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J9ar?iwm,Beaman, Benjamin, Benton, Blackburn, Blaine, Blair, Boydon, Boyer,JBrooks,Broom&\\, Buckley, Call is, Chanter, Churchill, Reader W. Clarke, Sidney Clarke, CHft, Corley, Cornell, Cullom. Dawes, Delano, Dixon, Dodge, Driggs, Eckley, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Garfield, Getz, Glossbrenner, G-ove, Oris wold, Halsey, Harding, Heaton, Higby, Hill, Hooper, Hotchkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, Alexander H..Jones, Judd, Julian, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, Lynch, Marvin, Maynard, McKee, Mercur, Miller, Moore, Moorhead, Morreil, Mullins, Myers, Newcomb, Newsham, Norris, O'Neill, Paine, Perham, Peters, Pettis, Phelps,- Plants, Poland, Pomeroy, Price, Raum, Robertson, Robinson, Roots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Spalding, Starkweather, Stewart, Stover, Taber, Taylor, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, James F. Wilson, Windom—121.

Nays—Messrs. Archer, Baker, Beatty, Beck, Bowen, Bromwell, Burr, Benjamin F. Butler, Roderick R. Butler, Cake, Cobb, Coburn, Cook, Covode, Deweese, Donnelly, Eggleston, Ela, Eldridye,Fa,ria.s\vorth,Fox, French, Golladay, Goss, Grover, Haight, Hawkins, Holman, Hopkins, Humphrey, Hunter, Ingersol'l, Johnson, Thomas L. Jones, Kelley, Kerr, Knott, William Lawrence, Loughridge, Marshall, McCormick, Mungen, Niblack, Nunn, Orth, Pike, Ross, Shanks, Stevens, Stokes, Stone, Tpife, Thomas, Tift, Van Trump, Henry D. Washburn, William Williams, John T. Wilson, Wood, Young—GO.

Pending the passage,

Mr. Niblack moved to strike out the first section, which was lost—yeas 54, nays 130, (not voting 38,) as follow:

Yeas—Messrs. Archer, Baker, Barnes, Beatty, Beck, Bowen, Burr, Roderick R. Butler, Cobb, Coburn, Deweese, Donnelly, Eggleston, Ela, Eldridge, Farnsworth, Fox, Getz, Golladay, Goss, Gravely, Grover, Haight, Hawkins, Holman, Hopkins, Humphrey, Hunter, Ingersoll, Johnson, Thomas L. Jones., Kerr, Knott, Loan, Marshall, McCormick, Mungen, Niblack, Orth, Pike, Pruyn, Ross, Shanks, Stevens, Stokes, Stone, Taffe, Tift, Van Auken, Van Trump, Henry D. Washburn, John T. Wilson, Wood, Young—54.

Nays—Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, Barnum, Beaman, Benjamin, Benton, Bingham, Blackburn, Blaine, Blair, Boutwell, Boyden, Boyer, Bromwell, Brooks, Broomall, Buckley, Cake, Chanler, Churchill, Reader W. Clarice, Sidney Clarke, Clift, Corley, Cornell, Covode, Cullom, Delano. Dickey, Dixon, Dockery, Dodge, Driggs, Eckley, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Glossbrenner, Gove, Griswold, Halsey, Harding, Heaton, Higby, Hill, Hooper, Hotchkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg,,Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Logan, Lynch, Mallory,Marvin, Maynard, McKee, Mercur, Miller, Moore, Mborhead, Mullins, Myers, Newsham, Norris, O'Neill, Paine, Perham, Peters, Pettis, Phelps, Pierce, Pile, Plants, Poland, Pomeroy, Price, Prince,'Raum, Robertson, Roots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Spalding, Starkweather, Stewart, Stover, Taber, Taylor, Thomas, Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Ward, Cadwalader C.Washburn, William B.Washburn, WTelker, Whittemore, Thomas Williams, William Williams, James F. Wilson, Windom—130.

Mr. Allison moved to strike out the second section, which was lost—yeas 72, nays 100, (not voting 50,) as follow:

Yeas—Messrs. Allison, Baker, Beatty, Beck, Benton, Bowen, Bromwell, Benjamin F. Butler, Cake, Clift, Cobb, Coburn, Cook, Cornell, CullonvDeweese, Dickey, Donnelly, Eckley, Ela, Eldridge, Farnsworth, Ferriss, Ferry, Fox, Golladay, Goss, Gravely, Hawkins, Holman, Hooper, Hopkins, Hunter, Ingersoll, Kelley, Kelsey, Knott, Koontz, William Lawrence, Loan, Loughridge, Lynch, Maynard, Miller, Moore. Morrell, Mullins, Mungen, Myers, Niblack, Nunn, O'Neill, Orth, Peters, Robertson, Ross, Sawyer, Shanks, Shellabarger, Smith, Stevens, Stokes, Taffe, Thomas, Tift, Upson, Van Trump, Henry D. Washburn, Thomas Williams, William Williams, John T. Wilson, Young—72.

Nays—Messrs. Ames, Anderson, Archer, Arnell, Delos R. Ashley7, James M. Ashley, Axtell, Baldwin, Banks,

Barnes, Barnum, Beaman, Benjamin, Blackburn, Blair, Boyden, Boyer, Brooks, Broomall, Buckley, Roderick R. Butler, Callis, Chanler, Churchill, Reader W. Clarke, Corley, Covode, Dawes, Delano, Dixon, Dodge, Driggs, Edwards, Thomas D. Eliot, James T. Elliott, Fields, Getz, Glossbrenner, Gove, Griswold, Grovcr, Haight, Halsey, Harding, Heaton, Hotchkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, Johnson, Alexander H. Jones* Thomas L. Jones, Judd, Julian, Kerr, Ketcham, Kitchen, Laflin, Lash, George V. Lawrence, Mallory, Marvin, McCormick, McKee, Mercur, Moorhead, Newsham, Norris, Paine, Perham, Phelps, Pierce, Pike, Plants, Poland, Pomeroy, Price, Pruyn, Raum, Schenck, Scofield, Spalding, Starkweather, Stewart, Stone, Stover, Taber, Taylor, Trowbridge, Twichell, Van Aernam, Van Auken, Burt Van Horn, Hamilton, Ward, William B. Washburn, Welker, Whittemore, James F. Wilson, Wood—100.

In Senate.

February 26—The bill was reported back from the Committee on Finance, amended so as to read as follows:

An Act relating to the public debt.

Be it enacted, &c, That in order to remove any doubt as to the purpose of the Government to discharge all just obligations to the public creditors, and to settle conflicting questions and interpretations of the laws by virtue of which such obligations have l»een contracted, it is hereby provided and declared, that the faith of the United States is solemnly pledged to the payment in coin, or its equivalent, of all the obligaions of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver.

Sec. 2. That any contract hereafter made specifically payable in coin, and the consideration of which may be a loan of coin, or a sale of property, or the rendering of labor or service of any kind, the price, of which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its terms.

February 21—Mr. Henderson moved to amend the .first clause of the second section by making it read as follow:

That any'contract hereafter made specifically payable in coin shall be legal and valid, and may be enforced according to its terms.

Which was not agreed to—yeas 10, nays 35, as follow:

Yeas—Messrs. Cole, Conkling, Corbetc, Dixon, Fessenden, Henderson, Pomeroy, Ross, Stewart, Trumbull—10. .

Nays—Messrs. Abbott, Anthony, Cameron, Cattell, Chandler, Conness, Cragin, Davis, Doolittle, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howe, Kellogg, McCr&ery, McDonald, Morgan, Morrill of Vermont, Morton, Nye, Osborn, Patterson of New Hampshire, Ramsey, Rice, Sawyer, Sherman. Sumner, Thayer, Wade, Welch, Willey, Williams, Wilson—35.

Mr. Bayard moved to strike out the second section, which was not agreed to—yeas 7, nays 36, as follow:

Yeas—Messrs. Chandler, Cole, Davis, Doolittle, Fowler, Howe. Wade—7.

Nays—Messrs. Abbott, Anthony, Cameron, Cattell, Conkling, Conness, Corbett, Cragin, Dixon, Drake. Edmunds, Ferry, Fessenden, Frelinghuysen, liarlan, Kellogg, McCreery, McDonald, Morgan, Morrill of Vermont, Morton, Nye, Osborn, Patterson of .New Hampshire, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Trumbull, Welch, Willey, Williams, Wilson—36.

Mr. Henderson moved to amend the first section so as to make it read as follows:

That it is hereby provided and declared that the fa^fth of the United States is solemnly pledged to an early resumption of specie payment by the Government in order that conflicting questions touching the mode of discharging the public indebtedness may be settled and that the same may be paid in gold.

Which was not agreed to—yeas 8, nays 34, as follow:

Yeas—Messrs. Cole, Davis, Henderson, Morton, Pomeroy, Robertson, Ross, Spencer—8.

Jnays—Anthony, Cattell, Conkling, Conness, Corbett, Cragin, Dixon, Edmunds, Ferry, Fessenden, Frelinghuysen, Grimes, Harlan, Harris, Howard, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson of New Hampshire, Sawyer, Sherman, Stewart, Sumner, Thayer, Tipton, Wade, Warner, Welch, Willey, Williams, Wilson—34.

The bill, as amended by the report of the Committee on Finance, was then passed—yeas 30, nays 16, as follow:

Yeas—Messrs. Abbott, Cattell, Conkling, Conness, Corbett, Cragin, Dixon, Edmunds, Ferry, Fessenden, Frelinghuysen, Grimes, Harlan, Harris, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Robertson, Sawyer, Sherman, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Wilson—30.

Nays—Messrs. Cole, Davis, Doolittle, Fowler, Henderson, Hendricks, McCreery, McDonald, Morton, Osborn, Patterson of Tennessee, Pomeroy, Ross, Spencer, Wade, Welch—16.

The title was amended so as to read "An act in relation to the public debt."

March 2—The House non-concurred in the amendments of the Senate, and a committee of conference (Messrs. Schenck, Allison, and Niblack) appointed.

Same day—The Senate insisted on its amendments, and appointed Messrs. Sherman, Williams, and Morton a conference committee.

March 3—The committee reported the following bill:

An Act to strengthen the public credit, and relating to contracts for the payment of coin. Be it enacted, <&c, That in order to remove any doubt as to the purpose of the Government to discharge all just obligations to the public creditors, and to settle conflicting questions and interpretations of the law3 by virtue of which such obligations have been contracted, it is hereby provided and declared, that the faith of the United States is solemnly pledged to the payment in coin, or its equivalent, of all the obligations of the United States not bearing interest, known as United States notes, and of all the interest-bearing obligations of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver. But none of said interest-bearing obligations not already due shall be redeemed or paid before maturity, unless at such time United States notes shall be convertible into coin at the option of the holder, or unless at such time bonds of the United States bearing a lower rate of interest than the bonds to be redeemed can be sold at par in coin. And the United States also solemnly pledges its faith to make provision at the earliest practica

ble period for the redemption of the United States notes in coin.

Sec. 2. That any contract hereafter made specifically payable in coin, and the consideration of which may be a loan of coin, or a sale of property, or the rendering of labor or service of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its terms; and on the trial of a suit brought for the enforcement of any such contract, proof of the real consideration may be given.

Same day—The Senate agreed to the report— yeas 31, nays 24, as follow:

Yeas—Messrs. Abbott, Anthony, Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Dixon, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harris, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Ramsey, Sherman, Stewart, Sumner, Trumbull, Van Winkle, Warner, Willey, Williams—3 L.

Nats—Messrs. Bayard, Buclcalew, Cole, Davis, Doolittle, Fowler, Hendricks, Kellogg, McCreery, McDonald, Morton, Norton, Osborn, Patterson of Tennessee, Robertson, Ross, Sawyer, Spencer, Sprague, Thayer, Tipton, Vickers, Wade, Whyte—24:.

Same day—The House adopted the report— yeas 117, nays 59, (not voting 48,) as follow:

Yeas—Messrs. Allison, Ames, Arnell, Delos R. Ashley, James M. Ashley, Axtell, Bailey, Barnes, Barnum, Beaman, Benjamin, Benton, Bingham, Blair, Boutwell, Bowen, Boyden, Brooks, Broomall, Buckley, Cake, Callis, Chanler, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Cullom, Dawes,.Dickey, Dixon, Dodge, Eckley, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Garfield, Gove, Griswold, Halsey, Haughey, Heaton, Higby, Hill, Hooper, Hotchkiss, Richard D. 'Hubbard, Hulburd, Jenckes, Alexander H. Jones, Judd, Julian, Kellogg, Kelsey, Ketcham, Lafiin, Lash, George V. Lawrence, Lincoln, Logan, Lynch, Maliory, Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newsham, Norris, O'Neill, Paine, Perham, Peters, Phelps, Pile, Plants, Poland, Price, Prince, Raum, Robertson, Robinson, Roots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Starkweather, Stevens, Stewart, Stover, Sypher, Taber, Taylor, Trowbridge, Twichell, Upson, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, James F. Wilson, Woodbridge—117.

Nays—Messrs. Adams, Archer, Baker, Beatty, Beck, Boyer, Bromwell, Burr, Benjamin F- Butler, Roderick R. Butler, Cary, Cobb, Coburn, Cook, Deweese, Dockery, Donnelly, Eggleston, Eldridge, Farnsworth, Getz, Golladay, Goss, Haight, Harding, Hawkins, Holman, Hopkins, Hunter, Ingersoll, Johnson, Thomas L. Jones, Kerr, Knott, William Lawrence, Marshall, McCormick, McCullough, Mungen, Niblack, Orth, Pruyn, Randall, Ross, Shanks, Sitgreaves, Stone, Thomas, Tift, Trimble, Van Aernam, Van Auken, Van Trump, Henry D. Washburn, William Williams, Stephen F. Wilson, Wood, Woodward, Young—59.

The President (Johnson) "pocketed" the bill.

[For other votes on this subject in first session,

Forty-First Congress, see a subsequent chapter.]

TENUBE-OF-OFFICE ACT.

Fortieth Congress, Third Session.

In House. 1869, January 11—A bill to repeal an act regulating the tenure of certain civil offices, passed March 2, 1867 * was introduced by Mr. H. D. Washburn, and read a first and second time. The previous question on the engrossment of the

* For copy of the act, and votes on passage, see Political Manual for 1867, pp.50, 51; and Hand Book of Politics, pp. 176,177.

bill was ordered—yeas 116, nays 47; and the bill was ordered engrossed, and was read a third time. It was then passed—yeas 121, nays 47, not voting 53, as follow:

Yeas—Messrs. Allison, Anderson, Axtell, Bailey, Baldwin, Banks, Barnum, Beaman, Beck, Bingham, Blaine, Blair, Bontwell, Bowen, Boydcn, Buckley, Burr, Benjamin F. Butler, Roderick R. Butler, Callis, Gary, Chanler, Reader W. Clarke, Sidney Clarke,.Clii't, Cobb, Coburn, Cook, Corley, Cornel], Cullom, Dawes, Dcweese, Dixon, Driggs, Eckley, Eldridge, Thomas D. Eliot, Fields, Fox, Getz, Glossbrenner, Golladay, Goss, Gove, Griswold, Ghrov.er, Haight, Halsey, Haughey, Heaton, Hooper, Hopkins, Hotchkiss, Humphrey, Hunter, Ingersoll, Johnson, Alexander H. Jones, Thomas L. Jones, Judd, Julian, Kelley, Kellogg, Kerr, Ketcham, Knott, Lash, George V. Lawrence, Lincoln, Loughridge, Mallory, Marvin, McCormick, McOullough, Miller, Mungen, Newcomb, Niblack, Nicholson, Norris, O'Neill, Paine, Peters, Pettis, Phelps, Plants, Price, Prince, Robertson, Robinson, Roots, Sawyer, Scofield, Sitgreaves, Spalding, Starkweather, Stevens, Stewart, Stone, Stover, Sypher, Tabcr, Thomas, Tift, Trimble, Trowbridge^ Twichell, Van Auken, Van Trump, Vidal, Ellihu B. Washburne, Henry D. Washburn, William Williams, James F. WTilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, Woodward, Young—-121.

Nays—Messrs. Ames, Arnell, Delos R. Ashley, Baker, Beatty, Benjamin, Benton, Boles, Bromwell, Buckland, Churchill, Delano, Ela, Farnsworth, Ferriss, French, Garfield, Harding, Higby, Jenckes, Kelsey, Kitchen, Lafiin, Maynard, McCarthy, McKee, Mercur, Moore, Moorl ead^Mffrrell, Mullins, Newsham, Perham, Pike, Poland, Polsley, Pomeroy, Schenck, Shanks, Shellabarger, Stokes, Taffe, John Trimble, Upson, Ward, Welker, Whittemore—47.

Not Voting—Messrs. Adams, Archer, James M. Ashley, Barnes, Blackburn, Boyer, Brooks, Broomall, Cake, Covode, Dickey, Doekery, Dodge, Donnelly, Edwards, Eggleston, Ferry, Gravely, Hamilton, Hawkins, Hill, Hblman, Asahel W. Hubbard, Chester D. Hubbard, Richard D. Hubbard, Hulbtird, Koontz, William Lawrence, Loan, Logan, Lynch, Marshall, Morrissey, Myers, Nunn, Orth, Pierce, Pile, Pruyn, Randall, Raum, Ross, Selye, Smith, Taylor, Van'Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyck, Cadwalader C. Washburn, William B. Washburn, Thomas Williams, Wood— 53.

In Senate.

No direct vote was reached on the above bill in thefSenate. And pending the legislative appropriation bill—;

March 2—Mr. Morton moved as an additional section the House repealing bill.

Mr. Sumner offered the following substitute for that amendment:

That the first section of the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, is hereby amended so as to read as follows: "That every person holding any<civil office to which he has been appointed by and with the advice and consent of the Senate, ■and every person who shall hereafter be appointed to any such office and shall become duly qualified to act therein, is and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided.

"Sec. —. That the second section of such act is hereby amended so as to read as follows: That it shall be lawful for the President, whenever, during a recess of the Senate, in his opinion the public good shall require it, to suspend any officer appointed as aforesaid, excepting judges of the United States courts, and to designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the matter shall be acted upon by the Senate; and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed

to fill such office; and in case of such suspension, it shall be the duty of the President, within twenty days after the first day of sucti next meeting of the Senate, to report to the Senate such suspension, with the name of the person so designated to perform the duties of such office; and if the Senate shall concur in such suspension, and advise and consent to the removal of such officer, they shall so certify to the President, who may thereupon remove such officer, and, by and with the advice and consent of the Senate, appoint another person to such office; but if the Senate shall refuse to concur in such suspension the officer so suspended shall forthwith resume the functions of his office, and the powers of the person so performing its duties in his stead shall cease; and the official salary and emoluments of such officer shall during such suspension belong to the person so performing the duties thereof and not to the officer so suspended": Provided, however, that the President may, in his discretion, before reporting such suspension to the Senate as above provided, revoke the same, and reinstate such officer in the performance of the duties of his office.

"Sec. —. That no person shall hold nor shall he receive salary or compensation for performing the duties of more than one office or place of trust or profit under the Constitution or laws of the United States at the same time, whether such office or place be-civil, military, or naval; and any person holding any such office or place who shall accept or hold any other office or place of trust or profit under :the Constitution or laws of the United States shall be deemed to have vacated the office or place which he held at the time of such acceptance.

"sec.—. That nothing in the foregoing section shall be construed to prevent such designations or appointments of officers to perform temporarily the duties of other officers as are or may be authorized by law, nor to prevent such appointments or designations to office or duty as are required by law to be made from the army or navy.

"sec. —. That the penalties provided in the act to which this is an amendment shall apply to violations of this act.

Which was not agreed to—yeas 17, nays 32, as follow:

Yeas—Messrs. Chandler, Conkling, Cragin, Harlan, Harris, Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Ramsey, Sawyer, Spragiie, Sumner, Welch, Willey, Williams—17.

Nays—Messrs. Abbott, Cameron, Cattell, Cole, Conness, Corbett, Dixon, Drake, Ferry, Frelinghuysen, Grimes, Henderson, McDonald, Morgan, Morton, Nye, Osborn, Pomeroy, Pool, Robertson, Ross, Sherman, Spencer, Thayer, Tipton, Trumbull, Van Winkle, Vickers, Wade, Warner, Whyte, Wilson—32.

The amendment offered by Mr. Morton was then disagreed to—yeas 22, nays 26, as follow:

Yeas—Messrs. Cole, Conness, Dixon, Drake, Grimes, Henderson, Kellogg, McDonald, Morgan, Morton, Osborn, Pomeroy, Pool, Ramsey, Robertson, Ross, Sherman, Thayer, Van Winkle, Vickers, Warner. Whyte—22.

Nays—Messrs. Abbott, Anthony, Cameron, Chandler, Corbett, Cragin, Ferry, Frelinghuysen, Harlan, Harris, Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Sawyer, Spencer, Sprague, Sumner, Tipton, Trumbull, Wade, Welch, Willey, Williams, Wilson—26.

[For further votes on this subject, see a subsequent chapter.]

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A Resolution proposing an amendment to the I Constitution of the United States. Resolved by the Senate and House of Represedatives of the United States of America in Congress assembled, (two-thirds of both houses concurring,) That the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely:

ARTICLE XV.

Sec- 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude-.

Sec. 2. The Congress shall have power to en-
force this article by appropriate legislation.
Schuyler Colfax,
Speaker of the House of Representatives.

B. F. Wade,
President of the Senate pro tempore.
Attest:

Elwd. Mcpherson,

Clerk of House of Representatives.
Geo. C. Gorham,

Secretary of Senate United States.

The Final Vote

In Senate. 1869, February 26—The report of the committee of conference, recommending the passage of the amendment as printed above was agreed to—yeas 39, nays 13, as follow:

Yeas—Messrs. Anthony, Cattell, Chandler, Cole, Conkling, Conness, Crag in, Drake, Ferry. Fessenden, Frelinghuysen, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Morgan, Morrill of Maine, Morrill of Ver* mont, Morton, Nye, Osborn, Patterson of New Hampshire, Ramsey, Rice, Robertson, Sherman, Stewart, Thayer. Tipton, Trumbull, Van Winkle, Wade, Warner, Welch, Willey, Williams, Wilson—39.

Nays—Messrs. Bayard, Bvxkalew, Davis, Dixon, Doolittle, Fowler, Hendricks, McCreery, Norton, Patterson of Tennessee, Pool, Vickers, Whyte—13.

February 25—The House concurred—yeas 144, nays 44, (not voting 35,) as follow:

Yea^—Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Boutwelf, Bowen, Boyden, Bromwell, Broomall, Buckley, Benjamin F. Butler, Roderick R. Butler, Callis, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Cornell, Covode, Cullom, Dawes, Dickey, Dodge, Donnelly, Driggs, Eekley, Kggleston, Ela, Thomas D. Eliot, James T. Elliott, Farnsworth, Ferriss, Ferry, Fields, French, Garfield, Goss, Gove, Grravely, Griswold, Hamilton, Harding, Haughey, Heaton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, xllexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, William Lawrence, Logan, Lynch, Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newsham, Norris, Nunn, O'Neill, Orth,

Paine, Perham, Peters, Pettis, Pike, Plants, Poland, Pomeroy, Price, Prince, Raum, Robertson, Roots, Sawyer, Scofi'eld, Shanks, Shellabarger, Smith, Spalding, Starkweather, Stevens, Stewart, Stokes, Stover, Taffe, Thomas, Trimble, Trowbridge, Twiohell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, CadwalderC. Washburn, Henry D. Washburn, William B. Washburn, Weaker, Whittemore, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Windom, Mr. Speaker Colfax—144..

Nays—Messrs. Archer, Axtell, Barnes, Beck, Boyer, Brooks, Burr, Gary, Chanler, Eldridge, Fox, Getz, Glossbrenner, Golladay, Grover, Haight, Hawkins, Holman, Hotchkiss, Richard D. Hubbard, Humphrey, Johnson, Thomas L. Jones, Kerr, Knott, Loughridge, Mallory, Marshall, McCormick, McCullough, Mungen, Niblack; Nicholson, Phelps, Pruyn, Robinson, Ross, Stone, Taber, Van Auken, Van Trump, Wood, Woodward, Young—44.

This subject engaged a large share of attention during the third session of the Fortieth Congress. The various votes and proceedings, upon it are subjoined in the order of the date of occurrence.

The House Joint Resolution, (H. R. 402.)

In House.

1869, January 30—The House passed the amendment in these words: Joint Resolution proposing an amendment to the Constitution of the United States.

Be it resolved by the Senate, and House oj Representatives of the United States of America in Congress assembled, (two-thirds of both houses concurring,) That the following article be proposed to the legislatures of the several States as. an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be held as part of said Constitution, namely:

ARTICLE —

Sec. 1. The right of any citizen of the United States to vote shall not be denied or abridged by the United States or any State by reason of race, color, or previous condition of slavery of any citizen or class of citizens of the United States.

Sec. 2. The Congress shall have power to enforce by appropriate legislation the provisions of this article.

The vote was yeaS 150, nays 42, not voting 31, as follow:

Yeas—Messrs. Allison, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Blackburn, Blaine, Blair, Boles, Boutwell, Boweri, Boyden, Bromwell, Broomall, Buckland, Buckley, Benjamin F.. Butler, Cake, Callis, Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, Dawes, Delano, Deweese, Dockery, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas' D. Eliot, James T. Elliott, Farnsworth, Ferries, Ferry, Fields, French, Garfield, Goss, Gove, Gravely, GriswTold, Halsey, Hamilton, Harding, Haughey, Heaton, Higby, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Koontz, Laflin, Lash, George V. Lawrrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marvin, Maynard, McKee, Mercur, Miller, "Moore, Moorhead, Morrell, Mullins, Myers, Newcomb, Newsham, Norris, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pierce, Pike, Pile, Plants, Poland, Price, Prince, Raum, Robertson, Roots, Sawyer, Scofield, Selye, Shanks, Shellabarger, Smith, Spalding, Starkweather, Stewart, Stokes, Stover, Taffe, Taylor, Thomas, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, and Mr. Speaker Colfax —150.

Nays—Messrs. Archer, Axtell, Baker, Barnum, Beck, Bingham, Boyer, Brooks, Burr, Cary - Chanler, Fox, Oetz, Golladay, Grover, Haight, Hawkins, Hotchkiss, Humphrey, Johnson, Thomas L. Jones, Kerr, Knott, Marshall, McCormick, Mungen, Niblack, Nicholson, Phelps, Polsley, Pruyn, Randall, Robinson, Ross, Sitgreaves, Stone, Taber, Tift, Van Auken, Van Trump, Woodward, Young—42.

Jaot Voting—Messrs. Adams, Ames, Anderson, Barnes, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Eldridge, Glossbrenner, Hill, Holman. Asahel W. Hubbard, Richard D.Hubbard, Ingersoll, Kitchen, Mallory, McCarthy, McCullough, Morrissey, Pettis, Pomeroy, Schenck, Stevens, Svpher, Lawrence S. Trimble, Vidal, Ellihu B. Washburne, Wood, Woodbridge--31.

The Previous Votes.

Same day—An amendment by Mr. Bingham, and an amendment to the amendment by Mr, Shellabarger pending, the House voted as follows upon them:

Mr. Bingham's amendment was to substitute the following for the first section of the said joint resolution:

No State shall make or enforce any law which shall abridge or deny to any male citizen of the United States of sound mind and twenty-one years of age or upward the exercise of the elective franchise at all elections in the State wherein he shall have actually resided for a period of one year next preceding such election, (subject to such registration laws and laws prescribing local residence as the State may enact,) except such of said citizens as shall engage in rebellion or insurrection, or who may have been, or shall be, duly convicted of treason or other infamous crimes.

Mr. Shellabarger's amendment to the amendment was to strike out the above, and insert what follows:

No State shall make or enforce any law which shall deny or abridge to any male citizen of the United States of the age of twenty-one years or over, and who is of sound mind, an equal vote at all elections in the State in which he shall have such actual residence as shall be prescribed by law, except to such as have engaged or may hereafter engage in insurrection or rebellion against the United States, and to such as shall be duly convicted of treason, felony, or other infamous crime.

Mr. Shellabarger's amendment to the amendment was disagreed to—yeas 62, nays 125, not voting 35, as follow:

Yeas—Messrs. Delos R. Ashley, Baldwin, Beamcn, Beatty, Benton, Boles, Bowen, Broomall, Buckland, Cake, Gift, Cobb. Coburn, Cullom, Dawes, Delano, Eckley, Eggleston, Ela, James T. Elliott, French, Gravely, Hamilton^ Hawkins, Hooper, Chester D. Hubbard, Judd, Julian, Kelley, Kelsey, George V.Lawrence, William Lawrence, Loan, Logan, Maynard, Mullins, Newsham, Norris, O'Neill, Orth, Paine, Plants, Polsley, Price, Prince, Sawyer, Schenck, Scofield, Shanks, Shellabarger, Starkweather, Stokes, Sypher, Twichell, Robert T. Van Horn, Ward, Cadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams—62.

Nays—Messrs. Allison, Archer, Arnell, James M.Ash

ley, Axtell, Bailey, Baker, Banks, Barnum, Beck, Benjamin, Bingham, Blaine, Blair, Boutwell, Boyd en. Boyer, Bromwell, Brooks, Burr, Benjamin F. Butler,' Callis, Cary, Chanler, Churchill, Sidney Clarke, Cook, Corley, Covode, Deweese, Dockery, Dodge, Donnelly, Driggs, Edwards, Eldridge, Thomas D. Eliot, Ferriss, Ferry, Fields, Fox, Garfield, Getz, Golladay, Goss, Gove, Griswold, Grover, Haight, Halsey, Harding, Haughey, Heaton, Higby, Hopkins, Hotchkiss, Hulburd, Humphrey, Hunter, Jenckes, Johnson, Alexander H.Jones, Thomas L. Jones, Kerr, Ketcham, Knott, Koontz, Laflin, Lash, Lincoln, Loughridge, Marshall, Marvin, McCormick, McCullough, McKee, Mercur, Miller, Moore, Morrell, Mungen, Myers, Newcomb, Niblack, Nicholson, Nunn, Perham, Peters, Phelps, Pierce, Pike, Pile, Poland, Pruyn, Randall, Raum, Robertson, Robinson, Roots, Ross, Sitgreaves, Smith, Spalding, Stewart, Stone, Stover, Taber, Taffe, Taylor, Thomas, Tift, John Trimble, Trowbridge, Upson, Van Aernam, Van Auken. Burt Van Horn, Van Trump, Van Wyck, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, Woodward, Young—128.

Not Voting—Messrs. Ada?ns, Ames, Anderson, Barnes, Blackburn, Buckley, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Farnsworth, Glossbrenner, Hill, Holman, Asahel W. Hubbard, Richard D. Hubbard, Ingersoll, Kellogg, Kitchen, Lynch, Mallo^y, McCarthy, Moorhead, Morrissey, Pettis, Pomeroy,'Selye, Stevens, Lawrence S. Trimble, Vidal, Ellihu B. Washburne, William Williams, James F. Wilson, Wood—35.

The amendment of Mr. Bingham was then disagreed to—yeas 24, nays 160, not voting 38, as follow:

Yeas—Messrs. Axtell, Baker, Bingham, Brooks, Deweese, Dockery, Eldridge, Garfield, Haight, Heaton, Hotchkiss, Alexander H. Jones, McCullough, Phelps, Plants, Robinson, Ross, Spalding, Stewart, Stone, Tift, John T. Wilson, Woodward, Young—-24.

Nays—Messrs. Allison,Arnell,Delos R.Ashley,James M. Ashley, Bailey, Banks, Beaman, Beatty, Beck, Benjamin, Benton, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Boyer, Bromwell, Broomall, Buckland, Buckley, Burr, Benjamin F. Butler, Cake, Callis, Cary, Chanler, Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, Corley, Covode, Cullom, Dawes, Delano, Donnelly, Driggs,Eckley, Eggleston,Ela, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Fox, French, Getz, Golladay, Goss, Gove, Gravely, Griswold, Grover, Halsey, Hamilton, Harding, Hawkins, Higby, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Humphrey, Hunter, Jenckes, Johnson, Thomas L. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Marshall, Marvin, Maynard, McCormick, McKee< Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Mungen, Myers, Newcomb, Newsham, Niblack, Nicholson, Norris, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pierce, Pike, Poland, Polsley, Price, Prince, Pruyn, Randall, Raum, Robertson, Roots, Sawyer, Schenck, Scofield, Selye, Shanks, Shellabarger, Sitgreaves, Smith, Starkweather, Stokes, Stpver, Sypher, Taber, Taffe, Taylor, Thomas, Trowbridge, Twichell, Upson, Van Aernam, Van Auken, Burt Van Horn, Robert T. Van Horn, Van Trump, Van Wyck, Ward, Cadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, William Williams, Stephen F. Wilson, Windom, Woodbridge—160.

Not Voting—Messrs. Adams, Ames, Anderson, Archer, Baldwin, Barnes, Barnum, Blackburn, Roderick R. Butler, Reader W. Clarke, Cornell, Dickey, Dixon, Dodge, Edwards, Farnsworth, Glossbrenner, Haughey, Hill, Holman, Asahel W. Hubbard, Richard D. Hubbard, Ingersoll, Kitchen, Knott, Mallory, McCarthy, Morrissey, Pettis, Pile, Pomeroy, Stevens, John Trimble, Lawrence S. Trimble, Vidal, Ellihu B. Washburne, James F. Wilson, Wood—38.

The resolution was then engrossed and read a third time—yeas 144, nays 45, not voting 33, and passed as above.

Proceedings upon it in the Senate

Its Senate.

In Committee of the Whole,

February 3—Mr. Stewart moved to amend by substituting the following in place of the House resolution:

Sec. 1. The right of citizens of the United

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