148 



CONGRESS, UNITED STATES. 



the several States as an amendment to the Constitu- 

 tion of the United States, which, when ratified by 

 three-fourths of said Legislatures, shall be valid as 

 part of said Constitution, namely :' 



ARTICLE . Representatives shall be apportioned 

 among the several States which may be included with- 

 in this Union according to their respective numbers, 

 counting the whole number of persons in each State, 

 excluding Indians not taxed : Provided, That when- 

 ever the elective franchise shall be denied or abridged 

 in any State on account of race or color, all persons 

 therein of such race or color shall be excluded from 

 the basis of representation. 



The question was then taken, on agreeing to 

 the joint resolution, aud passed by the follow- 

 ing vote : 



YEAS Messrs. Alley, Allison, Ames, Anderson, 

 James M. Ashley, Baker, Banks, Barker, Baxter, 

 Beaman, Benjamin, Bidwell, Bingham, Elaine, Blow, 

 Boutwell, Brandagee, Bromwell, Broomall, Buck- 

 land, Bundy, Reader W. Clark, Sidney Clarke, Cobb, 

 Conkling, Cook, Cullom, Darling, Davis, Dawes, 

 Defrees, Delano, Deming, Dixon, Donnelly, Eckley, 

 Esgleston, Farnsworth, Farquhar, Ferry, Garfield, 

 Grinnell, Griswold, Abner C. Harding, Hart, Hayes, 

 Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hub- 

 bard, Chester D. Hubbard, Demas Hubbard, John H. 

 Hubbard, James K. Hubbell, Hulburd, James Hum- 

 phrey, Ingersoll, Julian, Kasson, Kelley, Kelso, Ket- 

 cham, Kuykendall, Laflin, George V. Lawrence, Wil- 

 liam Lawrence, Longyear, Lynch, Marston, Marvin, 

 McClurg, Mclndoe, McKee, Mercur, Miller, Moor- 

 head, Morrill, Morris, Moulton, Myers, O'Neill, Orth, 

 Paine, Patterson, Perham, Pike, Plants, Pomeroy, 

 Price, Alexander H. Rice, John H. Rice, Rollins, 

 Sawyer, Schenck, Schofield, Shellabarger, Sloan, 

 Spalding, Starr, Stevens, Stillwell, Thayer, Francis 

 Thomas, John L. Thomas, Upson, Van Aernam, 

 Burt Van Horn, Robert T. Van Horn, Ward, War- 

 ner, Elihu B. Washburne, William B. Washburn, 

 Welker, Wcntworth, Williams, James F. Wilson, 

 Stephen F. Wilson, Windom, and Woodbridge - 120. 



NATS Messrs. Baldwin, Berger, Boyer, Brooks, 

 Chanler, Dawson, Denison, Eldridge, Eliot, Finck, 

 Grider, Hale, Aaron Harding, Harris, Hogan, Edwin 

 N. Hubbell, James M. Humphrey, Jenckes, Johnson, 

 Kerr Latham, Le Blond, Marshall, McCullough, Nib- 

 lack, Nicholson, Noell, Phelps, Samuel J. Randall, 

 William H. Randall, Raymond, Ritter, Rogers, Ross, 

 Rousseau, Shanklin, Sitgreaves, Smith, Strouse, 

 Tabor, Tavlor, Thornton, Trimble, Voorhees, Wha- 

 ly, and Wright 46. 



NOT VOTING Messrs. Ancona, Delos, K. Ashley, 

 Culver, Driggs, Dumont, Glossbrenner, Goodyear, 

 Henderson, Higby, Jones, Loan, McRuer, Newell, 

 Radford, Trowbridge, and Winfield 16. 



On January 23d, Mr. Henderson, of Oregon, 

 offered the following preamble and resolutions, 

 which were referred to the same joint com- 

 mittee : 



Whereas, the Constitution and Government of 

 the United States were ordained and established by 

 the people of the United States, and not by States in 

 their individual character, for the welfare and gen- 

 eral happiness of the whole people; and whereas the 

 doctrine that a State or States have the right to se- 

 cede or withdraw from the Government at pleasure 

 is most pernicious, and strikes at the foundation of 

 all government, and opens wide the door for univer- 

 sal anarchy and ruin : Therefore, 



Resolved, That no State or States can constitution- 

 ally or lawfully secede or withdraw from the United 

 --'fates Government ; nevertheless, either _the_ one or 

 the other can, by renouncing the Constitution and 

 .aws of the United States, and by waging war against 

 them, or adhering to their enemies in time of war, 

 forfeit their organization all their rights and privi- 



leges as a State or States, and their standing as sucl 

 in the Government. 



Resolved, That while States, by rebellion against 

 the General Government, forfeit their rights and ex- 

 istence as such, the United States lose none of their 

 rights or authority over the inhabitants of such 

 States ; and the government over all such territory 

 which has been forfeited by States, rightfully and 

 properly reverts to the United States. 



Resolved, That Congress has " power to dispose of 

 and make all needful rules and regulations respect- 

 ing the territory and other property belonging to the 

 United States.'* 



Resolved, That all the territory embraced within 

 the boundaries of what is generally known as the 

 State of Texas ought to be, under such rules and 

 regulations as Congress may prescribe, set apart to 

 the use and benefit of the colored people of the Uni- 

 ted States. 



Resolved, That the welfare of both races demands 

 that the colored people be separated from the whites 

 at the earliest practicable period, and that the col- 

 ored population of the United States be placed upon 

 suitable territory and protected as a dependency of 

 the United States. 



On January 30th, Mr. Kasson, of Iowa, offered 

 the following resolutions, which were referred 

 to the same joint committee : 



Resolved, That the joint Committee of Fifteen on 

 Reconstruction consider the expediency of proposing 

 the following several propositions to each of the 

 States lately in rebellion, for adoption by the Legis- 

 latures or conventions thereof, as a fundamental 

 compact between each of said States and the United 

 States, irrepealable without mutual consent: 



1. No ordinance, regulation, or law shall ever be 

 adopted by or have force within said State, which: 

 shall cause, intend, or permit the secession or with- 

 drawal of said State, or of the citizens thereof from 

 the Union of these States; or the release of the. offi- 

 cers or people of said State from their obedience to 

 the Constitution of the United States of America; or 

 from their allegiance to the constitutional Govern- 

 ment thereof. 



2. The right to bring and defend suits in all the 

 courts of said State, and to give testimony therein, 

 according to the usual course of law, shall be en- 

 joyed on equal terms by all persons resident therein, 

 irrespective of race or color; and all forfeitures, pen- 

 alties, and liabilities under any law, in any criminal 

 or other proceeding, for the punishment of any crime 

 or misdemeanor, shall be applied to and shall bear 

 upon all persons equally, without any distinction of 

 race or color. 



3. The right to acquire, hold, and dispose of prop- 

 erty, real, personal, and mixed, shall, in said State, 

 be enjoyed on equal terms by all naturalized citizens 

 and by all persons native-born, without distinction 

 of race or color. 



4. No law, ordinance, or regulation shall be adopt- 

 ed in said State, recognizing or creating any debt or 

 liability on the part of said State,' or of any munici- 

 pal or corporate authority within the jurisdiction 

 thereof, on account of credit, money, material, sup- 

 plies, personal services, or other consideration what- 

 soever, taken by or furnished to or for the aid of any 

 government or authority, or pretended government 

 or authority, or military or naval force, or military 

 or naval or civil officer, or pretended officer, hereto- 

 fore set up, or acting in hostility to the Government 

 of the United States, or so to be set up hereafter ; 

 but all such liabilities shall be void ; and no tax shall 

 ever be imposed, assessed, or collected by any au- 

 thority within said State on account thereof. 



On February 19th, Mr. Longyear, of MichU 

 gan, offered the following resolutions, and de- 

 manded the previous question : 



