CONGRESS, UNITED STATES. 



183 





nhull bo committed, the offender, on conviction of 



. | .lut ion of hiii.l m-rti.ms, shall IK- punished for 

 nit! with HiK'h punishment! u aru attached to 

 , i-rimr.", uinl mi.-olumi-aiior.*, by tho law* 

 State in which tho offence may be oomiuitu <!. 



Tho amendment to tho amendment was 



Mr. Carpenter : " I offer tho following am end- 

 in. -nt, to be added as a new section: 



be 'it further enacted, That any person who 

 ahull IT urj'rivt-d of or tail to be elected to any office 

 that (.f member of Congress or member of a 

 Legislature, by reason or a violation of any 

 I' tho ]'Mv'isi"!is of this act. or by reason of the de- 

 nial to any citizen of the right to vote on account of 

 l.is ruee, color, or previous condition of servitude, 

 shall ho entitled to hold such office and perform tho 

 duties and receive the emoluments thereof, and may 

 recover the possession of such office by quo warranto 

 or other appropriate proceeding in the circuit or 

 district court of tho United States for the proper 

 district, or in any State court having jurisdiction of 

 such proceedings. 



"This is substantially restoring the fifth sec- 

 tion of tho bill. I do not desire to take np 

 time, but to mako a remark explanatory of my 

 object in offering to restore this section. 1 f wo 

 have any authority and constitutional power to 

 legislate upon this subject at all, we have the 

 power to pass such a law as will effectuate the 

 purpose we have in view, to secure to the col- 

 ored man of the South the right of voting, and 

 the right of having the man for whom he votes 

 hold the office provided he has received a 

 majority of all the votes cast, or if he would 

 have received a majority if tho colored man 

 had been permitted to cast his vote. The 

 trouble with the bill as we are about to pass it, 

 without this section, is that it is a mere bill to 

 punish offences against that right, but it utterly 

 fails to enforce the right, as it is the duty of 

 Congress to do." 



Mr. Carpenter subsequently modified his 

 amendment by striking out the words "by 

 reason of the violation of any of the provisions 

 of this act," and inserting "who offered his 

 vote at the election." 



The yeas and nays were ordered ; and, being 

 taken, resulted as follows : 



YEAS Messrs. Cameron, Carpenter, Chandler, 

 Cole, Cragin, Flanagan. Gilbert, Hamilton of Texas, 

 Harris, Howe. Howell, McDonald, Nye, Osborn, 

 Ramsey, Revels, Rice, Robertson, Sawyer, Spencer, 

 Stewart, Sumner, Thayer, and Warner 24. 



NAYS Messrs. Abbott, Casserly, Corbett, Davis, 

 Hamilton of Maryland, Harlan, Howard, Johnston, 

 McCreery, Morton, Pomoroy, Pool, Pratt, Ross, 

 Scott, Stockton, Thurman, Trumbull, Vickers, Wil- 

 ley, Williams, and Yatos 22. 



ABSENT Messrs. Amos, Anthony, Bayard, Bore- 

 man, Brownlow, Buckingham, Catfcell, Genkling, 

 Drake, Edmunds. Fenton. Ferry, Fowler. Hamlin, 

 Kellogg, Lewis. Morrill or Maine, Morrill of Ver- 

 mont, Norton, Patterson, Saulsbury, Schurz, Sher- 

 man, Sprague, Tipton, and Wilson 26. 



So the amendment to the amendment was 

 agreed to. 



Mr. Howard, of Michigan, said : " I wish to 

 offer an amendment in section four, line three. 

 It now reads: 



That if any person, by force, bribery, threat*, 

 intimidation, or other unlawful mean*, nhall hinder, 

 delay, prevent, or obstruct, or attempt to hinder, 

 tit-lay, prevent, or obstruct, any citizen, etc. 



" I am not entirely satisfied with the phrase- 

 ology there. It appears to be too indefinite. 

 What is an 'attempt to hinder, delay, pre- 

 vent, or obstruct, any citizen ? ' 



"Strikeout 'attempt.' That is all I wish. 

 It seems to me that is too indefinite; it is 

 too vague; it will be found too difficult to put 

 in practice, to ascertain what is meant by the 

 word 'attempt.'" 



The amendment to the amendment was 

 agreed to. 



It was ordered that the amendment be en- 

 grossed, and tho bill read a third time. The 

 amendment was to strike out all of the House 

 bill after the enacting clause, and to insert in 

 lieu thereof the Senate bill. 



Tho bill was read the third time. 



The yeas and nays were ordered; and the 

 result was as follows : . 



YEAS Messrs. Abbott, Anthony, Brownlow, Cam- 

 eron, Carpenter, Chandler, Cole, Corbett, Cragin, 

 Flanagan ; Gilbert, Hamilton of Texas, Hamlin, Har- 

 lan, Harris, Howard, Howe, Howell.McDonald, Mor- 

 rill of Maine, Morton, Nye, Osborn. Patterson, Pome- 

 roy, Pool, Pratt, Ramsey, Revels, Rice, Ross, Sawyer, 

 Scott, Spencer, Sprasrue, Stewart, Sumner. Thayer, 

 Trumbull, Warner, Willey, Williams, and Yates-U.3. 



NAYS Messrs. Casserly. Davis, Fowler, Hamilton 

 of Maryland, Johnston, McCreery, Thurman, and 

 Vickers 8. 



ABSENT Messrs. Ames, Bayard, Boremfta, Buck- 

 ingham Cattell, Conkling, Drake. Edmunds, Fenton, 

 Ferry, Kellogg, Lewis, Morrill of Vermont, Norton, 

 Robertson, Saulsbury, Schurz, Sherman, Stockton, 

 Tipton, and Wilson 21. 



So the bill was passed. 



The House disagreed to the amendments of 

 tho Senate, and a committee of conference 

 was appointed, which reported some verbal 

 amendments and the following additions to the 

 bill. These were agreed to by each House. 



Provided, That every registration made under the 

 laws of any State or Territory, for any State or other 

 election at which such Representative or Delegate in 

 Congress shall be chosen, shall bo deemed to be a 

 registration within the meaning of this act, notwith- 

 standin,g the same shall also be made for the purposes 

 of any state, territorial, or municipal election. 



Insert the following, to come in as section twenty- 

 one : 



SEC. 21. And be it further enacted, That when- 

 ever by the laws of any State or Territory tho name of 

 any candidate or person to be voted for as Repre- 

 sentative or Delegate in Congress shall bo required to 

 be printed, writtenj or contained in any ticket or bal- 

 lot with other candidates or persons to bo voted for at 

 the same election for State, territorial, municipal, or 

 local officers, it shall be sufficient prima facie evi- 

 dence, either for the purpose of indicting or convict- 

 ing any person charged with voting or attempting or 

 offering to vote unlawfully under the provisions 

 of the preceding sections, or for committing either 

 of the offences thereby created, to prove that the 

 person charged or indicted voted, or attempted or 

 offered to vote, such ballot or ticket, or committed 

 cither of the offences named in tho preceding sections 

 of this act with reference to such ballot. And the 

 proof and establishment of such fact shall be taken, 

 held, and deemed to bo presumptive evidence that 



