CONGRESS, UNITED STATES. 



150 



Messrs. Anthony, Cameron, Cattail, 

 I'ool, uii'l Sprutfue 6. 



bo aiiu'inliiii-nt was agreed t<>. 



Mr. Wilson, of Massachusetts: "I now raovo 

 i.'iid tho bill t>v adding: 

 ' prov'uled furthtr, That tho constitution of 

 Vir/'miii shall novor bo so ainoDdud or changed as to 

 u!iv citizen or class of citizens of tho United 

 <>f the school rights and privileges secured by 

 institution of said State." 



Tho Vioo-President : "The question is on 

 the amendment of tho Senator from Massa- 

 chusetts." 



The vote being taken, resulted as follows : 



Y i. \a Messrs. Abbott, Anthony, Boreman, Brown- 

 low, Buckingham, Chandler, Cragin, Drake, Ed- 

 munds, (rilbert, Hanilin, Harlan, Harris, Howard, 

 . McDonald, Morrill of Vermont, Morton, 

 Osborn, Patterson, Pomeroy, Pratt, Kamsey, Rice, 

 Robertson. Schurz, Spencer, Sumner, Thayer, Wil- 

 son, and Vates 31. 



NATS Messrs. Bavard ; Carpenter, Casserly. Colo, 

 Conk ling, Corbett, Davis, Fenton, Ferry, Fowler, 

 Hamilton, Kallogg, Morrill of Maine, Norton, Nye, 

 Rosa, Saulsbury, Sawyer, Scott, Sherman, Stewart, 

 Stock ton.Thurman, Tipton, Trumbull, Vickers, 

 Wiirner, Willey, and Williams 29. 



ABSENT Messrs. Cameron, Cattell, McCreery, 

 Pool, and Sprague 5. 



So the amendment was agreed to. 



Mr. Morton : " I send now to the Chair a 

 substitute for the preamble of the House bill." 



Tho Chief Clerk read the amendment, which 

 was, to strike out the preamble of the bill, 

 and in lieu thereof to insert : 



Whereas the people of Virginia have framed and 

 adopted a constitution of State government which 

 is republican ; and whereas the Legislature of Vir- 

 ginia elected under said constitution and in pursu- 

 ance of the reconstruction acts of Congress has rati- 

 fied the fourteenth and fifteenth amendments to the 

 Constitution of the United States ; and whereas the 

 performance of these several acts in good faith was 

 a condition precedent to tho representation of the 

 State in Congress : Therefore. 



The question being taken by yeas and nays, 

 resulted as follows : 



YEAS Messrs. Abbott, Anthony, Boreman, Brown- 

 low, Buckingham, Chandler, Cole, Cragin, Drake, 

 Edmunds, Fenton, Gilbert, Ilamlin, Harlan, Harris, 

 Howard, Howe, McDonald, Morrill of Maine, Morrill 

 of Vermont, Morton, Osborn, Patterson, Pomeroy, 

 Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, 

 Scott, Spencer, Suniner, Thayer, Tipton, Willey, 

 Williams,Wilson, and Yates 39. 



NATS Messrs. Bayard, Carpenter, Cassorly, 

 Conkling. Corbott, Davis, Ferry, Fowler, Hamilton, 

 Kellogg, Norton, Nye, Saulsbury, Sherman, Stewart, 

 Stockton, Thurman, Trumbull, Vickers, and War- 

 ner 20. 



ABSENT Messrs. Cameron, Cattell, McCreery, 

 Pool, Ross, and Sprague 6. 



So the amendment to the preamble was 

 agreed to. 



Mr. Thurman, of Ohio, said: "As anxious 

 as I have been for the restoration of Virginia 

 to her rights, I cannot vote for an unconstitu- 

 tional bill, at least one that I am clear in my 

 own mind is unconstitutional, even to effect 

 that purpose. Tho amendments that have 

 baen put on this bill to-day make it, in my 



judgment, plainly unconstitutional ; and I shall, 

 thcrct'un-, be compelled to vote against it." 



Mr. Htockton, of New Jersey, said: "I am 

 constrained, also, to vote against this bill, and 

 in one word my reason for it is this : I look 

 upon it as a bill to exclude Virginia perpetu- 

 ally from being an equal State in this Union." 



Mr. Saulsbury, of Delaware, said : "I have 

 determined for tho last hour not to vote for 

 this bill I would rather leave Virginia soli- 

 tary and alone forever, as she is now, than 

 consent to thus deprive her of her equal 

 rights. She haa been glorious in the past, 

 and I will not degrade her now by my vote." 



Mr. Bayard, of Delaware, said : " One word, 

 sir; not to detain the Senate. I came here 

 with the oath upon my lips to sustain the Con- 

 stitution of the United States. The 'United 

 States ' means equal States united, and I never 

 will consent that a member of this Union, es- 

 pecially so glorious and respected a member 

 as the State of Virginia, shall come into these 

 Halls by my vote any thmg else than the full 

 peer and equal of any of the rest. For that 

 reason I shall not vote in favor of her in- 

 equality, which is what this bill now provides 

 for." 



Mr. Casserly, of California, said : " Mr. Presi- 

 dent, with sincere sorrow I find myself in 

 a 'position, by the action of this body to-day, 

 where I shall be obliged to vote against this 

 bill. As the Senator from Ohio has stated, the 

 amendments made to it I regard as unconsti- 

 tutional, and I decline to vote to place upon 

 the State of Virginia these badges of conquest, 

 of inferiority, and of insult." 



Mr. Hamilton, of Maryland, said : " Mr. Presi- 

 dent, it is with sincere regret that I am con- 

 strained to cast my vote against this bill. I 

 cannot, in justification to myself and the views 

 I entertain, cast my vote in favor of it as it is 

 now presented to the consideration of the 

 Senate." 



Mr. Vickers, of Maryland, said : " I have 

 never believed, sir, that Virginia was out of 

 the Union. Therefore I decline to vote that 

 she shall come into the Union. I would cheer- 

 fully vote for the original proposition, that she 

 is entitled to representation. My opinion is, 

 that she has always been entitled to repre- 

 sentation in the Union ; but, clogged as this 

 bill is with these unconstitutional provisions, 

 I shall bo obliged to vote in the negative." 



Mr. Norton, of Minnesota, said: "As the 

 indulgence of the Senate seems to have been 

 given, in violation of the understanding, to 

 Senators to explain the reasons of the vote 

 they shall give on the passage of this bill, I 

 avail myself of tho courtesy of the Senate in 

 that regard. I shall not vote for this bill, for 

 the reason that I am unwilling to put upon 

 the record my assent to tho proposition that 

 the Congress of the United States can make 

 constitutions for any State." 



The vote was then announced as follows : 



YEAS Messrs. Abbott, Anthony, Boroman, Brown- 



