182 



CONGKESS, UNITED STATES. 



question which lies at the foundation, whether 

 the States were in a condition and had the right 

 as well as the power (if you choose to admit 

 that) to send members here." 



The question was taken on the resolution, 

 and it was adopted by the following vote : 



YEAS Messrs. Anthony^ Brown, Chandler, Clark, 

 Conness, Cragin, Cceswell, Fessenden, Foster, 

 Grimes, Harris, Henderson, Howe, Kirkwood, Lane 

 of Indiana, Morrill, Nye, Poland, Pomeroy, Ramsey, 

 Sherman, Sprague, Sumner, Trumbull, Wade, Wil- 

 ley, Williams, Wilson, and Yates 29. 



NAYS Messrs. Buckalew, Cowan, Davis, Dixon, 

 Doolittle, Guthrie, Hendricks, Johnson, Lane of 

 Kansas, McDougall, Morgan, Nesmith, Norton, Rid- 

 dle, Saulsbury, Stewart, Stockton, and Van Winkle 

 18. 



ABSENT Messrs. Foot, Howard, and Wright 3. 



In the House, on February 26th, Mr. Mc- 

 Clurg, of Missouri, offered the following resolu- 

 tion, which was referred to the joint Committee 

 on Ke construction yeas 102, nays 27. 



Whereas, it is the opinion of this House, that the 

 continued contumacy in the seceding States renders 

 it necessary to exercise congressional legislation in 

 order to give the loyal citizens of those States pro- 

 tection in their natural and personal rights enume- 

 rated in the Constitution of the United States, and, 

 in addition thereto, makes it necessary to keep on 

 foot a large standing army to secure the present en- 

 joyment of those rights, to maintain the authority of 

 the national Government, and to keep the peace; 

 and whereas the country is already heavily burdened 

 by a war debt incurred to defend the .nationality 

 against an infamous rebellion, and it is neither just 

 nor politic to inflict this vast additional expense on 

 the peaceful industry of the nation : Therefore, 



Resolved, That it be referred to the joint committee 

 of fifteen of the Senate and House to ascertain whether 

 such contumacy be clearly manifest, aud if so to in- 

 quire into the expediency of levying contributions on 

 the disloyal inhabitants of such seceding States, to 

 defray the extraordinary expenses that will other- 

 wise be imposed on the General Government ; and 

 that said committee be instructed to report by bill 

 or otherwise. 



Mr. Bingham, from the joint committee, re- 

 ported the following: 



Resolved by the Senate and House of Representatives 

 of the United States of America in Congress assembled 

 (two-thirds of both Houses concurring), That the fol- 

 lowing article be proposed to the Legislatures of the 

 several States as an amendment to the Constitution 

 of the United States, which, when ratified by three- 

 fourths of the said Legislatures, shall be valid as part 

 of said Constitution, namely: 



ARTICLE . The Congress shall have power to make 

 all laws which shall be necessary and proper to secure 

 to the citizens of each State all privileges and immu- 

 nities of citizens in the several States, and to all per- 

 sons in the several States equal protection in the 

 rights of life, liberty, and property. 



Mr. Ashley, of Ohio, on March 5th, offered 

 the following: 



Resolved by the House of Representatives (the Senate 

 concurring), That the Constitution of the United 

 States confers on Congress ample power for the pro- 

 tection of the emancipated slaves and freedmen in 

 the States recently in rebellion. 



Resolved, That in behalf of the loyal American peo- 

 ple, the Congress of the United States pledge full and 

 complete protection to all loyal men, irrespective of 

 race or color, residing in the States recently in rebel- 



lion, and especially to the soldiers and sailors who 

 served in the Union army and navy, and to this end 

 the Congress will demand such guaranties as to them 

 shall seem sufficient, before recognizing any of the 

 new State governments which now are or which 

 hereafter may be organized, either under the order 

 and direction of the President or by an independent 

 movement of the loyal people in any such State. 



Resolved, That the Union party of the nation, rep- 

 resented in Congress, earnestly desire that all States 

 recently in rebellion shall, at the earliest moment 

 consistent with the safety of the national Union, be 

 restored to all the privileges, rights, and dignities of 

 the States of the American Union which have not 

 been in rebellion, and that so soon as constitutional 

 State governments are organized therein, which shall 

 secure, by constitutional provisions, the rights of all 

 loyal men, without regard to race or color, and when 

 the people of such States shall have elected men of 

 undoubted loyalty as Senators and Representatives, 

 the Congress of the United States will recognize such 

 government as the constitutional government of such 

 State. 



Resolved, That in addition to the foregoing, Con- 

 gress will also demand, as a condition to the com- 

 plete restoration of any reorganized State, the entire 

 exemption of every citizen from liability to taxation 

 for payment of the rebel debt, or reimbursement 

 either of expenditure incurred by State or local au- 

 thorities, in aid of the rebellion, or for loss incurred 

 by the emancipation of slaves. 



On April 30th, Mr. Stevens, of Pennsylvania, 

 from the joint committee, reported as follows: 

 A joint resolution proposing an amendment to the Constitu- 

 tion of the United States. 



Be it resolved ly the Senate and House of Represent" 

 atives of the United States of America in Congress 

 assembled (two-thirds of both Houses concurring), 

 That the following article be proposed to the Legis- 

 latures of the several States as an amendment to the 

 Constitution of the United States, which, wher rati- 

 fied by three-fourths of said Legislatures, shall be 

 valid as part of the Constitution, namely: 



ARTICLE . Sec. 1. No State shall make or enforce 

 any law which shall abridge the privileges or immu- 

 nities of citizens of the United States ; nor shall any 

 State deprive any person of life, liberty, or property 

 without due process of law ; nor deny to any person 

 within its jurisdiction the equal protection of the 

 laws. 



Sec. 2. Representatives shall be apportioned among 

 the several States which may be included within this 

 Union according to their respective numbers, count- 

 ing the whole number of persons in each State, ex- 

 cluding Indians not taxed. But whenever in any 

 State the elective franchise shall be denied to any 

 portion of its male citizens not less than twenty-one 

 years of age, or in any way abridged, except for par- 

 ticipation m rebellion or other crime, the basis of rep- 

 resentation in such State shall be reduced in the pro- 

 portion which the number of male citizens shall bear 

 to the whole number of such male citizens not less 

 than twenty-one years of age. 



Sec. 3. Until the 4th day of July, in the year_1870, 

 all persons who voluntarily adhered to the late insur- 

 rection, giving it aid and comfort, shall be excluded 

 from the right to vote for Representatives in Con- 

 gress, and for electors for President and Yice-Pres- 

 ident of the United States. 



Sec. 4. Neither the United States nor any State 

 shall assume or pay any debt or obligation already 

 incurred, or which may hereafter be incurred, in aid 

 of insurrection or of war against the United States, 

 or any claim for compensation for loss of involuntary 

 service or labor. 



Sec. 5. The Congress shall have power to enforce 

 by appropriate legislation the provisions of this 

 article. 

 Its consideration was postponed to a sub- 



