CONGRESS. UNITED STATES. 



169 



nard. McClurg, Mercur, Moore, Moorhead, Morrell, 



Upson, Burt Van Horn, Eobert T. Van Horn, Ward, 

 Elihu B. Washburne, William B. Washburn, Welker, 

 Thomas Williams, James F. Wilson, John T. Wilson, 

 Stephen F. Wilson, and Wood bridge 77. 



NAYS Messrs. Adams, Arnell, Bailey, Beaman, 

 Beck, Bingham, Elaine, Boutwell, Brooks.Buckland, 

 Burr, Gary, Eldridge, Farnsworth, Fields, Fox, Glpss- 

 brenner, Golladay, Gravely, Haight, Holman, Eich- 

 ard D. Hubbard, Hulburd, Humphrey, Johnson, 

 Jones, Kerr, Knott, Lincoln, Mallory, Marshall, Mil- 

 ler, Mungen, Newcomb, Niblack, Nicholson, Paine, 

 Perham.Peters, Pile, Plants, Pruyn, Eoss, Sitgreaves, 

 Taber, Taylor, Thomas, John Trimble, Lawrence S. 

 Trimble, Van Auken, Van Trump, Van Wyck, Win- 

 dom, and Woodward 54. 



NOT VOTING Messrs. Allison, Archer, Axtell, 

 Barnes, Barnum, Benton, Blair, Boyer, Butler, Cake, 

 Chanler, Header W. Clarke, Cobb, Cornell, Donnelly, 



TTII -n" _ _ r\ G -i ji r\ .A n* *i J r\ . TT i 



George V. Lawrence, Logan, Lynch, Marvin, Mc- 

 Carthy, McCormick, McCullough, Morgan, Morris- 

 sey, Phelps, Pike, Eandall, Eobertson, Eobinson, 

 Schenck, Selye, Snellabarger, Starkweather, Aaron 

 F. Stevens, Stewart, Stokes, Stone, Trowbridge, Van 

 Aernam, Cadwalader C. Washburn, Henry D. Wash- 

 burn, William Williams, and Wood 58. 



The bill was then passed yeas 102, nays 30. 

 It was not taken up in the Senate. 



In the House, on May Yth, Mr. Stevens, from 

 the Committee on Reconstruction, reported a 

 bill for the admission of the State of Arkansas 

 to representation in Congress. The preamble 

 stated that the people of Arkansas, in pur- 

 suance of the provisions of an act entitled "An 

 act for the more efficient government of the 

 rebel States," passed March 2, 1867, and the 

 acts supplementary thereto, had framed and 

 adopted a- constitution of State government 

 which was republican in form, and the Legisla- 

 ture of said State had duly ratified the amend- 

 ment to the Constitution of the United States 

 proposed by the Thirty-ninth Congress, and 

 known as article fourteen. 



The bill then declared that the State of Ar- 

 kansas was entitled and admitted to representa- 

 tion in Congress, as one of the States of the 

 Union, upon the following fundamental condi- 

 tion: that the constitution of Arkansas shall 

 never he so amended or changed as to deprive 

 any citizen or class of citizens of the United 

 States of the right to vote who are entitled to 

 vote by the constitution herein recognized, ex- 

 cept as a punishment for such crimes as are 

 now felonies at the common law, whereof they 

 shall have been duly convicted. 



The hill was passed by the following vote : 



YEAS Messrs. Allison, Ames. Anderson, Arnell, 

 James M. Ashley, Bailey, Baldwin, Banks, Beaman, 

 Beatty, Benjamin, Benton, Elaine, Blair, Boutwell, 

 Bromwell, Broomall, Buckland, Butler, Cake, 

 Churchill, Eeader W. Clarke, Sidney Clarke, Cobb, 

 Coburn, Cook, Covode, Cullom, Dodge, Donnelly, 

 Driggs, Eckley, Eggleston, Ela, Eliot, Farnsworth, 

 Femes, Ferry, Garfield, Gravely, Griswold, Halsey, 

 Harding, Higby, Hill, Hooper, Hopkins, Chester D. 

 Hubbard, Hunter, Jenckes, Judd; Julian, Kelsey, 



Laflin, George V. Lawrence, William Lawrence, Lin- 

 coln, Loughridge, Lynch, Marvin, McCarthy, Mc- 

 Clurg, Mercur, Miller, Moore, Moorhead, Morrell, 

 Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Per- 

 ham, Peters, Pike, Pile, Plants, Poland, Price, Rob- 

 ertson, Sawyer, Schenck, Scofield, Shanks, Smith, 

 Aaron F. Stevens, Thaddcus Stevens, Stewart, Stokes, 

 Taffe, Taylor, Thomas, Trowbridge, Twichell, Upson, 

 Van Aernam, Burt Van Horn, Van Wyck, Ward, 

 Cadwalader C. Washburn, Elihu B. Washburne, 

 Henry D. Washburn, Welker, William Williams, 

 James F. Wilson, Stephen F. Wilson, Windom, 

 Woodbridge, and the Speaker 110. 



NAYS Messrs. Adams, Baker, Beck, Cary, El- 

 dridge, Golladay, Grover, Holman, Hotchkiss, Rich- 

 ard D. Hubbard, Humphrey, Kerr, Knott, Loan, 

 Marshall, McCormick, Morgan, Mungen, Niblack, 

 Phelps, Pruyn, Eandall, Eobinson, Eoss, Sitgreaves, 

 Spalding. Stone, Taber, Van Auken, Van Trump, 

 Thomas Williams, and Woodward 32. 



NOT VOTING Messrs. Archer, Delos E. Ashley, 

 Axtell, Barnes, Barnum, Bingham, Boyer, Brooks, 

 Burr, Chanler, Cornell, Dawes, Dixon, Fields, Fin- 

 ney. Fox, Getz, Glossbrenner, Haight, Hawkins, 

 Asahel W. Hubbard, Hulburd, Ingersoll, Johnson, 

 Jones, Kelley, Ketcham, Kitchen, Koontz, Logan, 

 Mallory, Maynard, McCullough, Morrissey, Mullins, 

 Nicholson, Polsley, Pomeroy, Kaum, Selye, Shella- 

 barger, Starkweather, John Trimble, Lawrence S. 

 Trimble, Eobert T. Van Horn, William B. Wash- 

 burn, John T. Wilson, and Wood 17. 



In the Senate, on June 1st, Mr. Drake, of 

 Missouri, urged the following as an amend- 

 ment to the bill, by striking out and inserting 

 it after the fifth line : 



That there shall never be in Baid State any denial 

 or abridgment of the elective franchise, or of any 

 other right, to any person by reason or on account of 

 race or color, excepting Indians not taxed j and that 

 any such denial or abridgment shall authorize the ex- 

 clusion, while it continues, of said State from repre- 

 sentation in either House of Congress. 



Mr. Drake said : " Will it he denied that in 

 Congress alone is the right to admit States into 

 the Union ? Of course it will not. Will it be 

 denied that Congress is vested with a complete, 

 unquestioned, and unquestionable discretion as 

 to the admission of States? If denied, I ask 

 where is the provision of the Constitution 

 which fetters or limits that discretion ? That 

 instrument says nothing on this subject hut 

 that 'new States may be admitted by the Con- 

 gress into the Union.' Who has the right to 

 convert that * may ' into shall, and compel Con- 

 gress against its will to admit any State ? No 

 one here will contend that any such compul- 

 sory power exists anywhere, or that any State 

 can come into the Union without the consent 

 of Congress. 



" If, then, Congress has the sole, exclusive, 

 and discretionary power over this whole sub- 

 ject, it may prescribe the terms upon which 

 any State may be admitted into the Union ; 

 for the Constitution prescribes none ; and when 

 that instrument authorizes Congress to act on 

 any subject, without saying when, how, why, 

 or on what terms it shall act, the time, mode, 

 considerations, and terms of its action are as 

 absolutely in the discretion of Congress as if 

 the Constitution so declared in express words. 

 If this be not so, a State might come into the 

 Union when and how it pleased without any 



