CONGRESS, UNITED STATES. 



139 



Nathaniel P. Banks, of Massachusetts, William 

 M. Merrick, of Maryland, William E. Niblack, 

 of Indiana, and George W. McCrary, of Iowa." 



In the House, on the same day, Mr. Dawes, 

 of Massachusetts, offered the following resolu- 

 tion, which was adopted unanimously: 



Retained Jy the Senate and Home of Repretentatitet, 

 Uhe Senate concurring), That in view of the recent 

 death of Horace Greeley, for whom attlie late election 

 more than three million votes were cast for Presi- 

 dent, a record be made in the Journals of Congress 

 of appreciation for the eminent services and personal 

 purity and worth of the deceased, and of the sad im- 

 pression created by his death following keen family 

 bereavement. 



In the House, on December 9th, the bill 

 supplemental to an act entitled " An act to 

 protect all citizens of the United States in 

 their civil rights, and to furnish the means for 

 their vindication," passed April 9, 1866, was 

 on its passage to be engrossed, pending which 

 the gentleman from Wisconsin (Mr. Eldrcdge) 

 moved that it be laid upon the table. 



The bill, which was read, in the first section 

 provided that no citizen of the United States 

 should, by reason of race, color, or previous 

 condition of servitude, be oxcepted or excluded 

 from the full and equal enjoyment of any ac- 

 commodation, advantage, facility, or privilege 

 furnished by innkeepers ; by common carriers, 

 whether on land or water ; by licensed owners, 

 managers, or lessees of theatres or other places 

 of public amusement; by trustees, commis- 

 sioners, superintendents, teachers, and other 

 officers of common schools and other public 

 institutions of learning, the same being sup- 

 ported by moneys derived from general taxa- 

 tion, or authorized by law ; by trustees and 

 officers of cemetery associations and benevo- 

 lent institutions incorporated by national or 

 State authority. But private schools, ceme- 

 teries, and institutions of learning established 

 exclusively for white or colored persons, and 

 maintained respectively by voluntary contri- 

 butions, should remain according to the terms 

 of the original establishment. 



The second section provided that any person 

 violating any of the provisions of the foregoing 

 section, or aiding in their violation, or inciting 

 thereto, should, for every such offense, forfeit 

 and pay the sum of $500 to the person ag- 

 grieved thereby, to be recovered in an action 

 on the case, with full costs ; and should also, 

 for every such offense, be deemed guilty of a 

 misdemeanor, and, upon conviction thereof, 

 should be fined not less than $500 nor more 

 than $1,000, or should bo imprisoned not less 

 than thirty days nor more than one year; 

 provided that the party aggrieved should not 

 recover more than one penalty ; and, when the 

 offense was a refusal of burial, the penalty 

 might be recovered by the heirs at law of the 

 person whose body has been refused burial. 



The third section provided that the same 

 jurisdiction and powers bo conferred and the 



same duties enjoined upon the courts and 

 officers of the United States in the execution 

 of the act as are conferred and enjoined upon 

 such courts and officers in sections three, four, 

 five, seven, and ten of an act entitled " An act 

 to protect all persons in the United States in 

 their civil rights, and to furnish the means of 

 their vindication," passed April 9, 1866, and 

 these sections are made a part of that act ; and 

 any of the aforesaid officers failing to institute 

 and prosecute such proceedings herein re- 

 quired should, for every such offense, forfeit 

 and pay the sum of $500 to the person ag- 

 grieved thereby, to be recovered by an action 

 on the case, with full costs ; and should, on 

 conviction thereof, be deemed guilty of a mis- 

 demeanor, and be fined not less than $1,000 

 nor more than $5,000. 



The fourth section provided that no citizen, 

 possessing all other qualifications which were 

 or might be prescribed by law, should be dis- 

 qualified for service as juror in any court, 

 national or State, by reason of race, color, or 

 previous condition of servitude ; and any offi- 

 cer or other persons charged with any duty in 

 the selection or summoning of jurors, who 

 should exclude or fail to summon any citizen 

 for the reason above named, should, on convic- 

 tion thereof, be deemed guilty of a misde- 

 meanor, and be fined not less than $1,000 nor 

 more than $5,000. 



The fifth section provided that every dis- 

 crimination against any citizen on account of 

 color by the use of the word " white " in any 

 law, statute, ordinance, or regulation, be here- 

 by repealed and annulled. 



The question was taken ; and there were 

 yeas 74, nays 113, not voting 54; as follows: 



YEAS Messrs. Acker, Archer, Arthur, Erasmus 

 W. Beck, Jumcs B. Beck, Bell, Biggs, Bird, James 

 G. Blair, Boarman, Braxton, Bright, Carroll, Co- 

 mingo, Cox, Crebs, Critcher, Crossland, Davis, 

 Dodda, Dox, DuBose, Duke, Henry D. Foster, Gid- 

 dings, Griffith, Hancock, Handley, Hanks, Harper, 

 John T. Harris, Hereford, Herndon, Hibbard, Hoi- 

 man, Kerr, King, Lamison, Manson. Marshall, Mc- 

 Clelland, McCormick, McHenry. McKinney, Merrick, 

 Benjamin F. Meyers, Mitchell, Morgan, Niblack, 

 Potter, Price, Head, John M. Rico, Eitehie, Kobin- 

 son, John Rogers, bherwood, Shobcr, Sloss, Speer, 

 Stevens, Storm, Swann, Terry, Tuthill, Van Trump, 

 Vaughan, Waddell, Warren, Wells, Whitthorne, 

 Winchester, Wood, and Young 74. 



NATS Messrs. Ambler, Ames, Banks, Barber, 

 Barry, Beatty, Bigby, Bingham, Boles, Bufflnton, 

 Burchard, Burdett, Benjamin F. Butler, Roderick 

 R. Butler. Clarke, Cobb, Coburn, Coghlan, Conger, 

 Cotton, Crocker, Dawes, Dickey, Donnan, Duell, 

 Dunnell, Eumos, Esty, Finkelnburg, Charles Foster, 

 Wilder D. Foster, Fryel Garfleld, Goodrich, Hale, 

 Harmor, Georere E. Harris, Havens, John B. Haw- 

 ley, Joseph R. Hawley, Hay, Hill, Hoar, Hooper, 

 Houghton, Kelley, Kellojrir, Ketcham, Lamport, 

 Lansing, Lowe, Lynch, Maynard, McCrary Mc- 

 Grow, McJunkin, Merriam, Monroe, Moore, Morey, 

 Morphis, Leonard Meyers, Negley, Orr, Packard, 

 Packer. Palmer, Hosca W. Parker. Isaac C. Parker, 

 Peek, Pendlcton, Perec, Peters, Platt, Poland. Por- 

 ter, Ellis H. Roberts, William R. Roberts, Rusk, 

 Sargent, Sawyer, Sconeld. Sessions, Shanks, Shel- 

 don, Shellabarger, Shoemaker, H. Boardman Smith, 

 John A. Smith, Snapp, Sprague, Starkweather, Ste- 



