CONGRESS, UNITED STATES. 



191 



Mr. Sumner : " Then follow the sections of 

 the civil rights bill, which it is not necessary 

 to read." 



Mr. Cole : " I hope the Senator from Massa- 

 chusetts has not sat here all night with the 

 idea that this is in order to be offered on this 

 bill. I think it is not in order. I raise the 

 point of order upon it." 



The Presiding Officer : " If the Senator 

 from California makes the question of order 

 under the rule, the Chair must rule upon it, 

 without any regard to the merits of the prop- 

 osition. The rule reads as follows : " 



And no amendment to any such bill making legis- 

 lative provisions, other than such as directly relate 

 to the appropriations contained in the bill, shall be 

 received. 



The Chair thinks that this is not in order 

 under that rule. 



Mr. Sumner : " I take an appeal from the 

 decision of the Chair." 



The Presiding Officer : The question then is, 

 Shall the decision of the Chair stand as the 

 judgment of the Senate ? " 



Mr. Sumner: "Mr. President, why is the 

 pending " 



The Presiding Officer: " If the Senator will 

 indulge the Chair one moment to make an- 

 other remark, the Chair apprehends that an 

 amendment to an amendment has no more 

 privileges than an original amendment, and if 

 a proposition is not in order as an original 

 amendment, it cannot be in order as an amend- 

 ment to an amendment." 



Mr. Sumner : " Why is the original amend- 

 ment in order, as has been ruled? It refers 

 especially to the act to enforce the rights of 

 citizens of the United States to vote in the 

 several States of this Union, and for other pur- 

 poses, that of 1871 being an amendment to the 

 earlier statute of 1870. According to its lan- 

 guage, it professes to supplement and amend 

 that act mark the words to supplement and 

 amend that act. Now, sir, I simply propose 

 to still further supplement and amend that 

 act. If you are right in the first case, you 

 will be right in the second case. Now listen 

 to section eighteen of that act of 1870." 



Mr. Conkling : " What act is that ? " 



Mr. Sumner : " The act the title of which I 

 have already read, the act to enforce the 

 rights of citizens of the United States to vote 

 in the several States of this Union, and for 

 other purposes, the eighteenth section of 

 which is as follows : " 



That the act to protect all persons in the United 

 States in their civil rights, and furnish the means of 

 their vindication, passed April 9, 1866, is hereby re- 

 enacted ; and sections sixteen and seventeen hereof 

 shall be enforced according to the provisions of said 

 act. 



" Now, mark sir. The original civil rights 

 act is reenacted in this statute of 1870. But 

 you are now amending this statute. How do 

 you obtain your present jurisdiction ? Because 

 there is an appropriation to carry out that 



statute. If the pending amendment is in 

 order, then a further amendment must be in 

 order, especially in view of the eighteenth sec- 

 tion, which I have read, which expressly em- 

 bodies and reenacts the civil rights law. If 

 you say that the amendment that I now move 

 is not in order, you virtually declare that the 

 pending amendment is not in order. One is 

 in order just as much as the other. Each is 

 to amend a statute which you are carrying out 

 by an appropriation." 



The question being taken by yeas and nays, 

 resulted yeas 33, nays 6. 



So the decision of the Chair was sustained. 



The Presiding Officer : " The question is on 

 the amendment offered by the Senator from 

 Louisiana (Mr. Kellogg)." 



The yeas and nays were ordered ; and, being 

 taken, resulted as follows : 



YEAS Messrs. Ames, Anthony, Boreman, Buck- 

 ingham, Caldwell, Chandler, Cole, Conkling, Cor- 

 bett, Cragin, Edmunds, Ferry of Michigan, Flana- 

 gan, Frelinghuy- sen, Howe, Kellogg, Logan, Morrill 

 of Maine, Morrill of Vermont, Nye, Osborn, Pom- 

 eroy, Pool, Pratt, Eamsey, Scott, Sherman, Spencer, 

 Stewart, Sumner, and Wilson 31. 



NAYS Messrs. Blair, Casserly, Cooper, Hamilton 

 of Maryland, Hamilton of Texas, Kelly, Norwood, 

 Eansom, Saulsbury, Sprague, Stephenson, and Stock- 

 ton 12. 



ABSENT Messrs. Alcorn, Bayard, Brownlow, 

 Cameron, Carpenter, Clayton, Davis of Kentucky, 

 Davis of West Virginia, Fenton, Ferry of Connecti- 

 cut, Gilbert, Goldthwaite, Hamlin, Harlan, Hill, 

 Hitchcock, Johnston, Lewis, Morton, Patterson, 

 Kice, Eobertson, Sawyer, Schurz, Thurman, Tipton, 

 Trumbull, Vickers, West, Windom, and Wright 31. 



So the amendment was agreed to. 



The amendments were ordered to be en- 

 grossed, and the bill to be read a third time. 

 The bill was read the third time. 



The result of the vote on the passage of the 

 bill was announced as follows : 



YEAS Messrs. Ames, Anthony, Boreman, Buck- 

 ingham, Caldwell, Chandler, Cole, Conkling, Corbett, 

 Edmunds, Ferry of Michigan, Flanagan, Frelinghuy- 

 sen, Harlan, Howe, Kellogg, Logan, Morrill of Maine, 

 Morrill of Vermont, Nye, Osborn, Pomeroy, Pool, 

 Pratt, Ramsey, Sawyer, Scott, Spencer, Stewart, 

 West, Wilson, and Windom 32. 



NATS Messrs. Blair, Casserly, Cooper, Fenton, 

 Hamilton of Maryland, Norwood, Kansom, Saulsbury, 

 Stephenson, Stockton 10. 



ABSENT Messrs. Alcorn, Bayard, Brownlow, 

 Cameron, Carpenter, Clayton, "Cragin, Davis of 

 Kentucky, Davis of West Virginia, Ferry of Con- 

 necticut, Gilbert. Goldthwaite, Hamilton of Texas, 

 Hamlin, Hill, Hitchcock, Johnston, Kelly, Lewis, 

 Morton, Patterson, Eice, Eobertson, Schurz, Sher- 

 man, Sprague, Sumner, Thurman, Tipton, Trumbull, 

 Vickers, and Wright 32. 



So the bill was passed. 



Mr. Cole : " I move that the bill be printed 

 immediately for the use of the House." 



The motion to print was agreed to. 



Mr. Cole : " I move that the Senate insist on 

 its amendments, and #sk for a conference com- 

 mittee in advance." 



The motion was agreed to ; and it was 

 ordered that the conferees be appointed by the 

 Chair. 



