198 



CONGRESS, UNITED STATES. 



Prindle, Eainey, Ellis H. Eoberts, Eusk, Sawyer, 

 Sessions, Shanks, Sheldon, Shellabarger, H. Board- 

 man Smith, John A. Smith, Snyder, Sprague, 

 Starkweather, Stevenson, Strong, Sypher, Taffe, 

 Thomas, Washington Townsend, Turner, Twichell, 

 Tyner, Wakeman, Walden, Wallace, Walls, White- 

 ley Willard, W illiams of Indiana, Jeremiah M. Wil- 

 son, and John T. Wilson 102. 



NAYS Messrs. Acker, Archer, Arthur, Beck, 

 Bell, Biggs, Bird, James G. Blair, Braxton, Bright, 

 Brooks. Caldwell, Campbell, Carroll, Comingo, Con- 

 ner, Critcher, Crossland, Dox, Du Bose, Duke, El- 

 dredge, Farnsworth, Forker, Henry D. Foster, Gar- 

 rett, Getz, Giddings, Golladay, Haldeman, Hamble- 

 ton, Hancock, Handley, Hanks, Harper, John T. 

 Harris, Hereford, Hibbard, Holman, Kendall, Kerr, 

 Kins, Lamison, Lewis, Manson, Marshall, McClel- 

 land, McCormick, McHenry, Mclntyre, McNeely, 

 Merrick, Morgan, Niblack, Potter, Price, Eandall, 

 Kead, Edward Y. Eice, John M. Eice, Eitchie, Wil- 

 liam B. Eoberts, Sion H. Eogers, Sherwood, Snober, 

 Slater, Slocum, Sloss, Stevens, Storm, Swann. Terry, 

 Waddell, Warren, Wells, Whitthorne, Williams of 

 New York, Winchester, and Young 79. 



NOT VOTING Messrs. Adams, Ambler, Barnum, 

 Barrv, Austin Blair, Boles, Clark, Cox, Crebs, Cree- 

 ly, Davis, Dickey, Ely, Farwell, Griffith, Hale, 

 Herndon, Hooper, Kinsella, Lamport, Leach, Lynch, 

 McCrary, McKinney, Benjamin F. Meyers, Mitchell, 

 Moore, Morey, Morphis, Negley, Orr, Hosea W. Par- 

 ker, Isaac C. Parker, Eli Perry, Porter, Eobinson, 

 John Eogers, Eoosevelt, Sargent, Scofleld, Seeley, 

 Shoemaker, Worthington C. Smith, Snapp, E. 

 Milton Speer, Thomas J. Speer, Stoughton, Stowell, 

 St. John 'Sutherland, Dwight Townsend, Tuthill, 

 Upson, Van Trump, Vaughan, Voorhees, Waldron, 

 Wheeler, and Wood 59. 



So the report of the committee of conference 

 was agreed to. 



In the Senate, on the same day, the final re- 

 port of the committee of conference was pre- 

 sented, when Mr. Stevenson, of Kentucky, 

 said : " I did not sign that report, for the rea- 

 son that I did not believe Congress had any 

 authority to exercise power over the State 

 elections under the Constitution of the United 

 States; but, if Congress had the power, I 

 should not very much object to the proviso 

 here as it is in the amendment. Believing as 

 I do that the power is not within the consti- 

 tutional competency of Congress, I shall vote 

 against the report." 



The question of concurrence being taken 

 by yeas and nays, resulted as follows : 



YEAS Messrs. Alcorn, Ames, Anthony, Boreman, 

 Buckingham, Caldwell, Carpenter, Chandler, Clay- 

 ton, Cole, Conkling, Corbett, Cragin, Edmunds, 

 Ferry of Michigan, Flanagan, Frelinghuysen, Harlan, 

 Howe, Kellogg, Logan, Morrill of Maine, Morrill of 

 Vermont, Morton, Nye, Osborn, Pomeroy, Pool, 

 Pratt, Eamsey, Eobertson, Sawyer, Scott, Sherman, 

 Spencer, Stewart, Sumner, West, and Windom 39. 



NAYS Messrs. Bayard, Blair , Casserly, Cooper, 

 Fenton, Hamilton of Texas, Kelly, Norwood, Ean- 

 som, Saulsbury, Sprague, Stevenson, Stockton, Thur- 

 man, Tipton, Trumbull, and Vickers 17. 



ABSENT Messrs. Brownlow, Cameron, Davis of 

 Kentucky, Davis of West Virginia, Ferry of Connecti- 

 cut, Gilbert, Goklthwaite, Hamilton of Maryland, 

 Hamlin, Hill, Hitchcock, Johnston, Lewis, Patter- 

 son, Eice, Schurz, Wilson, and Wright 18. 



So the report was concurred in. 



On May 17th, the Senate, as in Committee 



of the Whole, proceeded to consider the bill 

 to extend the provisions of the fourth section 

 of the act approved April 20, 1871. 

 The Chief Clerk read as follows : 

 Be it enacted, etc., That the provisions of the foui 

 section of the act approved April 20, 1871, entitle 

 " An act to enforce the provisions of the fourteent 

 amendment to the Constitution of the United State 

 and for other purposes," shall continue in force ui 

 til the end of the next regular session of Congress. 



Mr. Scott, of Pennsylvania, said: ^.i. 

 President, this bill proposes to continue in 

 force until the end of the next regular session 

 of Congress the provisions of the fourth sec- 

 tion of the act of April 20, 1871, which I ask 

 the Secretary to read." 



The Chief Clerk read as follows : 

 SEC. 4. That whenever in any State or part of a 

 State the unlawful combinations named in the pre- 

 ceding section of this act shall be organized and 

 armed, and so numerous and powerful as to be able, 

 by violence, to either overthrow or feet at defiance 

 the constituted authorities of such State, and of the 

 United States within such State, or when the con- 

 stituted authorities are in complicity with, or shall 

 connive at the unlawful purposes of, such powerful 

 and armed combinations ; and whenever, by reason 

 of either or all of the causes aforesaid, the convic- 

 tion of such oifenders and the preservation of the 

 public safety shall become in such district impracti- 

 cable, in every such case such combinations shall be 

 deemed a rebellion against the Government of the 

 United States, and during the continuance of such 

 rebellion, and within the limits of the district which 

 shall be so under the sway thereof, such limits to be 

 prescribed by proclamation, it shall be lawful for the 

 President of the United States, when in his judg- 

 ment the public safety shall require it, to suspend 

 the privileges of the writ of habeas corpus, to the end 

 that such rebellion may be overthrown : Provided, 

 That all the provisions of the second section of an 

 act entitled An act relating to habeas corpus, and 

 regulating judicial proceedings in certain cases^" 

 approved March 3, 1863, which relate to the dis- 

 charge of prisoners other than prisoners of war, and 

 to the penalty of refusing to obey the order of the 

 court, shall be in full force so far as the same are 

 applicable to the provisions of this section: Provided 

 further, That the President shall first have made 

 proclamation, as now provided by law, commanding 

 such insurgents to disperse : And provided also , That 

 the provisions of this section shall not be in force 

 after the end of the next regular session of Congress. 



Mr. Scott : " Mr. President, these provisions 

 and the proposition to extend them suggest 

 the following inquiries : 



" 1. Are there unlawful combinations or- 

 ganized and armed in any State or parts of 

 any State ? 



"2. Are they so numerous and powerful as 

 to be able by violence to either overthrow or 

 set at defiance the constituted authorities of 

 the State and of the United States within 

 such State ? 



"3. Are the constituted authorities in com- 

 plicity with or do they connive at the unlaw- 

 ful purposes of such combinations ? 



"4. Is the conviction of offenders or the 

 preservation of the public safety impracticable 

 by reason of all or either of these causes ? 



"5. If the conviction of offenders and the 

 preservation of the public safety be not at the 



