CONGRESS, UNITED STATES. 



173 



Lewis, Merrill of Maine, Nye, Patterson, Kamsey, 

 Kansom, Robertson, Sawyer, Schurz, Stockton, Thur- 

 man, and Wright 19. 



So the amendment to the amendment was 

 agreed to. 



Mr. Trumbull said : "I move to strike out 

 the first, second, third, fourth, and fifth sec- 

 tions of the amendment as amended. My 

 object in making that motion is to bring the 

 Senate to a direct vote on the amendment 

 of the Senator from Massachusetts, and I trust 

 the Senate will vote it down, and then we 

 shall have the amnesty bill, and let us pass it." 

 Mr. Wilson : " What sections? " 

 Mr. Trumbull : " My motion is to strike out 

 all of the amendment as proposed by the Sen- 

 ator from Massachusetts from the amendment 

 as amended. 



u I will say one word, that it may be under- 

 stood what my object is and the effect of this 

 motion. I am in favor of an amnesty bill. 

 The House of Representatives has sent us such 

 a bill. I regard this attempt to put something 

 else upon it as an effort to defeat the amnesty 

 bill ; that is the effect of it ; and whatever in- 

 fluences Senators may vote under, however 

 the Senator from Ohio may undertake to force 

 the House of Representatives to come to a 

 vote on some other measure by his action 

 here, the whole country and the whole world 

 will understand that this is an effort to defeat 

 amnesty." Now, let us have a direct vote on 

 the proposition of the Senator from Massa- 

 chusetts, and know whether amnesty is to be 

 defeated by forcing white and colored children 

 into the same schools, and by undertaking to 

 force in the State courts certain persons upon 

 juries and to regulate the jury systems of the 

 various States, and other provisions of that 

 kind." 



The Yice-President : " The question is on 

 the amendment to the amendment, offered by 

 the Senator from Illinois, to strike out from 

 this amendment, now containing seven sec- 

 tions, the first five sections." 

 The question being taken, resulted as follows : 

 YEAS Messrs. Alcorn, Bayard, Boreman, Car- 

 penter, Casserly, Cooper, Corbett, Cragin, Davis of 

 West Virginia, Fenton, Ferry of Connecticut, Gold- 

 thwaite, Hamilton of Maryland, Hamilton of Texas, 

 Hill, Hitchcock, Johnston, Kelly, Logan, Norwood, 

 Pratt, Saulsbury, Scott, Sprague, Stevenson, Stewart, 

 Tipton, Trumbull, and Vickers 29. 



NAYS Messrs. Ames, Anthony, Buckingham, 

 Caldwell, Cameron, Chandler, Clayton, Conkling, 

 Edmunds, Ferry of Michigan, Flanagan, Gilbert, 

 Hamlin, Harlan, Howe, Kellogg, Morrill of Vermont, 

 Morton, Osborn, Pomeroy, Pool, Ramsey, Rice, 

 Sherman, Spencer, Sumner, "West, Wilson, and 

 Windom 29. 



ABSENT Messrs. Blair, Brownlow, Cole, Davis of 

 Kentucky, Frelinghuysen, Lewis, Morrill of Maine, 

 Nye, Patterson, Ransom, Robertson, Sawyer, Schurz, 

 Stockton, Thurman, and Wright 16. 



The Yice-President : " On this question the 

 Senate are equally divided. The Chair votes 

 in the negative, and the first five sections are 

 not stricken out." 



Mr. Vickers, of Maryland, said : "I move to 



amend the amendment in section one, lines 

 fourteen and fifteen, by striking out the words 

 ' or State.' My object is to confine the opera- 

 tion of this bill, in regard to cemetery associa- 

 tions and benevolent institutions, to such as 

 are incorporated by national authority, not by 

 State authority. I know of no power in the 

 General Government to interfere with State 

 corporations, for they are contracts between 

 the State and the corporators, and, being in 

 the nature of a contract, the General Govern- 

 ment has no right'to interfere with it. Even 

 the State cannot interfere after the contract is 

 once made. I desire to confine this to institu- 

 tions incorporated by the national Govern- 

 ment, and not to any incorporated by State 

 authority." 



Mr. Boreman : "I think this amendment 

 should prevail, and I will state my reason in a 

 moment. It seems to me that this provision, 

 if allowed to remain as it is, is an invasion of 

 private life. It is a declaration that cemetery 

 companies and benevolent institutions, incor- 

 porated by State or national authority, shall 

 not be allowed to manage their own property. ' 

 That is the effect of it. 



" So in regard to benevolent institutions. 

 "What right have we to say that a benevolent 

 institution, simply because they get a dozen 

 lines of a charter to allow them to transact 

 business in a chartered name, owning a private 

 house in which to meet for benevolent pur- 

 poses, shall be compelled to allow anybody 

 and everybody to come in there ? The bill 

 makes no exception in regard to secret asso- 

 ciations. It applies to them as well as^to 

 others. It does seem to me that this is going 

 too far, and that this provision, if it is to be 

 retained at all, ought to be limited to those 

 organizations that are incorporated by national 

 authority. I may be wrong about this matter ; 

 but, as I remarked yesterday, it seems to me 

 an invasion of private rights that I cannot 

 support by my vote." 



Mr. Morton : " I should like to hear the 

 amendment reported again." 



The Chief Clerk : " The clause now reads : 

 4 By trustees and officers of cemetery associa- 

 tions and benevolent institutions incorporated 

 by national or State authority ; ' and it is pro- 

 posed to strike out the words ' or State.' " 



The Vice-President : "The yeas and nays 

 will now be taken on the amendment to the 

 amendment, offered by the Senator from 

 Maryland, to strike out the words ' or State.' " 



The result was announced yeas 21, nays 21. 



The Vice-President : "The Senate being 

 equally divided, the Chair votes in the affirm- 

 ative. The amendment to the amendment is 

 agreed to." 



Other amendments were adopted. 



The Vice-President : " The question now is 

 on agreeing to this amendment of the Senator 

 from Massachusetts as amended by the Senate, 

 which now embraces seven sections, as a sub- 

 stitute for the original House amnesty bill." 



