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and whether or not the same can without detriment be restored in kind, and if not, what would be a just and reasonable compensation. If there are in any of the Departments auy relics or mementos left by George Washington to the Custis family, and the same were taken from the house or the possession of Mrs. Lee, the committee will report who is the present custodian of such articles, and whether any of them have been lost or damaged while going to or remaining in said Departments. The committee shall take the statements of Mrs. Lee in order to identify her property with greater certainty, to discover the extent of her losses ;■ and they shall report all facts necessary to a settlement upon the principles of substantial justice.

Objection being made by Mr. Edmunds, the question arose, shall the leave asked be granted?

Mr. Davis moved thatthe question lie on the table; which was disagreed to—yea&9, nays49:

Yeas—Messrs. Bayard, Casserly, Davis, Fowler, Hamilton of Maryland, Johnston, Lewis, Saulsbury, Vickers—9.

Nays—Messrs. Abbott, Ames, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Drake, Edmunds, Fenton, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harlan, Harris, Howard, Howe, Howell, McGreery, Morrill of Vermont, Morton, Nye, Patterson, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Ross, Sawyer, Scott, Sherman, Spencer, Sprague, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Wilson, Windom—49.

Leave to bring in the resolution was then refused—yeas 4, nays 54:

Yeas—Messrs. Fowler, Hamilton of Maryland, McGreery, Vickers—4.

Nays—Messrs. Abbott, Ames, Anthony, Bayard, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Casserly, Chandler, Cole, Conkling, Corbett, Drake, Edmunds, Fenton, Flanagan, Gilbert, Hamilton of Texas, Hamlin, Harlan. Harris, Howard, Howe, Howell, Kellogg, Lewis, Morrill of Vermont, Morton, Nye, Patterson, Pomeroy, Pool, Pratt, Ramsey, Revels, Rice, Robertson, Ross, Sawyer, Schurz, Scott, Sherman, Spencer, Sprague, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Wilson, Windom—54.

The petition of Mrs. Mary Ann Lee, widow of General Robert E. Lee, is now pending in the Senate, reciting the circumstances attending the sale of the Arlington estate, and asking that Congress appropriate $300,000 to purchase the estate from her, and proposing in that event to give the Government a clear title.

First Session Forty-Second Congress.

In House.

1871, March 13—Mr. Braxton offered a bill to quiet the title of the Arlington estate.

[The bill provides that upon a full release and conveyance of all right, title, and interest at law and in equity by the devisees under the last will and testament of George W. P. Custis, deceased, in the tract of land called u Arlington,'' containing eleven hundred acres, and situate in the county of Alexandria and State of Virginia, the Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, to the said devisees, the sum of $300,000, which payment, when made, shall be in full consideration for the said property. The second section provides that this bill shall be in force from and after its passage.]

On motion of Mr. B. F. Butler, the bill was laid on the table—yeas 115, nays 74:

Yeas—Messrs. Ambler, Averill, Barber, Beatty, Bigby. Bingham, A. Blair, G.'M. Brooks, Buckley, Bumnton, Burchard, Burdett, B. I\ Butler, It. R. Butler, F. Clarke. C. L. Cobb, Coburn, Conger, Cook, Cotton, Creely, Dawes, De Large, Dickey.Donnan, Dunnell, Eames, Elliott, Farnsworth, Farwell, Finkelnburg, C.Foster, Frye, Garfield, Goodrich, Griffith, Hale, Harmer, G. E. Harris,Havens, Hawley, Hay, G.W. Hazelton, J. W. Hazelton, Hoar, Holman, Hooper, Kelley, Ketcham, Lamport, Lansing, Lowe, Lynch, Manson, Maynard, McCrary, McGrew, McJunkiii, Merriam, Monroe, Moore, Morey, Morphis, L. Myers, Orr, Packard, Packer, Palmer, Parker, Peck, Pendleton, Perce, Peters, Piatt, Porter, Prindle, Rainey, Randall, E. H. Roberts, Busk, Sawyer, Scofield, Sessions, Shanks, Sheldon, Shellabarger,Shoemaker, Slocum, H. B.Smith, J. A. Smith, W. C. Smith, R. M Speer, T. J, Speer, Sprague, Stevenson, Stoughton, St. John, Sypher, Thomas, W.Townsend,Twichell, Tyner, Upson, Voorhees, Wakeman, Walden, Waldron, Wallace, Walls, Wheeler, Whiteley, Willard, Williams of Indiana, J. M. Wilson, J. T. Wilson—115.

Nays—Messrs. Acker, Adams, Archer, Arthur, Beck, Bird, J. G. Blair, Braxton, Bright, J. Brooks, Caldwell, Campbell, Carroll, Comingo, Cox, Crebs, Critcher, Crossland, Davis, Dox, Du Bose, Duke, Eldredge, Ely, Forker, Garrett, Getz, Golladay, Haldeman, Handley, Hanks, Harper, J. T. Harris, Hereford, Kendall, King, Kinsella, Lamison. Leach, Lewis, McClelland, McCormick, Mc Henry, Mclntyre, McKinney, Merrick, B. F. Meyers, Morgan, Niblack, Perry, Price, E. Y. Rice, J. M. Rice, Ritchie, iW. R, Roberts, Roosevelt, Shober, Slater, Sloss, Stevens, Storm, Sutherland, Swann, Terry, Tuthitt. Van Trump, Vaughan, Waddell, Warren, Wells, Whitthorne, Wil-> Hams of New York, Wood, Young—-74.

VII.

PROPOSED AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.

The following constitutional amendments were proposed, during the Forty-First and Forty-Second Congresses.

In SenateForty-First Congress.

1869, March 18—Mr. Robertson proposed a new article:

The Congress shall have power to establish a tribunal for the purpose of considering and

determining all questions which may arise aa to the validity of the electoral vote of any State for President and Vice President of the United States; which said tribunal shall exercise its jurisdiction under such regulations as Congress shall make.

1870, January 21—Mr. Pomeroy proposed a new article:

The basis of suffrage in the United States shalli>e that of citizenship, and all native or naturalized citizens shall enjoy the same rights and privileges of the elective franchise; but each State shall determine by law the age of the citizen and the time of residence required for the exercise of the right of suffrage, which shall apply equally to all citizens, and also shall make all laws concerning the time, places, and manner of holding elections for all State and municipal officers.

AMENDMENTS TO CONSTITUTION.

39

1870, April 18—Mr. Drake proposed a new article:

Section 1. The United States shall protect each State against domestic violence whenever it shall be shown to the President, in such manner as the Congress may by law prescribe, that such violence exists in such State.

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

1871, January 17—Mr. Yates proposed a new article:

Every person, whether a native-born or a foreign-born citizen of the United States who shall have attained to the age of thirty-five years, and been fourteen years a resident within the United States, shall be eligible to the office of President.

In SenateForty-second Congress.

1871, March 16—Mr. Davis, of Kentucky, proposed a new article:

There is hereby established the Constitutional Tribunal, with power to decideall questions of conflict of jurisdiction or power between the United States and the States, or any of them; all questions of the constitutionality of bills passed by Congress, or of acts of every kind done and performed by any department or officer, or other person, under the authority of the Government of the United States ; and to open and count the votes of the electors of President and Vice President of the United States. Proceedings may be hadbefore the Constitutional Tribunal by original petition, or by appeal or writ of errorfrom thejudgments or decrees of all the courts of the United States and the States, by and in the name of any State or person, natural or artificial, directly interested in the questions involved in the proceedings. The concurrence of a majority of the whole number of the Tribunal, counting one for every State, shall be necessary to enable it to render any judgment or decree; and they shall be executed and enforced by the United States according to law. Each State shall be entitled to and shall choose one member of the Constitutional Tribunal, who at the time of being chosen shall be not less than thirty years of age, and who shall have been for ten years a citizen of the United States, and five years a resident of the State. The members of the Tribunal shall hold their offices during good behavior; shall receive compensation from their respective States; may be removed by them for treason, bribery, corruption in office, or other high crimes and misdemeanors, or mental imbecility. The Tribunal may regu

late the times and continuance of its terms for the transaction of business.

1871, December 19—Mr. Stewart proposed a new article:

Section 1. There shall be maintained in each State and Territory a system of free common schools; but neither the United States, nor any State, Territory, county, or municipal corporation shall aid in the support of any school wherein the peculiar tenets of any religious denomination are taught.

Sec. 2. Congress shall have power to enforce this article by appropriate legislation.

1871, December 21—Mr. Sumner proposed a new article, (preamble omitted:)

Section 1. No person who has once held the office of President of the United States shall be thereafter eligible to that office.

Sec. 2. This amendment shall not take effect until after the 4th day of March, 1873.

1872, May 30—Mr. Sumner submitted the following, (preamble omitted:)

Besolved, dec, (two thirds of each House concurring therein,) That the following be proposed as an amendment to the Constitution, which, when ratified by the Legislatures of three fourths of the several States, shall be valid, to all intents and purposes, as part thereof, to wit:

The executive power shall be vested in a President of the United States of America; he shall hold his office during the term of four years, and be elected as follows:

The qualified voters shall meet at the usual places of holding elections in their respective States and Territories on the first Monday in April, in the year one thousand eight hundred and seventy-six, and on the first Monday in April every four years thereafter, under such rules and regulations as the Congress may by law prescribe, and vote by ballot for a citizen qualified under the Constitution to be President, and the result of such election in each State and Territory shall be certified, sealed, and forwarded to the seat of Government in such manner as the Congress may by law direct.

The Congress shall be in session on the third Monday in May after such election, and on the Tuesday next succeeding the third Monday in May, if a quorum of each House shall be present, and if not, immediately on the presence of such quorum the Senators and Representatives shall meet in the Representative Chamber in joint convention, and the President of the Senate, in presence of the Senators and Representatives thus assembled, shall open all returns of the election and declare the result. The person having the greatest number of votes cast for President shall be President, if such number be a majority; if no person have such a majority, or if the person having such majority decline the office or die before the counting of the vote, then the President of the Senate shall so proclaim; whereupon the joint convention shall order the proceedings to be officially published, stating particularly the number of votes for each person as President.

Amother election shall thereupon take place on the second Tuesday of October next sue ceeding, at which election the duly qualified voters shall again meet at the usual places of holding elections in their respective States and Territories, and vote for one of the three persons having the highest number of votes, at the preceding election in April, and the result of such election in each State and Territory shall be certified, sealed, and forwarded to the seat of Government as provided by law.

On the third Tuesday in December after such second election, or as soon thereafter as a quorum of each House shall be present, the Senators and Representatives shall again meet in joint convention, and the President of the Senate, in presence of the Senators and Representatives thus assembled, shall open all the returns of the election, and declare the person having the highest number of votes duly elected President for the ensuing term.

No person elected to the office of President shall thereafter be eligible for reelection.

In case of the removal of the President from office by impeachment, or of his death, resignation, or inability to discharge the powers and duties of the office, the same shall devolve temporarily on the head of an Executive Department senior in years. If there be noheadof an Executive Department, then the Senator senior in years shall act as President until a successor is chosen and qualified.

If Congress be in session at the time of the death, resignation, disability, or removal of the President, the Senators and Representatives shall meet in joint convention, under such rules and regulations as the Congress may by law prescribe, and proceed to elect by viva voce vote a President to fill such vacancy, each Senator and Representative having one vote. A quorum forthis purpose shall consist of a majority in each House of the Senators and Representatives duly elected and qualified, and a majority of all the votes given shall be necessary to the choice of a President. The person thus elected as President shall discharge all the powers and duties of the office until the inauguration of the President elected at the next regular election.

If Congress be not in session at the time a vacancy occurs, then the acting President shall forthwith issue a proclamation convening Congress within thirty days after the occurrence of such vacancy.

On the presence of a quorum in each House, the Senators and Representatives shall meet in joint convention and electa President, as before provided.

The office of Vice President is abolished.

The Senate shall choose their own Presiding Officer.

In HouseForty-First Congress.

1869, December 22—Mr. Lawrence proposed a new article:

The electors of President and Vice President shall be chosen as follows: two electors of President and Vice President shall be chosen at large from each State by the quali

fied voters therein. A number of electors in each State equal to the whole number of Representatives to which such State may be entitled in Congress shall be chosen in single districts of contiguous and compact territory, each containing, as nearly as practicable, au equal amount of population. The times, places, and manner of choosing such electors shall be prescribed in each State by the Legislature thereof, but the Congress may at any time by law make or alter such regulations. Congress shall by law provide for the case of absence, death, resignation, or inability of any elector, prescribe the mode of determining the validity of the choice of electors, and of contesting the right to the office of President and Vice President.

1870, February 14—Mr. Ingersoll proposed a new article:

Section 1. The Congress shall have power to issue United States notes and may make them a legal tender in payment of debts.

1870, April 4—Mr. Julian proposed a new article:

Section 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 sex.

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

1870, April 18—Mr. Burdett proposed a new article:

Section 1. No State or municipal corporation within any State of the United States shall levy or collect any tax for the support or aid of any sectarian, denominational, or religious school, or educational establishment; nor shall the Legislature of any State, or the corporate authorities of any municipality within any State, appropriate any money or make any donation from the public funds or property of such State or municipality for the support or aid of any sectarian, religious, or denominational school, or educational establishment.

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

1871, January 4—Mr. Coburn proposed a new article:

Congress may by law vest the election of all officers of the United States whose duties require them to reside in the several States, except judges and officers of the courts of the United States, in the people of the several States, districts, and localities therein in which they are by law required to perform their duties, subject to the directions and regulations ofthe President of the United States and the heads of Departments, and to arrest, suspension, or removal by the President of the United States.

[This was re-presented by Mr. Coburn in first session of Forty-Second Congress, on 13th of March, 1871.]

In HouseForty-second Congress.

1871, March 4—Mr. Potter proposed a new article:

Section 1. That the Congress shall make no law impairing the obligations of contracts, nor shall it hereafter charter private corporations to carry on business within the States. Beck, Bell, Bird, J. G. Blair, Braxton, Bright, Burchard, Coghlan, Comingo, Conger,, Conner, Cotton, Cox, Crcbs, Grossland, Box, Bu Bose, Duell, Buke, Bunnell, Eldredge, Farnsworth, Farwell, Finkelnburg. C. Foster, Garrett, Getz, Golladay, Goodrich, Griffith, Haldeman, Hancock, Handley, Hanks. Harper, J. T. Harris, Hay, Hereford, Herndon, Hibbard, Kerr, King, Lamison, Leach, Manson. Marshall, McClelland, McCormick, McCrary, McHenry, Mclntyre, McNeelv, B. F. Meyers, Morgan, Morphis, Niblack, H. W. Parker, I. C. Parker, E. Perry, Porter, Potter, Price, Bead, E. Y. Bice, J, M. Rice, J. Rogers, Shenoood, Shober, Shoemaker, Slater, Sloss, T. J. Speer, Stevens, Stevenson, Storm, Sutherland, Swann, Terry, Vaughan, Voorhees, Waddell, Warren, Wells, Whiteley, Whitthorne, Wood, Young—91.

AMENDMENTS TO CONSTITUTION.

41

1871, December 5—Mr. Potter proposed a new article:

Section 1. The President and Vice President hereafter elected shall hold office during the term of six years; but no person shall be reeligible to be President who has been once elected to that office.

1871, December 11—Mr. Coghlan proposed a new article:

Section 1. The public land of the United States, except mineral lands, shall not be disposed of except to actual settlers thereon, for homestead purposes only, and in quantities limited by general laws.

Which was—March 8, 1872—disagreed to— yeas 85, nays 87:

Yeas—Messrs. Acker, Ambler, Archer, Arthur, Banks, Beatty, Beveridge, J. Brooks, Buffinton, Burehard, Burdett,. B. F. Butler, R. R. Butler, Coghlan, Cox, Crebs, Crossland, De Large, Ely, Finkelnburg, Forker, C. Foster, H. B. Foster, W. D. Foster, Garfield, Garrett, Golladay, Griffith, Haldeman, Hancock, Ha.ndley, Harmer, IJavens, Hawley, J. W. Hazleton, Hibbard, Hill, Holman, Houghton, Kerr, King, Lamport, Lewis, Lowe, Manson, McClelland, McCrary, Mclntyre, McNeely, Merriam, B. F. Meyers, Monroe, Morgan, Negley, Orr, Packard, H. W. Parker, I. C. Parker, Peck, E. Perry, Potter, Randall, Mead, E. Y. Rice, J. M. Rice, Ritchie, Sargent, Shanks, H. B. Smith, Snapp, Sprague, Stevens, Stevenson, Storm, Strong, Stearin, Tyner, Upson, ■ Van Trump, Vaughan, WhittJwrne, Willard, Williams of Indiana, Winchester, Wood—85.

Nays—Messrs. Adams, Ames, Averill, Barber, Barry, Bell, Bigby, Bingham, Bird, Braxton, G. M. Brooks, Buckley, Caldwell, Cobb, Coburn, Comingo, Conger, Conner, Darrall, Davis, Dawes, Donnan, Box, Bu Bose, Buke, Dunnell, Eldredge, Frye, Hanks, Harper, Gr. E. Harris, J. T. Harris, Hays, G. W. Hazelton, Herndon, Hoar, Hooper, Kelley, Kendall, Lamison, Lansing, Leach, McCormick, McGrew, McHenry, McJunkin, Mercur, Merrick, Mitchell, Morey, Morphis, Packer, Palmer, Pendleton, Poland, Porter, Rainey, E. H. Roberts, J. Rogers, Rusk, Sawyer, Sessions, Sheldon, Sherwood, Shober, Shoemaker, Slater, J. A. Smith, W. C. Smith, Snyder, T. J. Speer, Starkweather, Stoughton. Stowell, Sutherland, Taffe, Terry, Thomas, Turner, Tuthill, Wakeman, Walden, Waldron,Wallace, Warren,Wheeler, Young—87.

1871, December 11—Mr. King proposed a new article, (preamble omitted :)

Sec. 1. It shall not be lawful for ^he wiiite inhabitants of the United States, either male or female, to contract bonds of matrimony, or enter into the marriage relation, with the African or other colored inhabitants of the United States; and all such marriages are hereby forever prohibited.

Sec. 2. And said fourteenth amendment shall not be understood or construed as prohibiting the States from making and enforcing such laws as may be necessary to provide for the education of the children of the colored inhabitants of the United States in schools and colleges separate and apart from the schools and colleges for the education of the children of tr/e white inhabitants.

1871, December 11—Mr. McNEELTproposed a new article:

Sec. 1. Congress shall have no power to lay and collect duties on imports or excises.

Sec. 2. That Congress shall raise such revenue as may be required under the Constitution by a direfit^tax;.laid annually upon the United States, whicH shall be apportioned among the

several States and Territories and the District of Columbia according to the valuation of property within the same, respectively, so that every person and corporation shall pay a tax in proportion to his, her, or its property, such valuation to be ascertained in such manner as Congress may prescribe: Provided, That the property of the United States, of the several States, Territories, the District of Columbia, counties, and other municipal corporations, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery, and charitable purposes, shall be exempt from such taxation.

Sec. 3. That any State or Territory and the District of Columbia may assume, assess, collect, and pay into the Treasury of the United Statesthe direct tax, or its quota thereof, imposed by Congress under this article, in its own way and manner, by and through its own officers, assessors, and collectors; but if any State or Territory or the District of Columbia shall fail to pay into the Treasury of the United States its quota or proportion of such

direct tax within months after the same

shall have been laid and apportioned, such tax, together with the cost of assessing and collecting the same, shall be assessed and collected within such State or Territory or the District of Columbia so failing to pay the same in such manner as Congress may direct.

1871, December 11—Mr. Morgan proposed a new article:

Sec. 1. Naturalized citizens of the United States shall be eligible to the offices of President and Vice President. Any provision in the Constitution inconsistent herewith is hereby declared void and of no effect.

1872, January 8—Mr. Morgan moved to suspend the rules and pass the resolution; which was disagreed to—yeas 81, nays 65:

Yeas — Messrs. Acker, Adams, Archer, Arthur, Beatty, Beck, Bird, J. G. Blair, Braxton, Bright, Buckley, Burehard, B. F. Butler, Caldwell, Coghlan, Conger, Cotton, Cox, Crossland, Box, BuBose, Buke, Bunnell, Eldredge, Ely, Farnsworth, Finkelnburg, Frye, Garrett, Getz, Goodrich, Hancock, Handley, Harper, J, T. Harris, Hay, Hereford, Herndon, Hibbard, Holman, Kerr, King, Leach, Lynch, Marshall, McClelland, McCormick, McHcnry, B. F. Meyers, Morgan, Niblack, H. W. Parker, I. C. Parker, Porter, Potter, Randall, Read, E. Y. Rice, J. M. Rice, W. R. Roberts, J. Rogers, Roosevelt, Sheldon, Sherwood, Slater, Sloss, T. J. Speer, Starkweather, Stevens,Stevenson, Swann, Terry, Van Trump, Waddell, Walden, Wells, White! ey, Whitthorne, Williams of New York, Winchester, Wood—81.

Nays—Messrs. Ambler, Averill, Banks. Barber, Barry, Beveridge, A. Blair, G. M. Brooks, Buffinton, Burdett, R. R. Butler, Coburn, Dawes, Donnan, W.D. Foster,Garfield,Hale,G.E. Harris,G.W. Hazelton, J. W. Hazejton, Hoar, Hooper, Houghton, Kelley, Lewis, Lowe, Maynard,McCrary,McKee,Mercur, Merriam, Monroe. Moore, L. Myers, Negley, Orr, Packard, Packer, Palmer, Peck,Peters,Platt,Poland, Ritchie, E. H. Roberts, Rusk, Sessions, Shanks, Shellabarger, H. B. Smith, J. A. Smith, Snapp, Sprague, Turner, Twichell, Tyner, Upson. Wakeman, Waldron, Walls, Wheeler, Willard, Williams of Indiana, J. M. Wilson, J. T. Wilson—65.

1872, January 22—Mr. Morgan moved to suspend the rules and pass the resolution;which was disagreed to (not voting 74:) Yeas Messrs. Acker, Archer,

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Nays—Messrs. Ambler, Averill, Banks, Barber, Barry, Beveridge, Bigby, Bingham, A. Blair, G. M. Brooks, Buffinton, Burdett, R. R. Butler, W. T. Clark, Cobb. Darrall, Dawes, Donnan, Eames, W. D. Foster, Garfield, Hale, Hawley, J. W. Hazelton, Hoar, Houghton, Kelley, Lowe, Maynard, McGrew, McJunkin, Mercur, Merriam, Monroe, Moore, L. Myers, Orr, Packard, Palmer, Peck, Pendleton, Perce, A. F. Perry, Piatt, Poland, Rainey, Ritchie, E. H. Roberts, Sargent, Sawyer, Seeley, Sessions, Shanks, Shellabarger, J, A. Smith, W. C. Smith, Snapp, Snyder, Sprague, Stoughton, Stowell, Taffe, W. Townsend, Turner, Twichell, Upson, Wakeman, Walden, Waldron. Wallace, Walls, Wheeler, Willard, Williams of Indiana, J. T. Wilson—75.

1871, December 18—Mr. Comingo proposed a new article:

No Territory or district of country shall hereafter be admitted into the Union as a State that does not contain a representative population that will entitle it to at least one Representative, according to the ratio of representation at the time of its admission.

1872, January 8—Mr. Mccrary proposed a new article:

All civil officers of the United States, except judges of the supreme and inferior courts, the heads of Departments, and those whose duties are temporary in their character, shall hold office for a term of four years, unless a longer term shall be fixed by law. Congress may by law provide forthe election by the people, of postmasters, and other officers whose duties are to be performed within the limits of any State or part of a State; but the President shall have the power of removal of any such officer, whether appointed or elected, for any cause affecting the incumbent's character, habits, or other qualifications, excepting political or religious opinions.

1872, January 8—Mr. Snapp proposed a new article:

Sec. 1. No person shall be eligible to the office of President of the United States who is, or has been, a judge of the Supreme Court of the United States.

1872, January 15—Mr. Mcintyre proposed a new article:

First. The Supreme Court of the United States shall have original as well as appellate jurisdiction in cases involving or affecting the constitutionality of any Federal law so far as to determine the question of the constitutionality of the same; and the Supreme Court, upon the application of any State, corporation, or person suggesting the unconstitutionality of any Federal law, or any part thereof, on notice to the Executive of the United States, within six months from the date of said application, shall determine the question. If the law, or

any part thereof, shall be adjudged constitutional, such law, or part thereof, so adjudged to be constitutional, shall be operative and shall be enforced. If the law, or any part thereof, shall be adjudged unconstitutional, then such law, or part thereof, so adjudged to be unconstitutional, shall be inoperative, and shall not be enforced.

Second. The Supreme Court shall have appellate jurisdiction in all cases when the writ of habeas corpus will lie in the several Federal courts inferior to the Supreme Court. The right of appeal from such inferior tribunal to the Supreme Court shall not be abridged.

1872, January 22—Mr. Isaac C. Parker proposed a new article:

Section 1. No person shall be eligible to the office of President or Vice President of the United States while such person is a member of the Senate or House of Representatives of the United States, nor for two years after such membership shall cease.

1872, April 8—Mr. Hawley proposed a new article:

The Senate of the United States shall be composed of two Senators from each State, chosen by the people thereof for six years, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature; and if vacancies happen by resignation or otherwise, the executive authority of such State shall issue writs of election to fill such vacancies.

April 29—Mr. Golladay submitted the following as a new article:

The Congress shall have no power to make any grants of the public lands of the United States, except for purposes of homesteads and common-school education of the people of the respective States and Territories. Nor shall Congress make any law impairing the obligation of contracts, nor shall they hereafter charter private corporations to carry on business within the States.

May 6—Mr. Poland submitted the following new article:

No Senator or Representative shall, during the time for which he was elected, be chosen President or Vice President; nor shall any judge of any court of the United States be chosen President or Vice President within two years after the termination of his judicial office.

1872, March 4—Mr. William T. Jones, Delegate from the Territory of Wyoming, proposed a new article:

Section 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States and Territories of the United States; and hereafter each of the organized Territories of the United States shall be entitled to one Representative in the House of Representatives, who shall be entitled to all the privileges and powers enjoyed by members from the several States.

Sec. 2. No distinction as to the qualifica

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