174 



CONGRESS, UNITED STATES. 



to the thousandth part of a hair, we affirm that 

 any power that the Constitution has vested in 

 the Congress heretofore will be there when 

 this constitutional amendment is adopted by 

 the States. And we allege that the proposed 

 article, with the addition made by the com- 

 mittee, will be submitted precisely as its au- 

 thor intended it should be. Under these cir- 

 cumstances I move the previous question." 



The previous question was seconded and the 

 main question ordered ; and under the opera- 

 tion thereof the substitute reported by the 

 Committee on the Judiciary was agreed to. 



The joint resolution, as amended, was 

 ordered to be engrossed and read a third time ; 

 and being engrossed, it was accordingly read 

 the third time. 



The Speaker pro tempore : " The Chair will 

 order the yeas and nays to be now called, as 

 this is a proposed amendment to the Constitu- 

 tion, and it requires a two- thirds vote." 



The question was taken ; and there were 

 yeas 180, nays 7, not voting 98; as follows: 



YEAS Messrs. Abbott, Adams Ainsworth, At- 

 kins, Bagby, John H. Bagley, Jr., William H. Baker, 

 Ballou, Banks, Banning, Bell, Blair, Bland, Boone, 

 Bright, John Young Brown, William R. Brown, Ho- 

 ratio C. Burchard, Samuel D. Burchard, Cabell, Wil- 

 liam P. Caldwell, Cannon, Cason, Caswell, Gate, 

 Caulfield, Chittenden, John B. Clark, Jr., of Mis- 

 souri, Clymer, Cocnrane, Conger, Cook, Cox, 

 Crounse, Cutler, Danford, Darrall, Davis, Davy, 

 Dibrell, Dobbins, Dunnell, Durand, Durham, 

 Eames, Eden, Evans, Felton, Finley, Fort, Foster, 

 Franklin, Freeman, Frye, Garfield, Gause, Goode, 

 Goodin, Gunter, Hale, Andrew H. Hamilton, Han- 

 cock, Hardenburgh, Benjamin W. Harris, Harrison, 

 Hartridge, Hartzell, Haymond, Henderson, Henkle, 

 Abram S. Hewitt, Hoar, Holman, Hopkins, Hunton, 

 Hurd, Hyman, Jenks, Thomas L. Jones, Joyce, 

 Kasson, Kerr, Lamar, Franklin Landers, Lane, Lap- 

 ham, Lawrence, Leavenworth, Levy, Lewis, Lord, 

 Lynch, Lynde. Mackey, Maish, MacDougall, 

 McCrary, McDill, McFarland, McMahon, Metcalf, 

 Miller, Milliken, Mills, Monroe, Morgan, Morrison, 

 Mutchler, Neal, New, O'Neill, Packer, Page, Payne, 

 William A. Phillips, Pierce, Piper, Plaisted, Platt, 

 Poppleton, Potter, Powell, Pratt, Rainey, Randall, 

 Rea, Reagan, John Reilly, Rice, Riddle, John Rob- 

 bins, William M. Robbins, Roberts, Robinson, Miles 

 Ross, Rusk, Sampson, Savage, Scales, Singleton, 

 Sinneckson, Siemens, Smalls, A. Herr Smith, Wil- 

 liam E. Smith, Southard, Springer, Stenger, Steven- 

 son, Stone, Teese, Terry, Thomas, Thompson, 

 Throckmorton, Washington Townsend, Tufts. Tur- 

 ney, Van Vorhes, John L. Vance, Waddell, Charles 

 C. B. Walker, Gilbert C. Walker, Walsh, Ward, 

 Warren, Erastus Wells, White, Whitthorne, Wig- 

 ginton, Willard, Alpheus S. Williams, James Wil- 

 liams, James D. Williams, Jeremiah N. Williams, 

 Willis, Benjamin Wilson, James Wilson, Wood- 

 burn, and Yeates 180. 



NATS Messrs. Blackburn, Bradford, John H. 

 Caldwell, John B. Clarke of Kentucky, Forney, 

 Knott, and O'Brien 7. 



NOT VOTING Messrs. Anderson, Ashe, George 

 A. Baglev, John H. Baker, Bass, Beebee, Bliss, 

 Blount, Bradley, Buckner, Burleigh, Campbell, 

 Candler, Chapin, Collins, Cowan, Crapo, Culberson, 

 De Bolt, Denison, Douglas, Egbert, Ellis, Ely, 

 Faulkner, Fuller, Gibson, Glover, Robert Hamilton, 

 Haralson, Henry K. Harris, John T. Harris, Hatcher, 

 Hathorn, Hayes, Hendee, Hereford, Goldsmith W. 

 Hewitt, Hill, Hoge, Hooker, Hoskins, House, Hub- 

 bell, Hunter, Hurlbut, Frank Jones, Kelley, Kim- 



ball, King, George M. Landers, Le Moyne, Luttrtlli 

 Maroon, Mead. Money, Nash, Norton, Odell, Oliver, 

 Phelps, John F. Philips, Purman, James B. Reilly, 

 Sobieski Ross, Sayler, Schleicher, Schumaker, 

 Seelye, Sheakley, Sparks, Spencer, Strait, Btowell, 

 Swann, Tarbox, Thornburgh, Martin I. Townsend, 

 Tucker, Robert B. Vance. Wait, Waldron, Alexander 

 S. Wallace, John W. Wallace, Walling, G. Wiley 

 Wells, Wheeler, Whitehouse, Whiting, Wike, 

 Andrew Williams. Charles G. Williams, William 

 B. Williams, Wilshire, Alan Wood, Jr., Fernando 

 Wood, Woodworth, and Young 98. 



So (two-thirds voting in the affirmative) the 

 joint resolution was passed. 



In the Senate, on August 7th, the President 

 pro tempore laid before the Senate the joint 

 resolution proposing an amendment to the 

 Constitution of the United States ; and it was 

 read twice. 



Mr. Frelinghuysen, of New. Jersey, said : 

 " Mr. President, the people of our country are 

 seriously and profoundly in earnest on this sub- 

 ject. This amendment, as the Senate will see, 

 prohibits the appropriation of any school-funds 

 to any school that is under control of any sect 

 or denomination, and prohibits the division of 

 such fund among different denominations. So 

 far it is very well as a pronunciamiento ; but 

 suppose a State for the purpose of propitiat- 

 ing some religious denomination does make 

 an appropriation in violation of this amend- 

 ment, what are we to do about it ? The 

 amendment is a mere firutum fulmen; it has 

 no sanction and there is no one to enforce it. 

 If the power was given to Congress by legisla- 

 tion to enforce the amendment, we could make 

 it a high crime for any officer to pay or for any 

 one to receive the money, or we could by legis- 

 lation appoint some official, possibly the At- 

 torney-General of the United States, whose 

 duty it should be to bring the violation to the 

 attention of the courts. The only remedy 

 now under the amendment, and I do not 

 know whether that could be without further 

 legislation, would be for a tax-payer to seek 

 the courts and after the money had been paid 

 and spent, and after tedious years perhaps the 

 tax-payer might recover his contribution to 

 that fund. Therefore it seems to me that 

 another section should be added giving Con- 

 gress the power to enforce this amendment. 



" But there is a more serious objection to the 

 amendment than that I have noticed. The 

 amendment only applies to a school-fund, and 

 prohibits its being appropriated to schools un- 

 der denominational control. There is not a 

 word in the amendment that prohibits public 

 money from being appropriated to theological 

 seminaries, to reformatories, to monasteries, 

 to nunneries, to houses of the Good Shepherd, 

 and many kindred purposes. "We know that 

 in one State within a decade $1,200,000 was 

 voted Protestant institutions for which the 

 Catholics of the country were taxed, and we 

 know that in the same period several millions 

 of dollars were voted to Catholic institutions 

 for which Protestants were taxed. 



