168 



CONGRESS, UNITED STATES. 



the case may be, for trial before such court as by this 

 act has cognizance of the offence. 



SEC 5. And bett further enacted, That every citizen, 

 unlawfully deprived of any of the rights ot citizen- 

 ship secured by this act, under any pretence ot race 

 or color, may maintain a suit against any person so 

 depriving him, and recover damages in the district 

 court of the United States for the district in which 

 such person may be found. 1 ' 



The question being taken by yeas and nays, 

 resulted yeas 9, nays 47 ; as follows : 



YEAS Messrs. Edmunds, McDonald, Nye, Boss, 

 Sumner, Thayer, Wade, Wilson, and Yates 9. 



NAYftHesBn. Abbott, Anthony, Bayard, Bucka- 

 lew, Cameron, Chandler, Cole, Conkling. Conness, 

 Corbett, Cragin, Davis, Dixon, Doolittle, Drake, 

 Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, 

 Harlan Harris, Hendricks, Howe, McCreery, Mor- 

 gan Morrill of Maine, Morrill of Vermont, Morton, 

 Patterson of New Hampshire, Pool, Ramsey, Bice, 

 Robertson, Saulsbury, Sawyer, Sherman, Spencer, 

 Sprague, Stewart, Trumbull, Van Winkle, Vickers, 

 Warner, White, Willey, and Williams 47. 



ABSENT Messrs. Cattell. Henderson, Howard, 

 Kellogg, Norton, Osborn, Patterson of Tennessee, 

 Pomeroy, Tipton, and Welch 10. 



So the amendment was rejected. 



The joint resolution was reported to the Sen- 

 ate as amended. 



The President pro tempore : " The question 

 is on concurring in the amendment made as in 

 Committee of the Whole." 



The amendment made as in Committee of 

 the Whole was concurred in. 



Mr. Morton : " I desire to renew the amend- 

 ment I offered in regard to electing electors 

 directly by the people, which was to insert as 

 an additional article the following : 



ABTICLE XVI. The second clause, first section, 

 second article 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 Representatives in Congress, a number of 

 electors equal to the whole number of Senators and 

 Representatives to which the State may be entitled 

 in the Congress ; but no Senator or Representative, 

 or person holding an office of trust or profit under 

 the United States, shall be appointed an elector ; and 

 the Congress shall have power to prescribe the man-' 

 ner in which such electors shall be chosen by the 

 people." 



The result was announced as follows : 



YEAS Messrs. Buckalew, Cameron, Cattell, Cole, 

 Conkling, Conness, Corbett, Dixon, Doolittle, Ferry, 

 Fessenden, Fowler, Grimes, Harlan, Howe, Kellogg, 

 McDonald, Morrill of Maine, Morton, Osborn, Pat- 

 terson of New Hampshire, Pool, Ramsey, Rice, Rob- 

 ertson, Ross, Sawyer, Spencer, Thayer, Vickers, 

 Wade, Warner, Welch, Whyte, Willey, Williams, 

 and Wilson 37. 



NAYS Messrs. Abbott, Chandler, Cragin, Davis, 

 Drake, Edmunds, Frelinghuysen, Harris/Hendricks, 

 McCreery, Morgan, Morml of Vermont, Patterson of 

 Tennessee, Saulsbury, Sherman, Stewart, Trumbull, 

 Van Winkle, and Yates 19. 



ABSENT Messrs. Anthony, Bayard, Henderson, 

 Howard, Norton, Nye, Pomeroy, Sprague, Sumner, 

 and Tipton 10. 



So the amendment was agreed to. 



Mr. Morton : " There is another amendment 

 connected with this, providing for its separate 

 submission, which should be adopted along 

 with the amendment, so that there will be no 

 controversy about that." 



Mr. "Wilson : " I suggest to the Senator from 

 Indiana that he is periling the whole measure 

 by this proposition." 



Mr. Morton : "I move to amend the pre- 

 liminary part of the- resolution so as to make 

 it read : 



Be it resolved, etc. (two-thirds of both Houses con- 

 curring), That the following articles be proposed to 

 the Legislatures of the several States as amendments 

 to the Constitution of the United States, either of 

 which, when ratified by three-fourths of said Legis- 

 latures, shall be held as part of said Constitution." 



The resolution was read the third time. 



Mr. Wilson: "I move the reconsideration 

 of the vote ordering the joint resolution to a 

 third reading." 



The motion to reconsider was agreed to. 



Mr. Wilson : " Now, I move to reconsider 

 the vote by which the amendment was adopt- 

 ed." 



Mr. Anthony: "I move to recommit the 

 whole subject to the Committee on the Judici- 

 ary." 



The motion to recommit was not agreed to. 



The amendments were ordered to be en- 

 grossed, and the joint resolution to be read a 

 third time. 



The resolution was read the third time. 



The President pro tempore : "On the pas- 

 sage of this resolution the yeas and nays must 

 be taken to ascertain whether the constitu- 

 tional two-thirds required is obtained. The 

 Clerk will therefore call the roll." 



The question being taken by yeas and nays, 

 resulted yeas 39, nays 16 ; as follows : 



YEAS Messrs. Abbott, Cameron, Cattell, Chan- 

 dler, Cole, Conkling, Conness, Cragin, Drake, Ferry, 

 Harlan, Harris, Howe, Kellogg, McDonald, Morgan, 

 Morrill of Maine, Morrill of Vermont, Morton, Nye, 

 Osborn, Pool, Ramsey, Rice, Robertson, Ross, Saw- 

 yer, Sherman, Spencer, Stewart, Thayer, Van Winkle, 

 Wade, Warner, Welch, Willey, Williams, Wilson, 

 and Yates 39. 



NATS Messrs. Anthony, Bayard, Corbett, Davis, 

 Dixon, Doolittle, Edmunds, Fowler, Grimes, Hen- 

 dricks, McCreery, Patterson of Tennessee, Saulsbury, 

 Sprague, Vickers, and Whyte 16. 



ABSENT Messrs. Buckalew, Fessenden, Freling- 

 huysen, Henderson, Howard, Norton, Patterson of 

 New Hampshire, Pomeroy, Sumner, Tipton, and 

 Trumbull 11. 



The President pro tempore : " Two-thirds 

 having voted in the affirmative, the joint reso- 

 lution is passed." 



In the House, on February 15th, Mr. Bout- 

 well, of Massachusetts, moved to take up the 

 amendments of the Senate to the House joint 

 resolution, which was agreed to, and the 

 amendments of the Senate read as follows : 

 Line two add the letter " s " to the word' " article." 

 Line three strike out the word " an" and add " s" 

 to " amendment." 



Line four, after " State," insert " either of." 

 After line six insert "first amendment." 

 Strike out the first section and insert in lieu thereof: 

 No discrimination shall be made in any State 

 among the citizens of the United States in the exer- 

 cise of the elective franchise or in the right to hold 

 office in any State, on account of race, color, nativity, 

 property, education, or creed. 



