-142.

Wilson, Winans, Winchester, Witcher, Wood, Woodward And provided further, That the State of VirNAYS-Messrs. Ambler, Arnell, Asper, Beatty, Benton, ginia is admitted to representation in Congress Boles, Bowen, Boyd, Buffinton, Cessna, Clarke, Amasa as one of the States of the Union, upon the folCobb, Coburn, Dickey, Dixon, Donley, Ela, Ferriss, lowing fundamental conditions: First. That the Fisher, Hamilton, Hawley, Hoar, Solomon L. Hoge, Kelley, Kelsey, Lawrence, Loughridge, Maynard, Mc constitution of Virginia shall never be so amended Crary, William Moore, Negley, O'Neill, Palmer, Phelps, or changed as to deprive any citizen or class of Pomeroy, Roots, Shanks, William J. Smith, William citizens of the United States of the right to vote Smyth, Stevens, Stevenson, Stokes, Taffe, Townsend, who are entitled to vote by the constitution Ward, Cadwalader C. Washburn, Wheeler, B. F. Whittemore, Willard-49. herein recognized, except as a punishment for such crimes as are now felonies at common law. under laws equally applicable to all the inhabitwhereof they shall have been duly convicted ants of said State: Provided, That any alteration of said constitution, prospective in its effects, may be made in regard to the time and place of

IN SENATE.

1870, January 17-Mr. Edmunds moved to amend by inserting at the end of the bill the following proviso:

Provided, That before any member of the legislature of said State shall take or resume his seat, or any officer of said State shall enter upon the duties of his office, he shall take and sub

residence of voters.

Mr. Schurz moved to amend the amendment

by inserting after the word "vote," the words "or to hold office," which was not agreed toyeas 28, nays 32, as follow:

YEAS-Messrs. Abbott, Anthony, Boreman, Brown

Robertson, Schurz, Spencer, Sumner, Thayer, Warner,

Wilson, Yates-28.

NAYS-Messrs. Bayard, Carpenter, Casserly,_Cole, Conkling, Corbett, Cragin, Davis, Drake, Fenton, Ferry, rill of Maine, Norton, Nye, Patterson, Ross, Saulsbury, Fowler, William T. Hamilton, Howard, Kellogg, MorSawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Willey, Williams-32.

The amendment of Mr. Drake was agreed toyeas 31, nays 28, as follow:

YEAS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Chandler, Cragin, Drake, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, terson, Pomeroy, Pratt, Ramsey, Rice, Robertson, SpenMcDonald, Morrill of Vermont, Morton, Osborn, Patcer, Sumner, Thayer, Wilson, Yates-31.

scribe and file in the office of the secretary of state of Virginia, for permanent preservation, an oath in the form following: "I, do solemnly swear that I have never taken an oath low, Buckingham, Chandler, Edmunds, Gilbert, Hamas a member of Congress, or as an officer of the lin, Harlan, Harris, Howe, McDonald, Morrill of VerUnited States, or as a member of any State leg-mont, Morton, Osborn, Pomeroy, Pratt, Ramsey, Rice, islature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterward engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: so help me God;" or such person shall in like manner take, subscribe, and file the following oath: "I, do solemnly swear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XIVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath was regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office;

Which (January 19) was agreed to-yeas 45, nays 16, as follow:

NAYS-Messrs. Bayard, Carpenter, Casserly, Cole, liam T. Hamilton, Morrill of Maine, Norton, Nye, Ross, Conkling, Corbett, Davis, Fenton, Ferry, Fowler, WilSaulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey,

Williams-28.

Same day, Mr. Drake moved further to amend by inserting at the end of the bill the following:

Second. 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.

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

YEAS-Messrs. Abbott, Boreman, Brownlow, Buckingham, Chandler, Drake, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Mor

rill of Vermont, Morton, Osborn, Patterson, Pomeroy,

Pratt, Ramsey, Rice, Robertson, Schurz, Spencer, Sumner, Thayer, Wilson, Yates-30.

YEAS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howe, McDonald, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Sumner, Thayer, Tipton, Warner, Willey, Williams, Wilson-45. NAYS-Messrs. Bayard, Casserly, Davis. Ferry, Fow-serting at the end of the bill the following: ler, William T. Hamilton, Kellogg, McCreery, Norton, Ross, Saulsbury, Stewart, Stockton, Thurman, Trumbull,

NAYS-Messrs. Bayard, Carpenter, Casserly, Cole, Conkling, Corbett, Cragin, Davis, Fenton, Ferry, Fowler, William T. Hamilton, Morrill of Maine, Norton, Nye, Ross, Saulsbury, Sawyer, Scott, Sherman, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, Warner, Willey, Williams-29.

Vickers-16.

January 21-Mr. Drake moved to insert at the end of the bill the following:

Same day, Mr. Wilson moved to amend by in

Third. That the constitution of Virginia 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.

icard-83.

require of him any other qualifications for office | M. Wilson, Winans, Winchester, Witcher, Wood, Woodthan such as are required of all other citizens. Third, That the constitution of Mississippi 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. Approved, February 23, 1870.

The final votes on this act were as follow:

IN HOUSE, February 3, 1870.

YEAS-Messrs. Allison, Ambler, Ames, Armstrong,
Arnell, Asper, Ayer, Banks, Beaman, Beatty, Benjamin,
Bennett, Benton, Bingham, Blair, Boles, Booker, Bow-
en, Boyd, George M. Brooks, Buck, Buckley, Buffinton,
Burchiara, Burdett, Benjamin F. Butler, Roderick R.
Butler, Cake, Cessia, Churchill, Clarke, Amasa Cobb,
Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom,
Davis, Dawes, Deweese, Dickey, Dixon, Dockery, Don-
ley, Duval, Dyer, Ela, Farnsworth, Ferriss, Ferry,
Finkelnburg, Fitch, Garfield, Gilfillan, Hale, Hamilton,
Hawley, Hay, Heflin, Hill, Solomon L. Hoge, Hooper,
Jenckes, Judd, Julian, Kelley, Kellogg, Kelsey, Ketch-
am, Knapp, Laflin, Lash, Lawrence, Logan, Lough-
ridge, Lyneh, Maynard, McCrary, McGrew, McKenzie,
Mercur, Milnes, Eliakim H. Moore, William Moore,
Daniel J. Morrell, Samuel P. Morrill, Myers, Negley,
O'Neill, Orth, Packard, Packer, Paine, Peters, Phelps,
Platt, Pomeroy, Prosser, Ridgway, Roots, Sargent, Saw-
yer, Scofield, Shanks, Lionel A. Sheldon, Porter Shel-
don, John A. Smith, William Smyth, Starkweather,
Stevens, Stevenson, Stokes, Stoughton, Strong, Taffe,
Tanner, Tillman, Townsend, Twichell, Tyner, Upson,
Van Horn, Ward, Cadwalader C. Washburn, William B.
Washburn, Welker, Wheeler, B. F. Whittemore, Wilkin-
son, Willard, Williams, John T. Wilson, Winans-131.
NAYS-Messrs. Adams, Archer, Beck, Biggs, Bird, James
Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Dickinson, Dox,
Edridge, Gez, Gibson, Golladay, Greene, Griswold, Haight,
Hambleton, Hamill, Hoar, Holman, Johnson, Thomas L.
Jones, Kerr, Knott, Marshall, Mayham, McCormick, McNeely,
Morgan, Nilack, Palmer, Potter, Randall, Reading, Reeves,
Rice, Rogers, Schumaker, Sherrod, Stiles, Stone, Strader,
Swann, Sweeney, Van Auken, Van Trump, Voorhees, Wells,
Winchester, Wood, Woodward–56.

IN SENATE, February 17, 1870.
YEA9-Messrs. Abbott. Anthony, Boreman, Brown-
low, Buckingham, Cameron, Chandler. Cole, Conkling,
Corbett, Cragin, Drake, Edmunds, Fenton, Gilbert,

Hamlin, Harlan, Harris, Howard, Howe, Howell, Kel
logg, McDonald, Morrill of Maine, Morrill of Vermont,
Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt,
Ramsey, Rice, Robertson, Ross, Sawyer, Scott, Spen-
cer, Sprague, Stewart, Sumner, Thayer, Tipton, Trum-
bull, Warner, Willey, Williams, Wilson, Yats-50.
NAYS-Messrs. Bayard, Casserly, Davis, Fowler, Wil-
liam T. Hamilton, Johnston, McCreery, Saulsbury, Stock-
ton, Thurman, Vickers-11.

Previous Votes.

IN HOUSE.

Mr. Beck offered as a substitute the following: Whereas the people of Mississippi have framed and adopted a constitutional State government, which is republican in form: Therefore,

Be it enacted, &c., That the said State of Mississippi is entitled to representation in the Congress of the United States.

Which was not agreed to—yeas 83, nays 100, as follow:

NAYS-Messrs. Allison, Ambler, Armstrong, Arnell, Asper. Ayer, Banks, Beaman, Beatty, Benjamin, Bennett, Benton, Boles, Booker, Boyd, George M. Brooks, Buck, Buckley, Buffinton, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Cessna, Churchill, Clarke. Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Dickey, Dixon, Donley, Duval, Dyer, Ela, Ferriss, Hamilton. Hawley, Heflin, Hoar, Judd, Julian, Kelley, Kelsey, Knapp, Lash, Lawrence. Lynch, McCrary, McGrew, Mercur, Eliakim H. Moore, William Moore, Daniel J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill, Packard, Packer, Paine, Palmer, Peters, Phelps, Platt, Pomeroy, Prosser, Sargent, Sawyer. Schenck, Scofield, Shanks, Lionel A. Sheldon. Porter Sheldon, John A. Smith, William J. Smith, William Smyth, Starkweather, Stevens, Stevenson, Stokes, Stoughton, Taffe, Townsend, Twichell, Tyner, Upson, Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Wheeler, B. F. Whittemore, Wilkinson, Willard, Williams, John T. Wilson-100.

IN SENATE.

February 17-Mr. Willey moved to strike out the third proviso and insert as follows:

So much of the act of Congress entitled "An act to admit the State of Virginia to representation in the Congress of the United States," approved January 26, 1870, as declares that Virginia is admitted to representation upon certain fundamental conditions therein expressed, be, and the same is hereby, repealed.

Which was disagreed to-yeas 23, nays 36, as follow:

YEAS-Messrs Bayard, Casserly, Conkling, Davis, Ferry. Fowler, William T. Hamilton, Johnston, Kellogg, McCreery, Nye, Ross, Saulsbury, Sawyer, Sprague, Stewart, Stockton, Thurman, Trumbull, Vickers, Warner, Willey,

Williams-23.

NAYS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Chandler, Cole, Cragin, Drake, Edmunds, Fenton, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, McDonald, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Scott, Spence Sumner, Thayer, Tipton, Wilson, Yates-36.

The Committee on the Judiciary recommended. to amend by striking out all the provisos; which was disagreed to-yeas 27, nays 32, as follow:

Fenton, Ferry, Fowler, William T. Hamilton, Johnston,
YEAS-Messrs. Bayard, Casserly, Cole, Conkling, Davis,
Kellogg, McCreery, Morrill of Maine, Ross, Saulsbury,
Sawyer, Scott, Sprague, Stewart, Stockton, Thurman,
Tipton, Trumbull, Vickers, Warner, Willey, Williams-

27.

NAYS-Messrs. Abbott, Anthony, Boreman, Brownlow, Buckingham, Cameron, Chandler, Cragin, Drake, Edmunds, Gilbert, Hamlin, Harlan, Harris, Howard, Howell, McDonald, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Spencer, Sumner, Thayer, Wilson, Yates-32.

So the bill passed as above.

AN ACT to admit the State of Texas to representation in the Congress of the United States.

Whereas the people of Texas have framed and adopted a constitution of State government which is republican; and whereas the Legislature of Texas elected under said constitution has ratified the XIVth and XVth amendments to the Constitution of the United States; and whereas the performance of these several acts in good faith is a condition precedent to the representation of the State in Congress: Therefore,

YEAS-Messrs. Adams, Axtell, Barnum, Beck, Biggs, Bird, Blair, James Brooks, Burchard, Burr, Calkin, Cleveland, Cor, Crebs, Deweese, Dickinson, Dockery, Dox, dridge, Farnsworth, Ferry, Finkelnburg. Fitch, Gar field, Getz, Gibson, Golladay, Griswold, Haight, Hale, Hambleton, Hamill, Hawkins, Hay, Hill, Holman, Jenckes, Johnson, Thomas L. Jones, Kellogg, Kerr, Ketcham, Knott, Latlin, Logan, Marshall, Mayham, Be it enacted, &c., That the said State of Texas McCormick, McKenzie, McNeely, Milnes, Morgan, Niblack, is entitled to representation in the Congress of Orth, Potter, Randall, Reading, Reeves. Rice, Ridgway, the United States: Provided, That before any Rogers, Schumaker, Sherrod, Slocum, Joseph S. Smith, | Stiles. Stone, Strong, Swann, Sweeney, Tanner, Tillman, member of the legislature of said State shall take Trimble. Van Auken, Van Trump, Voorhees, Wells, Eugene or resume his seat, or any officer of said State

shall enter upon the duties of his office, he shall I and privileges secured by the constitution of said
take and subscribe and file in the office of the State.
secretary of state of Texas, for permanent preser- |
vation, an oath or affirmation in the form fol-

lowing: "I, ―, do solemnly swear (or
affirm) that I have never taken an oath as a
member of Congress, or as an officer of the United
States, or as a member of any State legislature,
or as an executive or judicial officer of any State,
to support the Constitution of the United States
and afterward engaged in insurrection or rebel-
lion against the same, or given aid or comfort to
the enemies thereof: so help me God;" or under
the pains and penalties of perjury, (as the case
may be ;) or such person shall, in like manner,
take, subscribe, and file the following oath or
affirmation: "I,
do solemnly swear
(or affirm) that I have, by act of Congress of the
United States, been relieved from the disabilities
imposed upon me by the XIVth Amendment of
the Constitution of the United States: so help me
God;" or under the pains and penalties of per-
jury, (as the case may be;) which oaths or af
firmations shall be taken before and certified by
any officer lawfully authorized to administer
oaths. And any person who shall knowingly
swear or affirm falsely in taking either of such
oaths or affirmations shall be deemed guilty of
perjury, and shall be punished therefor by im-
prisonment not less than one year, and not more
than ten years, and shall be fined not less than
one thousand dollars, and not more than ten
thousand dollars. And in all trials for any vio-
lation of this act the certificate of the taking of
either of said oaths or affirmations, with proof of
the signature of the party accused, shall be taken
and held as conclusive evidence that such oath or
affirmation was regularly and lawfully adminis-
tered by competent authority: And provided fur-
ther, That every such person who shall neglect
for the period of thirty days next after the pas-
sage of this act to take, subscribe, and file such
oath or affirmation, as aforesaid, shall be deemed
and taken, to all intents and purposes, to have
vacated his office: And provided further, That
the State of Texas is admitted to representation
in Congress as one of the States of the Union,
upon the following fundamental conditions: First,
That the constitution of Texas shall never be so

amended or changed as to deprive any citizen or
class of citizens of the United States of the right
to vote who are entitled to vote by the constitu-
tion herein recognized, except as a punishment
for such crimes as are now felonies at common
law, whereof they shall have been duly convicted
under laws equally applicable to all the inhabit-
ants of said State: Provided, That any alteration
of said constitution, prospective in its effects, may
be made in regard to the time and place of resi-
dence of voters. Second, 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. Third, That the
constitution of Texas shall never be so amended
or changed as to deprive any citizen or class of
citizens of the United States of the school rights

Approved, March 30, 1870.

The final votes on this act were as follow:

IN SENATE, March 29, 1870.
YEAS-Messrs. Abbott, Boreman, Brownlow, Back-

ingham, Cameron, Cattell, Chandler, Cole, Corbett, Cra-
gin, Drake, Fenton, Ferry, Gilbert, Hamlin, Harlan,
Harris, Howard, Howell, Lewis, McDonald, Merral of
Maine, Morrill of Vermont. Morton, Nye. Osborn. Pat
terson, Pomeroy, Pratt, Ramsey, Revels, Rice. Rober
son, Ross, Sawyer, Schurz, Scott, Sherman. Sprague
Stewart, Sumner, Thayer, Tipton, Warner, Willey, Wa
liams, Wilson-47.

NAYS-Messrs Bayard, Casserly, Daris. William T.

Hamilton, Johnston, McCreery, Norton, Saulsbury, Stock-
ton, Thurman, Vickers-11.

IN HOUSE, March 30, 1870.
YEAS-Messrs. Allison, Ambler, Ames, Arnell. Aspen,
Atwood, Aver, Beaman, Beatty, Benjamin, Bennett
Benton, Blair. Boles, Boyd, George M. Brooks, Back
Buckley, Buffinton, Burchard, Burdett, Benjamin F.
Butler, Cake, Cessna, Sidney Clarke, Clinton L. Cobb
Coburn, Cook, Conger, Covode, Cowles. Cullom. Dars
Ela, Farnsworth, Ferriss, Ferry, Finkelnburg. Fisher
Dawes, Dickey, Dixon, Dockery, Donley, Duval, Dyer,
Garfield, Gilfillan, Hale, Hamilton, Harris, Hawley, Har
Heaton, Heflin, Hill, Hoar, Hoge, Hooper, Ingers
Jenckes. Alexander H. Jones, Judd. Julian, Ke
Kelsey, Knapp, Lash, Lawrence, Logan, Loughri
Lynch, Maynard, McCarthy, McCrary, Meurew,
Kenzie, Mereur, Milnes, Eliakim H. Moore, William
Moore, Morphis. D. J. Morrell, Myers, Negley, Ne.
Orth, Packard, Packer, Paine, Perce, Peters, Platt, E-
land, Pomeroy. Prosser, Roots, Sanford, Sargent. So
yer, Schenck, Scofield, Shanks, Lionel A. Sheldon. Pr-
ter Sheldon. John A. Smith, William J. Smith, Worthing
ton C. Smith, William Smyth, Stevens, Stevens'?
Stokes, Stoughton, Strickland, Taffe, Tiliman. Tyne,
Upson, Van Horn, Van Wyck. Ward. Casiwalader (.
Washburn, William B. Washburn, Welker, Wheeler,
Wilkinson, Williams, John T. Wilson, Winans, Wit -
er-130.

NAYS-Mossrs. Adams, Archer, Artell. Berk, Bins,
Bird, James Brooks, Burr, Calkin. Cleveland, Cor, Cres
Dickinson, Dor, Eldridge, Getz, Gibson, Gris cold, Hrikt.
Haldeman, Hambleton, Hamill, Holman, Kerr, Kett
Marshall. Manham, McCormick, McNeely, Morgan, Munor
maker, Sherrod, Slocum, Joseph S. Smith, Sales, S
Niblack, Potter, Randall, Reading, Rice, Rilreay. Sta
Swann, Sweeney, Trimble, Van Trump, Wells, Eugene M
Wilson, Wood-50.

Previous Votes.

IN HOUSE.

1870, March 15-Mr. B. F. Butler, from the Committee on Reconstruction, reported the above bill, with the addition of the following provis

in any manner the conditions and guarantees Provided further, That this act shall not affect upon which the State of Texas was annexed and admitted as a State.

Mr. Wood moved to add to the end of the bill the following:

admit the State of Texas to all the rights of And provided further, That this act shall reother States within the Union, without qualifica tion or fundamental conditions, except as here stated.

Which was disagreed to-yeas 49, nays 121, as follow:

YEAS-Messrs. Adams, Archer, Barnum, Berk, Bi 197,
Bird, James Brooks, Burr, Calkin, Crebs, Dickinson, D.5.
Eldridge, Getz, Griswold, Haight, Haldeman, Hill, PA
man, Johnson, Kerr. Knott, Miyhim, McCormick, M-Kin
Reading, Reeves, Rice, Ridgway. Rogers, Scofield, Sarros
zie, McNeely, Morgan, Mungen, Niblack, Putter, Ban
Slocum, Stiles, Stone, Swann, Trimble, Van Arken, Fan
Trump, Voorhees, Wells, Eugene M. Wilson, Wood-49.
Asper, Atwood, Axtell, Beatty, Benjamin, Blair, Bes
Booker, Boyd, George M. Brooks, Buck, Buckley,

NAYS-Messrs. Allison, Ambler, Armstrong, Arnell

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the said State of Texas is entitled to representation in the Congress of the United States." Which was disagreed to-yeas 52, nays 106-Tyner, Upson, Van Horn, Ward, Cadwalader C. Wash

LVI.

DECLARATORY RESOLUTIONS

ON REPUDIATION, PURCHASE OF U. S. BONDS, INCREASING THE CURRENCY, TARIFF, AMNESTY; AND THE VALIDITY OF THE XIVTH AND XVTH AMENDMENTS; AND THE BILL TO RE-APPORTION REPRESENTATIVES.