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AMNESTY AND CIVIL EIGHTS.

73

the Congress of the United States, withdrew from their seats and aided the rebellion; second, all persons who, being officers of the Army or Navy of the United States, and being above the age of twenty-one years, left said Army or Navy, and aided the rebellion; third, all persons who, being members of State conventions which adopted pretended ordinances of secession, voted in favor of the adoption of such ordinances.

Which was disagreed to—yeas 14, nays 32:

Yeas—Messrs. Ames, Anthony, Caldwell, Chandler, Clayton, Frelinghuysen, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Spencer, Wilson, Wright—14.

Nays—Messrs. Bayard, Blair, Cameron, Car penter, Casserly, Cole, Conkling, Cooper, Corbett, Cragin, Davis of West Virginia, Ferry of Michigan, Flanagan, Goldthwaite, Hamilton of Maryland, Hamlin, Johnston, Kelly, Logan, Morrill of Maine, Norivood, Pool, Ransom, Robertson, Saulsbury, Sawyer. Scott, Sprague, Stevenson, Thurman, Tipton, Vickers— 32.

Mr. Ames moved to amend the bill by adding the two sections of the civil rights bill passed as a separate measure a few minutes before, (for text of which see page 74 ;) which was disagreed to—yeas 11, nays 31:

Yeas—Messrs. Ames, Chandler, Clayton, Flanagan, Frelinghuysen, Nye, Osborn, Pomeroy, Spencer, Wilson, Wright—11.

Nays—Messrs.Bayard, Blair, Caldwell, Cameron, Carpenter, Casserly, Cole, Cooper, Corbett, Cragin, Davis of West Virginia, Ferry of Michigan, Goldthwaite, Hamilton of Maryland, Hamlin, Johnston, Kelly, Logan, Morrill of Maine, Norwood, Pool, Ransom, Robertson, Saulsbury, Sawyer, Scott, Spragne, Stevenson, Thurman, Tipton, Vickers—31.

Mr. Frelinghuysen moved to amend by adding the following section:

Sec. —. That before any person shall be entitled to the benefit of the preceding section of this act he shall, within the district where he resides, before a clerk of some court of the United States, or a United States commissioner, take and subscribe an oath or affirmation to support the Constitution of the United States, and to bear true faith and allegiance to the same; which oath or affirmation shall be forwarded by said officer to the Secretary of State of the United States, who shall cause a list of all persons complying with the provisions of this act to be laid before Congress at the opening of each session thereof; and the officer before whom such oath or affirmation is made shall give to the person taking it a certificate of the fact, under such forms and regulations as the Secretary of State shall prescribe.

Which was disagreed to.

Mr. Frelinghuysen moved to amend so as to make the bill read: "Officers who were at the commencement of the rebellion in the judicial, military, or naval service of the United States, or the heads of Departments, or foreign ministers of the United States;" which was disagreed to—yeas 18, nays 27:

Yeas—Messrs. Ames, Anthony, Caldwell, Chandler, Clayton, Conkling, Corbett, Ferry of Michigan, F^inagan, Frelinghuysen, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Spencer, Sumner, Wright—18. Nays—Messrs. Bayard, Blair, Cameron, Carpen

ter, Casserly, Cole, Cooper, Davis of West Virginia, Goldthwaite, Hamilton of Maryland, Hamlin, Johnston, Kelly, Logan, Morrill of Maine, Norwood, Pool, Ransom, Robertson, Saulsbury Sawyer, Scott, Sprague, Stevenson, Thurman, Tipton, Vickers—27.

The bill was reported to the Senate without amendment.

Mr. Sumner moved to amend by adding the supplementary civil rights bill (S. No. 1102;) which was disagreed to—yeas 13, nays 27:

Yeas—Messrs. Ames, Anthony, Clayton, Flanagan, Frelinghuysen, Morrill, of Vermont, Nye, Patterson, Pomeroy, Spencer, Sprague, Sumner, Wilson—13.

Nays—Messrs. Bayard, Blair, Caldwell, Cameron, Carpenter, Casserly, Cole, Cooper, Corbett, Davis oi West Virginia, Ferry of Michigan, Goldthwaite, Hamilton of Maryland, Hamlin, Johnston, Kelly, Logan, Morrill of Maine, Norwood, Pool, Ransom, Robertson, Saulsbury, Sawyer, Scott, Stevenson, Thurman, Tipton, Vickers—27.

The bill was then passed as above—the Ku Klux bill, civil rights bill, and this amnesty having been passed at one sitting of the Senate.

President Grant's Proclamation Enforcing the Amnesty Act, June 1,1872.

Whereas the act of Congress, approved May 22, 1872, removes all political disabilities imposed by the third section of the fourteenth article of amendments to the Constitution of the United States from all persons whomsoever, except Senators and Representatives of the Thirty-Sixth andThirty-Seventh Congresses and officers in the judicial, military, and naval service of the United States, heads of Departments, and foreign ministers of the United States;

And whereas it is represented to me that there are now pending in the several circuit and district courts of the United States proceedings by quo warranto, under the fourteenth section of the act of Congress approved May 31, 1870, to remove from office certain persons who are alleged to hold said offices in violation of the provisions of said article of amendment to the Constitution of the United States, and also penal prosecutions against such persons under the fifteenth section of the act of Congress aforesaid:

Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby direct all district attorneys having charge of such proceedings and prosecutions to dismiss and discontinue the same, except as to persons who may be embraced in the exceptions named in the act of Congress first above cited.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this 1st day of June, in the year of our Lord [seal.] 1872, and of the Independence of the United States of America the ninetysixth.

U. S. Grant.

By the President:

Hamilton Pish, Secretary of State.

Supplementary Civil Rights Bill as Passed by the Senate.

In Senate.

1872, May 21—Mr. Carpenter moved to proceed to the consideration of Senate bill 99, being the supplementary civil rights bill proposed by Mr. Sumner, March 9, 1871; which was agreed to, and the Senate, as in Committee of the Whole, resumed consideration thereof.

Mr. Carpenter moved to amend the bill by striking out all after the enacting clause and inserting the following:

Whoever, being a corporation or natural person, and owner, or in charge of any public inn, or of any place of public amusement or entertainment for which a license from any legal authority is required; or of any line of stage-coaches, railroad, or other means of public carriage of passengers or freight, shall make any distinction as to admission or accommodation therein, of any citizen of the United States, because of race, color, or previous condition of servitude, shall, on conviction thereof, be fined not less than five hundred nor more than five thousand dollars for each offense; and the person or corporation so offending shall be liable to the citizens thereby injured in damages to be recovered in an action of debt.

Sec. —. That the offense under this act, and actions to recover damages, may be prosecuted before any territorial, district, or circuit court of the United States having jurisdiction of crimes at the place where the offense was charged to have been committed.

Mr. Thurman moved to amend the amendment by striking out the words "or of any place of public amusement or entertainment;" which was disagreed to—yeas 14, nays 29:

Yeas—Messrs. Bayard, Blair, Casserly, Cooper, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Norwood, Ransom, Saulsbury, Stevenson, Thurman, Vickers—li.

Nays—Messrs. Ames, Caldwell, Camoron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Ferry of Michigan, Flanagan, Frelinghuysen, Hamilton of Texas, Hamlin, Logan, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Pool, Robertson, Sawyer, Scott, Spencer, Sprague, Wilson, Wright—29.

Mr. Thurman moved to amend the amendment by striking out the word "hundred," so as to make the minimum fine five instead of five hundred dollars; which was disagreed to.

The amendment was then agreed to—yeas 22, nays 20:

Yeas—Messrs. Bayard, Blair, Caldwell, Carpenter, Casserly, Cole, Corbett, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Logan, Morrill of Maine, Norwood, Pool, Hansom, Saulsbury, Scott, Stevenson, Thurman, Vickers, Wright—22.

Nays—Messrs. Ames, Anthony. Cameron, Chandler, Clayton, Conkling, Cragin, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin, Morrill of Vermont, Nye, Osborn. Pomeroy, Robertson, Sawyer, Spencer, Sprague, Wilson—20.

Mr. Thurman moved to lay the bill on the table; which was disagreed to.

In the Senate the amendment made as in Committee of the Whole was concurred in.

Mr. Casserly moved to amend by adding to the bill the words "with the right of appeal, or to have a writ of error in any case to the Supreme Court of the United States;" which was agreed to.

The bill was then passed—yeas 28, nays 14:

Yeas—Messrs. Ames, Anthony, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin, Logan, Morrill of Vermont, Nye, Osborn, Patterson, Pool, Robertson, Sawyer, Scott, Sprague, Wilson, Wright—28.

NaysMessrs. Bayard, Blair, Casserly, Cooper, Davis of West Virginia, Hamilton of Maryland, Johnston. Kelly, Norwood, Hansom, Saulsbury, Stevenson, Thurman, Vickers—14.

Mr. Carpenter moved to amend the title so as to read: "A bill to declare and enforce the civil rights of citizens of the United States;" which was agreed to.

Votes in House.

May 28—Mr. Maynard moved to suspend the rules to take from the Speaker's table the above bill; which was disagreed to, two thirds not having voted in favor thereof—yeas 114, nays 83:

Yeas—Messrs. Ambler, Ames, Barber, Beatty, Beveridge, Bigby, Bingham, Buckley, Buffinton, Burchard, Burdett, B. F. Butler, R. R. Butler, Clarke, Cobb, Coburn, Coghlan, Conger, Cotton, Darrall, Dawes, Donnan, Duell, Dunnell, Eames, Elliott, Farnsworth, Finkelnburg, C. Foster, W. D. Foster, Frye, Garfield, Hale, Haisey, Harmer, Havens, Hawley, Hay, Hays, G. W. Hazelton, J. W. Hazelton, Hill, Hoar, Hooper, Houghton, Ketch am, Killinger, Lamport, Lansing, Lowe, Lynch, Maynard, McCrary, McGrew, MeJunkin, McKee, Mercur, Merria.m, Monroe, Morey, Morphis, L. Myers, Negley, Orr, Packard, Packer, Palmer, I.C. Parker, Pendleton, Perce, A. F. Perry, Peters, Poland, Rainey, B. H. Roberts, Rusk, Sargent, Sawyer, Scofield, Sessions, Shanks, Sheldon, Shellabarger, Shoemaker, H.B. Smith, J. A. Smith, W. C. Smith, Snyder, T. J. Speer, Sprague, Starkweather, Stevenson. Stoughton, Stowell, Strong, St. John, Sypher, Taffe, Thomas, W. Townsned, Turner, Twichell, Tyner, Upson, Wakeman, Waldron, Wallace, Walls, Whiteley, Willard, Williams of Indiana, J. M. Wilson, J. T. Wilson—114,

Nays—Messrs. Acker, Adams, Archer, Arthur, Beck, Biggs, Bird, J. G. Blair, Braxton, Bright, Brooks, Caldwell, Campbell, Carroll, Comingo, Conner, Crebs, Critcher, Grassland, Box, Du Bose, Duke, Eldredge, Forker, H. D. Foster, Garrett, Getz, Giddings, Goliad ay, Griffith, Haldeman, Hancock, Handley, Hanks, Harper, J. T. Harris, Hereford, Herndon, Hibbard, Holman, Kendall, Kerr, King, Lewis, Manso7i, Marshall, McClelland, McCormick, McHenry, Mclntyre, McNeely, Merrick, Mitchell, Morgan, Niblack, II. W. Parker, Price, Randall, Read, E. Y. Rice, J. M. Rice, Ritchie, W. R. Roberts, Robinson, S. H. Rogers, Roosevelt, Slater, Slocum, Sloss, R. M. Speer, Stevens, Swann, Terry, Tuthill, Van Trump, Waddell, Warren, Wells, Whitthorne, Williams of New York, Winchester, Wood, Young—83.

June 7—Mr. Poland moved to suspend the rules and pass the bill with an amendment changing the penalty so that it shall not exceed $1,000, and leaving the minimum amount to the discretion of the court. The motion was lost—yeas 86, nays 73, (two thirds being required:)

Yeas—Messrs. Ames, Banks, Barber, Beatty, Beveridge, A. Blair, Buckley, Buffinton, Burchard, B. F. Butler, R. R. Butler, Coburn, Conger, Cotton, Crocker, Darrall, Dawes, Donnan, Duell, Dunnell, Eames, Farnsworth, Finkelnburg. C. Foster, Garfield, Harmer, G. E. Harris, Havens, Hawley, J. W. Hazelton, Hill, Hoar, Hooper, Houghton, Kellogg, Ketcham, Lamport, Lowe, McCrary, McGrew, Mc

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Junkin, Mercur, Merriam, Monroe, Morphis, L. Myers, Orr, Packard, Packer, Palmer, Pendleton, Perce, A. F. Perry, Peters, Poland, Prindle, Rainey, E.H. Roberts, Rusk Sawyer, Sessions. Shanks, Sheldon, Shellabarger, H. B. Smith, J. A. Smith, T. J. Speer, Sprague, Starkweather, Stevenson, Strong, Sypher, Thomas, W. Townsend, Turner, Twichell, Tyner, Wakemnn, Walden. Waldron, Walls, Whiteley, Willard, Williams of Indiana, J. M. Wilson, J. T. Wilson—86.

Nays—Messrs. Acker, Adams, Archer, Arthur, Beck, Biggs, Bird, J. G. Blair, Braxton, Brooks, Caldwell, Campbell, Carroll, Comingo, Conner, Critcher, Crossland,Dox, Du Base, Duke, Eldredge, Forker. H. D. Foster, Garrett, Getz, Giddings, Golladay, Haldeman, Hambleton, Hancock, Handley, Hanks, Harper, J. T. Harris, Hereford, Hibbard, Holman, Kendall, Kerr, King, Lamison, Manson, Marshall, McClelland, McCormick, McHenry, Mclntyre, Merrick, Morgan, Niblack, Price, Randall, Read, E. Y. Rice, Ritchie, W. R. Roberts, S. H. Rogers, Sherwood, Shober, Slater, Slocum, Stevens, Storm, Swann, Terry, Tuthill, Van Trump, Vaughan, Waddell, Warren, Wells, Williams of New York, Winchester—73.

Mr. Poland then modified his amendment so that the penalty shall not exceed $100, with no minimum; which was disagreed to—yeas 83, nays 73, (two thirds being required:)

Yeas Messrs. Ames, Banks, Barber, Beatty, Beveridge, A. Blair, Buckley, Buffinton, Burchard, R. R. Butler, Coburn, Conger, Cotton, Crocker, Darrall, Dawes, Donnan, Duell, Dunnell, Eames, Farnsworth, Finkelnburg, C. Foster, Garfield, Harmer, G. E. Harris, Havens, Hawley, Hay, J. W. Hazelton, Hill, Hoar, Hooper, Houghton, Kellogg, Ketcham, Lamport, Lowe, McCrary, McGrew, McJunkin, Mercur, Merriam, Monroe, L. Myers, Packard, Packer, Pabmer, Pendleton, Perce, A. F. Perry, Peters, Poland, Potter, Prindle, Rainey, B. H. Roberts, Sa.wyer, Sessions, Shanks, Sheldon, Shellabarger, H. B. Smith, T. J. Speer, Sprague. Starkweather, Stevenson, Strong, Sypher, Taffe, Thomas, W. Townsend, Turner, Twichell, Tyner, Walden, Waldron, Walls, Whiteley, Willard, Williams of Indiana, J. M. Wilson, J. T. Wilson—83.

Nays—Messrs. Acker, Adams, Archer, Artlnir, Beck, Biggs, Bird, J. G. Blair, Braxton, Brooks, Caldwell, Campbell, Carroll, Comingo, Conner, Critcher, Crossland, Box, I)a Bose, Duke, Eldredge, Forker, H. D.Foster, Garrett, Getz, Giddings, Golladay, Haldeman, Hambleton, Hancock, Handley, Hanks, Harper, J. T. Harris, Hertford, Hibbard, Holman. Kendall, Kerr, King, Lamison, Manson, Marshall, McClelland, McCormick, McHenry, Mclntyre, Merrick, Morgan, Niblack, Price, Randall, Read, E. Y. Rice, Ritchie, W. R. Roberts, S. H. Rogers, Sherwood, Shober, Slater, Slocum, Stevens, Storm, Swann, Terry, Tuthill, Van Trump, Vaughan, Waddell, Warren, Wells, Williams of New York, Winchester—-73.

Amnesty and Civil Rights Jointly Considered.

In House.

1872, January 15—Mr. Hale moved to suspend the rules and pass a bill removing all political disabilities imposed by third article of fourteenth amendment, except from the following classes:

First. Members of the Congress of the Union who withdrew therefrom to aid the rebellion.

Second. Officers of the Army or the Navy of the United States who, being above the age of twenty-one years, left said Army or Navy and aided the rebellion.

Which was agreed to—yeas 171, nays 31:

Yeas Messrs. Acker, Ames, Archer, Arthur, Banks, Barber. Barnum, Barry, Beck, Bell, Beveridge, Biggs, Bingham, Bird, A. Blair, J. G.Blair, Braxton, Bright. G. M. Brooks. J. Brooks. Buckley, Burchard, Burdett, Caldwell, Carroll, W. T. Clark, Coghlan, Comingo, Conner, Cotton, Crebs, Critcher, Crossland, Darrall, Davis, Dawes, Dickey, Donnan, Dox, Du Bose, Duell, Duke, .Eames, Ed

wards, Eldredge, Ely, Farwell, Finkelnburg, Forker, C, Foster, W. D. Foster. Frye, Garfield, Garrett, Getz, Golladay, Griffith, Haldeman, Hale, Halsey, Hambleton, Hancock, Handley, Hanks, Harper, G. E. Harris, J. T. Harris, Hawley, Hay, G. W. Hazelton, J. W. Hazelton, Hereford, Herndon, Hibbard, Hill, Holman, Hooper, Houghton, Kelley, Kellogg, Kerr, Ketcham, King, Kinsella, Lo.rn.ison, Lamport, Leach, Lewi?, Lynch, Manson, Marshall, McClelland, McCormick, McGrew, McHenry, Mclntyre, McKee, McNeely, Merriam, Merrick, B. F. Meyers, Mitchell, Monroe, Morey, Morgan, L. Meyers, Niblack, H. W. Parker, I. C. Parker, Peck, Pendleton, A. F. Perry, Poland, Potter, Price, Prindle, Randall, Read, E. Y.Rice, J. M. Rice, Ritchie, E. H. Roberts, W. R. Roberts, Roosevelt, Sawyer, Scofield,Sessions, Sheldon, Shellabarger, Sherwood, Shoemaker, Slater, Slocum, Sloss, H. B. Smith, J. A. Smith, W. C. Smith, Snapp, Snyder, R. M. Speer, T. J. Speer, Starkweather, Stevens, Stevenson, Storm, Strong, Sutherland, Swann', Sypher, Terry, Thomas, Turner, Tuthill, Twichell, Upson, Van Trump, Vaughan, Voorhees, Waddell, Wakeman, Wallace, Warren, Wells, Wheeler, Whiteley, Whiithorne, Willard, Williams of New York, J.T.Wilson, Winchester, Wood—171.

Nays—Messrs. Ambler, Beatty, Buffinton, Coburn, Conger, Dunnell, Goodrich, Hoar, Killinger, Lansing, Lowe, Maynard, McCrary, McJunkin, Mercur, Orr,Packard, Packer, Palmer,Porter, Rainey, Rusk, Seeley, Shanks, Sprague, Taffe, W. Townsend, Tyner, Waldron, Walls, J. M. Wilson—31.

In Senate. 1872, May 9—In Committee of the Whole Mr. Sumner moved to strike out all after the enacting clause, and insert the following civil rights bill:

Sec. 1. That no citizen of the United States shall, by reason of race, color, or previous condition of servitude, be excepted or excluded from the full and equal enjoyment of any accommodation, advantage, facility, or privilege furnished by innkeepers; by common carriers, whether on land or water j by licensed owners, managers, or lessees of theaters or other places of public amusement 5 by trustees, commissioners, superintendents, teachers, and other officers of common schools and other public institutions of learning, the same being supported by moneys derived from general taxation, or authorized by law; by trustees and officers of cemetery associations and benevolent institutions incorporated by national or State authority. But private schools, cemeteries, and institutions of learning established exclusively for white or colored persons, and maintained respectively by voluntary contributions, shall remain according to the terms of the original establishment.

Sec. 2. That any person violating any of the provisions of the foregoing section, or aiding in their violation, or inciting thereto, shall, for every such offense, forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered in an action on the case with full costs, and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000, or shall be imprisoned not less than thirty days nor more than one year: Provided, That the party aggrieved shall not recover more than one penalty; and when the offense is a refusal of burial, the penalty may be recovered by the heirs-at-law of the person whose body has been refused burial.

Sec. 3. That the same jurisdiction and powers are hereby conferred, and the same duties enjoined upon the courts and officers of the United States in the execution of this act as are conferred and enjoined upon such courts and officers in sections three, four, five, seven, and ten of an act entitled "An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication," passed April 9, 1866, and these sections are hereby made a part of this act; and any of the aforesaid officers failing to institute and prosecute such proceedings herein required shall, for every such offense, forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered by an action on'the case, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than $1,000 nor more than $5,000.

Sec. 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as juror in any court, national or State, by reason of race, color, or previous condition of servitude; and any officer or other persons charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the reason above named shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than $1,000 nor more than $5,000.

Sec. 5. That every discrimination against any citizen on account of color by the use of the word "white" in any law, statute, ordinance, or regulation, is hereby repealed and annulled.

Mr. Ferry, of Connecticut, moved to amend the amendment by striking out, in the first section, the following words:

By trustees, commissioners, superintendents, teachers, and other officers of common schools and other public institutions of learning, the same being supported by moneys derived from general taxation or authorized by law. Which was lost—yeas 25, nays 26:Yeas—Messrs. Alcorn, Bayard, Boreman, Buckingham, Casserly, Cooper, Davis of West Virginia, Fenton, Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Harlan,Hill, Hitchcock, Johnston, Kelly, Norwood, Pratt, Saulsbury, Scott, Stevenson, Tipton, Trumbull, Vickers —25.

Nays—Messrs. Ames, Anthony, Cameron, Carpenter, Chandler, Clayton, Cragin, Edmunds, Ferry of Michigan, Flanagan, Gilbert, Hamlin, Howe, Kellogg, Morrill of Vermont, Morton,Osborn, Pomeroy, Ramsey, Rice, Sherman, Spencer, Sumner, Wilson, Windom, Wright—26.

Mr. Blair offered the following proviso, to come in at the end of the first section of the amendment:

Provided, however, That the people of every city, county, or State shall decide for themselves, at an election to be held for that purpose, the question of mixed or separate schools for the white or black people.

Which was lost—yeas 23, nays 30:

Yeas—Messrs. Alcorn, Bayard, Boreman, Casserly, Cooper, Davis of West Virginia, Fenton, Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Hitchcock, Johnston, Kelly, Norwood, Pratt, Saidsbury, Sprague, Stevenson, Tipton, Trumbull, Vickers, West—23.

Nays—Messrs. Ames, Anthony, Caldwell, Cameron, Carpenter, Chandler, Clayton, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Flanagan, G-ilbert, Hamlin, Howe, Kellogg, Morrill of Vermont, Morton, Osborn, Pomeroy, Ramsey, Rice, Scott, Sherman, Spencer, Sumner. Wilson, Windom, Wright—30.

Mr. Ferry, of Connecticut, offered the following as an additional section to the amendment:

Sec. 6. That all legal and political disabilities imposed by the third section of the fourteenth article of amendments to the Constitution of the United States on persons therein mentioned, because of their having engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, be, and the same are hereby, removed: Provided, That this act shall not apply to or in any way affect or remove the disability of any person included in either of the following classes, namely: first, members of the Congress of the United States who withdrew therefrom and aided the rebellion; second, officers of the Army or Navy of the United States who, being above the age of twenty-one years, left said Army or Navy and aided the rebellion. Which was adopted—yeas 38, nays 14:

YeasMessrs. Alcorn, Ames, Bayard, Blairt Boreman, Buckingham, Caldwell, Cameron, Carpenter, Casserly, Clayton, Cooper, Corbett, Davis of West Virginia, Edmunds, Ferry of Connecticut, Ferry of Michigan, Flanagan, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Harlan, Hitchcock, Johnston, Kellogg, Kelly, Norwood, Osborn, Pomeroy, Pratt, Saidsbury. Sprague, Stevenson, Stewart, Tipton, Trumbull, Vichers, West—38.

Nays—Messrs. Cragin, Fenton, Gilbert, Hamlin, Morrill of Vermont, Morton, Pool. Rice, Scott, Sherman, Spencer, Sumner, Wilson, Windom—14.

Mr. Boreman offered the followingadditional section:

Sec. 7. That before any person shall be entitled to the benefit of the preceding section of this act, he shall, within the district where he resides, before a clerk of some court of the United States, or a United States commissioner, take and subscribe an oath or affirmation to support the Constitution of the United States, and to bear true faith and allegiance to the same; which oath or affirmation shall be forwarded by said officer to the Secretary of State of the United States, who shall cause a list of all persons complying with the provisions of this act to be laid before Congress at the opening of each session thereof; and the officer before whom such oath or affirmation is made shall give to the person taking it a certificate of the fact, under such forms and regulations as the Secretary of State shall prescribe.

Which was adopted—yeas 31, nays 24:

Yeas—Messrs. Alcorn, Ames, Anthony, Boreman, Buckingham, Caldwell, Cameron, Clayton, Conkling, Corbett, Cragin, Edmunds, Fenton, Ferry of Michigan, Flanagan,Gilbert, Hamlin, Harlan, Hitchcock, Morton, Osborn, Pomeroy, Pool. Pratt, Scott, Sherman, Spencer,Sumner, West, Wilson, Windom—31.

Nays—Messr.'. Bayard, Blair, Casserly, Cooper, Davis of West Virginia, Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Hill, Johnston, Kellogg, Kelly, Logan. Morrill of Vermont, Norwood, Rice, Saulsbury, Sprague, ^tevenson, Stewart, Tipton, Trumbull, Vickers—24.

Mr. Carpenter moved to strike out the fourth section of the amendment, (relating to

AMNESTY AND CIVIL EIGHTS.

11

jurors;) which was disagreed to—yeas 16, nays 38:

YeasMessrs. Alcorn. Bayard, Boreman, Carpenter, Casserly, Davis of West Virginia, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Hitchcock, Johnston, Kelly, Logan, Saulsbury, Stevenson, Vickers—1Q.

Nays Messrs. Ames, Anthony, Buckingham, Caldwell, Cameron, Chandler, Clayton, Conkling, Cooper, Cragin, Edmunds, Fenton, Ferry of Michigan, Flanae-an, Gilbert, Harlan, Hill, Kellogg, Morrill of Vermont, Morton, Norwood, O-sborn, Pomeroy, Pratt, Ramsey, Rice, Sherman, Spencer, Sprague^ Sumner, West, Wilson, Windom—33.

Mr. Trumbull move to strike out the first, second, third, fourth, and fifth sections (being the civil rights bill) of the amendment as amended; which was lost—yeas 29, nays 29, the Vice President voting in the negative:

Yeas—Messrs. Alcorn, Bayard, Boreman, Carpenter, Casserly, Cooper, Corbett, Cragin, Davis of West Virginia, Fenton, Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Hill, Hitchcock, Johnston, Kelly, Logan, Norwood, Pratt, Saulsbury, Scott. Sprague, Stevenson, Stewart, Tipton, Trumbull, Vickers—29.

Nays Messrs. Ames, Anthony, Buckingham,
Caldwell, Cameron, Chandler, Clayton, Conkling,
Edmunds, Ferry of Michigan, Flanagan, Gilbert,
Hamlin, Harlan, Howe, Kellogg, Morrill of Ver-
mont, Morton, Osborn, Pomeroy, Pool, Ramsey,
Rice, Sherman, Spencer, Sumner, West, Wilson,
Windom—29.

Mr. Cooper moved to amend the amendment by inserting after the word "servitude," in section one, the words "or pecuniary condition;" so as to read:

That no citizen of the United States shall, by reason of race, color, or previous condition of servitude or pecuniary condition be excepted or excluded, &c.

Which was lost—yeas 7, nays 35:

Yeas—Messrs. Cooper, Cragin, Davis of West Virginia, Hamilton of Maryland, Hill, Kelly, Tipton—7.

Nays—Messrs. Alcorn, Ames, Anthony, Boreman, Buckingham, Caldwell, Cameron, Carpenter, Casserly, Clayton, Conkling, Corbett, Edmunds, Ferry of Connecticut, Ferry of Michigan, Flanagan, Gilbert, Howe, Kellogg* Morrill of Vermont, Mortoni Osborn, Pomeroy, Pool, Pratt, Ramsey, Scott, Sherman, Spencer, Stevenson, Sumner, Vickers, West, Wilson, Windom—35.

Mr. Vickers moved to amend the same section by striking out the words "or State;" so that it would read:

By trustees and officers of cemetery associations and benevolent institutions incorporated by national authority.

Which was agreed to—yeas 21, nays 21; the Vice President voting in the affirmative:

Yeas—Messrs. Alcorn, Boreman, Casserly, Cooper, Corbett, Davis of West Virginia, Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Hill, Hitchcock, Johnston, Kelly, Norwood, Pool, Saulsbury, Sprague, Stevenson, Tipton, Viokers—21.

Nays Messrs. Ames, Anthony, Buckingham, Cameron, Clayton, Conkling, Edmunds, Ferry of Michigan, Flanagan, Gilbert, Harlan, Morton, Osborn, Pomeroy, Pratt, Ramsey, Rice, Spencer, Sumner* Wilson, Wright—21.

Mr. Sumner moved to strike out of the first section, after the word "institutions," the words "incorporated by national authority," and to transfer the words "the same being supported by moneys derived from general taxation, or authorized by law;" so that it would read:

Other public institutions of learning; by trustees and officers of cemetery associations and benevolent institutions, the same being supported by moneys derived from general taxation, or authorized by law.

Which was agreed to.

Mr. Vickers moved to add to the third section the following: "And that the right of appeal as in other cases shall be allowed to any party aggrieved;" which was agreed to.

Mr. Boreman moved to insert in the first section, aftpr the word "institutions," the words "of a public character; " which was agreed to.

Mr. Sumner's amendment as amended was then rejected—yeas 27, nays 28:

Yeas—Messrs. Ames, Anthony, Buckingham, Caldwell, Cameron, Clayton, Conkling, Corbett, Edmunds, Ferry of Michigan, Flanagan, Gilbert, Harlan, Howe, Kellogg, Morrill of Vermont, Morton, Osborn, Pomeroy, Pool, Ramsey, Rice, Spencer, Sumner, West, Wilson, Windom—27.

Nays—Messrs. Alcorn, Boreman, Carpenter, Casserly, Cooper, Cragin, Davis of West Virginia, Fenton, Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hamilton of Tex?s, Hill, Hitchcock, Johnston, Kelly, Logan, Norwood, Pratt, Saulsbury, Seott, Sprague, Stevenson, Stewart, Tipton, Trumbull, Vickers, Wright—28.

Mr. Sumner then offered the civil rights bill as amended as an addition to the pending bill; which was agreed to—yeas 28, nays 28; the Vice President voting in the affirmative:

Yeas—Messrs. Ames, Anthony, Buckingham, Caldwell, Cameron, Clayton, Conkling, Corbett, Edmunds, Ferry of Michigan, Flanagan, Gilbert, Harlan, Howe, Kellogg, Morrill of Vermont, Morton, Osborn, Pomeroy, Pool, Ramsey, Rice, Spencer, Sumner, West, Wilson, Windom, Wright—28.

Nays—Messrs. Alcorn, Boreman, Carpenter, Cas- > serly, Cooper, Cragin, Davis of West Virginia, Fenton. Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hamilton of Texas, Hill, Hitchcock, Johnston, Kelly, Lewis, Logan, Norwood, Pratt, Saulsbury, Scott, Sprague, Stevenson, Stewart, Tipton, Trumbull, Vickers—28.

In the Senate, on concurring in the amendment reported from the Committee of the Whole to the amnesty bill, the vote was— yeas 27, nays 25:

Yeas Messrs. Ames, Anthony, Buckingham, Caldwell, Clayton, Conkling, Corbett, Edmunds, Ferry of Michigan, Flanagan, Gilbert, Harlan, Howe, Kellogg, Lewis, Morrill of Vermont, Morton, Osborn, Pomeroy, Pool, Ramsey, Rice, Spencer, Sumner, Wilson, Windom, Wright—27.

Nays—Messrs. Alcorn, Boreman, Carpenter, Casserly, Cooper, Davis of West Virginia, Fenton, Ferry of Connecticut, Goldthwaite, Hamilton of Maryland, Hill, Hitchcock, Johnston, Kelly, Logan, Norwood, Pratt, Saulsbury, Scott, Sprague, Stevenson, Stewart, Tipton, Trumbull, Vickers—25.

Mr. Morton moved to amend the second section of the amnesty bill by requiring the party to swear "that he is not, and has not been at any time within two years preceding the passage of this act, a member of either of the organizations commonly known by the names of the 'Invisible Empire of America,' the 'White Brotherhood,' or the 'Constitutional Union Guard,' respectively, nor of any branch of the organization commonly known as the 'KuKluxKlan ;' " which was agreed to—yeas 30, nays 17:

Yeas—Messrs. Alcorn, Ames, Boreman, Buck" ingham, Caldwell, Clayton, Corbett, Cragin, Ed

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