, William T. Hamilton, Norton, Rice, Saulsbury, Stockton, Thurman, Vickers, Willey-15. A few unimportant changes were made, and the bill passed both Houses, as above.

An act relating to the State of Georgia. Be it enacted, &c., That the State of Georgia, having complied with the reconstruction acts, and the XIVth and XVth articles of amendments to the Constitution of the United States having been ratified in good faith by a legal legislature of said State, it is hereby declared that the State of Georgia is entitled to representation in the Congress of the United States nothing in this act contained shall be construed to deprive the people of Georgia of the right to an election for members of the general assembly of said State, as provided for in the constitution thereof.

But

SEC. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as prohibits the organization, arming, or calling into service of the militia forces in the States of Georgia, Mississippi, Texas, and Virginia, be, and the same is hereby, repealed; and nothing in this or any other act of Congress shall be construed to affect the term to which any officer has been appointed or any member of the general assembly elected, as prescribed by the constitution of the State of Georgia.

Approved July 15, 1870.

This act, being the report of the committee of conference, was adopted in both houses without a division July 14, 1870.

Previous Votes.

IN HOUSE.

1870, February 25-Mr. B. F. Butler, from the Committee on Reconstruction, reported a bill for

land, Coburn, Cook. Cox. Crebs, Cullom. Dawes, Dickin
Ferry, Finkelnburg, Garfield, Get. Griswold. Haight,
son, Dockery. Do.x, Duval. Eldridge, Farnsworth, Ferriss,
Haldeman, Hale. Hambleton, Hamill, Fawkins, Hawley,
Hay, Heaton, Hill, Holman, Ingersoll. Jenckes, Johnson,
Thomas L. Jones, Judd, Kellogg, Kerr, Ketcham, Knott,
Laflin, Logan. Marsh ll, Mayham, McCarthy. McCormick,
McCrary, McKenzie, McNeely, Milnes, Eliakim II. Moore,
Jesse H. Moore, Niblack. Orth, Packard, Packer, Platt,
Pomeroy, Potter Randall, Reading, Reeves, Rice, Rogers,
Sargent. Schenck. Schumaker, Sherrod, Slocum, John A.
Smith, Worthington C. Smith. Starkweather, Stiles,
Stone, Strader. Strong, Swann. Taffe, Tanner, Trimble,
Tyner, Van Auken Van Trump, Voorhees, Cadwalader
C. Washburn. William B Washburn, Welker, Wells,
Wheeler, Wilkinson, Willard, Williams, Eugene M. Wil
son. John T. Wilson, Winans, Witcher, Wood, Woodward

-115.

NAYS-Messrs. Arnell, Asper, Atwood, Ayer, Benjamin, Boles. Bowen, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Clarke, Amasa Cobb, Clinton L. Cobb. Conger, Covode. Davis, Dickey, Donley, Fisher, Gilfillan, Hamilton, Harris, Hays, Heflin, Hoar, Hoge, Hooper, Hotchkiss, Alexander II. Jones, Julian, Kelley, Knapp, Lash, Lawrence, Loughridge, Maynard, McKee, Mercur, William Moore, Morrell, Morrill, Myers, Negley, O'Neill, Paine, Palmer, Perce, Phelps, Prosser, Roots, Sanford, Sawyer, Shanks, William J. Smith, William Smyth, Stevenson, Stokes, Stoughton, Strickland, Tillinan, Townsend, Twichell, Upson, Van Horn

-71.

The bill was then passed-yeas 125, nays 55, as follow:

YEAS-Messrs. Allison, Ambler, Arnell, Asper, At

wood, Ayer, Banks, Beaman, Beatty, Benjamin, Bingham, Blair, Boles, Booker, Bowen, Boyd, George M, Brooks, Buck, Buckley, Buffinton, Burchard, Burdett. Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Clarke, Amasa Cobb, Clinton L. Cobb Coburn, Cook, Conger, Cullom, Davis, Dawes, Dickey, Dockery, Donley, Duval, Ferriss Ferry, Finkelnburg, Fisher, Garfield, Gilfillan, Hale, Hamilton, Harris, Hawley, Hay, Heaton, Heflin, Hill, Hoar, Hoge, Hooper, Hotchkiss, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Ketcham, Knapp, Laflin, Lash, Lawrence, Logan, Loughridge, Lynch, McCarthy, McCrary, McKenzie, Mercur, Eliakim H. Moore, Jesse II. Moore, William Moore, Morrell, Morrill, Myers, Negley, O'Neill, Orth, Packard, Packer, Paine, Phelps, Platt, Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer, Schenck, Scofield, Shanks, John A. Smith, William J. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stoughton, Strickland, Strong, Tillman, Townsend, Twichell, Tyner, Upson, Van Horn, Cadwalader C. Washburn, William B. Washburn, Wel

ker, Wheeler, Wilkinson, Willard, Williams, John T. |
Wilson, Winans, Witcher-125.
NAYS-Messrs. Adams, Archer, Axtell, Beck, Biggs.
Bird, Burr. Calkin, Cleveland, Cox, Crebs, Dickinson, Dox,
Eldridge. Getz, Griswold. Haight, Haldeman, Hambleton,
Hamill, Hawkins, Holman, Johnson, Thomas L Jones,
Kerr, Knott, Marshall, Mayham, McCormick, McNeely,
Milnes Niblack, Potter, Randall, Reading, Reeves, Rice,
Rogers, Schumaker, Sherrod, Slocum. Stevenson, Stiles,
Stone, Strader, Swann, Tanner, Trimble, Van Auken, Van
Trump, Voorhees, Wells, Eugene M. Wilson, Wood, Wood-
ward-55.

IN SENATE.

named in the said constitution; and the said general assembly shall, by joint resolution, consent to this fundamental condition before this act shall take effect."

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Mr. Pomeroy moved to amend the amendment of Mr. Wilson by striking out all after the word that" in the first line and inserting as follows: The existing government in the State of Georgia is hereby declared to be provisional; and the same shall continue subject to the provisions of the acts of Congress of March 2, 1867, and March 23, 1867, and of July 19, 1867, until the admission of said State, by law, to representation in Congress; and for this purpose the State of Georgia shall constitute the third military dis"SEC. 2. That in accordance with the provis

1870, March 18-Mr. Morton moved to amend by inserting at the end of the bill as follows: SEC. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as prohibits the organization, arming, or calling into service of the militia forces in the State of Geor-ions of, and under the powers and limitations gia, be, and the same is hereby, repealed. Which was agreed to.

April 14-Mr. Williams moved to strike out the last clause of the Bingham proviso and

sert as follows:

trict.

provided in, said acts, an election shall be held in said State on the 15th day of November, 1870, for all the members of the general assemin-bly of said State provided for in the constitution of said State, adopted by its convention on the 11th day of March, 1868, at which election all Persons who by said constitution are electors shall be entitled to vote. And said general assembly, so elected, shall assemble at the capitol of said State, on Tuesday, the 13th day of Deadmission of the State to representation in Concember, 1870, and organize, preparatory to the gress; and the powers and functions of the members of the existing general assembly shall cease and determine on the said 13th day of December, 1870."

Provided further, That the next election for members of the general assembly of said State shall be held on the Tuesday after the first Monday of November, A. D. 1872, and the last clause of the second subdivision of the 1st section of the IIId article of said constitution, in the following words: "The general assembly may, by law, change the time of election, and the members shall hold until their successors are elected and qualified," shall never be by any legislature exercised so as to extend the term of any office beyond the regular period named in the said constitution; and the said general assembly shall, by joint resolution, consent to this proviso as a fundamental condition before this act shall take effect.

Which was disagreed to-yeas 24, nays 25, as follow:

YEAS-Messrs. Abbott., Ames, Boreman, Chandler, Cole, Drake, Fenton, Flanagan, Gilbert, Hamilton of Texas, Howard. Howell, Lewis, Nye, Osborn, Ramsey, Rice, Spencer, Stewart, Sumner, Thayer, Warner, Williams, Wilson-24.

NAYS-Messrs. Anthony, Buckingham. Carpenter, Casserly, Corbett, Duvis, Ferry, Fowler, William T. Hamilton, Howe, Johnston, McCreery, Morrill of Maine, Morrill of Vermont, Patterson, Pratt, Schurz, Scott, Sherman, Sprague, Stockton, Tipton, Trumbull, Vickers, Willey

25.

Mr. Pomeroy's amendment was agreed toyeas 37, nays 24, as follow:

YEAS-Messrs. Abbott, Ames, Anthony, Buckingham, Carpenter, Casserly, Cole, Corbett, Cragin, Davis, Edmunds, Ferry, Fowler, Hamilton of Maryland, Hamlin, Harlan, Howe, Kellogg, McCreery, Morrill of Maine, Morrill of Vermont, Patterson, Pomeroy, Pool, Pratt, Robertson, Saulsbury, Sawyer, Schurz, Scott, Sherman, Stockton, Thurman, Tipton, Trumbull, Warner, Willey37.

NAYS-Messrs. Boreman, Brownlow, Drake, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, Howell, McDonald, Morton, Nye, Osborn, Ramsey, Revels, Rice, Ross, Spencer, Stewart, Sumner, Thayer, Williams, Wilson, Yates-24.

Mr. Wilson's amendment as amended was agreed to-yeas 36, nays 23, as follow:

YEAS-Messrs. Abbott, Ames, Anthony, Brownlow, Buckingham, Carpenter, Casserly, Cole, Corbett, Davis, Edmunds, Ferry, Fowler, Hamilton of Maryland, Ham

Harlan, Howe, Kellogg, McCreery, Morrill of Maine, Morrill of Vermont, Patterson, Pomeroy, Pool, Pratt, Robertson, Saulsbury, Sawyer, Schurz, Scott, Sherman, Stockton, Thurman, Tipton, Warner, Willey-36.

NAYS-Messrs. Boreman, Drake, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, Howell, McDonald, Morton, Nye, Osborn, Revels, Rice, Ross, Spencer, Stewart, Sumner, Thayer, Trumbull, Williams, Wilson, Yates-23.

Mr. Wilson then moved to postpone the bill indefinitely; which was disagreed to—yeas 23, nays 39, as follow:

April 19-Mr. Wilson moved to strike out the Bingham proviso, and to insert, "That in conse-lin, quence of the failure of the general assembly of Georgia to effect a legal organization for a period of over eighteen months it be, and hereby is, declared that the term of service of the said general assembly as now organized shall date from the 26th of January, 1870, and shall continue until the persons to be chosen on the Tuesday after the 1st Monday of November, 1872, as members of the general assembly of said State, are qualified: Provided, That the last clause of the second subdivision of the first section of the third article of the constitution of Georgia, in the following words: 'The general assembly may by law change the time of election, and the members shall hold until their successors are elected and qualified,' shall never be by any legislature exercised so as to extend the term of any office beyond the regular period

Flanagan, Hamilton of Texas, Harris, Howard, Howell, YEAS-Messrs. Boreman, Chandler, Drake, Fenton, McDonald, Morton, Nye, Osborn, Ramsey, Revels, Rice, Spencer, Stewart, Sumner, Thayer, Williams, Wilson,

Yates-23.

NAYS-Messrs. Abbott, Ames, Anthony, Brownlow, Buckingham, Carpenter, Casserly, Cole. Corbett, Cragin, Davis, Edmunds, Ferry, Fowler, Hamilton of Maryland, Hamlin, Harlan, Howe, Kellogg, McCreery, Morrill of Maine, Morrill of Vermont, Patterson, Pomeroy, Pool, Pratt, Robertson, Ross, Saulsbury, Sawyer, Schurz,

Scott, Sherman, Stockton, Thurman, Tipton, Trumbull,
Warner, Willey-39.

Mr. Pomeroy moved further to amend by striking out all of the bill except the amendment just adopted; which was agreed to-yeas 38, nays 23, as follow:

YEAS-Messrs. Abbott, Ames, Anthony, Brownlow, Buckingham. Carpenter, Casserly, Cole, Corbett, Cragin, Davis, Drake, Edmunds, Ferry, Fowler, Hamilton of Maryland, Hamlin, Harlan, Howe, Kellogg, McCreery, Morrill of Maine, Morrill of Vermont. Patterson, Pomeroy, Pool, Pratt, Robertson, Saulsbury, Sawyer, Schurz, Scott, Sherman, Stockton, Tipton, Trumbull, Warner, Willey-38.

NAYS-Messrs. Boreman, Chandler, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, Howell, McDonald, Morton, Nye, Osborn, Ramsey, Revels, Rice, Ross, Spencer, Stewart, Sumner, Thayer, Williams, Wilson, Yates-23.

19th line; which was agreed to-yeas 32, nays
24, as follow:

YEAS-Messrs. Anthony, Boreman, Buckingham, Car-
penter, Casserly, Cole, Cragin, Davis, Edmunds, Ferry,
Fowler, Hamilton of Maryland. Hamlin, Harlan, Howe,
Howell Morrill of Maine. Morrill of Vermont, Pomeroy,
Pratt, Robertson, Saulsbury, Sawyer, Schurz, Scott,
Sherman, Stewart, Stockton, Thurman, Tipton, Trum-
bull, Willey-32
NATS-Messrs. Abbott, Ames, Brownlow, Chandler,
Corbett, Drake, Flanagan, Hamilton of Texas, Harris,
Howard, McDonald, Nye. Osborn, Pool, Ramsey, Revels,
Rice, Ross, Spencer, Sumner, Thayer, Warner, Wilson,
Yates-24.

Mr. Drake then asked and obtained consent to
withdraw the remainder of his amendment.
Mr. Drake then moved to amend by inserting
the following additional section:

SEC.. That whenever it shall appear to the President, from an application by the legislature of any State, or by the governor of such State when the legislature cannot be convened, that domestic violence prevails in any city, county.

Which was disagreed to-yeas 30, nays 31, a3 follow:

YEAS-Messrs. Abbott, Ames, Brownlow, Chandler, Cragin, Drake, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, Kellogg, McDonald, Morton, Nye, Osborn, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sherman, Spencer, Stewart, Sumner, Thayer, Warner, Wilson, Yates-30.

NAYS-Messrs. Anthony, Boreman, Buckingham, Carpenter, Casserly, Cole, Corbett, Davis, Edmunds, Ferry, Fowler, Hamilton of Maryland, Hamlin, Harlan, Howe, Howell, McCreery, Morrill of Maine, Morrill of Vermont, Pomeroy, Ross, Saulsbury, Sawyer, Schurz, Scott, Stockton, Thurman, Tipton, Trumbull, Willey,

Mr. Drake moved to add the following section: SEC. —. That whenever it shall appear to the President, from an application by the legislature of any State, or by the governor of such State when the legislature cannot be convened, that there exist in such State organizations or combi-or municipal organization in such State, tha nations of men engaged in the perpetration of shall be the duty of the President to suppress cannot be suppressed by the local authorities, it acts of violence against the persons or property such domestic violence; and for that purpose he of others, or in obstructing the due execution of is hereby authorized to suspend the privilege of the laws of such State, and that the government the writ of habeas corpus within the limits of of such State is unable to suppress the perpetra- such municipality, and to employ the military tion of such acts of violence or obstruction, the force of the United States, and any portion of the county or district wherein such organizations or militia of any State he may deem necessary, and combinations exist shall be considered as in a state to exercise all such powers and inflict such punof rebellion, and it shall be the duty of the Presi-ishment as may by the laws or the rules and dent to send into such county or district such num- articles of war be exercised or inflicted in caso ber of the troops of the United States as may be of insurrection or invasion. necessary for the suppression of such acts of violence or obstruction and the subjugation and dispersion of such organizations and combinations; and the officer commanding such troops, upon arriving in such county or district, shall declare martial law over the same, with suspension of the writ of habeas corpus, if such declaration and suspension be authorized by the President, and in that case shall take all measures known to martial law for the suppression of such organizations and combinations and the punishment of parties engaged therein, and shall hold and maintain military jurisdiction over all persons arrested by his order until their cases shall be finally disposed of; and shall proceed to levy upon and collect from the inhabitants of such county or district a sum of money sufficient to pay the expenses of the transportation of such troops from the point whence they were ordered to the point of their operations in such county or district, and all other expenses of his command, except pay and clothing, while such command shall be there stationed for the purpose aforesaid. And this section shall apply to any case where the President may have heretofore sent a military force into any State, upon the request of the legislature or governor thereof, for the suppression of domestic violence. And if the army of the United States shall be so stationed or employed as that it cannot, in the judgment of the President, be advantageously used for this service, he shall call out and organize a sufficient number of the militia of States which have not at any time been in armed hostility to the United States to accomplish such suppression; and the provisions of this section shall apply to the militia so called out and organized.

Mr. Hamlin moved to strike out all of this amendment after the word "combinations" in the

Williams-31.

at the suggestion of Mr. Sherman, as follows: The same section was again proposed, modified

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SEC. That whenever it shall appear to the President, from an application by the legislature of any State, or by the governor of such State when the legislature cannot be convened, that domestic violence prevails in any city, county, or municipal organization in such State, that cannot be suppressed by the local authorities, it shall be the duty of the President to suppress such domestic violence, and for that purpose he is hereby authorized to employ the military force of the United States, and any portion of the militia of any State he may deem necessary, and to exercise all such powers and inflict such punishment as may by the laws or the rules and articles of war be exercised or inflicted in case of insurrection or invasion.

Which was agreed to-yeas 32, nays 26, as follow:

ton, Flanagan, Hamilton of Texas, Hamlin, Harlan, YEAS-Messrs. Abbott, Ames, Chandler, Drake, FenHarris, Howard, McDonald, Morton, Nye, Osborn, Patterson, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Warner, Williams, Wilson, Yates-32.

NAYS-Messrs. Anthony, Boreman, Buckingham, Car

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Mr. Pomeroy moved to amend the preamble to read as follows:

July 19, 1867, until the admission of said State, by law, to representation in Congress; and for this purpose the State of Georgia shall constitute the third mixtary district.

SEC. 2. That in accordance with the provisions of, and under the powers and limitations Whereas great irregularities have been prac- provided in, said acts, an election shall be held ticed in the organization of the Legislature in in said State, commencing on the 15th of Nothe State of Georgia, both in its first organiza-vember, 1870, and continuing as the President tion and in the expulsion of certain members, as well also as in its reorganization since the act of December last: Therefore,

Which was agreed to.

Mr. Edmunds moved to insert at the end of Mr. Drake's amendment the words "but the provisions of this section shall not be construed to suspend the writ of habeas corpus."

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

YEAS-Messrs. Anthony, Buckingham, Carpenter, Casserly, Cole, Paris, Edmunds, Ferry, Fowler, Hamilton of Maryland, Hamlin, Howe, Howell, McCreery, Morrill of Maine. Morrill of Vermont, Patterson, Pomeroy, Ross, Saulsbury, Sawyer, Schurz, Scott, Stockton, Thurman, Tipton, Trumbull, Willey, Williams-29.

NAYS-Messrs. Abbott, Ames, Boreman, Chandler, Corbett, Cragin, Drake, Fenton, Flanagan, Hamilton of Texas, Harris, Howard, McDonald, Morton, Nye, Osborn, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Sherman, Spencer, Stewart, Sumner, Thayer, Warner, Wilson, Yates-30.

Mr. Pomeroy moved to insert the following

additional section:

may designate, for all the members of the general assembly of said State provided for in the constitution of said State, adopted by its convention on the 11th day of March, 1868; at which election all persons who by said constitution are electors shall be entitled to vote. And said general assembly so elected shall assemble at the capitol of said State, on Tuesday, the 13th day of December, 1870, and organize preparatory to the admission of the State to representation in Congress; and the powers and functions of the members of the existing general assembly shall cease and determine on the said 13th day of December, 1870.

SEC. 3. That whenever it shall appear to the President, from an application by the legislature of any State, or by the governor of such State when the legislature cannot be convened, that domestic violence prevails in any city, county, not be suppressed by the local authorities, it shall or municipal organization in such State, that canSEC. That so much of the act entitled "An domestic violence, and for that purpose he is herebe the duty of the President to suppress such act making appropriations for the support of the by authorized to employ the military force of the army for the year ending June 30, 1868, and for United States, and any portion of the militia of other purposes," approved March 2, 1867, as pro-any State he may deem necessary, and to exerhibits the organization, arming, or calling into service of the militia forces in the State of Georgia be, and the same is hereby, repealed.

Which was agreed to-yeas 48, nays 9, as follow:

YEAS-Messrs. Abbott, Ames, Anthony, Boreman, Buckingham, Carpenter, Chandler, Cole, Corbett, Drake, Edmunds, Fenton, Ferry, Flanagan, Hainilton of Texas. Harris, Howard, Howell, Kellogg, McDonald, Morrill of Maine, Morrill of Vermont. Morton, Nye. Osborn, Patterson, Pomeroy. Pool, Pratt, Ramsey, Revels, Rice. Robertson, Ross, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, Trumbull, Warner, Willey, Williams, Wilson, Yates-48.

NAYS-Messrs. Cisserly, Fowler, Hamilton of Maryland, Hamlin, Howe, McCreery, Saulsbury, Sawyer, Stockton-9.

The bill then passed-yeas 27, nays 25, as

follow:

YEAS-Messrs. Ames, Anthony, Buckingham, Carpenter, Cole, Corbett, Cragin, Edmunds, Ferry, Hamlin, Howe, Kellogg, Morrill of Maine, Morrill of Vermont, Patterson, Pomeroy, Pool, Pratt, Robertson, Ross, Sawyer, Schurz, Scott, Sherman, Tipton, Warner,

Willey-27.

NAYS-Messrs. Boreman, Chandler, Drake, Fenton, Flanagan, Fowler. Hamilton of Texas, Harris, Howard, Howell, McDonald, Morton, Nye, Osborn, Ramsey, Revels. Rice, Spencer, Stewart, Sumner, Thayer, Trumbull, Williams, Wilson, Yates-25.

cise all such powers and inflict such punishment as may by the laws or the rules and articles of war be exercised or infiicted in case of insurrection or invasion.

SEC. 4. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 1867, as prohibited the organization, arming, or calling into service of the militia forces in the State of Georgia be, and the same is hereby, repealed. IN HOUSE.

1870, June 24-Mr. B. F. Butler, from the Committee on Reconstruction, reported back the Senate amendment, with the recommendation that the bill previously reported by him be passed, with an addition to the 1st section, as follows: but nothing in this act shall be construed to deprive the people of Georgia of the right to elect members of the general assembly of said State in the year 1870, as provided in the constitution of said State; and also the following additional section:

SEC. 2. That so much of the act entitled "An act making appropriations for the support of the The bill, as finally passed, stood as follows: army for the year ending June 30, 1868, and for Whereas great irregularities have been prac- other purposes," approved March 2, 1867, as proticed in the organization of the legislature inhibits the organization, arming, or calling into the State of Georgia, both in its first organization and in the expulsion of certain members, as well also as in its reorganization since the act of December last: Therefore,

Be it enacted, &c., That the existing government in the State of Georgia is hereby declared to be provisional; and the same shall continue subject to the provisions of the acts of Congress of March 2, 1867, and March 23, 1867, and of

service of the militia forces in the States of Georgia, Mississippi, Texas, and Virginia, be, and the same is hereby, repealed.

Mr. Dawes moved to amend by substituting for the Senate amendment as follows:

SEC. 1. That the State of Georgia, having complied with the reconstruction acts, and the XIVth and XVth amendments to the Constitution of the United States having been ratified in good

faith by a legal legislature of said State, it is
hereby declared that the State of Georgia is enti-
tled to representation in the Congress of the
United States.
SEC. 2. That so much of the act entitled "An
act making appropriations for the support of the
army for the year ending June 30, 1868, and for
other purposes," approved March 2, 1867, as pro-
hibits the organization, arming, or calling into
service of the militia forces in the States of Geor-
gia, Mississippi, Texas, and Virginia, be, and the
same is hereby, repealed.

Mr. Farnsworth moved to amend Mr. Dawes's substitute by inserting at the end of the 1st section as follows:

But nothing in this act contained shall be construed to deprive the people of Georgia of the right to an election for members of the general assembly of said State in the year 1870, as provided for in the constitution of said State.

Mr. Dickey moved to amend Mr. Farnsworth's amendment by striking out the words "in the year 1870;" which was agreed to-ycas 122, nays 71, as follow:

YEAS-Messrs. Allison, Ambler, Ames, Armstrong, Arnell, Asper, Atwood, Bailey, Banks, Barry, Benjamin, Bennett, Benton, Boles, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burchard, Burdett, Benjamin F Butler, Cessna, Churchill, William T. Clark, Sidney Clarke, Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Cook, Covode, Cullom, Davis. Dawes, Degener, Dixon, Donley, Dyer, Ela, Ferriss, Ferry, Fisher, Fitch. Gilfillan, Hale, Hamilton, Harris, Hay, Hays, Heflin, Hill, Hoar, looper. Ingersoll. Alexander H. Jones, Judd, Julian, Kelley, Kelsey, Ketcham, Knapp, Lash, Lawrence, Logan, Loughridge. Maynard, McCrary, McKee, William Moore. Morphis, Daniel J. Morrell, Myers, Negley, Newsham, O'Neill, Packard, Packer, Paine, Palmer, Peck, Perce, Peters, Phelps, Platt, Poland, Pomeroy, Porter. Prosser, Roots. Sanford, Sargent, Sawyer, Scofield, Shanks, Lionel A. Sheldon, Porter Sheldon, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Strong, Taffe, Taylor, Tillman, Twichell, Tyner, Van Horn, Van Wyck, Wallace, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Wheeler. Whitmore, Wilkinson,

Williams, John T. Wilson-122.

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Amasa Cobb, Clinton L. Cobb, Coburn, Conger, Covode, Davis, Dawes, Degener, Dixon, Donley, Dyer, Ela, Fisher, Gilfillan, Hamilton, Harris, Hays, Heflin, Hill, Hoar, Hooper, Alexander H. Jones, Julian, Kelley, Kelsey, Knapp, Lash, Lawrence, Loughridge, Maynard, McCrary, McKee, William Moore, Morphis, Myers, 'Negley, Newsham, O'Neill, Palmer. Peck, P'erce, Phelps, Platt, Pomeroy. Porter. Prosser, Sanford. Sawyer, Scofield, Shanks, Porter Sheldon, William J Smith, WilStrickland, Taylor, Tillman, Twichell, Van Horn, Van liam Smyth, Stevens, Stevenson, Stokes, Stoughton, Wyck, Wallace. Ward, Welker, Wheeler, Whitmore, Wilkinson, John T. Wilson-90.

Mr. Lawrence moved to amend Mr. Dawes's substitute further by adding as follows:

SEC.. That the State of Georgia is admitted to representation in Congress as one of the States of the Union, upon the following fundamental conditions: 1st, that it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens; 2d, that the constitution of Georgia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State.

Which, on a division, was rejected—yeas 48, nays 74.

The amendment of Mr. Dawes was then substituted for the Senate amendment without a division-making the bill to stand as follows:

The State of Georgia having complied with the reconstruction acts, and the XIVth and XVth articles of amendments to the Constitution of the United States having been ratified in good faith by a legal legislature of said State, it is hereby declared that the State of Georgia is entitled to representation in the Congress of the United States. But nothing in this act contained shall be construed to deprive the people of Georgia of NAYS-Messrs. Adams. Archer, Axtell, Beaman, Beatty, the right to an election for members of the geneBeck, Biggs, Bingham, Bird, Blair, James Brooks, Burr, Calkin, Cleveland, Conner, Cox, Crebs, Dickinson, Dock-ral assembly of said State as provided for in the ery, Dox. Eldridge Farnsworth, Finkelnburg, Garfield, constitution thereof. Getz, Griswold, Haight, Haldeman, Hambleton, Hawkins, Holman Jenckes, Johnson, Thomas L. Jones, Kellogg, Knott, Laflin, Lewis, Marshall, Mayham, McCormick, Mc Kenzie, McNeely, Jesse II. Moore, Morgan, Morrissey, Mungen, Niblack, Orth, Potter, Reeves, Rice, Rogers, Schumaker, Sherrod, Shober, Slocum, John A. Smith, Joseph S. Smith, Stiles, Stone, Sweeney, Trimble, Upson, Van Auken, Van Trump, Wells, Eugene M. Wilson, Winans, Wood, Woodward-71.

Mr. Farnsworth's amendment, as amended, was then agreed to-yeas 98, nays 90, as follow: YEAS-Messrs. Adams, Allison, Ambler, Archer, Axtell, Beaman, Beatty, Beck. Benjamin, Bingham, Bird, Blair, Booker, James Brooks, Burchard, Burr, Calkin, Cleveland, Conner, Cook, Crebs, Cullom, Dickinson, Dockery, Dox, Eldridge, Farnsworth, Ferris, Ferry, Finkelnburg, Fitch, Garfield, Getz, Griswold, Haight. Haldeman, Hale, Hambleton, Hawkins, Hay, Holman, Ingerso:1. Jenckes, Johnson, Thomas L. Jones. Judd, Kellogg, Ketcham, Knott, Laflin, Lewis, Logan, Marshal, Mayham. McCormick, McKenzie, McNeely, Jesse II. Moore, Morgan, Daniel J. Morrell, Morrissey, Mungen, Niblack, Orth, Packard, Paine, Peters, Poland, Potter, Reeres, Rice, Rogers, Sargent, Schumaker, Sherrod, Shober, Slocum, John A. Smith, Joseph S. Smith, Starkweather, Sils, Sone. Strong, Sweeney, Taffe, Trimble, Tyner, Upson, Van Auken, Vun Trump, Cadwalder C. Washburn, William B. Washburn, Wells, Williams, Eugene M. Wilson, Winans, Wood, Woodward-98.

NAYS-Messrs. Ames, Armstrong, Arnell, Asper, Atwood, Bailey.Barry, Bennett, Benton, Boles, G. M.Brooks, Buck, Buckley, Buffinton, Burdett, Benjamin F. Butler, Cessna, Churchill, William T. Clark, Sidney Clarke,

SEC. 2. That so much of the act entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, as prohibits the organization, arming, or calling into service of the militia forces in the States of Georgia, Mississippi, Texas, and Virginia, be, and the same is hereby, repealed.

IN SENATE.

non-concurred in, and a committee of conference July 8.-The amendments of the House were asked, by the following vote:

YEAS-Messrs. Abbott, Bayard, Buckingham, Carpenter, Casserly, Cole, Conkling, Corbett, Cragin, Fowler, Hamilton of Maryland, Hamlin, Harlan, Harris, Howe, Johnston, Kellogg, McCreery, Morrill of Vermont, Patterson, Pomeroy, Pratt, Ross. Saulsbury, Sawyer, Schurz, Scott, Sprague, Sockton, Thurman, Trumbull. Warner, Willey, Wilson-34.

NAYS-Messrs. Ames, Boreman, Cameron, Chandler, Drake, Gilbert, Hamilton of Texas, Ioward, Howell. Lewis, Morton, Nye, Pool, Ramsey, Rice, Robertson, Spencer, Stewart, Sumner, Thayer, Williams, Yates-22.

Messrs. Howard, Hamlin, and Thurman were Senate, and Messrs. B. F. Butler, Farnsworth, appointed such committee on the part of the and Paine on the part of the House, who reported the bill as passed above.

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