CONGRESS, UNITED STATES. 



167 



Cole, Conkling, Corbett.Dixon, Doolittle, Drake, 

 Edmunds, Fessenden ? Frelinghuysen, McCreery, 

 Morgan, Morrill of Maine, Morrill of Vermont, Nye, 

 Patterson of New Hampshire, Patterson of Tennes- 

 see, Bamsey, Saulsbury, Spencer, Sprague, Stewart, 

 Trumbull, Vickers, and Whyte 27. 



ABSENT Messrs. Bayard, Davis, Fowler, Hender- 

 son, Howard, Kellogg, Norton, and Pomeroy 8. 



So the amendment to the amendment was 

 agreed to. 



The President pro tempore: " The question is 

 on the amendment as amended." 



The amendment as amended was agreed to. 



Mr. Buckalew: "Now, I offer my amend- 

 ment, to add : 



That the foregoing amendment shall be submitted 

 ^or ratification to the Legislatures of the several 

 ' States the most numerous branches of which shall 

 be chosen next after the passage of this resolution." 



The yeas and nays were ordered, and re- 

 sulted as follows : 



YEAS Messrs. Bayard, Buckalew, Davis, Dixon, 

 Doolittle, Fowler, Hendricks, McCreery, Patterson 

 of Tennessee, Saulsbury, Van Winkle, Vickers, and 

 Whyte-13. 



NAYS Messrs. Abbott, Cameron, Cattell, Chan- 

 dler, Cole, Conkling, Conness, Corbett, Cragin, Drake, 



, , 



Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, 

 Harris, Howe, Morgan, Morrill of Maine, Morrill of 

 Vermont, Morton, Nye, Patterson of New Hamp- 

 shire, Pool, Eamsey, Eice, Kobertson, Boss. Sawyer, 



, , , , , . , 



Sherman, Spencer, Stewart, Sumner, Thayer, Tipton, 

 Trumbull, Wade, Warner, Welch, Willey, Williams, 

 Wilson, and Yates 43. 



ABSENT Messrs. Anthony, Grimes, Henderson, 

 Howard, Kellogg, McDonald, Norton, Osborn, Pome- 

 roy, and. Sprague 10. 



So the amendment was rejected. 



Mr. Dixon: "I now offer my amendment. 

 It is in the fourth line of the resolution to strike 

 out the words 'the Legislatures of and insert 

 ' conventions,' and in the sixth line to strike 

 out the word ' Legislatures ' and insert ' con- 

 ventions ; ' so as to read : 



That the following article be proposed to conven- 

 tions' in the several States as an amendment to the 

 Constitution of the United States, which, when rati- 

 fied by three-fourths of said conventions, shall be 

 held a part of said Constitution. 



" I ask that the question may be taken by 

 yeas and nays." 



The yeas and nays were ordered, and re- 

 sulted as follows : 



YEAS Messrs. Bayard, Buckalew, Davis, Dixon, 

 Doolittle, Hendricks, McCreery.Patterson of Ten- 

 nessee, Saulsbury, Vickers, and Whyte 11. 



NAYS Messrs. Abbott, Cameron, Cattell, Chan- 

 dler, Cole, Conkling, Conness, Corbett, Cragin Drake, 

 Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan. 

 Harris, Howe, Kellogg, McDonald, Morgan, Morrill 

 of Maine, Morrill of Vermont, Nye, Patterson of New 

 Hampshire, Pool, Eamsey, Kice, Eobertson, Eoss, 



O __ -_ CtT ___ __C1 ___ ___ r\* ' . f ... . ' 



ABSENT Messrs. Anthony, Fowler, Grimes, Hen- 

 derson, Howard, Morton, Norton, Osborn, Pomeroy, 

 and Sprague 10. 



So the amendment was rejected. 

 Mr. Morton : " I offer the following amend- 

 ment, which is reported unanimously by the 



Committee on Representative Reform, to come 

 in as an additional article : 



ARTICLE . The second clause, first section, article 

 two of the Constitution of the United States shall be 

 amended to read as follows : each State shall appoint, 

 by a vote of the people thereof qualified to vote for 

 Eepresentatives in Congress, a number of electors 

 equal to the whole number of Senators and Eepresent- 

 atives to which the State may be entitled in the Con- 

 gress ; but no Senator or Eepresentative, or person 

 holding an office of trust and profit under the United 

 States, shall be appointed an elector; and the Con- 

 gress shall have power to prescribe the manner in 

 which such electors shall be chosen by the people." 



The President pro tempore: "The question 

 is on agreeing to this amendment." 



The yeas and nays were ordered ; and, being 

 taken, resulted yeas 27, nays 29 ; as follows : 



YEAS Messrs. Buckalew, Cattell, Dixon, Doolit- 

 tle, Ferry, Fessenden, Fowler, Grimes, Hendricks, 

 Kellogg, McDonald, Morton, Patterson of New Hamp- 

 shire, Pool, Eice, Eoss, Sawyer, Spencer, Van Win- 

 kle, Vickers, Wade, Warner, Welch, Whyte, Willey, 

 Williams, and Wilson 27. 



NAYS Messrs. Abbott, Cameron, Chandler, Cole, 

 Conkling, Conness, Coroett, Cragin, Davis, Drake, 

 Frelinghuysen, Harlan, Harris^ Howe, McCreery, 

 Morgan, Morrill of Maine, Morrill of Vermont, Nye, 

 Patterson of Tennessee, Eamsey, Eobertson, Sher- 

 man, Sprague, Stewart, Sumner, Tipton, Trumbull, 

 and Yates 29. 



ABSENT Messrs. Anthony, Bayard, Edmunds, 

 Henderson, Howard, Norton, Osborn, Pomeroy, 

 Saulsbury, and Thayer 10. 



So the amendment was rejected. 



Mr. Sumner: "I move an amendment to 

 strike out all after the enacting clause and in- 

 sert the following : 



That the right to vote, to be voted for, and to hold 

 office, shall not be denied or abridged anywhere in the 

 United States under any pretence of race or color ; 

 and all provisions in any State constitutions or in 

 any laws, State, Territorial, or municipal, inconsist- 

 ent herewith are hereby declared null and void. 



SEC. 2. That any person who, under any pretence 

 of race or color, wilfully hinders or attempts to hin- 

 der any citizen of the United States from being regis- 

 tered, or from voting, or from being voted for, or 

 from holding office, or who attempts by menaces to 

 deter any such citizen from the exercise or enjoyment 

 of the rights of citizenship above mentioned, shall be 

 punished by a fine not less^than $100 nor more than 

 $3,000, or by imprisonment in the common jail for not 

 less than thirty days nor more than one year. 



SEC. 3. That every person legally engaged in pre- 

 paring a register of voters, or in holding or conduct- 

 ing an election, who wilfully refuses to register the 

 name or to receive, count, return, or otherwise give 

 the proper legal effect to the vote of any citizen 

 under any pretence of race or color, shall be pun- 

 ished by a fine not less than $500 nor more than 

 $4,000, or by imprisonment in the common jail for 

 not less than three calendar months nor more than 

 two years. 



SEC. 4. And be it, further enacted, That the district 

 courts of the United States shall have exclusive juris- 

 diction of all offences against this act ; and the dis- 

 trict attorneys, marshals, and deputy marshals, the 

 commissioners appointed by the circuit and territorial 

 courts of the United States, with powers of arresting, 

 imprisoning, or bailing offenders, and every other 

 officer specially empowered by the President of the 

 United States, shall oe, and they are hereby, required, 

 at the expense of the United States, to institute pro- 

 ceedings against any person who violates this act, and 

 cause him to be arrested and imprisoned or bailed, as 



