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A

POLITICAL. ~IANUAL FOR 1869,

I~CLUDING A CLASSIFIED SUMMARY OF THE IMPORTANT

EXECUTIVE, LEGISLATIVE,JUDICIAL, POLITICO-MILITARY

GENERAL FACTS OF THE PERIOD.

From July 15, 1868. to July 15, 1869.

BY EDWARD McPHERSON, LL.D., CLERK OF TllB ROUS!: OF REPRESENTATIVES OF TU:B U!flTED STATES.

WASHINGTON CITY : PHILP & SOLOMONS. 1869. Entered according to Act of Congress, in the year 186?, by EDWAR}) McPIIERSON, In the Clerk's Office of the District Conrt of the United Sto.tes for the District of Columbia. _...... ,======

• 9-ootypeJ llihOILI,

This volume contains the same class of facts found in the :Manual for 1866, 1867, and 1868. .The record is continued from the date of the close of the Manual for 1868, to the present time. The votes in Congress during the struggle· which resulted in the passage of the Suffrage or XVth Amendment of the Constitution of the , will disclose the contrariety of opinion which prevailed upon this point, and the mode in which an adjustment was reached; while the various votes upon it in the State Legislatures will show the present state of the question of Ratification. The a

WASHINGTON CITY, July 15, 1869. TABLE OF CONTENTS.

XXXVII. Membors of Cabinet of PresidentJohn­ from Headquarters of the Army as to Sentences son and of 40th Congress, 3d Session...... 1.2 by Courts l\Inrtinl; Re·a~sip;ning certain Gene mis to Military Districts-Orders of Generals Terry, Stonelnan, Webb, and Canby (including XXXVIII. President Johnson's last Annual Mes­ sage, December 7, 1868 ...... 2.9 the latter's Test-oath Letter) in First Military Iteconstruction and other controverted sub­ District-Of General t'anhy in Second Dis­ jects. t.rict-Of Geneml J\kn,le in the Third-General Orders in the Fourth-Orders of Generals Rey­ nolds and Canby in the Fifth-New Constitu• XXXIX. Political Votes, 40th Congress, 3d Ses­ tion of Texas. sion-Condemnation of President Johnson's p1·oposition respecting payment of the Publio D3bt ...... 9-16 XLV. Judicial Decisions-Opinion of Attorney Condemnatory resolutions in the Sen.ate and General on Jurisdiction of Military Co:n'llis­ Il0us0-Vote on .Minority Hcprese.ntation-Re­ sions ...... 51-95 moYal of D:s•al,ilities Ly General Act-Rcpre­ On Rid1t of a State to Tnx Pa~~cn~er:,:1. pa~sing through it-State Taxation of United States Ce;. SC'Dtntion of Georgia-Counting the Electoral tificatcs of Indebtednes.s-Stnte Taxation of Vote-Bill for further Secnrity of Equal Rights United States Notes-Cl:rnsc making United i:1 District of Columuia-Bill to Strengthen States Notes a Legal Tender for Debts has no l'ulJlic Credit-Tenure-of-Office Act. reference to State taxcs-Expres• Contracts to pay Coined Dollars can only be satisfied by XVth Constitutional Amendment...... XL. 17-24 payment of Coined Dollars-Status of State of The Final Vote in Congress-House Joint Res­ Texas-J\IcCnrdle Case-Cresnr Griffin (Vir­ olution (H. R. 402,) and Proceedings thereon ginia) Case-Can a Negro hold Oflice in Georgia? in both Honse and Senate-Scn~te Joint Reso­ -Intermarriage of White and Colorer! Persons lution (S. 8,) and Proceedings thereon in both in Georgia-Opinion of Attorney General Hoar Houses. as to Jurisdiction of J\1ilitary Commissions in Texas. XLI. Members of Cabinet of President Grant and of 41st Congress ...... 24-26 XLVI. State :Platforms of 18$9 ...... 96-106 Califoruia--)lississippi-Ohio-Pennsyl­ XLII. Political Votes in 1st Session of 41st Con­ vania-Vermont-Virginia-Washington Ter­ gress ...... 26-33 ritory. Additional Reconstrnction Legi.sbtion-Final Votes on Yirginia, l\lississippi,and Texas Elec­ XLVII. Votes of State Legislatures on proposed tion Bill-Previous Votes-Mississippi Bill­ XVth Amendment ti Constitution of Uni•ed PuLlic Credit Act-Amendment to Tenure-of­ States ...... 106-116 Office Act-On Effect of the XVth Amendment Yeas and Nays-Arkansas-Connecticut-Dela­ as to l\Jongolians. ware--Georgia-Illinois -'­ --Louisiana-~faine-)fas­ XLIII. Prosident Grant's Inaugural Address, sachusetts - - Missouri- ­ aud l\Iessage on Reconstruction, and Official -c'lew Jersey-­ Prochmo.tions of the Year ...... 34-39 -Ohio--Rhode ProsidentGrant's Inaugural Address-His Jiles­ Island--West Virginia-Wis­ sage respe<'ting the Reconstruction of Vir­ consin. ginia nnd i)Iissi.ssippi-Final Certificate of Sec­ retary Seward respecting Ratification of XIVth XLVIII. Statistical Tables ...... 117-120 Amendment-President Johnson's Proclama­ Presidential Election Returns, (Electoral and tion of General Amnesty, December 25, 18G8­ PopularVote-Official Statement of Public Debt President Grant•s Virginia Election-Proclama­ of United States, July, 18GO. tion-Respecting Wages of Labor-Relative to Duties upon Merchandize in French Vessels. XLIX. Miscellaneous Matters ...... 121-124 I General Sherman's Letter as to the surrenderof XLIV. Orders on Reconstruction-Additional GeQernlJoseph E. Johnston-1fississippi Elec­ Military Orders under Reconstruction Acts tion Proclamation-Texas Election Proclama­ -New Constitution of Texas ...... 40-50 tion-Femalo Snffmge in Jllassachnsetts and Orders from ,rar Department making changes in CC'ngress-Propo8etl Ri:,ligious Amcndmeht in organization and command of Districts and to united States Constitution-Elections of Departments-AttorneyGeneral Eyarts' Le,ter 18G9 iu New Hampshire, Rhode Island, Con­ as to Military Aid to United States Marshals- ncctieut, J\1iehigan, Virgini

XXXVII. MEnIBERS OF THE CABINET OF PRESIDENT JOHXSON, AND OF THE FORTIETH CO:NGRESS, THIRD SESSIO:'f.

!'RESIDENT JOHNSON'S CABINET. I Arkansas-Alexander McDonald, Benjamin F, - · I Rice. . Secretary ofState-WILLIAM II. SEWARD, of New .Michigan-, Jacob 1I. How- York. I ard. Secretary of the Treasury-fiuoH McCULLOCH, of: F/orida-Ad0nijah S. Welch, Thomas W. Osborn. Indiana. Iowa-James W. Grimes, James Harlan Secretary of War-JonN M. ScnoFIELD, of New Wiscomin-James R. Doolittle, Timothy 0. York. Howe Sccreta_ry of the Navy-GIDEON WELLES, of Con­ -, . nect1cnt. .i\fiunesuta-Alexande1· Ramsey, D,1u'l S. Norton. Postmaster General-ALEXANDER W. RANDAJ.L, Oregon-George II. Williams, Henry W Corbett. of Wisconsin. Kansas-Edmund G. Ross. Samuel C. Pomeroy. Attorney General-WILL[A1f 11. EVARTS, of New West Virginia-Peter G. Van Winkle, Waitman York. T. Willey. Ne11ada-\Villiam M. Stewart, James W. Nye. MEMBERS OF THE FORTIETH CONGRESS. Nebraska-Thomas W. Tipton, John M. Thayer. Third Session, December 7, 1868-March 3, 1869. House of Represenbtives. Senate. ScHt•YLER COLFAX, of Indiana, i:ipeaker. BENJAMIN F. WADE, of Ohio, President of the Edward .McPherson, of Pennsylvania, Clerk, Senate. and Acti11g Vice President. -John Lynch. Sidney Perham, James G. George C Gorham, of California, Secretary. Blaine, John A. Peters, Frederick A. Pike. .Maine-Lot 11. Morrill, William Pitt Fe~senden. New Hampshire-Jacob H. Ela, Aaron F. Ste­ New Hampshii·e-Aaron H. Cragin, James W. vens, Jal'ob Benton. Patterson. . Vermont-Frederick E. Woodbridge, Luke P. Vermont-George F. Edmunds. Justin S. Morrill. Poland, Worthington C. Smith. .-, . l,fc1,ssrLchusetts -Thomas D. Eliot, OakRR Ames, Rhode Isl:i:nd-Wiliiam Sprague, Henry B. An­ liinery Twichell, Samuel Hoo1,er, Benjamin thony. F. Butler, Nathaniel P. Banks, George S. Con11ectfrut-James Dixon, Orris S. Ferry. Boutwell, John D. Baldwin, William B. Wash­ New York-Ed win D. Morgan, ltoscoe Conkling. burn, Henry L. Dawe-.. . New Jersey-Frederick T . .Freliughuysen, Alex­ Rhode Island-Thqmas A. J enckes, Nathan F. andf,r G. Cattell. Dixon. Pennsylvania-Charles R. Buckalew, Simon Connectiwt-Richard D. Hubbard. Julius Hotch­ Ca,ueron. kisR, Henry II. Starkweather, William H. Delaware-James A. Bayard, Willard Saulsbury. Barnum. Mar.'lland-\V11liam Pinckney Whyte, George New York . Stephen Taber. Demas Barnes, Wil­ Vickers. liam E. Roliinson, John Fox. John .Morrissey. North Carolina-John C. Ahhott, .John Pool. Thomas E Stewart, John W. Chanler, James South Carolina-Thomas J. Rouert,son, Frederick Broob, Fernando Wood, William IL Robert­ A. Sawyer. . ~on. CharleK H. Van Wyck, John H KPtcham, Alabama.:...\Villard \Varner, George E. Spencer. Thomas Cornell, John V. L. Pruyn, John A. Loui.s,ana-Johu 1:l Harri,, William P. Kelbgg. Griswold, Orange Ferriss, Calvin 'l' Hulburd. Ohio-Benjamin F. Wade..Tol,.n Si1er1uan. James M. Marvin, William C. F1t,lds, Addison Kentucky-Thomas C l\IcCreery, Garrett Davis. ][. Lallm, Alexander H. Batley, John C. Ten11essee-David T. Pa1ters0n,JosPph S. Fowler. Clrurchill Dennis 11<:Carthy, Theodc,re 1I. Indiana-Tlwmas A. Hendricks, Oliver P. Mor­ Pomeroy, William H. Kelsey, William S. Lin­ ton. cnln, Hamilton Ward, Lewis Selye. Burt Van Illinois-Richard Yates Lyman Trumbull. Horn, James 11. Humphrey, lfonry Van M,ssouri-J oho. Il. Heudersou, Cl,ades D. Drake. Aernam. A 384 POLITICAL MANUAL. [Part IV.

1'.'ew Jersey-"\Villiam :Hoore, Charles Haight, Thomas L. Jones, James B. Beck, George M. Charles Sitgreuves, John Ilill, George A. Hal· Adams, Samuel llicKee. sey. Tennessee-Roderick R. Butlr.r, Horace May­ Pennsylvmiia-Samuel J. Tiandall, Charles O'­ nard, William B. Stokes, James l\lullins John Neill, Leonard l\lyers, William D. Kelley, Ca­ Trimlile, Samuel !IL Arnell, Isaac R. Hawkins, leb :N. Taylor, Denjumin 111. Boyer. Jol,n l\I. D>1vid A. Nunn. Broomall, J. Lawrcmce CJetz, U. J Dickev,* Indiana-William E. Nil:,lack, Michael C. Kerr, lfenrv L. Cake, Daniel l\I. Van Auken, Geoi·ge l\lorton C. Hunter, Wilham S. llolm>

XXXVIII.

rRESIDENT JOHNSON'S LAST ANNUAL MESSAGE, DECEJ1BER 7, 18G8.

Tlie following extracts relate to reconstruction• ganized condifr>n under the various la\v,; which a::.d other controverted subjects: haw been passed upon the subject of recon· 1:' II c· . Sil llCtJOn. s:e ow- itizens of the Senate . It may Le rnfely assumed, as an axiom in and House <1 Representatives: the government of States, that the greatest Upon the reassembling of Congress, it again wrongs in!licterl upon a people are caused by beconws my dnty to call ynur attention to the unjust and arbitra1·y legislation. or by the un­ slaLe of the Un10n, and to its coutinued disor- relenting decrees of despotic rulers, and that Page 3] TIIE PRESIDENT'S :MESSAGE. 385 the timely revocation of injurious and oppress­ tion as near completion as was within the ~cope ive mea-ures is the grr a test good that can be of its authority, ancl the nation was encoura<>ed c0nferred ur,on a nation. 'Jbe l~gislator or by the ]'rospect of an early and satisfactory ~d­ ruler who has the wisdom and mngnanimity to justmentof ail itsdifficulties. Concrress, however, retrac" !11s stepg, when convinc:ed of error, intervened, and, refusing to perfe';:t the work so will ~ooner or bter Le n,warded with the nearly consummated, declined to admit meml,ers res1,cct a11d gratitude of an intelligent and from the unrepresented t-itates, ndoi'ted a series patriotic people. of measures which arrested the progress of res­ Our own history, althongh embracing a period tora.t;on, frn~trat~d all tl,at had Leen so rnccess­ les, tl,an u century, nfiords abundant ]'roof that fully accom]'lished, and after three nnrn of most, if uot. a.II, of onr domestic trnubles are agitation and strife has left the country funlin directly traceable to violations of the organic frorn the attainment of union and frnterna! law a11d excessive legislation. The most striking feeling than at the inception of the congn•ss­ illustrat1ons of this fact are furnished Ly the ional plan of reconstruction. It needs no enactm~nts of ihe J•ast tl,ree years npon the argument to show that legislation which has que,tion of recomtruction. After a fair trial produced such baneful consequences should he tlH,y have substantially failed and proved per­ abrogated, or else made to conform to tlte nicious in tl,eir results. 11nd there seems to Le no gen1110e principles of republican government. good reason why they should re111nin longer upon Under the influence of party passion and see­ the statutc-1,ook. States to wl,ich the Constitu­ tioual prejudice, other ac:s have l.,een 1,as,ed not tion guarnnties a repuLJican f.,rm of government warranted by the Comtitutinn. Congress has have ueen reduced to military deper,dencies, in alrearly 1,een made familiar with my Yiews res­ each uf wl1id1 the people l1ave been made wb­ pec1ing the '·tenure·of.office Lill." Experience ject to the arbitra1·y will of the commanding has proved that its repeal is demanded by tlie general. Altl,ough tl,e Constitution requires best in:erests of thA conntrv, and that while it that each State shall be represented in Congress, remnins in force the Presrdent cannot enjoin Virginia, Mississippi, and Texas are yet ex- tl1at rigid accountaLility of puulic officers so eluded from the two Houses, and, contrary to essential to an honest and eflicient execution of the express provisions of that instrument, were the laws. Its revocation would enal,le the denied i'articipation iu the recent election for executive de1,artment to exercise tl,e 1,nwer of a President aud Vice President of the United appointment and rerno\·al in a1·cordance with States Tl1e attempt to ]'lace tl1e white pnpula­ tlH· original design of the Federal Constitution. t1on under tl,e domination of per,ons of color The uct of Man·h 2, 18G7, making a1•pro['ri­ in thA i::iout.h !,as im['airt·d. if not destroyfd, the ations fort.he support of the army fr,r tl,e year kindly relatious that had l'revionsly exided be. ending June 30, 18U8, and for other y,urposes, tween them; and rnutnal distrust h,,s engendered contains provisions wl,ich interfere with the a feeling of animosity wl11ch, leacli11g in some President'$ c0nstitutionnl funetions as Com­ instan,·es to collision ancl l,loodshed. bas pre­ mauder·in Cbief of the Army, and den_v to nnt~J that ro operation Let ween the two races States of tl,e Union the rigl,t to p1otect tltern­ so essential to the success of inrl1Htrial entn­ selves Ly means of their own militia. These prises in tl1e Southern States. Nor have the provisions should beatonceannulled; forwhile inl,al,itants of tliorn States alone suffered from the first tnight, in times of great eu,ergE·ncy, the disturbed condition of affairs growing out seriously r·ml,arrass the Executive in efforts to of tl,e•e congressional en,wtrnents. The entire employ and direct the common streng1h of the Union has been agitated uy grave apprehensions nation for its protection and pre,erration, the or troubles which might. again involve the pea,·e other is r.011trnry to the express declaration of of tl,e nation; its interests have 1,een injuriously the Constitution, that, •'a well regulated militia .afiecieJ L,y the derangement of l:»1sincss and being necessary to the security of a free State, lal,or and the consequent want of prosperity the rtght of th~ J•eople to keep and Lear arms throughout tliat portion or the country. • shall not be infringed.!' Tl1e Federal Constitution-the rnagna char/a It is believed that th~ repeal of all such laws of Allleriran rigl1ts. nnder whose wise and s,tlu­ would be accepted Ly the American people as tary J•rovisions we havo successfully conducted at least a partial return to the fundamental all our domestic an<1 foreign affairs, Ft1St>11lcl not be pernutted to stand as so alone fur its vindication. This great fact is rnanv monuments of the deficient wisdom which made rno,t rnanilest by the condition of the has cl,arncterized our recent legislation. country whPn Congress assrrnLled in the month The condition of onr finances d,·rnanrls the of D,·cernl,er, liiG5. Civil strife bad ceased; the early and earnest consideration of Congress. spirit of n·iwllton had spent its entire force; in I Compared witl1 the growth of our i'O]'Ulatic,n, the the t!outhcrn States the peo1.,le had warmed into Ipul.,J-1,: ex]'e11di1ure.s have reacl1cd an amount natiounl Jit"e, and througl1011t the whole country unprecedented in our history. a liealtl,y reaction in- pul,lic sentiment ],ad The 1,ol'ulati,>n of the United St>ttes in ]i90 taken place By the appl1cat ion of the sim]'le wa, nearly four m1llion, of peo1,le. lncrea,rng yet effective provisions of tl,e Constitution the Ieach decade aLnnt thirty t.hre~ per cent., IC execntive department, with the voluntary aid reached In 18GO thirty one millions-an increase of the St~.tes, had brought the work of restora- of seren hundred per ceut. on the population in. 25 386 POLITICAL :MANUAL. [Part IV.

1700. In 1860 it is estimated that it will reach $372,000.000, estimated as necessary for the fiscal thirty-eight millions, or an increase of eight year ending the 30tl'. of June, l~G\:J we o.btain a, hundred and sixty-eight per cent. in seventy· total expendiwre ol $L,li00,0U0,000 durrng the ni1rn years. 1 lour years i111rnediately succeeding the war, or Tlie annual exnenditures of the Federal nearly as much as was expended during the Government in 17t1L were $!.200,000; in 1K20, se\'enty two years t.hat preceded tl,e rebellion, fu!S.200,000; in 1850, $41,0uO.OOO; in 1S60, and eui braced the extraordrnary expenditures $G3,0UO.OUO; in 18G5, nearly $1,300,000.000; al read I' named. and in 1S60 it is estimated by t!,e Secretary of The;e startling facts clearly illustrate the ne­ the Treasury, in his laA annual report, diat cessi1y of retrenchment in all brandies of the pub­ they will be $372,000,000. lic service. Abuses which were tolerated during liy comparing the pubiic disbursements of the war for the preservation of the nation will lSGU, as esli111ated. wiLli those of 1701, it will Le not be endured by the people, now tliat profound seen that the ·increase of expenditure since tlrn peace pre\'atls. The receipts from internal rev­ begi11ning cf the Govern111ent has been eigl,t enues and customs have during 1he pa:;t three thousand six hur;dred and eighteen per ceut., years.gradually climir,ished, and the continuance while the increarn of the popul,uion for the same of useless and ext.ravagant expenditures will period was only eighteen hundred and siIIY· involvt< us in n,il;onal bankrnptcy, or else make eight per cent. Ag,nn: tl·e expenses of the Gov· inevi1alJ!o an increase of taxes, already too erume11t in lSGO, the year of peal'e immediately onerous, and in many respects obnoxious on preceding the war, were only $u3,0UO,OO'J; while acl'Ot1nt of tl,eir inquisitorial character. One in 1SG0, the year of peace tlll'ee years af1er the l111ndred millions annually are expended for the war, it is esti111ated they will l,e $372,000,000­ military force, a large portion ol which is em­ an increase of four hundred 11nd eighty-nine per ployed in the exer.n1ion or laws bo"th nunecessary cent., wl11le the increase of po1•ula1ion was only and unconstitutional; $150,000,000 are required twenty one per cent. for the same period each year tn pa1 the intere,t on the public debt; Tlte,e statistics further show, tltat in li01 the ,.n army of t.0 ,c gatherers impoverishes the na­ annual national expemes, compared with the tion; :ind public agents, placed by Congress M· population, were Ii tile more than $I per capita. \'ond tht< control of the Executive, divtert from and in !SGO but $2per capita; whi!P- in I8G9 their legitimate purposes l:irge rnms of money they will reach the ext.ravagaut mm of $9 78 w hic:h they collect from the peopb in the name per capita. of the Government. ,Tnout. thirt.y-oae millions; wliile our population ized, and ad0; but at tile Secretary of the Treasury, in hi$ report. recom­ same tnne his report exhiuits aa iucrease duriug mends five per cent.; Congress, in a bill passed the past y,iar of $:_\5,625,102; for the debt on prior to adjournment, on tlie 27th of Joly h.st, the 1st uav of Novemuer last is stated to have agreed upon four and fonr and a half per cent.; been $2,5:2i,129,55Z. It is estimated uy the while by many three per cent. has been held to Secretary that the returns for the past month be an an,ply ~ufficient return for the in\·estment. will add to our liabilities the further sum of Tbe general impression as to the exorbitancy of $11,000,000-rnakinR a total increase during the existing mte of interest has Jed to an inquiry thirteen months of :i,±G 500,000. in the public mind respecting the consideration In my message to Congress of December 4. which the Government hus actually received for 1865, it was suggested that a policy should be its l,onds. and the conclusion is becoming preva­ devised, which, without being oppressive to the lent that the amount which it obtained was in people. would at once begin to effact a reduction real ru'.>ney three or four hundred per cent. less of the uebt, and if persisted in discharge it fully than the ouligations which it issued in return. within a definite number of years. 'l'he t:ecre­ It cannot be denied tl1at we are paying an ex­ tary ot tl1e Treasury forcibly recommends legis­ travagant percentage for the use of the money lation of this character, and justly urges tllat borrowed, which was paper currency, greatly the longer it is deferred the more difficult must depreciated below the value of coin. Tllis fact become its accomr lishment.. We should follow is made apparent. when we consider that bond­ the wise precedents established in l 71:i9 aud 1816, holders receive from the Treasury, upon each and without furtber delay make provision for dollar they own in Government securiLies, six the payment of our obligations at as early a per cent. in golu. wbich is nearly or quite equal rerio,1 as may be practicable The fruits of their to nine per cent. in cnrrency; that the l,ond$ are labor should l,e enjoyed l,y our citizens, rather then converted into capital for the natiotJal than useu to Luild up and sustain moneyed mon­ banks, upon which those institutions issue their opolies in our own and other lands. Our foreign circulation, bearing six per cent. interest; and debt is already computed by the Sbcretary of tliat they are exempt from taxation by the Gov­ the Treasury at $350,000,000; citizens of foreign ernment and the Stales, and thereby enhanced countries receive rnterest upon a large portton two p:·r cent. in the hands of the holders We of our securities, and American tax-payers are have thus an aggregate of seventeen per cent. made to contribute large sums for their support. which may be received upon each dollar by the Tho idea that sucl1 a debt is to become perma­ owners or Government securities. nent sliould be at all times discarded, as in­ A system th1it produces SL1ch resultq is justly voh·ing taxation too heavy to be borne and regarded as favoring a few at the expense of the payment once in every ~ixteen years at the many. and ha~ led to the further inquiry, whether 1,reseut rate of interest of an amount equal to our liondholders, in view of the large profits the Ol'l!!inal sum. Tbis vast debt, if permitted whieh they have enjoyed, would themselves be to heco'n1e permanent and increasing, must event­ averse to a ~ettlement of our indebtedness ually be gatl1ered into the hands of a few, and upon a plan wl1ich would yielu them a fair enal,le them to exert a dangerous and control­ remuneration. and at the same time l,e just to ling power in the affairs of the Gvvernment. The the tax-pavers of the nation. Our national Lonuwers would l,ecome servants to the lenders credit Fhonld be sacredly observed; but in mak­ -the lenders the masters of the people. We ing provision for our creditors we should not now pride ournelves upon having given forget what is due to the mas~es of the peopl~. to four millions of the colored race; it will then lt may Le assumed that the holders of our Fecun­ be our shame that forty million people, by their ties !,ave already received upon their bonds a ­ own toleration of usurpation and profligacy, larger amount than their original investment, 388 POLITICAL MANUAL. [Part IV.

measured by a gold standard. Upon this state­ much more than $~00.000,000; now the cir­ ment of fact~ it would seem but just and equita culation of national l,ank notes and 1hnse known ble that the six per cent. interest naw paid by as" legal-tenders" is nearly $700,000.000 While the Government should be ar,plied to the reduc· it is urged by some that this amount sl,ould be tion of the principal in semi-annual installments, increased, ot.hers contend that a deci,Jed re­ which in sixteen years and eight months would duction is absolutely es,ential to the best inter­ liquidate the entire n:ttiona.! debt. Six per cent.. ests of the country. In view cf these di verse in gold would at iiresent rates be equal to nine opinions, it may be well to ascertain the real prr ceut. in currency, and equivalent to the pay­ value of our paper isrnes, when compared with meut of the debt one and a half time in a fraction a metallic or convertible currency. For tbis less than seventeen years. 'l'his, in connection purpose let us inquire how much gold anrl silver with all the other advantages deriver! from their could be purchased Ly the $700,000.000 of r,aper investment, would afford to the public creditors money now in circulation. Probably not more a fair and liueral compensation for the use of than half the amount of the latter, showing I hat their capital, and with this they should be satis­ when our paper cnrrency is compa•ed will! gold fied. The lessons ofthe past admonish the lender and silver its commercial value is compressed that it is not. well to be over anxiou~ in exacting into $350.000.000. This striking fact makes it from the borrower rigid compliance with the the obvious duty of the Government., a~ early as letter of the bond.* may be consistent with the principles of sound . If provision be made for the payment of the political economy, to t.ake such measures as will indebtedness of the Government in the manner enable the holder of its notes anrl those of the suggested, our nation will rapidly recover its national banks to convert them, without loss, wonted prosperity. Its interests require that into specie or its equivalent.. A reduction of some measure shot.Ir! be taken to release the our paper-cirn1lating medium need not necessa­ large amouotof capital invested in the securities rily follow. This, l,owever, would depend upon of the Government. It is not now merely un­ the law of demand and supply; t.hough it should produrt.ive, but in taxation annun.lly consnmes be borne in mind that l,y making legal-tender $150,000,000, which woul

In the performance of a duty imposed upon are vested all legislative powern, and upon me by tbR Constituiion, I have thus communi­ them devolves the responfiLili1y as well for cated to Congre,s information of the state of the framing unwise and excessive laws, it• for ne­ Union, and recommended for their consideration glectin? to de\·ise and adopt rr.·'asures absolutely such measures as have seemed to me necessary dernanrJed Ly the wants of the country. Let us and expedient. If carried into effect, th~y will earne,tly l10pe that before the expiration of our hasten the accoml'lishment of the gr•·at and be­ refpeclive terms of sen·ice, now rapidly drawing neficent. purposes i'or which the Constitution was to a c:lMe, un all-wise Providence will so guide ordained, and which it comprehen,i,;ely sta-tes our counsels a8 to strengthen Hnd preserve the were "to form a more perfect Union. estal,lisb Federal Union, inspire reverence for the Consti­ justice, in•ure domestic tranquillity, provide for tution, restore prosperity itnd lrnppiness to our the CC'mmon delen•e, 1,romote the general we!­ whole peoplA, and promote "on earth peace, fare, and secure the blessin~s ol lilwrty to good will toward men." . ourselves and our posterity.' In Congress,, WASHINGTON, Decernber 9, 1868.

XXXIX.

POLITICAL VOTES IN THIRD SESSION OF FORTIETH COXGRESS.

CONDEJINATION OF PRESIDENT JOHNSON'S PROPOSITION RESPECTING THE PAYMENT OF THE PUBLIC DEBT.

Condemnatory Resolutions. Mr. Hendricks moved this as a substitute: That the tienate cordially endorse the senti­ IN SEllATE. ment in the President's message, '' that our 1868, December 14-Mr. Willey submitted this national credit Bhould be sacredly observed," resolution, which was reported from the Com· and declare that the public debt should be paid mittee on Finanee by Mr. Cattell, D"cember 16: as rapidly as practicable, exactly in accordance Resolved, Tbat the Senate, properly cherishing with the terms of the contracts under which the and upholding the good faith and honor of the several loans were made, and where the obliga­ nation, do hereby utterly disapprove of and tions of the Government do not expressly state condemn the sentiments and propositions con­ upon their face, or the law unrler which they tained in so much of the late annual message of were issued does not provide, that they shall be the Pre,ident of the United States as reads as paid in coin, they ought jn right and justice to follows: be paid in the lawful money of the United "It may be asrnmed that the holders of our States. Which was disagreed to-yeas 7, naye 44, as securities have already received upon 'their bonds a larger amount than their original investment, follow: measared by a gold standard. Upon this state­ YEAs-l\fe~~r~. Burkalew, Dari.s, Hendricks, lllcCreery, ment of facts, it would seem but just and equita­ Saulsbury, Viekers, WhNte-1. !\us-Messrs. Aubott, Anthony, Cattell, Chandler, ble that the six per cent. interest now paid by Cole, Conklin~, Corbett, Dixon, Dr,1ke, Edmunds, the Go\·ernment should be applied to the reduc­ F0rry, Fes:-cnden, Frelinghny~en, Grimes, Harris, tion of the principal in semi-annual installments, llencterson, How,ud, Howe, Kellogg, l\Iorg:an, l\Iorrill of Maine, Morrill of Vermont, Nye,o~born. Pool, Ram· which in sixteen years and eight months would sey. Rice, Robertson, Rosg, Sawyer. Sherman;Spencer, liquidate the eutire national debt. Six per cent. Stewart, Sumner, Thayer, 'l'rmnbnll, Van \Vinkle, in gold would at present rates be equal to nine Wade, Warner, Welch, Willey, Willinms, Wilson, per cent. in currency, and equivalent to the Yates--44. payment of the debt one anrl a half tiuies in a December 18-The resolution was adopted­ fraction less than seventeen years. This, in con­ yeas 43, nays 6, as follow: nection with all the other advantages derived YEAS-Messrs. Abbott, Anthony. Cameron, Cattell, from their investment., would afford to the pub­ Chnn,iler. Cole, Conkling, Corhett, Crnpcin. Dixon, Ed­ lic creditors a fair and liberal compensation for mund~, Ferry, 'F'e88endeu, Fre1inghny:.::en, Grimes, Harlan, Harri~. HPnrlerson, Howard, Howe, Kellog-g, the use of their capital, and with this they should !\lorgnn, i\:lorrill of VPrmont. Nye. Osborn, Pomeroy, be satisfied. The lessons of the past admonish Hn.msey, Rnht"'rtson, Ro~s, Snwyor, Sherman. Spencf'r, the lender that it 's not well to be over-anxious Strwart, Snmner, '!'hayer, Van \Vinkle, \Vade, \Varner, Willey, Williams, Wilson. Yntes--!J. in exacting fron, the borrower rigid compliance NAYs--~le•srs. Dnvis, JJJcUree,·y, Patterson of Ten­ with the letter of the bond." • nessee, Saui.bury, Vickers, Whyte--6. 392 POLITICAL MANUAL. [Part IV.

IN HousE. lrmd, Polf:lley, ~rice, Prince, Pruyn, Randall, Raum, Robertson, 12obmson, Sc11f'nck, Scofield. :.-.Jrnnk~, Cit­ 18G8, December 14.-l\Ir.Broomall moved that grcm;cs, Smith, Spalding, SturkwC'nther, StC'vcn~. Stew­ the rules l:,e su~pended, so as to enable bim to art, StokeH, Stover, Sypher, 'Taber. Taffe, 'ftlYlor­ Thomas, 'Idt, 'l'rowLric!ge, Twichell, Upson, Vnn~Al'r, submit the following preamLle and resolution: nam, Bllrt 'van lforn, Van Wyck, Wnrd, Cadwnlndcr Whereas the President of the United States. C. Washburn, Ellihu B. Washhnrnc. Henry JJ. Wash­ in his annual message to the Fortieth Congress. burn, Wm. B. Wnshhurn, Welker, Whittemore, Wil­ at its third session, says: "It may be assumed liam Williums, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, llood, Wooduridge, ll'ood­ that the holders of our securities have already u:ard-15t,. received npon their bonds a larger amount than NAY8-I\1esAr~. Adonis, Arrhcr, Grorer, 'Ihomas L. their original investment, measurer! by a gold Jones, ]t[11ngen, Lawrence S. Trimble-fl. Nl'T VoTixo-1\It~s~rs. An

Hunter, Ingersoll, Johnson. Judd, Julian, Kelloi,11:, Kel­ the rern_l•1tion was agreed to-yeas 128, nays 34, sey, l\itchen, Koontz, \Villium Lawrence, I~incoln, Loughridi,e, Marvin, Mavnard, l\lcCarthy, l\lcl{ee, not votrng 60. Mercur, Miller, Moore, Moorhead, !11ullins, Myers, The NAYS were: Messrs. Archer, Baker, Barnes, Beck, Newcomh, f.;'il,frtck, Norris, O'.Neill, Or1h, Paine, Per­ Boyer, Brooks, Burr, Cary, Chanler, For. Getz, Golladay, ham, Pettis. Pierce, Pike, Pile, Plants, Polund, Pol~­ Grover, Ilaiyhl,, HotchHss, llumphre>/, Thomas L. Jones ley, Price. Pri:1ce, Randall, Raum, Robinson, Roots, Kerr. Knott, ,~Iarxhall._ Niblack, Phelps, Pruyn. Randall: SawvPr, ~chenc!{, 8:)ofield, Shanln~, Shellaharger, Sit­ Ross. S1t;1reaves, SpqJrhnJ(", Stone, Taber, Tift, Van Auken grcai·es, Sm~l h, Starkweather, Stevens, Stokes, St'.)ver, Wood, lroodward, Young-34. ' l'homas, 'l'ift, John Trim hie, Lawrence S. Trimble, Up­ son, Vnn Aernnm, Van. Auken, Burt Van Horn, Vidal, The preamble _was then agreed to-yeas 135, Wnrd, Henry D. Washburn, William B. Washburn, nays 34, not votrng 53. Welker. Whittemore, Thomas Williams, William Wil­ The NAYS were: :Messrs. Archer, Barnes, Beck, B011e1', liams, James F. Wilson, John T. Wilson, Windom Brooks, Burr, Chanler, Fox, Getz, Glossbrenner, Golladau, -116. Grover, Ifrti[lht. llotchkuis, Richard D. Jfubba1'd, Hum­ phrey. Thomas L. Jones, Kerr, Knott, l'tlar•halt, Jl:iblack, Removal of Disabilities. Phelps, Pruyn, ·Ramlall, Robinson, Ross, Sitgreaves, Stone, Taber, Tift, Van Auken, Wood, Woodward, l"oung-34. IN SENATE. The Committee made no report. 1863. December 9-Pending the bill to relieve from disabilities Franklin J . .Moses, of South Counting the Electoral Vote. Carolina- IN SENATE. Mr. GARRETT DAVIS moved to add the words, "and all other citizens of the St,1te of South Caro­ 1869, February 6-:11Ir. Edmunds submitted lina." this concurrent resolution: Which was disagreed to-yeas 9, nays 44, as Whereas the question whether the State of follow:· Georgia bas become and is entitled to reore­ Yr.,s-)frssrs. Bayard, Davis, Dixon, Doolittle. Ferry, sentation in the two houses of Congress is now 1'IcUreer_11.Norton,Pattei·so,,or'fennessee,Saulsbury-o. pending and undetermined; and whereas by the NAYs-Me,,rs. Anthony, Cameron, Cattell, Chandler, joint resolution of Congress passed J 11ly 20, Cole, Con:,ling, Conness, Corbett, Cragin, Drat«•, Ed­ 18 · 8 · 1 d A 1 · 1 d. • I munds, FessPnden, Fowler, Frelinghuysen, Grimes, (j , ent1t e " reso ut10n exc u mg lrom t 10 Harlan, Harris, Howe, Kellogg, Morgun, Morrill of electoral rollege vo•.es of States lately in rebel­ Main<>, Morrill of Vermont, Nye, Osborn, Patterson of lion which shall not have been reorganized," it New IIarnps!tire, Pomeroy, Ramsey, Hice, Robertson, was provided that !JO electoral votes from any Sherman, Spencrr, Stewart, Snmnt-"r, Thayer, Tq~ton, Trnmbnll, Van Wmk!e, Wade, Warner, Welch, Willey,. of the States lately in rebellion should be re­ Williams, Wilson, Yates-44. cei ved or counted for Pre~ident or Vice President [.No_ geueral disa_bility bill ~as pa,sed at either of the United States until, among other things, the third sess10n of the Fortieth Congress or the such State should have become entitled to repre­ first session of the Forty-First.] sentation in Congress, pursuant to acts of Con­ gress in that behalf: therefore, The Representation of Georgia. Resolved by the Senate, (the House of Repre­ sentatives concurring) That on the asoernltling IN HouSE. of the two houses on the second Wednesday of 18G9, Jan nary 28-Mr. Paine, from the Com­ February, 18G9, for the counting of the electoral mittee on Reconstruelion, reported the following votes ior President and Vice President, as pro­ preamble and resolution: vided by law and the joint rules, if the conn ting Wl,ereas it is provided by the reconstruction or omitting to count the electoral votes, if any, act, passed Mar~h 2 JSG7, that until the people which may be presented, as of the State of Geor­ of the lately rebellious St,iles Phall be by law gia, shall not essentially change the result, in admitted to representation in Congress. any civil that case they shall be reported by the President government which may exist therein shall be of the Senate in the following manner: "Were deer,1ed provisional only, and that no persons the votes presented as of the StH.te of Georgia to shall be eligiule to office in s:ich provisional gov­ be counted, the result would be for ----, ernments who are disqualified for offi~e by the for Presi,lent of the United States, -- votes; fourteenth amendment, of the Contititntion of the if not counted, for ----, for l'resident of United States; and whereas it is reported that the United States, -- votes; but in either the legislature of Georgia has expelled the col­ case ---- is elected President of the United ored members thereof, and admitted to their States; and in the same manner for Vice Presi­ seats white men who received minorities of votes dent. at the polls, and that members of said legislature Febrnn.ry 8-It was adopted-yeas 34, nays who had Leen elected thereto by the votes of 11, as follow: colored men joiued in such action, and tlrnt YEAS-Messrs. Abbott, Anthony; Cameron, Cattell, Cole, Conkling, Corbett, Cragin, Drn.ke, Edmunds, twenty-seven disqualified white men hold seats FrdinghuYsen, Howard, McD,mald, Morgan, Morrill in said legislature in violation of the fourteenth of !11aine, l'vtorrill of Vnmont, Morton, Nye·, Pool, Ram­ amend went of the Constitution and of the recon­ ~e-y, Ritie, Robertson. Ross, Sherman, Stewart Sumner, Thayer, Tipton, Warner, Welch, Willey, Williams, struction acts of C0ngress; and whereas Senators WilsoD, Yates-34. from Georgia have not yet been admitted to the NAtcl-Me~~rs. Buckalew, Dm·is, Fowler, Jlenrlricks, Ser.ate of the United States: therefore, ltfcC,·cery.1, }to·rton, Patterson of 'l'ennes8ee, Sauls&ury, Resolved, That the Committee on Recons!rnc­ 'l'mmbull, Vickers, Whyte-11. tion be ordered to inqnire and report wiiether . IN HOUSE. any, and if any, what, further action ought to February 8-Tbe rules were rnspended-yeas be taken during the Fortieth Congress respecting 97, nays 18, not voting 107-so as t0 enable the the representation of Georgia in this House. House to take up this resolution. The yote was .Under the operation of the preyious question, as follows: 394 POLITICAL MANUAL, [Part IV.

YEAs-1Ic~sr~. Alli~on 1 AmE":s, Hnnk~, n(l-nman, Beatty, Banks. Benton, Tllnckhurn, Boles, Bontwell, BovrPn, Benjamin, B(•nton, Blaine, Hlair, llnles, Bowen, Bronm­ H1wkley. R0njrtmin F. BntlPr, Cn.ke, Calli,. Renclcr \V, all, BncklunJ, llPniflmin F. Butler, Hoderiek R. Butler, Clarke, Sidney Clarke, Clift, Cohb, Corl0y, Covorle, Churchill. CLft, Col,b, Coburn, Corley, Cull,,m, Dawes, Dnwei:::, IJonnelly, Driggs, E<'kler, Edwaril"-1, Ela, Delano, Deweese, DiC'kPy, Dixon, Dodge. EcklPy, Ela, Thomns D. Eliot, Jame..: T. El'iott. Fields, FrPn,..h, Ferri:-:s, Ferry, Garfield, Hnls:.cy, Harding, l-IN\.ton, Hamilton, Harding, Iluuj1\ Boyden, Boyer, Farnsworth, been read, Getz, llofman, Ilotrhkiss, Johnson. 7'homns L. Jones, Mr. Benjamin F. Butler submitted the follow­ 1Yiblack, Phe!ps, Randall, Ross, Taber, Van Auken, Van Trump, lroudward, Young-lS, ing objection to counting the vote of Georgia: First. I object, under the joint rule, that the The resolution was then taken up, and c0n­ vote of the 8tate of Georgia for President and curred in. Vice President ought not to be counted, and PROCEEDINGS UNDER THIS RESOLUTION, object to the counting thereof be~ause, among On Wednesday. February 10, the two 1iouses other things, the vote of the electors in the elec­ met in the Hall of tue House for the purpose of toral college was not given on the first Wednes­ opening and counting the votes for President day of December, as required by law, and no and Vi~e President. excirne or justification for the omission of such The Presideut of the Senate then proceeded to legal duty is set forth in ·the certificate of the open the certificates of the electorg of the several action of tl,e electors. States, authorized to be representnl in the elec­ Second. Because, at the date of the election toral college* for President and Vice President. of said electors, the State of Georgia had not Upon the certificate of the electors of Louisiana been admitted to representation as a S1ate in being read- Congress since the rebellion of her people, or 1\Ir. 1\Iullins objected to the counting of the become entitled thereto. vote of Louisiana, upon the ground that no valid Third. That at said date said State of Georgia. election of electors had been held rn said .:;tate. had not folfilled, in due form, all the require­ The SENATE withdrew, and voted ments of the Constitution and laws of lhe United That tlie votes of the electors of the State of States known as the" reconstruction acts," so as Louisiana be counted-yeas 51, nays 7, as fol­ to entitle said State of Georgia to be rPpresented low: as a State in the Union in tlie electoral vote of YEAS-Messrs. Abbott, Anthony, Buckalew, Cameron, the several States in tbe choice of President and Cattell, Cole. Conkling, Connef:s. Corbett, Cra~in, Davis, Vice-President. ])i;con. Doolittle, Drake, Edmnnd.q, Ferry, Fessenden, Foiirth. Tbat the election pretended to have Folrler, :r~relin2:huysen, CTrimes, Harlan, HarriR, llen­ dricks. Howe, Kellogg. ..HcCreerll, MclJonal?, l\forgan, been held in the State of Georgia, on the first l\lorrill of Vermont. Osborn, Patterson of New Hamp­ Tuesday of November last past, was not a free, ~hire. Patterson of Tennessee, Pool. Ramsey, Rice., Ross, just equal, and fair election, but. the people of SaulA:ii>ur.11. 8awyer, Sherman, 8pencer, Sprague, Stewart, Tipton, Trnmlmll, Van Winkle, Vicker,, Warner, Whyte, the State were deprived of their just rights Willey, Williams, Yates-51. therein by force and fraud. NAYs-)Iessrs Cllandler, Howard, Nye, Robertson, The SENATE withdrew; and "oted Sumner, Thayer, Wilson-7, , Tbat., under lhe special order .of the two Houses 'l'be llousB voti:d to count the vote of Louisi­ respecting the electoral votes from tl,e State of ana-yeas 13i nays 63, not voting 22, as follow: Georgia. tbe objections made to the counting of YEAS-:\fessrs. Allison, Ames, Axtell, Baker, Barnes, the electors for the State of GPorgia are not in Barnuni, .Beaman, Beatty, Beck, Benjamin, Bingham, Blaine, Blair, Hoyden, Bayer, BrtJmwell, Brooks, Broom­ order-yeas 31, nays 213, as follow : all, BncklanJ., Burr, H.oderi,·k H.. Butler, Cary, Chanler, .YEAS-Messrs. Ahhott, Anthony, Buckalew, Cattell, Churchill, Cobnrn, Cullom, Delano, Deweese, Vickey, Conness, Corbett, Cragin, Davis, Di.t'on, Doolittle, Ed· Dixon, Docker/, IiodiRsee. RoF-l.~, Saulsbury, San-yer, Sherman, kiss, AJ-:ahel W. HuULard, llumphrc.11, Ingersoll, Jenckes, Sprague, Stewart, Tipton, Vickers, Whyte, Williams-:n. Johnson, Alexander H. June~, Thoma8 L. Jones, Judd, NAYs-Messn~.. Cameron, Chandler, Cole, Conkling, Kelley, Kelit>gK, ]{err, Ketcham, Kitchen, J{nott, Drake, Ferry, Fes.R-enden, Hnrlan, Hnrris, Howe, :Mc· Koontz, Laflin, La:,.1h, George V. Lawrence, \Villia.1n Donald, Morgan, Nve, Pool, Rnmsry, Riee, Roh0rtson, LnwrPnce, Lincoln, Logan, Longhridge, Mallory, }Jar­ Spencer. Snmne-r, · 'fhnyer, 'rrumbull, Van \Vinkle, shall, Mnrvin, McCarthy, i\lcCormick, McCu/lvugh, Miller, Wado, Warner, Willey, Yates-2G. Moore, Moorhead, Mnngen, Newcomb, Niblack, Nichol­ son, Norri""', !Sunn, Peters, Phelps, Pike, Pile, Plant~, Mr. Howard offered this resolution: Poland, Polsley, Price, Pruyn, Randall. Raum, Robert­ son, R.oss, Sawyer, Schencki Scofield, Selye, Shellabar· Resolved, That the electoral vote of Georgia ger, Sitgre.aves, Smith, ~palding, Starkweather, Stewart, ought not to be counted. Stokes, Stone, Taber, Taffe, Taylor, Thomas, Tift, John Which, being entertained M in order, was 'l'rimiJlP, Trowbridge, Twichell. Van A~ken. Bnrt Van Horn, Van Trump, Ellihu B. Washburne, William B. disagreed to-yeas 25. nays 3!, as follow: Washburn, Welker, James F. Wllson, John T. Wilson, Yns-Messrs. Abbott, Cameron, Chandler, Cole, Windom, ll'oorl, Woodbridge, lfoodwar,i, l'oung-137. Conklin1<, Drake, Harlan, Harris, Howard. HowP, Kel­ NAYS-Messrs. Delos R. Ashley, James M. Ashley, logg. McDonald, Nye, Osborn, Ramsey, Rire, Robert­ son, Sawyer, Spencer, Stewart, Sumner, Thayer, \Vade, * For law ~nverning this point. spe PoliticA.l l\Ianual Wilson. Yntes-2.5. for 1808, p. 110, or Haud Book of Politics for 18G8, p. 397, Nus-Buckalew, Conness, Corbett, Cragin, Davis, Page 13] POLITICAL VOTES. 395

Dixon, Doolittle, Edmund~. F0rry, Fes~enden, Fowk·r, March 16-The IIollSE pa~sed it-yoas 111, Frelin(.;huy:-;cn, Grimes, llendricks, NcCreery, Morgun, Morrill of Maine, Morr'II of Verm0nt, M,,rton, l'ut­ nays 46, (not voting 39) as follow: ter~on of ~ew Hampshire, Pattcrxon of 'l'ennei-.~ee, YEAS-:\-Iessrs. Ambler, Armstrong, Arnell, Ai,;,per, Pool Ros~. 8aulsbury, Sherman, Sprague, Tipt.on, Bail:>y. Bauk:-i., Beaman, Ben.tty, Benjamin, Benton, Trn~lm!l, Van \Vinkle, Vickets, Warner, W hyfe, \V1lley, Bingham, Blair, Boie:;;, Boyy, Duval, Dyer, vote of Georgia he counted? Yeas 41, nays 150, Ela, Ferris~, Ferry, Finkf'lnhnrg. Fhd1cr1 Fiteh, Har~ (not votiug 31,) as follow: field. Gilfillan, Hale, Heaton, Hoar. Hoor,er, Hopkins, Hotchkis~, In~er~oll, Jencke:-i., Alexander II. Jones, YEAs-~Icssrs Axtell, Bnker. Barnes. Barnum. Beck, ,Judd. Julian, Kelley, Kelsey. Ket,•hnm Knapp, Laflin, Boyer, Brooks, Burr, Cary, Chn.nler, Eldridge, Farrn;;­ La..:h, Lawrence, Longhridg-e, Maynard. J\lr·Carthy, worth! Getz. Glos;sbrenner,. Gollada.11, Grover, Jlr1i!Jhf, 1\t<'Crnry. M1·GrP-w. l\It->rcur, Lliakim H. Moore, .Je~--:::e H. Ha.wkrn~, Jlnlman, 1Ivtchkiss. Jlurnp~irey . .Johnson,.~?. L. Moore, William Moore, M 1rrell ~lorrill, Ne_!!l~y, O'Neill. Jone.s. A-err, ]{not( lilarshal.l. JJicG'ormick, lllungcn. ]',jichol­ O,·th. Pac·knrd, Pnine, Palmer, Peters, Phf'lps. Poland, R11S.'I. son, Phdps, Pruyn, Bandall. Ditqrem:c'8. 'Taher1 7."ijt, Pom£>roy, Pros~er, Roots, 8anfurd. Sar~ent. Sawyer, Van Aukcn, Van Trump, Woorl, Woodw,ird, Young-41. 8ehenck. Scofidd, Shank~, John A. Smith, Williatn J. NAY8-Messrs. Allison, D.R. A•hley, J.M. Ashley, Bald­ Smith. \Villiam 8myth, Hteven!='lon, Rtoke~, Stoughto?:.,. win, Bank~, Beaman. Beatty. Benjan1in. Benton, Bing~ Strickland, Tattb, Tant1er, Tillman Tow11~c11d, Twich­ hn.m lll::.dne, Blair, Bolt'.S, Boutwell. BowPn, Bnyden, ell. Tyn~r. l'pson, Van Horn, Carlwnlarler C. Washburn, BroITlwell, Broomall, Huddand, Bttf'kh_:.y, Benj. F. But­ William ll. Washburn, Welker. Wheeler. Whittemore, ler Roderick IL Butler, Cairn, Callis, Churchill, Read,•r \Vilkinson, \\'illard, \Villiams. \VinanR-111. W.' Chrke. Sidney Clarke, Clift, Cobb, Cohurn, Corley, :N°Ars-I\lcssn,. Archer, A:rtcll, Beck. Bigg,i;, Bird, Brooks, Covode. Cullom, DawEc:A, DPweesr,, Diekey, lJixon, Burr, O,tkin, Crebs, Dicbn1Jon, Eldridge, Getz, Uollada,1, ])odgn, D,mnelly, Driggs, Eckley. Edwards, Eggleston, Hai;,ht, Jintdcmnn, Jinmill, Holman, Johnson, Thomas L. Ela, 'l'hnma:-t D. Eliot, James T. Elliott, Ferris~, Ferry, Jone,, Enott. lllm·,ha/l, llla,,hani. J',fcCor111ick. lllcNce/11, Field~, French, Garfield, Go~s. Gove, GravP1y, Hal~ey, M,i{Tet. Morgan. M rngcn, Xib/ark, Potter, Jlcading, lleevcs, Hamilton, Harding. Haughey. Heaton. Highy, Hill, Rice, Slo<'unt, Joseph S. Smith, Stone. St,radcr, Sw11nn, Hooper. Hopkins, Chester D. Hubbard. IIulburd, Hun­ ,Sweene,,. Trimble. Van Auken. Van Trump, JVetls, Eugen

Barnum,Ben.mn.n, Benjamin. Brnton, Blackburn, Blaine, I Barnes, Barnum, Benmnn, Benjamin, Blar.kburn, Blair, Blair, Boyden, Boyer.Brook•. Broomall, Buckley, Callis, Boyden, Bo•1er, Brooks, Broom,1ll, Buekh•y. l{oder­ Chrmle,·, Churel1ill, Render \V. Clarke. Sidney Clarke, kk l{. Butler, Callis, Chanler, Chur,·hill, Rcarler W. Clift.. Corley, Cornell, Cnllom. Dawes, Dt.,lano. Dixon, Clarke, Corley, Covode, Daw,•s. Dt>lano, Dixon, Dodge, Dodge, Dr:g~R. Ec_~kle:v, Thomn8 D. Eliut, Jn.mPR T. El­ l>ri_e:f!S, Edwards. Thomns D. Eliot. Jame.~ T. I:Jliott, liott, Ferriss, Ferry, FieldR, Garfield, Get1,, Glo.,sbrenner, Field:-;, Getz, Glost.brenncr, Gove, Griswold, Grover, Gove, (;ri· w .. ld. Halsey, Hardin/!, Henton. Higby, Hill, llaight. Halsey, Hardin.,;, Henton, flotrhk,ss. Chester D. Hooper, Ilnt,·hki.,s. Chester D. Hubbnrd, Richnr!l D. Hubbard. Richarrham, Phelps, rell, l\Inllin:,:i., Myers, NP.wcomh, New~lrn.m, Norri~, PierPe, Pike. Plant~, PnlanU, Pomt'roy, Prif~f", Pruyn, 0'.Neill, P,line, l-'P.rl1n.m, PcterR, Pett.is, Phelp.<;, Plants, llaum, Schen<·k. Scofield.. Spalding-, S n.rkweat.her, Poland, Pomeroy, Price., Ranm, Robertson, Robinson, St.:>warL Stone, Stover, 'Taber, Taylor, Trowbridge, Roots Sawyer, 8ehenck, ScofitAIJ. Shellabarger, Smith, Twichell. Van AC'rnmn, Vr,n Auken. Burt Van Horn, Spalding'll-,tar,.;weather.Stewart, Stover, Taber, Tnylor, Ha.milt.on, \Vnrd. \Villiam B. \Va~hl,urn, \Velker, 'l'rowhriu·ie, Twinl1ell, Upson, Van Aernam, Burt Van \Vhittemore, James F. \Vilson, lVood-100. Hom, Ro\icrt 'I'. Van Horn, Ward, Ca\lwalader.C. Wash· IN SENATE. bnrn, \Vi.ltam B. \Vn.shhnrn, \Vcl1..:f'r, \Vlutte-more, Thomas Williams, James F. Wilson, Windom-121. February :lG-Tl1e bill was reported back lSAYs-~lt>ssrs. Archer, Baker. Beatt)', Berk, Bowen, from the Committee on Finance amended so Bromwell, Burr. Bt>nJamm F. Bt1tl1.:~r. H.odt>r11;k l-L But.­ ' ler, Cake-, l'obh, Coburn. Cook:, Covndc. Deweese, Don­ as to read as Jollows: nelly, Eggleston. Ela.Eldridye.Farnsworth.Fo.c, FrPneh, A':'! AcT relating to the ]'Ul,lic debt. G_olladay. U"ss Grover,Hmght. Huwk111s.1Iolman, Hop­ Be it enacted J:c. That in orJer to remove kins, Ilu.111phre:1, Hnnter, lnger~nll, Johnson. Thomas L. ' • Jone,,, Kelley. J{e1-r. Knott. William Lawrenee, Lough· any doubt as to the purpose of tl,e Govemment ridg,•, A,IarMall, FcCormick, Mung_en, l,iblctck, J;iun~, lo discharge all just oulign.tions to the public Orth, P1,lions have been contrncted, it is here­ PPnding the l'assage, bv provided and declared, that the faith of the Mr. !'i1l,Jack 111oved to strike out the first sec­ United :'itates is solemnly J•ledget, Goss, Urnvely, Grover, Haight, may be paid in lawful money or other currency Hawkin.,, Ilulman. Hopkins. llumphre", II11ntcar, lnKer­ than gold and sih·er. tmll, John:Jon, Thomns L. Jone.-:. /{err, J{nott. Loan. Jllar~ shall, Ncl'o,·mick, Jllungen, Niblack. Orth, Pike, Pruyn, SEC. 2. That any contract hereafter made Ro.s. Shanke. Stevens, Stokes. Stone, 'J'atie. Tift. Van 8pecifically p:tyaule in coin, and the considera­ Auke,i. Van Trump, Henry D. Washburn, John 'l'. Wil­ t10n of which may be a loan of l'Oin, or a sale son, ll'oocl. ru,rng-54. NHs-"lessrs. Allison,Ames, AndPreon, Arnell, Delos of property, or the rendering of labor or ser­ R. As!lle.v, James 111. Ashley, Axtell, Baldwin. Danks, vice of any kind, the price of which, as carried Barnu.n... Ueaman, Benjamin, Benton, Bingham, Black• · t ti l I l j' t d b11r11. BLlinc, J)lair, Boutwell, B<'yden. Bo·:er, Bromwell, 10 0 18 con ract, may ,ave ieeu a, .I us e on Brook,, Hrnom.,ll, Buckley, Cairn. Chanler. Glrnrehill, the bnsis of tl,e <'oin value tberrnf at the time Rearri s. F,•rry, FiPlds. Glossbre,mer.Go.-e,Gris­ enforced aCl'Ording to its terms, wold. llalse.v. Harding, Heaton, lli1£hy, Hill, Ilonper, Feuruary 27 -1fr. Henderson moved to nmend Ilotehkiss, CIH'stPr D. Hubhurd, Richard D. Hubbard, ti fi t I f l d · l, k' Hulburd. ,JenekPs. Alexander H. Jones.•Jurld, Julian, 18 r~ cause O tie secou secllon Y ma mg Kelley. Kello/!g. Kelsey, Keklrnrn. Kit<-hen, Koontz, it read as follow: Lall in, Lash. Ueorge V. Lawrence, \\'illiam Lawre1we, That an.v contract hereafter m ,de sp_ eeifically Logun, Lynell. Mallory,l\Iarvin, !\1ayn:u

Stewart,Stover. Taber, Taylor. ThomH~, 1'rimhle1 Trow­ brhl~A. 'fwi,·hell, Upson, Van Aernam, Unrt Van Horn, Ys.s-Messrs. Cole, Conkling, Corhett. Di.con, Fes• Warr!, Caclwalader C. Washburn. William B. Washhnrn. senden, Henderson, Pomeroy, Ross, Stewart, Trum­ Welker. Whittemore, Thomas Williams, William Wil­ bull-HI. liams, James F. Wilson, Windom-1;;0. NAYS-Messrs. Abbott, Anthony. f'ameron. Cattell, Clumrller, Connes~, Crn~in, Davis. Doolittle. 1Jr11ke, Ed­ 1'1r Al!i,on moved to strike out the second sec­ mnnrlR. Ferry, Frelinghuy.,en, Hnrlan. Howe, Kellogg, .McCreery, McDonnld, Morgan, Morrill of Vermont, tion. wl,il'li was lost-yeas 72, nays 100, (not vot­ 1\lorton, Nye, Osborn. Patterson of ~ew Hampshire, ing 50,) ~s follow: Ramsey, Hi<'P, Sawyer. Sherman. Sumn"r, '!'hayer, YEAs-l\1e~srs. AlhRon, .Anker, Beatty, Beck, Bent.on, Wade, Welch, Willey, Williams, \Vilson-35. Bowen, Urn111well, Benjamin F. Butler, Cake, Clift, Mr. Bavard moved to strike out tlie second Cobh, Coburn, Cook, Corn<'ll, Cullom Dewet>sc, Dickey, seclion, which was not agreed to-yeas 7, nays DonnPlly, E<>ldcy, Ela, Eldridge, F'arn~worth, Ferri~:-t, Ferry, Fo:r, Gotlada.11, Goss, Gravely, Hawkins, llolmrm, 36, as follow: Ho0per. Ilor>kin~. HuntPr, [email protected], Kelle~·, Kelsey, YE,s-Messrs. Chandler, Cole, Davis. Duolittle, Fow­ J{nott, Koontz. \Villiam LawrC'nce. Loan, Longhri

iir. Henderson moved to amend the first sec­ ble period for the redemption of the United States tion so a~ to make it read as fol Iowa: not~s rn coin . That it is hereby provided ancl declared that . SEC 2. That any con.tract hereafter made spe­ the faid1 of tbe United States isRo!unuly pled;sed c1fically payaLle Ill coin, and the consideration to an early resumption of specie payment l,y the of which may be a loan of cnin, or a sale of Government in order that conflicting questions pr,,perty, or the .rendering of laLor or s··rvice of touching the mode of disrharging the puulic in­ any kind, the r·nce of which, as carried into the debtedne3H may be settled and. that the rnme contrnet, may 1ave been adjusted on the Lasis of may Le paid in gold. tl10 coin rnlue thereof at the time of rncb sale or tl:e rendering of such sen·ice or lal,or, shall be Which was not agreed to-yeas 8, nays 34, as leg.al and valid, and may b_e en forced according follow: to l ;. terms; and on the trrnl of a suit brou"ht YEAS-Messrs. Cole, Davis, Henderson, Morton, Pom, for the enforcement of any sucl1 contract, pr~of eroy, ltoliertson, Ro8FZ, Spcncer-8. N.,TS-Anthony. Cattell, Conkling, Conness, Corbett. of !lie real consideration may be given. Cragin. Dixon, Edmunds, Ferry, Fessenden, Freling­ 8ame day-The Senate agreed to the ieport­ huy.-,cn, Grimes, I-lttrlnn, Harra~, Howard, .l\Icl>onal

f:Oil of !\cw Hampshire, Rohcrtson, f:1awycr 1 Ghe-rman, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Same day-The House adopted the report­ \Vilson-::o. ye,1s J 17. nays 59, (not voting 48.) as follow: NATs-~lessrs. Cole, Da,fa, Doolittle, Fowler, IIender­ YEAS-Messrs. Allison, Ames, Arnell. Delos R. Ash­ son, /lcnlricks, JfcCrecr,11, !\1 c Donn.ld, 1\1 orton, Os~mrn, ley, James M.. Ashley. Axtell. Bailey. Bnrncs. Barnum, Patterson ofTennessee, Pomeroy, Ross, Spencer, \Vade, Wclch-16. B'.:'uman, Dcn.1a.mrn, Denton, B1n1hmn Blair. IJoutwcll, ~·n~,.'Il, Doydcn. Broo!'.·s. Br:1omall. H:wkley, Cake, The title was n.rnended so as lo read '' An act CuliI_.', Chf!~ler, Church11l, Rea,cter W. Cbr:,c, 8itlney Cl_ar~{e, Clllt-, Corley. Cornell, (.ullorn, D.:1.wes, Drnkey, in relation to the pnblic debt." D1x.'.1n, Dod~c, Eckley, Tlinmas D. Eliot. Jame~ 'l'. 1Iarch 2-The House non·concurred in the Ell!ott, FC'rrisq, Ferry, Fields, Garfield. n·we, Gris· w0ld, Hulsey, Haughey, Hen.ton, Hi:?by, Ilill, Hooper, nmendm,·nt~ of the Senate, and a committre of llotchkis,9, Rtchn.rd _D. llubbard. Hulbu"d, J0nc!{cs,

con fi,ret1ee ( 1lessrs. Schenck, Allison, and Nib· AIPxandcr II !on0s, Judd, Julian. Krlbgg1 Kel~ey, Ketcham, Laflin. Lash, Geor:,:e V. Lawronf!o. Lincoln lack) it[•poi nted. 1 L0;::i:11n, Lvneh, l\Jallory, :Marvin, l\Iavnnrd. l\IrCarthy Sarne c.Jny-The Senate insisted on its amend­ f.1'K0e, Mercnr. l\Iillcr, l\Ioore. Moorhenrl, Morrei1' ments, an,fappointet! Messrs. Sherman, Williams, l\Iu!Jh~. Myer~. Newsham. Norris (YNr.-i!I, P,iinf', Per~ and 1forton a conference committee. ham, P~ter~, Phelps, Pile. Plants, Pobn(l. Pri-:}e. Prince, Raum, TI0bertson, Robinson. R·iots. Snwyt•r. Srhenek, M,irch 3-The committee repor1ed the follow­ 8"J0fiel

bill was ordered-yeas 116, nays 47; and the lo fill surh office; and in case of such suspension, it bill was ordered engro~sed, and was read a third shall he the duty of the President, within twenty time. It was tl1en pass~d-yeas 121, nayo 47, days after the first day of rnd1 next meeting of not voling 53, as foliow: the Senate, to rcport to the Senate surh suspen­ YEAS-Messrs. Allison, Anderson, A.rtell, Bniley, Bald­ sion, with the nume of the person so designated win, Banli8, lJarnmn, Dea.man, .Beck, Dinghan1. Blaine, to perform the duties of such office; and if the Blair, Dontwcll, Bowen, Unydon, Buckley, Burr, BPn­ jamin :F'. Ut11 ler, R~rs, Pettis, Phelpo, Plant·~, Prine, Prince, Hobert:-:on, Robin­ son so perfurmin~ its duties in hi~ stead shall son, Roots, t:Ja.wyer, Scolleld, Sitgreaves,Spaiding. :-:itark­ cPase; and tbe official salary and emoluments of wcather, Sr0vpn:=::, ~tewart. &tone, Sr-over, SyphC'r. 'l"abcr, rnch officer slLall during such suspPnsion belong Thoma~. Tilt, Trimble, 'l'rO\vbrid~c, 'l'wiC'hell, ran Auken, Van Trump, Vidal, Ellihu I.I. Washburne, Henry to the person so perlorming tl,e dulies thereof D. Washburn, William Williams, James F. Wilso11, and not to the officer rn suspended: I'rovided, John 'l'. \Vil· on, 8tc•phen F. Wilson, Windom, Wood­ however, that the President may, in his discre­ brido:e, Woodward, Young-121. NAYs-Mcssre. Ames, Arnell, Ddos R. Ashley, Baker, tion, before reporting such suspension to the Beatty, Dcnjamin, llcnton, Doles, Dromwcll, Du('klanU, SPnate as above provided, revoke the same, and Churd1ill, Delano, Ela, Farnsworth, Ferris~, French, reinstate such officer in the performance of the Garlielmei oy. Pool, Ramsey, Uobrrtson, Ro~s, Sher­ appointed as aforesaid, excepting judges of the ma,1, 'lhavur, Van Winkle, Vickers, Warner, IVhyte-22. United States courts and to designate some suit­ NAYB-~iessrs. Abbott, Anthony, Cameron, Chandler, able person to rerform temporarily the duties of Corl.ett. ()rag-in, Ferry, Frelinglluyf:"en. Harlan. Harris, Hr,,v.,r,1, Howe. Morrill of Maine, Morrill of Vermont, such oflice no ti the next meeting of the i:ienate, Pdtte..son of New Hampshire, Sawyer, Spencer. Sprnp:ue, and until the matter shall be acted upon by the bumu,,r, Tipton, Trumbull, Wade, Welch, Willey, Wil­ Senate; and such person so designated shall take liams, Wilson-26. the oaths and gi\·e the bonds required by law to [For further votes'on this subject, see a sub­ he taken and given by the person duly appointed sequent chapter.] XL.

XVTII CONSTITUTIONAL AMENmIENT.

A RESOLUTION proposing an amendment to the I Paine, Perh~m, Peters, Pettis, Pike, Plants, Poland, ConstituLiou of the Uuited States. Pom~roy, Price, Prince,, Haum, Roliert.so!), Root8. ~aw• ycr, Scofield, Shanks, ·Shcllaharger, S:nitl'., bpa1 clrng, Resolved by the Senat 0 and }louse of Repre­ Starkweather, 8tevcns, Stewart, !-itokes, Stover, Tatfo sentatives of the United States of America in Con­ Thomas, Trim hie, Trowbridge, Twichell. Upson, va.{ ress assembled (two·thirds of both houses con­ ~ernam, Burt Van Horn, Robert T. Van Horn, :V~rd, g . , ' . . . Cndwalder U. \V:l.~libnrn, Henry .IJ. \Vashburn, Wilham curring,) 'I hat tlie followrng article be 1,roposed II. Washburn, Welker, Whittemo\'e, Thomas Williams, to the Jer,islatures of the several States as an William Williams, James F. Wilson, John T. Wilson, amendme~ t to the Constitution of the United Wipdom, lllr. Hpeaker Colfax-HJ. · h l ·fi d b I f' I f NAYs-Messrs. Archer, Axtdl, Bnrncs, Beck, Boyer, States, w 1Ile , W rnn rat1 e y t 1ree- ourt 18 o Brooks, Burr, Cary, Chanler, Eld>'idye, Fox, Getz. Gloss­ said legislatures, shall be valid as part of the brenner, Golladny, Grover, Haight, Hawkins, Holman, Constitution namely: l{otchk,ss, Richard p. Ifu,bliard, llurnp.hrey, Johnson, , 1 homas L. Jone,'!, !!..err, l\nott, Loughridge, Mallory, ARTICLE xv. /tlarshall, .McCormick, JlcCutlougli, /tlungen, I\'iblack, lt"icholson, Phr:lps, Pruyn, Robinson, Ross, Slone, Taber, SEC. 1. The right of citizens of the United Van Auken, Van Trump, Wood, Woodward, Young-44. States to vote shall not be denied or abridged by This subject engaged a large share of attention tbe United States or by any State on account of during the third session of the Fortieth Congress. race, color, or previous condition of servitude. The various votes and proceedings upon it are SEC. 2. The Congress shall have power to en­ subjoined in the order of the date of occurrence. force this article by appropriate legislation. t'CHUYLER COLFAX, The House Joint Resolution, (H. R. 402.) Speaker of the House of Representatives. B. F. WADE, IN HousE. President of the Senate pro tempore. 1869, January 30-The House passed the Attest: amendment in these words: EDWD- McPIIERSON, JOINT RESOLUTION proposing an amendment to Clerk of House of Representatives. the CQnstitution of the United States. GEO. C. GORHAM, Be it resolved by the Senate and House oj Secretary of Senate United States. Representatives of the United States of America in Congress assembled, (two-thirds of both houses The Final Vote concurring,) That the following article be pro­ posed to the legislatures of the several Stat.es as IN SENATE­ an amendment to the Constitution of the United 1869, February 26-Tbe report of the com­ States, which, when ratified by three-fourths of mittee of conference, rec?mmending the passage sad legislature~, shall be held as part of said of the amendment as printed above was agreed Constitution, namely: to-yea.s 39, nays 13, as follow: I ARTICLE ­ . YEAS-:IIessrs.Anthony,Cattell,Chandler,Ccle,Corik­ SEC 1 The ricrht of any citizen of the United hng, Conness, Cragin, Drake, Ferry. Fessenden, Fre· · • o . . liughuysen, Harlan, Harris, Howard, Howe, Kellogg, States to vote shall not be denied or abridged McDonald, Morgan, Morrill of Maine, J\Iorrill of Ver­ by the United States or any State by reason or mont, Morton, l'iye, Osborn, Patterson of New Hamp­ , 1 · .1· • f l· . f shire. Ramsey, Rice. Robertson, Sherman, Stewart, race, c.o.or, or previous c~nu1t1on o s a\ery o Thayer, Tipton, Trumbull, Van Winkle, Wade, Warner, any citizen or class of c1t1zens of the United Welch, Willey, Williams, Wilson-;m. States NAYS-Messrs. Bayard, Buckalew, Davis, Dixon, Doo­ S , · 2 Th C h ]l ] t _ little, Fowler, Jlend,·icks, 3/cCreery, Norton, Patterson of EC. · e ongress ~ a . iave powe.r. Oen Tennessee, Pool, Vickers, Whyte-13. force by appropriate legislation the prov1S1ons of February 25-Tbe House concurred-yeas 144, th(~ article. . nays 44, (not voting 35,) as follow: l be vote was yeas 150, nays 42, not voting 31, YEAS-Messrs. Allison, Ames, Anderson, Arnell, De­ as follow: los R. Ashley, Ja,nes M. Ashley, Bailty, Baker, Banks, YEAs-Me,srs. Allison, Arnell, Delos R. Ashley,James Beaman, Beatty, Benjamin, Henton, Bingham, Blaine, M. Ashley, Bailey, Baldwin, Banks, Beaman, Beatty, Blair, Boutwell, Howen. Boyden, Bromwell, Hro(Jmall, Benjamin, Benton, Blackhurn, Blaine, Blair. Boles, Buckley, Benjamin F. Butler, Roderick H. Butler, Cal­ Boutwell, Bowen, Boyden, B1omwell, Broomall, Buck­ lis, Churchill, Reader W. Clarke, Sidney Clarke, Clift, land, B11ckley, Benjamin F. Butler, Cairn, Callis, Cobb, Coburn, Cook, Corley, Cornell, Covode, Cullom, Churchill, Sidney Clarke, Clift, Cobb, Coburn, Cook, Dawes, Vickey, Dodge. Donnelly, Vri)?gs. 1''.ckley, Yg· 1 Corley, Covode, Cullom, Dawes, Delano, lJeweese, gleston, Ela, Thomas D. Eliot, James T. Elliott, Farns­ Dockery, Dodz;e, Donnelly, Dri.!!gs, Eckley, Edwards, worth, Ferriss, Ferry, Field~, French, Gartielrl, Goss, Eggle:?;ton. Ela, Thomas D. Elil)t1 James 'T. Elliott, Gove, Gravely,Gri~wold, Hamilton, Harding. Haughey, Farnsworth, Ferriss, Perry, Field:,. French. Garfield, Heaton, Higby, Hill. Hooper, Hopkins, Chester D. Goss, Gove, Gravely, Griswold, Hnl:.,ey, Hamilton, Hubbard, Hullrnrd, Hunter, Ingersoll, Jenclrns, Alex- Harding, Haughey, Heaton, Highy, Hooper, Hopkins, antler H. Jones, Judd, Julian, Kelley, Kellogµ:, Kelsey, Chester V. llul>l,ard, IIulburd, Hunter. Jenckes, Alex­ Ketcham, Kitchen, Koontz, Latlin, l.At~h. William Lnw· under H. Jones, .Judd, Julian, Kelley, Kellogg, Kelsey, rence, Logan, Lynch, Marvin, l\Iaynur

'Moore, Moorhead, Morrell, Mullins, Myers, Newcomb, Icy, Axtell, Bailey, Baker, Banks, Barnum, Beck, Benjn. Nmvsham, Norri~, Nunn, 0 1 Neill, Orth, Paine, Perham, min, Bingham, Blaine, Blair, Boutwell, Boyden, B011er, Peters, Pierce, Pike, PiL~, Plants, Poland, Price, Prince, Bron1wPll, Brooks, Burr, Benjamin F. Butler, Callis, Hamn, Robertson, Roots, 8awyer, Seofielcl, Srlye, Cary, Chanler, Churchill, Sid~C"Y Clarke, Conk, Corley, Shanks, Shella.bn.r,~er, Smith, SpnlJing, Starkweather. Covode, Dr-weese, Dockery, Dod~c. IJonnelly, Driggs, St.cwart., Stoke:?, Stover, Taffe, Taylor, Thoma~, , Eldridge. Thomas D. Eliot, FPrri~s, Ferry, 'l'rimhle, Trowbridge, 'rwi<'lH'll. Upson, Vnn Aernam, Fields, Fox, Garfield, Getz, Gollada.11, Go~~, Gove, Gris­ Burt Van Horn. Robert'!'. Van Horn, Vuu Wyck, Ward, wold, Grover, Haight, Halsey, lfardini:t, llnup:hey, Hea­ Cadwulnder C. Wushburn. Henry lJ. ll"nshburn, William ton, Higby, Hopkins, Jlotchki.ss, Jlull•nrd, Jlum1/1rey, B. \Vn!:-hhurn, \VeH~er, \Vhittemorc, Thomas \Villiams, Hunter,JPncke~, Johnson, AlcxandPr H.JonPR, '1 hornas \Villiam \Villiams, James F. \Vil~on. John 'l'. \Vil:-ion, L. Jones, J{e1·r, Ketcham. J{nott, Koontr., Laflin, Lash, Stephen F. Wilson, Windom, and irr. Speaker Colfax Lineoln, Lon,1.;hridge, Jllarshall, l\lnrvin, fllcCormick, -1:.0. ftlcCuUough, McKee, Mercur, Miller, Mnore, Morrell, 1\AYS-~Ies~rs. Archer, Axtell, Baker, Barnum, Berk, ftlzmgen, Myers, Newcomb, .1Yiblack, 1Yichol8on, Nunn, Binghmn, Bo.11er, Brooks. Burr, Can1 Chanler, Fox, Getz, Perham, Pet<'rs, Phelps, Pierce, Pike. Pile, Poland, Gollada.11, 0-rorcr, H"aight, Hawkins, llotchkiss, J[um­ Pruyn, Randall, Ra11m, Hobertsoni RolJinson. Ro1.,t~. Ross, phre11, Johnson, Thomas L. Junes. ]{err, l\.pnott, Nm·shall, Sitgrem,es, Smith, Spaldin~. Stewart.. Stone, 8tover, Taber, .JfcCurmick, Nungen. JViblack. iYicholson, Phelps, Polslcy, 'l'n.tre, Taylor, Thomas, Tift, John Triml,le-, rrrowhridge, Pruyn, Randall, Rubinsnn, Ross, Si!r,rcm:cs, Stone, Taber, Upson, Van Aernam, Va.n Auhen. Bnrt Van Horn, Van 21ft. Van A ukcn, Van Trump, ll'ooclwarc!, J'oung-42. Trump. Van Wyek, John T. ,vuson, Rteplwn F. ,vilson, ~OT VoTrxo-1\lessrs.Adams. Ame~. Anderson. BarncR, Windom, Wooclhridge, Woodward, ro11nf7-128. Roderick R. Butler, Reader W. ('lnrke, Cornell, Dickey, NoT VoT1xo-l\Ie~srs. Adams,Amcs, Anrler:-ion, Barnes, Dixon, Eldridge, Glo,i;shrcnncr, Hill, Ilolman. Asahel \V. Blackburn, Buckley, Roderick R. Butler. Render W. Hubbard, Ric/tare! D. IIubbard, lne:ersoll, Kitchen, ~fal­ Clarke, Cornell, Dickey, Dixon, Farn~worth, Glossbren­ lory, i.\IcCarthy, McCuJ!ough, .Mc,rri.sscy, Petti~, PomC'roy, -ner. Hill, Jlolman. Asahel W. lluhl•nrcl, Rirhard D. IIub­ SC'henck, Stevens, Sypher, Lmcrence S. Trimble, Vidal, barc!. Inp:ersoll, l{cllnirg. Kitchen, Lynch, l\fallory, Mc­ Ellihu B. Washburne, Wood, Woodbridge-31. ~arthy, l\1oorhea~, 1Jlorris8C.1f, Pettis, Pomeroy, Selye, Stevens., Lawrence S. Trimble, Vida}. Ellihn B. Wash~ burne, William Williams, James F. Wilson, Wood-35. The Frevious Votes. The amendment of Mr. Bingham was then dis­ Same day-An amendment Ly 1Ir. Bingham, agreed to-yeas 2-1, nays IGO, not voting 38, as and an amendment to the amendment by 11r, follow : Shellabarger pending, the House voted as fol­ YEAS-l\feRsrs. A.rtell, Baker, Bing1rnm, Brooks, De~ lows upon them: weP:-:C\ Dockerv, Eldridge, Gnrfield, Ilniqht, Hf'nton,

Mr. Bmgham's amendment was to substitute Ilotchkis.~, ~leXnnder H. Jones, fllcCul(ouqh, J>hclps 1 the followrng for the first section of tl1e said Plants, Robm,on. Ross, Sralding, Stewart, :stone, Tift, John T. \Vilson, Troorlward, Young-24. joint resolution: NAYs-1\Iessrs. Allison,Arnell, Delos R. Ashley,James ~o State shall make or enforce any law which M. Ashley, Ba:ley, Banks, Beaman, Bently, Beck, Ben­ shall abridge or deny to any male citi1.en of the jamin, BPnton, Blaine, Blnir, Bole~. Bontwrll. Bowen, Boyden, Boyer, Bromwell, Broomall, Bndnrn, Cook, DawPR, tive franchise at all elections in tlie Stale wherein Corley, Covode, Cullom, Dcl:1110, 1Jonne1ly1 Drii:t.o:•, Eckley, Eggleston, Ela, Thomas D. Eliot,Jnmes he shall have actually residei for a period of T. Elliott, Ferri~s, Ferry, Field~, Fox. Fr<'nC'h, Getz, one year next preceding such election, (sul>ject Golladay, Goss, Gove, Gravely, Griswold, Grover, Hal· to sucl, registration laws and laws prescribing :::.~y, Han~ilton. Harding, Hawkins, Hie:by, Hooper, Hop­ kms. Chester D. Hubbard, Hulburd, Jiumrhre.>r, Hunter, loc1Li residence as the Stale may enact,) ex~ept Jenrkes, Johnson, Thomas L. ,Jones, Jud,, Jnlian, !{el· such of said citizens as sltall engage in rebellion ley, l{ello~g, I{p}:..ey, ]{err, Keteham, Koontz, Laflin, or insurrection, or who may have been, or shali La~h, Georµ:c V Lawrence, ,villiam Lnwrene<\ Lincoln, Loan, Log:nn, Lou~hrirlge, Lynch. Jilarsha1l, Marvin, be, duly convicted of treason or other infamous Maynanl, Mr-Corrnick. McKee, Mercur, Milin, Moore, crimes. • Moorhead, Morrell, Mullins, ./Jlu-nr,en, lllyers, Newcomb, Mr. Shellabarger's amendment to the amend­ Newshnm, JViblq,ck, lilicholson, Norri~, Nnnn, O'Neill, Orth, Paine, PC'rham, Peters, PiPrce, Pike, Poland, ment was to strike out the above, and insert PolslP.y, Pric~, Prince, Pruyn, Randall, R.rmm, Robert,.. what follows: F:on. Rootfl, Sawyer, Sehenck, Scofi1:ld. Sel:ve, Shanks, No 8tat.e ~hall make or enforce any law which O.l-rnlJn.harger, Sitgreaves, Smith. Stnrl{\venther, Stokes, St?ver, ~yrhcr, Taber, Taffe, Taylor, Thomm~, Trow­ shall deny or abridge to any male citizen of the b,r1ciire, 1w1chell, Upson, VnnAernam, VanAuken, Burt United .'.'lale3 of tho age of twenty-one years or \ an Horn. Rohert T. Vnn Horn, Van Trump. Vnn Wyck, Witrd, Carlwnlader C. Washburn, Henry D. Washbu;n, over, and who is of sound mmd, an equal vote William B. Wnshburn, Welker, Whittemore, Thomns at all elections in the State in which he shall Williams, William Williams, Stephen F. Wilson, Win­ have such actual residence as shall be prescribed dom, Woodbride:e-lGO. NoT VoTJNG-i\IPssrs. Adams, Ames. Anderson,Areher, by law, except to such :i.s have engaged or may Baldwin. Barnes. Barnum, Blackh11rn, Rorlnick R. But­ herPafter engage in insurrection or rebellion ler, Hender \V. Clarke, Cornell, Dickey, Dixon, Dodg-e, ag,1inst tbe United Slates, and to such as shall Edwards, Fnrnc:iworth, Gtossbrenner, Han_!.!hey, Hill, Holman, Asahel W. Hubbard. Richard, D. Hubbard In­ lie duly convicted of treason, felonv, or other irersoll. Kitchen, Knott, Mallorv. Md:arthv, Norrisset/, infamous crime. • Pet.ti~. Pile, Pomeroy, Steven~, john Triml:·1e, L<1wren'ce Mr. Shellabarger's amendment to the amend­ S. Trimble, Vidal, Ellihu B. Washburne, ,James F. Wil­ ment was disagreed to-yeas 62, nays 125, not son, Jrood-38. · vot iIle! 35, ns follow: The resolution was then· engrossed and read a Yr;As-!\Ic~~rs. Delo~ R. Ar-:.hloy, Baldwin, neam::,n, Lhirrgle~ton, I~la, ,JnmeB- T. Elliot.t, French, Gravely, Bnmilton Hawkin~, I-I0op0r. Chef-:.ter D. IIuhbard,.Jndm·1s \Villiams-62. resolution: NA·»-Messrs. Allison,Areher, Arnell, James J\f.Ash- SEc. 1. The right of citizens of the United Page 19] XVrn .AMEND:\IENT, 401

States to vote and hold office shall not be denied Mr. Sawyer moved lo amend by substituting or abridged by the United States or by any ~tate the following: on account of race, color, or previous condition The right to vote and hold office in the United of servitude. States and the several States and Territories shall February 8-Mr. Williams moved to amend belong to all male citizens of the United States the amendment by striking out all after the who are twenty-one years old, and who have words "section l," and inserting: not been, and shall not he, duly convicted of Congress shall have power to abolish or modify treason or other infamous crime: Provided, any restrictions upon the right to vote or hold That nothing herein contained shall deprive the office prescribed by the constitution or laws of several States of the right to make 6uch regis­ any State. tration laws as shall be deemed necessary to Which was disagreed to. guard the purity of elections, and to fix the I\Ir.. Drnke moved to substitute for the amend­ terms of residence which shall precede the ex­ ment of Mr. Stewart the following: ercise of the right to Yote: And pro?Jided, T\1at No citizen of the United States shall, on ac­ the United States and the several States shall count of race, color, or previous condition of ha.ve the right to fix the age and other qualifi­ serviturle be, by the United St~.tes or by any cations for office under their respective jurisdic­ State, denied the right to vote or hold office. tions, which said registration laws, terms of Which was disagreed to. residence, age, and other qualifications shall be Mr. Howard moved to substitute for th~amend­ uniformly applicable to all male citizens of the ment of Mr. Stewart the following: United States. Citizens of the United States of African descent Which was disagreed to. shall have the sarne right to vote ane, Robertson, linghuysen. Harris, Ho\\'"ar

ment in the common Jail for not less than three by him in Committee of the Whole, proposing calendar months nor more than twoJ.ears. au additional article as Article XVI. and re­ SEc. 4. And be it further enacte , 'fhat the jected, as follows: ' district courts of the United States ~h:\ll have The ~econd clause, first section, second article exclusi\"e jurisdiction of all offences against this of the Coustitution of the United States shall be act; and the district attorneys, marshals, and amended lo read as follows: Each State shall deputy marslrnls, the commissionerij appointed appoint: by a vote of the people thereof qualified by the circuit and territorial courts of the United to vote for representatives in Congress, a number States, with powers of arresting. imi•risoning. or of electors equal to the whole number of senators bailing offenders, and every other officer speci,.dly and representatives to which the St.ate may be empowered by the President of the United States, entitled in the Congress; but no senator or rep­ shall be. and they are hereby, required, at the resentative, or person holding an office of trust expense of the United .States, to institute pro­ or profit under the United States, shall be ap­ ceedings RgainHt any person who violates this pointed an elector, and the Congress shall have act, and causo l,im to be arrested and imprisoned power to prescribe the manner in which such or bailed, as the case may be. for trial before such electors shall be chosen by the people. court as by this act has cognizance of the offence. Which was agreed to-yeas 37, nays 19, as SEC. 5. And be it further enacted, That every follow: citizen unlawfully deprived of any of the rights YEAS-Messrs. Buckalew. Cameron, Cattell.Cole, Conk­ of citizenship secured by this act under any pre­ ling, Connes~, Corbett, Di'xan, Doolilllf, Ferrv, Fessen­ den, Powler,Grimes, Harlan, Howe, Kellogg', McDon· tence of race or color, mav maintain a suit aid, Jl!nrrill of .Maine, llforton. Osborn, l'ntterson of against any person so depriving him, and re­ New Hiimpf.-hire, Pool~ Ramsey, Rice, Robertson, Ross, cover damages in the district court of the United Sawyer.Spcncei•, Thayer, Vickers, Wade, Warner, Welch, Whyte, \\ illey, \\ illiams, WHson-37. States for the district in which such person may NAYs--M essrs. Abbott.Chandler, Cragin, Do.vis. Drake, be found. Edmunds. Frelinghuysen, Harris, Hend,-ick<, JlcCreery, Which was disagreed to-yeas 9, nays 46, as Morgan, Morrill of Vermont, Pat/i!rson of Tennessee, &tulsbury, Sherman, Stewart, Trumbull, Van Winkle, follow: Yates-10. • YEAS-Messrs. Edmunds,McDonald, Nye, Ro•s, Sum­ nei·, Thayer, 11 ade, "Uson, Yates-o. Mr. Wilson moved to reconsider this vote; NAYs-~fossrs. Abhot.t. Anthony, Bayard, Cameron, which was disagreed to-yeas 26, nays 28, as Chandler, Cole, Conkling, Conness, Corbett, Cragin, Dai•is~ D,xon. D,H,litlie~ Drtike, Ferry. Fessenden, Fow­ follow: ler, ·Frelinghuysen, Grimes, Harlan, Hurris, Hendricks, YEAS-~Iessrs. Cameron, Cattell, Chandler. Cole, Con­ Howe, Nc<:ru, 11, Mor,mn, Morrill of Maine, Morrill of nes~. Cragin, Drake, Edmunds~ Ferry, FessE>nden. Vermont, Morton. Patterson of New Hampshire, Pool, Frelinghuysen. Harris, Howe, Kelloglt, Morgan, Morri!I

Ramsey, Jlici,, Robertson, &111/sbury, Sawyer, Sherman, of Maine, Morrill of Vermont. Nye, Rnmst:'y1 Shc,rman, Spencer. Sprague. Stewart, 'l'rumbull, Van Winkle, Stewart, Thayer, 1Vhyte, Willey, Wilson, Yat('s-:!G. Vickers, Warner, Whyte, \\'i!lcy, Williams-46. NAYs-Mc~~:rs. Abbott, Bucku.lew, Conkling, Corhett, Dm 1i~, Di.ron, Dnolllllt-i Fowler. Grimes. Harlan. llen­ The resolution was than reported to the Sen­ ddcks, )fcDonald, Morton, Osborn, l'atter,on of New ate, and 1he question being on concurring in the Hainp:-ihire1 Pattersrm of 'l'ennes:::.ee. Pool, Rice, Hobert,. son, Ross, Sawyer, Spencer, Sprague, Van Winkle, amendment maat/e,•srm, of 'l'ennessee, Saulsbu1·11, Sprague, Vickers, at common law, nor shall the right to hol

Trimble, Robert. T. Van Horn, Ward, Welker, James F. Morrill of Vermont, Morton, NyP, Pntteroon of New Wilson, John T. Wilson, Stephen F. 11 ilson-37. Hamp~hire, Pool, Hnmsey, Hico, HobP-rtson, Shermnn, Nws-l\fossrs. Anderson, Delos R. Ashley, James M. Stewart, Trumbull, Van \I inkle, Wad~, II illiams, Yates Ashlc\\\ B::mks, Burnum. Henman, Beck, BC'njamin, Ben­ -31. ton, Blaine, B1nir, Bout.well, Howen, Boyden, Boyer, NAYS-MP~srs. Abhott, Bayard, Ruckalno, navfo. Dixan, Bromwell, JJ1·ooks, Bucldry, 1Ju1'r, Be~ji1min F. I3utl~r, Doolittle. Edmunds, Fovder, Grt'-me.~, 1-Iendrick~ . .A:cCree:,-.y, RodC'rick H. Butler, Callis, ('ary, C,anler, Church11l, J\IcDonnld, ..A-ortrm, Osborn, P11ttersnn of Tenne~r.ee, Render ,r. Clarke, Clift, Cobh, Corlev, Cornell, Covode, Pomeroy. Ross, Suuls[;ur,11 Snwye>r, Spenct?r, Sumner, Dawes, JJrig~~, Edwards, Eldrid.f/P, w'l.'homns D. Eliot, Thayer, Vickers, Warner, Welch, Whyte, Wilaon-27. Jnmc8 T. Elliott., Farnsworth, Ferriss, Ferry, Ficl~s, And the House proposition fell. .Fox, Glossbrennrr, Gove, Gravely, Grol'er, Jlu:iJht, Hnm1l­ ton, Hawkin~, Higbr, Hr,lman, liopking,Jfotc!tkiss,Ches­ ter .IJ. llulihard. Uulhurrl, Ilumpkre,11, Hunter, Jenckes, Tho Senate Joint Resolution. (S. 8.) Johnson, Alexander II. Jone~. Thomus L. Jrmes. Julian, Kelley, Kello~~. Kelsey, Kerr, Retchnm, Knott, Koontz, IN SEllATE. Lattin, La:=.:h. Loan, Loughrid~e, Lynch, l\Iallory, Na1·­ shall, .Marvin, .l\lcCnrth~r, JlcC'ornu.ck, l\IcK<:>f?, Miller, On the same day (February 17), and immedi­ l\ioorP, .l\Ioorhead, l\1orrel1, Alungen, .Myer~, 1\ewcomb, ately after the failure of the House propo~ition, Newsham, .l\'iidaclc, 1Vicholson, Norris, O'~eill, Paine, Perham, Peters. Phelps, Pierce, Pol~ley, Pmneroy, Price, the Senate resolved itself' into Committee of the Prince, J'ruyn, Randall, Haum, Robertson, Robinson, Wi,ole on a joint resolution· reported January Root~, Ross, Sr.wyer, Shellabarger, Sitg1·f'atie.,, Smith, 15, 1869, from the Committee on the Judiciary, St.ark weath0r, Stewart, Stokefo:.,Slo11e, 2'al1er, Taffe, 'J'row­ bri

NA vs-Messrs. Abbott, Buym·d.1 Buckalew, Da-vis, Dixon, the United States or by any Stale on account of DoolitUe, Fowler, Harlan, llendl'icks, Ncl'reery, 1Vorton, race, color, or previous condition of' servitude. Osborn, Pattersm of 'l'enness.ee, Pool, Hice, Ross, Sa.uls­ bur.11: Sherman, Spencer, Vickers, \\.a.·r,ll of Vermont, Mort~n. Pomor.oy, Ramsey, the. a1 t1cle to_ conventions rnslead ol legislatures; Rice,_ S~1vycr, Stewart, Wade, \'i nrner, ,11lley, 11 ilson, wInch 1~as disagreed to-yeas 10, nays 3[). [The Yntes-2". . affirmative vote was the same as above, ex·cept Mr.. Doolitll~ moved to add to the amendment that Messrs. Fowler and J.fcCreery' did nnt vole. roa~e ID CornmiLte: ?f the Whole t_he words: The negative also the same, except that. Messrs. Nor shall any_ citizen be so denied_ by reason Sawyer and Wade did not vote, and Mr. Yates of any alleged cnrne unless duly convicted there­ did.J of according to _law. :Mr, Davis moved a reconsideration of the f ;Vb,~h was disagreed to-yen,s 13, nays 30, as vote disagreeing lo the last amendment offered 01ow· by Mr. Howard, which was disagreed to-yeas YEAs-:\Tf-s.~r::t. BuckalP.w, Davis, Dixon, Doolittle Ferry lG nny• 29 as f )1 Fowler, Jl-·ndricks, Alc(Jreei·y, Norton, Saulsuury, 'v,cke,s' ' ~ ., ' 0 ow: JVhyle, Wilson-!~. ' YEAs-llI_essrs. Chandler, Cole, Col)llinghuysPn, Harris PomC'roy, Ramf=ey, Robertson, Sav..-yer, Tipton, \Var­ Howard, McDonald, Morrill of Vermont, Morton, Nye' ner, Welch, Williams-IO. Patterson of New Hampshire, Pomeroy, Ramsev' N.\YS-l\ie:=:Fr~. Abbott. Buckalew, Cragin, Da1:i"s, Drake, Rice, Rnl,crtson, Sawyer. Bpencer. Stewart., Trumbull' Edmunde. Ferry, Frelinghuyf:en, Harris, Jlendricks Wade, Warner, Welch, Willey, Williams, Yates-~O. ' Kellogt!. AlcC'reny, McDonald, !llorgnn. Morrill of Ver'. moot, Morton, Patterson of 'l'enne~see, Pool, Rice, Ross Mr. Fowler mo1·ed to amend the amendment s,u,sbury. Spencer, Stewart, Thayer, Vick', Tift, Van 1'rump, William Williams, Woodbridge, States the most numerous branches of which }l?i,ndward-70. Kns-Messrs. Allison, Ames, James M. Ashley, Ba­ shall be chosen next after the passage of this ker. Brmks, Beaman, Beatty, Benjamin, Blaine. Blair, resolution. Boutwell, Bowen, Bromwell, Broomall, Buekland, Buckley. Roderkk R. Butler, Cairn, Callis, Reader W. Which was disagreed to-yeas 12, nays 40, as Clnrke. Sidney Clarke, Clift, Cobb, Cook, Corley, Cul­ follow: lom, Dawes, Dickev, Dodge. Donnelly, Driggs, Eggle­ YE ..,s-,ressrs. Bayard, Buckalew, Davis, Dixon, Fow.. ston, Ela, Thomas ·D. Eliot, James 'r. Elliott. Ferriss, !Pr, Hendricks. JfcCrf'ery,1Yorton, Puttersonof Tennessee, French, Goss, Gove, Gravely, Hamilton, Haughey, Saulsbury, Vickers, lVhyte-12. Henton, Hooper, Hopkins. Hulhurd, Jenckes. Alexan­ NAYs-1Iessrs. Abbott, Cameron, Cole, Conkling, der H. Jones.Julirm, Kelley, l{ellogg, Kelsey.Kitchen, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Har­ Koontz, Laflin, Lash. \Yilliam Lawrence, T,onghridge, lan, ~nrris. IIowurcl, II owe, Kellogg, 1\lcDonnld, l\Jorgnn, Lvnch, Maynard, McKee, NeweO'Illb, :r-;unn, Orth, Morrill of Maine, Mnrrill of Vermont, Morton,Kye.Os­ Paine, Perham, Peters, Pettis, Pike, Plants. Poland, born, Putterson of New Hampshire. Pomeroy, Pool, Pomeroy, Prince. Roots. Sawyer. Shanks. Shellabarger, Ramsey, Hice, Robertson, Ross. Sawyer, Spencer, Stot.es. Stover. Sypher. Taffe, 'l'homns, John Trimble, St.ewnrt. Thayer, Tipton, Vnn Winkle, Wade, Warner, Trowbridge, 'l'wichell, Upson, Vun Aernam, Burt Van Welch, Willey, Williams, Wilson-40. }lorn, Ward, William B. Washburn. Welker, Whitte­ 40G POLITICAL MANUAL. [Part IV. more, Thomas Williams, Stephen F. Wilson, Windom ton. Higby, Tiill, Hooper, Ilopkins, Chesler D Ilubbn.rd, -95. Ilulburd, Hunter, Alexander II. Jones, JudJ, Julian, I,ellcy, Kellogg, Kelsey. lietchnm, !Wchen, Koontz, Mr. Bingham's amendment, to strike out the Laflin. Lash, George V. Lawrence, ,vrniam Lawrence, words "by the United States or," and insert the Logan, Louc:hri

XLI. ~!EMBERS OF THE CABINET OF PRESIDENT GRANT, AND OF THE FORTY-FIRST CONGRESS.

PRESIDENT GRANT'S CABINET.* Secretary of the Treasury-GEORGE S. BoUT· WELL, of Massachuset.ts. &cretary of State-HAMILTON FrsH, of New York, vice ELLIHU B. \VASHBUll.NE, of Illinois, Secretary of War-JOHN A. RAWLINS, of lllinois. resigned March 10, 1869. Secretary of the Navy-GEORGE 11. RoBESoN, of *Mr. Washhurne was nominated and confirmed as IYork, was nominated and confirmPd as Secretary of the Secr~tary of Sta,e March 5, and resigned March 10, to Treasury March 5, and resigned March o. being found takce!Tcctnponthequalificationofhissuccessor,which disqualified by the act of Congress of September 2, took place March HJ. Mr. Alexander T. Stewart, of New 1780, providing that the Secretary of the Treasury, with Page 25] XVTII A1IEND)1ENT. 407

New Jersey, vice ADOLPII E. BoRIE, of Penn­ Nevada-James W. Nye, William M. Stewart. sylvania, resigned June 2J, 18G9. .Nebraska-John M. Thayer, Thomas W. Tipton. Postmaster General-JonN A. J. CRESWELL, of . Honse of Representatives. Secretary of the Interior-JACOB D. Cox, of Ohio. JAMES G. BLAiliE, of Maine, Speaker . .Attorney General-E. ROCKWELL HOAR, of Mas­ E,lward .McPherson, of Pennsylvania, Clerk sachutielts. .Maine-John Lyncb, Samuel P. Merrill, James G. Blaine, John A. Peters, ; MEMBERS OF THE FORTY-FiRST CONGRESS. New Hampshire*-Jacob H. Ela, Aaron F. Ste­ First Session, March 4, 1869-April 10, 18G9. vens, Jacob Benton. Vermont-Charles W. Willard, Luke P. Poland, Senate. Wonhington C. Smith. . BcRUYLER CoLFAX, of Indiana, Vice-President of Massachusetrs-James Buffinton, , the United States and President of the Senate. , , Benjamin F. George C. Gorham, of California, Secretary. Butler, Kathaniel P. Banb, George S. Bout­ Maine-William Pitt Fessenden, Hannibal Ham­ well,t George F. lloar, William B. Washburn, lin. Henry L. Dawes. New Hampshire-Aaron H. Cragin, James W. Rhode Island-Thomas A. Jenckes, Nathan F. Patterson. Dixon. Vermont-Justin S. Morrill, George F. Edmunds. Conneeticutt-Julius Strong, Stephen W. Kellogg, ilfassachusetts-Henry Wilson, Charles Sumner. Henry H. Starkweather, William H. Barnum. Rhode Island-Henry B. Anthony, William New York-Henry A. Reeves, Jor.n G. Schuma­ Sprague. ker, Henry W. Slocum, John Fox, John Mor­ Connecticut-Orris S. Ferry, William A. Buck­ rissey, Samuel S. Cox.~ Hervey C Calkin, James ingham. Brook~. Fernando Wood, Clarbon N. Potter, New York-, Reuben E. Fenton. George W. Greene, John H. Ketcham, John A. New Jersey-Alexander G. Cattell, John P. Griswold, Stephen L. Jilayham, Adolphus II. Stockton. Tanner, Orange Frrriss, William A. Wheeler, Pennsylvania-, John Scott. Stephen Sanford, Charles Knapp, Addison H. Delaware-Willard Saulsbury, Thomas F. Bay­ Laflin, Alexander H. Bailey, John C. Church­ ard. ill, Dennis .McCarthy, George W. Cowles, Wil­ Maryland-George Vickers, William T. Hamil­ liam II. Kelsey, Giles W. Hotchkiss, Hamilton ton.* Ward, Noah Davis, John Fisher, David S. North Carolina-John C. Abbott, John Pool. Bennett, Porter Sheldon. South Carolina-Thomas J. Robertson, Frederick New Jersey-William .Moore, Charles Haight, A. Sawyer. John 'r. Bird, John Hill, Orestes Cleveland. Alabama-Willard Warner, George E. Spencer. Penns.11lvania-Samuel J. Randall, Charles Louisiana-John S. Harris, William l'. Kellogg. O'Neill, .II William D. Kelley, Ohio-, Allen G. Thurman. John R. Reading, John D. Stiles, Washin~ton Kentucky-Thomas C . .McCreery, Garrett Davis. Townsend, J. Lawrence Getz, Oliver J. Dickey, Tennessee-Joseph S. Fowler, William G. Brown­ Henry L. Cake, Daniell\!. Van Auken, Georgo •low. W. Woodward, Ulysses l\lercur, John B. Indiana-Oliver P. Morton, Daniel D. Pratt. Packer, Richard J. Haldeman, John Cessna, Illinois-Richard Yates, Lyman Tmmbull. Daniel J. Morrell, William H. Armstrong, Missouri-Charles D. Drake, . Glenni W. Scofield, Calvin W. Gilfillan (va­ Arkansas-Alexander McDonald, Benjamin F. cancy), James S. Negley, Darwin Phelps, Rice. · Joseph B. Donley. Michigan-Jacob M. Howard, Zachariah Chand­ Delaware-Benjamin T. Biggs . ler. .ilfarvland-Samuel Hambleton, Stevenson Ar­ Florida-Thomas W. Osborn, Abijah Gilbert. cher, , Patrick Hamill, Frede­ Iowa-Jame8 W. Grimes, James Harlan. rick Stone. Wiscomin-Timothy 0. Howe, Matthew H. Car­ North Caro!ina-Clinton L. Cobb, David Heaton, penter. Oliver IL Dockery, John T. Dewee~e, Israel G. California-Cornelius Cole, Eugrne Casgerly. Laoh, Francis E.Shober,,r Alexander II. Jones. .Minnesota-Daniel S. Norton, AlP.xander Ramsey. South Carolina-B. F. Whittemore, C. C. Bowen, Oregon-George II. Williame, Henry W. Corbett. Solomon L. Hoge,** (vacancy.) Kanws-Edmund G. Ross, Samuel C. Pomerov. Louisiana-(Vacancy,) Lionel A. Sheldon,*** West Virginia-Waitman T. Willey, Arthur'!. (vacancy,) (vacancy.) BorPman. Ohio-Peter W. Strader, Job E. Stevenson, other officers described, shall not be, directly or indi­ • Q.ualified March 15. rectly, concerned or interested in carrying on the busi· t Hesigned llfarch 12. ness of trade or commerce, or be owner, in whole or in t Messrs. Strong, Kellogg, and Starkweather quali­ part, of any s0a ve~sel, or purchnse, by hilnself or fied April O, 18li~; Mr. Barnum did not appear. another in trust for him, any public lands or other pub­ ~Did not qu~lify, by reason of absence from the lic property, or he concerned in the pt.1rchase or dis­ countrv. posal of any public securities of any State or of the JI Qualified April 9, 1SOO, in place of John Moffet, United States, or take or apply to his own use any un~euted. emolument or gain for ncgotiatin~ or transacting any Ii Did not qualify, disabilities not having been re­ business in the said Department other than what shall 1ieved. be allowed hy law. Mr. Boutwell qunlified ~larch 12, •• Admitted on prima facie, yeas 101, nays 30, and 180~. Mr. Schofield remained Secretary of War until qtrnlified April 8. March 12, when Mr. Rawlins qualified •*•Qualified A;,ril 8, having beenvoted eptitled to the *Qualified March 25, 1809. seat, yeas 85, nays 38, 408 POLITICAL MANUAL, [Part IV.

Robert C. Schenck, William Lawrence, Wil­ Missou.ri-Erastus Wells, Gustavus A. Finkeln­ liam l\Iungen, John A. Smith, James J. bnrg, James R. McCormick, Sempronius H. Win:tns, Jolrn Beatty, Edward F. Dickingon, Boyd, Samuel S. Burdett, RoLert T. Van Truman I-I. Hoag, John T. Wilson, Philadelph Horn, Joel F. Asper, John F. Benjamin, Da­ Van Trnmp, George W. Morg:tn, l\Iartin vid P. Dyer. · Welker, Eliakim IL Uoore, John A. Bingham, .Arkansas-Logan H. Roots, A. A. C. Ilogers, Jacob A. Ambler, William II. Upson, James Thomas Boles. A. Garfield. .Miehig.m-Fernando C. Beaman, William L. Kentucky-Lawrence S. Trimble, William N. Stoughton, ALts'l:in Blair, Thomas \V. Ferry, Sweenry, J. S. Golladay, J. Proctor Knott, Omar D. Conger, Randolph Strickland. · Boyd Winchester, Thomas L. Jones, J arnes B. Flo1'ida-Charles l\f. Hamilton. Deck, Goorge l\I. Adams, John l\L Rice. Iowa-George \V. McCrary, William Smyth, Tennessee-Iloderick R.. Butler, Horace l\fay­ William B. Allison, William L0ughridge, nard, William B. Stokes, Lewis Tillman, Wil­ Frank W. Palmer, Charles Pomerov. liam F. Prosser, Samuel l\L Arnell, Isaac R. Wisconsin-Halbert E. Paine, Be;,jamin F. Hawkins, William J. Smith. Hopkins, Amasn. Cobb, Charle~ A. Eldridge, Indiana-Williain E. Niblack, Michael C. Kerr, Philetus Sawyer, Cadwalader C. Washburn. William S. Holman, George W. Julian, John California-Samuel B. Axtell, Aaron· A. Sar­ Coburn. Daniel \V. Voorhees, Godlove S. Orth, gent, James A. Johnson. James N. Tyner, John P. C. Shanks, William Minnesota-Morton S. Wilkinson, Eugene l\f. Williams, . Wilson. Illinois-Norman B. Judd, John F. Farnsworth, Oregon-Joseph S. Smith. Ellihu B. Washburne,* John B. Hawley, Kansas-Sidney Clarke. Ebon C. Ingersoll, Burton C. Cook, ,Jesse H. West Vir,qinia-Isnac II. Duval, James C. Mc­ Moore, Shelby M. Cullom, Thompson \V. Grew, John S. Witcher. McNeely, Albert G. Burr, Samuel S. Marsh:tll, Nevada-Thomas Fitch, John B. Hay, John M. Crebs, John A. Logan. Nebraska-John Taffe. • Resigned Jlurch 6.

XLII.·

POLITICAL VOTES IN FIRST SESSION OF FORTY-FIRST COjGRESS.

Additional Reconstruction L~gislation. purpose may appoint such registrars as he may deem necessary. And said elections shall be AN Acr authorizing the submission of the con· held, and returns thereof made, in the manner stitutions of Virginia, l\Iississippi, and Texas provided by the acts of Congress commonly to n. vote of the people, and authorizing the called the reconstruction acts. election of State officers, provided by the said SEo. 3. That the President of the United States constitutions, and members of Congress. mav in like manner submit the constitution of Be it enacted, d':c., That the President of the I Texas to the voters of said State at such time United States, at such time as he may deem best and in such manner as he may direct, either the for the public interest, may submit the constitu­ entire constitution, or separate provisions of the tion which was framed by the convention which rnme, ·as provided in the 1st section cf this act, met in Richmond, Virginia, on Tuesday, the to a separate vote; and at the same eiection the 3d day of December, 1867, to the voters of said voters may vote for and elect the members of State, registered at the date of said submission, the Legislature and all the 8tate officers pro­ for ratification or rejection, and may also Bub­ vided for in said constitution, and members of mit to a ~eparate vote .uch provisions of said Congress: Provided, also, That no elec~ion shall constitution as he may deem best, such vote to be held in said State of Texas for any purpose be taken either upon each of the said provisions until the President so directs. alone, or in connection with the other portions SEC. 4. That the President of the United States of said ·constitution, as the President may dire~t. may in like manner re-submit the constitution SEC. 2. Tbat at the same election the voters of .Mississipoi to the voters of mid State at such of said Stale may vote for and elect members of time and in such manner as he may direct, either th_e General Assembly of said State, and all the the entire constitution or Beparnte provisions of officers of said State provided for by the said the same, as provided in the 1st section of this constitutio:1, and members of Congress; and the act, to a separate vote; and at the same election officer commanding the district of Virginia shall the voters may vote for and elect the members of canse the lists of registered voters of said State the legislature and all the State officers provided to be revised, enlarged, and corrected prior to for in said constitution, and member, of Con­ such election, according to law, and for that gress. Page 27] POLITICAL VOTES. 409

SEC. 5. That if either of said constitutions of December, 18G7, to the registered ,oic,rs of said shall be ratified at such election, the Legislature State for ratification or rejection, and may also of the State so ratifying, elected as provided for submit to a separate vote such provisions of said in this act, shall a~semble at the capital of eaid constitution as he may deem best, such vote to State on the fourth Tue~day after the official be taken either upon each of the said provisions promul~ation of such ratification by the mili­ alone, or in connection with the oti.Jer portions tary officer commanding in said State. of said constitution, as the Pre~ident may direct. SEO. 6. That before the States of Virginia, SEC. 2. That at the same election the voters :Mississippi, and Texas shall be admiUed to rep­ of ~aid St:1te may vote for and elect members of resentation in Congress, their several legisla­ the general assembly of said State, and all the tures, which may be hereafter lawfully organ­ officers of said State provided for Ly the said ized, shall ratify the fifteenth article wbich has constitution, and members of Congress; and the been proposed by Congress to the several States officer commanding the district of Virginia. shall as an amendment to the Constitution of the cause the lists of registered voters of said State United States. to be revised and corrected prior to such election, SEc. 7. That the proceedings in any of the and for lhat purpose may appoint such registrars said States shall not be dee1ned final, or operate as he may deem necessary. And said election as a complete restoration thereof, until their shall be held and returns thereof made in the action, respectively, shall be approved by Con­ manner provided by the election ordinance gress. adopt_ed _by the conve~tion which framed said Approved April 10, 1869. constitution. ,._ Tile final votes on this act were as follow: SEO. 3. That the President of the United f:tates IN SENATE, April 9. may in like manner submit the constitlltion of Texas to the voters of said Stale at such time Yus-Mcssrs. Abbott, Doreman, Brownlow, Bucking­ ham, Carpenter, Cattell, Chnndler, Cole ,Conkling, Cor­ and in such manner as he may direct, either the bett, Cragin, Drake, Fenton, Ferry, Fessenden, llnm­ entire constitution, or separate provisions of the Jin, Harris, IIownrd, Howe, J\IcDonnld. )lorrill, Morton, same, as provided in the 1st section of this act, Nye, Patterson, Pomeroy, I>ratt, Tinms<'y, Rico, TI.olJ. ertson, Ross, Sawyer, Schurz. Scott, Sherman, Spencer, to a separate vote; and at the same election the Stewart. Sumner, Thayer, Tipton, Trumbull, Warner, voters may vote for and elect the member~ of the Willey, Williams, \\"ilson-44. legislature and all the State officers provided for NAYs-.'.\lesEtr8. /Jayard, Cu.sserly, Davis, Fowler, Mc Cree. ry, Norton, Sprague, Slockwn, T hurmaa-9. in said constitution, and members of Congress: Provided, also, That no election shall be held in IN IIousE, April 9. said State of 'l.'exas for any purpose until the YEAs-~Iessrs. Ambler, Ames, Armstrong, Asper, President so directs. Banks, Deuman, Denton, Bingham. Blair. Doles. Bow­ en, Boyd,Dufllnton,D. F. Dutlor,Cake, Cessna,Church­ SEC. 4. That the President of the United States ill, Amnsa Cobb,< linton L. C'obb, Coburn, Cook, Con.;,er, may in like manner re-submit the constitution of Cullom, Vn.WC'S, Deweese, Dockery, Duval, Ela, Farns­ hlississippi to the voters of said State, at such worth, Ferriss, Ferry, Finkelnburg, Fitch, Gilfillan, Hale, Hawley, IIay, Heaton, lloar, Hooper, Hopkins, time and in such manner as be may direct, either Hotchkiss. Ingersoll, Alcxan

Nc;,!Gy, O'Neill. Orth. Packard, P,:ckcr, Paine. Po.lmer, The officers elected shall enter upon the duties Phclp8-, Pol:l'..ld, PomC'roy. Prosser. n,0cts. 8nnford, f::mv~ of the offices for which they are chosen as soon yer. Hch::-nr!-:. ticoficld, Slrn.nkfl, Sheldon, l~locuni, John A. Smith, \\'illic.m J. Smith, William Smyth, Steven~. as elected and qualified in compliance with the Stevenc.-on. Stol~P-s, Stoughton, StriPkl::uid. •rnnncr. rfill~ provisions of said constitution, and shall hold man. Towns0nrl. 'l'yncr. Upson, Ward. Cadwabdcr C. ,ru!3hlmrn. \\ illia1n D. ,va~hburn, \\'elk.er, \\'heeler, tbeir respective offices for the term of years pre­ "\Vhittcmorc, Wilkinson. ,n11ard, \Yilliams, John T. scribed L,y the constitution, co:rnting from the ,vilscn, \. inanfl, Witcher, Jrnndward-1:...5 1st day of J n.nuary next, and until their suc­ NAYd-:\lessrs. Adams, Archer, E(,qgs, B,rd, Burr, Clei·e· cessorn are elected n.nd qnalifitd. · land, Efrl1·id9e, Getz. Golladay, Iiddcnwnt llamill, l/o7man, Tlwnws L. Jones. J{r:rr, Knott, AlcJ.."'ccly, Jlri_ffet, l't,"'i:lack, The third section provides that an election for PoUer. Randall, Reeves, Sweeney, Trimble, 1Vells, lVinches­ mPmbers of the shall be tcr-25. held in the congressional districts n.~ established IN SENATE. by said convention, one member of Congress be­ 18G9, April 9 - The House bill pending, ing elected in the Stn.te at large. at the same 11r. Morton moved this as a new seclion: time and pln.ces as the election for State officers; That, Lefore the States of Virginia, Missis­ sn.id election to be conducted by the rnme per­ sippi, anJ Texas shall be admitted to representa­ sons and under the same regulations before men­ tion in Congress, tt1eir several legislatures, which tioned in this act; the returns to Le made in the may Le hereafter lawfully organized, shall ralify same manner provided for State officers. the filteenth article which has been proposed by By the fonrth section it is provided that no Congress to the several States as an amendment person shall act either as a member of any board to tile Constitution of the UniteJ States. of registration to revise and correct the registra­ Which was agreed to-yeas 30, nays 20, as tion of voters as provided in section seven of the follow: n.ct of July 19, 18G7, amendatory of the act of Yras-1\Ies~rs. A~bott, Brownlow,. Bnckingho.m, Car­ March 2, 1SG7, entitled "An act for tl,e more penter, <:lwndl~r, Cole, Drake, lJarr1~, llownrc.l, Mc Don· efficient government of the rebel States," &c., or nld, Morrill. I\Jor,on, Nye. Osborn, Pool, l'n,tt. Ilamscy, Hice, Ho\Jertson. Hoss. Schurz: Sh0rman, Stewart, Sun1. as a. judge, commissioner, or other officer, at an;v ner, 'I hayer, 'lipton, Warner,\\ illiams, II ilson, Yates election to be held under the provisions of ibis -30. act, who is a candidate for any office at the NAYS-)lessrs. Anthony, Eayard, Boreman, Casse,·ly, Conkliug, i>.!t·is, Eclmun

Be it enacted, &c., That for the better security any one. or more prov1s1ons of said proposed of persons and property in ~fosissippi. th~ con· consl1tut10n to a separate vote. stitutional convention of said State, heretofore SEC. 2. That the several ordinances which may elected under and in pursuance of an act of be passed by the constitutional convention of Congress, passed :March 2, 1867, entitled "An sa:d State within the limit.ations as herein pro­ act for the more efficient government of the vided, shall be in force in said State until disap­ rebel States," and the several acts of Congress proved by Congress, or until Mississip1,ishall have suppl~meutary thereto and amendatory thereof, adopted a constitution of State government and aud as organized at the time of its adjournment, the sr.me shall have been approved by Congress: is hereby authorized to assemble forthwith upon Provided, That nothing in this act contained shall the call of the president thereof; and in case of deprive any person of trial by jury in the courts bis failure for thirty Jays to summon eaid con· of Paid State for offences against the laws of said vention, then the commanding general of the State. fourth military dist1·ict is hereby authorized and SEC. 3. That the military commander in said required to summon by proclamation said con· State, upon the requisition of the proYisional vention to assemble at the capital of said State; governor thereof, shall give aid to the officers of and said convention shall have, and it is hereby the -rrovisional government of said State in pre­ authorized to exercise, the following powers in servrng the peace•and enforcing tbe laws, and addition to the powers now autliorized by law, especially in Puppressing unlawful obstructions to wit: to appoint a provisional governor; to and forcible resistance to the execution of the authorize the provisional governor of said State laws. to remove and appoint registrars and judges of SEC. 4. That the said provisional governor elections under said acts of Congress, who shall may remove from office in said State any person not be voted for at elections within their own holding office therein, and may appoint a succes­ precincts; to submit to the peop!e of said State sor in his stead, and may also fill all vacancies the constitution heretofore framed by said con­ that may occur by death, rPsignation, or other­ vention, either with or without amendments; wise, subject, however, in all removals and ap­ to provide by ordinance that the votes for and pointments, to the orders and direction~ of the against said constitution and for aULl against the PrePident of the United States; and the Presi­ clauses thereof submitted by this act to a sep­ dent of the United States may at any time re­ arate vote, together with the votes cast for and move the Paid provisional governor and appoint against all State and local officers voted for a successor in his stead. under said constitution, shall be forwarded to SEC. 5. That if at any election authorized in the provisional governor by the judges of elec­ the State of Mississippi any person shall know­ tion, and ~hall be counted in the presence of the ingly person ate and falsely assume to vote in the proviaional governor, the general commanding name of any other person, whether rnch other tile military district of Mississippi, and Buch person Ph all then be living or dead, or if the committee as the convention may appoint for name of the said other person be the name of a that purpo~e; and it shall be the duty of said fictitious person, or vote more than once at the provisional governor, commanding general, and same election for any candidate for the same committee to make proclamation of the result office, or vote at a place where he may not be of such elections; to pass laws exempting a law folly entitled to vote, or without having a. homestead not exceeding $1,000 in value, and lawful right to vote, or falsely register as a voter, household furniture, mechanical and farming or do any unlawful act to secure a right or an tools, provisions, and other articles of per~onal opportnnity for himself or other person to vote, property necessary !'or the support of a family, or shall, by force, fraud, threat, menace, intimi­ not exceeding$500 in v,1lue, from seizure or ~ale dation, bribery, reward, offer, or promise of any upon process for the collection of debts; which valuable thing whatever, or by any contract for laws shall continue in force until repealed or employment, or labor, or for any right whatever, modified by the legislature to be elected under or otherwise attempt to prevent any voter who the Constitution; and to pass such ordinances, may at any time be qualified from freely exer­ not inconsistent with the Constitution and laws cising the right of suffrage, or shall by either of of the Unit~d States, as it may deem necessary such means induce any voter to refuse or neglect to protect all persons in their Jives, liberty, and to exercise such right, or compel or induce, by property: Provided, That said convention shall either of such means, or otherwise, any officer of not continue in stssion for more than sixty an election to receive a vote from a. perHon not days: And provided further, That the districts legally qualified or entitled to vote, or interfere unrepresented from any cause in the convention to binder or impede in any manner any officer at the time of itg adjournment shall at once in any election in the discharge of his duties, or proceed to elect duly qualified persons to take by either of such means, or otherwise, induce seats in said convention. The election of such any officer in any election, or officer whose duty delegates shall be held under the direction of it is to ascertain, announce, or declare the result the commandrng general, in accordance with the of any vote, or give or make any certificate, provisions of the act of Congress approved document, or evidence in relation thereto, to March 2, 1867, entitled "An act for the more violate or refuse to comply with his dnt.v or any . eflicien t government of the rebel State~." and law regulating the same, or if any such officer the acts supplementary thereto; and certificates shall neglect or refuse to perform any duty re­ of elc:,ct.ion 1,1hall be awarded to the candidates quired of him by law, or violate any duty im­ receiving the highest number of votes: And posed by law, or do any act unauthorized by la\v provided, also, That said convention may submit relating to or affecting any such vote, election, 412 POLITICAL MANUAL. [Part IV.

or the result thereof, or if any person shall aid, Lynch . .Afarshall. l>fayham, McCarthy, McCormick, Mc­ lrary, ll!c.\'ecly, Mercur,.ll!offct, ,JCS$C II.Moore, William counsel, procure, or advise any such voter, per­ Moore. Mo,gall, Morrell, Morrill, llfungen, /liiblark, O'­ son, or officer to do any act herein madP. a crime, Neill. Pn.cl.:er, Palmer, Petrrs. Poland, Pomeroy, Potter, or to omit to do any duty the omission of which is Randall, Readii1g, Ree:reti, Rice, RogerR, .Scl.1en<'ki.., Sc.hu• maker, Scofield. Shanks. Slocum, Wortl11ng, ,)n C. tHmt.h, hereby made a crime, or attempt so to do, or if ,villiam Smyth, Steven!-l, Stiles, Stokes, Stone, Strick­ any person shall by force, threat, menace, in­ land, iSu:ann, Sweeney, Tnffo, Tanner, Tnmble, Twichell, timidation, or otherwise prevent any citizen or J'on Auken. Voorhees, Cadwala~er C. Washburn. William B. Washhurn, ffclls. Wilkinson, Willard, Eu9ene ltL citizens from assembling in public meeting to lVilsun, Winans, TJ"oodward-103. discms or bear discussed any subject whatever, NAYS-Mes~r,:-1..Amhler,Arncll, AspPr, Benman, Beatty, or if any person shall by any means break up, Benton. Bingham, Bowen, Boyd, Bnflinton, Burdett, Benjamin F. Butlc'r; Roderick H. Butler, Cnke, Cessna, disperse, 0r molest any assemblage, or any citi · Churehill, Amas.a. Cobh, Clinton L. Cobb, Coburn, Cook, zen in 0r of such assemblage when met or meet­ Conger, Donley, Duvall, Ela, Fisher, Hay, J-lf'rtton, Hill,. ing to discuss or hear discussion, as aforesaid. or Ilnar, Alexander H. Jone$, Judd, Julian, Kelley, Kel­ sey, I{nnpp, Lnsh, Lnwrenc>e, Maynurd, Eliakim II. shall by any means prevent any citizen from Moore, Ne~ley, Orth, Packard, Paine, Phelps, Prosser, attending any such assemblage, every person rn Roots, Sari;ent, fiheldon, John A. Smith, William J. offendrng shall be deemed guilty of a crime, and Smith, Stevenson. Stoughton, Tillman, T.vnC'r, Upson, Van Horn, Ward. Welker, Whittemore, Willillms, John shall for such crime be liable to indictment in T. Wilson, Wikher-G2. any court of the United States of competent jurisdiction, and on conviction thereof shall be The Public Credit Act. adjudgrd to pay a fine not exceeding fi1·e hun­ T · 1 ·11 b l M h 18 18G9 b · dred doll are or less than one hundred dollars, h18 H ecame a aw a-re · , emg the first act approved by Preside,it GRANT: and suffer imprirnnment for a term not exceed­ Be it enacted, &c., That in order to remove ing three yearn nor less than six months, in the any doubt as to t)ie purpose of the Government discretion of the court, and pay the costs of to discharge all just obligations to the public prosecutl0n. creditors, and to settle conflicting questions and SEC G. That no officer of Mississippi shall buy interprntations of the laws by virtue of which or sell treasury warrants, or claims of any sort such obliate for the e so' a par 10 coi~. .n ie nt e, .a. es collection of taxes and debts shall be uniform, also solem~ly pledges its faith_ to make prov1s1on and every citizen shall be entitled to all the ex­ at the earliest practicable period for the redemp­ . d · · · · h f ti t10n of the Umted States notes rn corn. empl1ons an 1_mmumt1es 10 t es~ :espects o ie March l2-H passed the lfouse-yeas 97 most l:tvored c1t1zen or class of c1t1zens. - ( · t t' 49) f ]I ' SEc. 9. That all lands which shall hereafter nays 4 1 · no vo rng ·, as O ow: be forfeited and mid for non-pavment of any YeAs-~_fessrs. Allison,.Amhl0r, Ames, Annstro~g, • J • Arn~II. Asper, Axtell, Bailey. Hanks, Beaman, Benia­ tax, impost, or assessment whatever, rn the min, n,•nnett., Bingham, IHnir, Boles, Boyd, Uuffinton, State of J\Ii;sis;ippi, or under proceedings in Hurd<>tt..CPs,na, Churchill,Clinton L.C?h\,,Cook\ Con­ bankrur,tcv or Ly virtue of the J·u,lament or gcr,Cowlcs,C:ullom,D,iwea.,J1onley, Dmn.1, Dyer, hrns­ . "' . h 'd S t" . . worth, Ferriss, Ferry, F1nkelnbnrg, I1 1~hcr, Fitch, decree ot any court rn t e sa1 laLe of 1'lrns1s­ Gilfillan, Hale, Hawley, Ilenton, IIonr. IIooner, Hotch­ sippi, sl,all l,e disposed of only by sale in sepa­ kiss. ~enPkes,A)exander II. Jones,,Tudd. ,Jnlian, Kel­ rate sub-divisions not exceed in a forty acres ea ·h ·. sey, hctchnm,,I,nnp,i, Laflm, L·•sh Lawrence, Lynch, ·. · , o . ' · c. · l\lavnard. ~lcCrary, l\lcGrew, Mcrcur. Josee H. Moore, Proi·idol. however, That such port 10n of. 8a1d Willbm Moore, )Iorrill, N~gl0y, 11':foill, Packard, land shall first be offered for sale as ean Le sold Paine, Palmer, Phelps, Poland, Pomeroy, Prosser, with the least ini'ury to the remainder Roots, Sanford, Sarp:ent.,. Sawrer. Sehnnck, Scofield, . . , . . · Sheldon ..JohnA. Smith, \Vor:hm,,ton C.Smah, W11!rnm April 1-Its further cons1derat10n was post­ Smyth, Stokes, Stoughton, lltrick'

Taffe, Trimhlo, Tyner, Van T,ump, John T. Wilson, Winchester, ll'oodward-47. . SEc. 2. That any contract hereafter made spe­ c1firally payable in coin, and tho consi

Smith, l:::it0vcns;)n 1 Stiles, Stan,, Stou~hton, Slrade1·, ..~wann, ma~, J.. ickcrs-12. Sweene!f, Taffe, Trimble, Tyner, Van Horn, \Yilliam B. NAYs-:'.I_c!:lsrs. Abbott, Ant.bony, Drownlow, Carpen.. Washburn, ,re.Iker, Hells, Wilkinson, \Villard, illiamfl, te.r. Conl~.lI:1,~, Corbett.,. Cra~1n,. Dr~!;:0, Fenton. Ferry, Eu.qene N. n~.l on, John T. ,\ilson, \\'inans, 1Vincltester, G1lhc_rt, <:r1mPB, Hamhn,, Ilarn~. h.C'Ho~p.:, l\IcDonaltl, ,vitcher, W,io ,wtf1"d-87. , l\Iorrdl, Nye, Patkrson, I~n.ms~y,Sawycr, Schurz. Scott, NAYs-)IcwsrB. Armstrong, Asper, Axtell, Danks, Ilcn· Sh.er.man, S~~wurt., Stunner, T1pton, Trumbull, \Varner, j~min, Dennett, Dlair, Boles, Doyel, Duffinton, Durtlctt, Williams, Wilson-31. Roderick u. Butler, Churchill, Clint?n L. Cobb, C".nger, Mr. Morton moYed to strike from section 1st Cowles, Dciwcs, Dockery, Donley, Fmkelnburo:, Fisher, tl , ·d " I · · I · Garfield, Gilfillan, Heaton, Hoar, Johnsnn, Alexander II. 16. \\ 0.1 s,,, aut. lO!'lZlng t 10 l8SU0 of any such Jones, Ju~tl, ,Julian, Ketcham, Laflin, Lash,. Loµ:an, obl1gatwn; wlnch was not agreed to-yeas 14, lllcGrew, J\Iercur. \I 111mm Moore. Packard, Paine, Pal­ nays 3:J as follow· mer,Po1ancl. Pomeroy, Prosser, noots,Sanford, Sar~ent, ~ · Schenc·k. Sheldon, John A. Smith, Stokes, Strickland, ,YEAS-. !cssrs. Ea71ard, Brnwnlow, Casserly, llforton, Tanner. Twichell, Ward, Cadwalader C. Washburn, liorton, I omeroy, Pratt, Rn!,ertson, ltoss, Spencer, Wheeler, "'hittemore-5G. Spi:ngue, Stockton, Thurman, i ,ckcrs-14. ·. ·1 , h db · l l\iws-Mcs·srs. Abbott, Anthony, Doreman, Carpen­ . The bl 1wast en passe y the vote previous y ter, Cattell, Corbett, Cragin, Drake, Fenton, I•'crry, Fes­ g1ven. senden, Gilbert, Grimes, Ilamlin, Howard, Howe, lllor­ IN SENATE. rill, Patterson. P.nmsey, Sawyer, Sdrnrz, Scott, Sher­ man, Stewart., Sumner, Thnyor, Tipton,\\'arner, \Villey, :March 9-The following bill was reported from Williams, Wilson, Yates-32. the Commitlee on Finance: " March 15-This bill was then laid aside, and A BILL to ~trengthen the public credit, and re­ the 1Io11se Lill taken np and passed by the vote lating to contracts for the payment of coin. given above. Be it enacted, &c., That in order to remove any donbt as to the purpose of the Government to Amendment to tho Tenure-of-Office Act. discharge all just obligations to the public cred­ This bill passed both Houses, and became a itors, and to settle conflicting questions and inter­ law: pretations of the laws by virtue of which such AN Ac:r to amend "An act regulating the ten­ obligations have been contracted, it is hereby nre of certain civil ol!ices." provided and declared, that the faith of the United Be it enacted by the Senate and ]louse of Rep­ States is solemnly pledged to the payment in resentatives of the United States of Ame1ica in coin, or its equivalent, of all the interest-beariug Congress assembled, That the first and second obligations of the United States, except in cases sections of an act entitled •'An art regulating where the law authorizing the issue of any such the tenure of certain civil ofiices," passed J.\1arch obligation has expressly provided that the game 2, )SGi, be, and tho same are hereby, repealed, may be paiJ in lawful money or other currency and in lieu of said repealed sections the follow· than gold and silver: Provided, however, That ing are hereby enacted: before any of Raid interest-bearing obligations That e\·ery person holding any civil office to not already due shall mature or be paid· before which he has been or hereafter may be appointed, maturity, the obligations not bearing interest, by and with the advice and consent of the Sen­ known as United States notes, shalf be mn.de ate, and who shall have become duly qualified convertiule into coin at the option of the bolder. to act tlierein, shall be entitled to hold such office 414 POLITIC.AL MANUAL. [Pa.rt IV.' during the term for which he shall have been hr SENATE, :March 31. appointed, unleBs sooner removed by and with YE ,s-~Iessrs. Abbott, Anthony, Borcmnn. Brownlow, the advice and consent of the Senate, or by the nuckingham. Cameron, Carpenter, Chandler. Conklin~, Corbett, Cragin, Dmke, Edmunds, Fenton. Ferry, Gil· appointment, with the like advice and consent-, bert, Grimes, Hamlin, Harlan, Harris. Howard, Kellogg, of a successor in his placo, except as herein other­ :Morrill, N~?E:.., O~born, Patterson, Pomi:-rnv, Pool, Pratt, wise provided. Rn.m~cy, Rice, Sawyer, Schurz. Scott, Sncll...-:cr. St1n1ner, 'l'ipton. Trumbull, Willey, Williams, Wilson, Yatcs-42. SEO- 2. And be it further enacted, That during !S"AYs-1\Io~srs. Baym·d, Ca.<:.sr.r?y, Dat'is, ldcOrcery, any recess of the Senate the President is hereby Sprague, Stf)cldon, Thurman, Vickers-8. empowered, iu his discretion, to sasrend any PRELD!INARY VoTES. civil officer appointed by and with the advice and consent of the Senate. except judges of the The following is the action of each IIouse in United States courts, until the end of the next detail: session of the Senate, and to designate some snit· IN HOUSE. able person,"subject to be removed in his discre­ 1869, March 9-The bill to repeal the tenure­ tion by tho designation of another, to perform of-c,ffice act was introduced by IIIr. Benjamin F. the duties of such suspended officer in the mean­ Butler, and read a first and second time and time; and such l'erson so designated shall take passed-yeas I:l8, nays lG, (not voting 39,) as the oaths and give the bonds required by law to follow: be Li.ken and given by the suspended officer, and YE,s-)Icssrs. Adams, Allison, Ambler. A1·clter, Asper, shall, during the timo be performs his duties, be Axt,ll, Bailey. Banks, Denman. Beel,. Iknnctt, Biggs, Binf!hnm. Blair, Boutwell, Bowen, Bo~"d. Buffinton, entitled to the salary and emoluments of rnch Burdett., Dur,·, Benjamin P. Ilutlcr, llodcrick R. But­ office, no part of which shall belong to the officer ler, c·ake. Cessna, Lhurchill, Clarke, Clct:cland, Amasa suspended; audit shall be the duty of the Presi­ Cobb. Clinton L. Cobb, Coburn, Cook, Conger, Crebs, Cullom. Davis, Dawes, Deweese, Dickey, Dicldn~on, dent within thirty Jays after the commencement Dyer, Eltl.rirl,q.-, Ferry, I1'inckelnbnrg, Fisher, Fitch, of each session oft he tienate, except for any office Gilfillan. Goll,1day, Gl'iswo!d, llahlr.man, Halo. Hamill, which in his opinion ought not to be filled, to llmvkin~, JJawlcy, Bay, Heaton, II ill, lloag, Hoar, IIol,­ man, Ing-ersoll, Johnson, Alexander II. Jones, Thomas L. nominate persons to fill all vacancies in office J.,n,.,, Judd, Julian, Kelley. Kelsey, Kerr. Ketcham, which existed at the meeting of the Senate, Knapp, Knr.tt. Lash, Logan. Loup;hridge, J.lar,hall, ]J[ay­ whether temporarily filled or not, and alrn in hmn, .McCormick. l\IcCrury, McGrew, Nc1Yerly, Jfo.'{fet, Elia-­ kim II. Moore,Jesse ll. l\loorc, f.Jorrill, Negley,lViblaclc, the place of all officers suspended; and if the 0 1 .Kcill, Orth, Packard, Packer, Paine, Palmer, Peters, Senato during such session shall retuse to advise Phrlps,Porneroy, Fotte1·,Prosser. Randrll. L'eading, Rica, and consent to an appointment in the place of Ro~crs, ~argent, SclwmakPr, Scofield. Shauk,;:. Sheldon, Slocum, John A. Smith, "°'illiam J. Sm:.h, Stevenson, any suspended officer, then, and not otherwise, Sliles, Stnne, Stoughton, Strader. Strickland, Swann, the Presidrnt shall nominate another person as Su:eeney. Trim 1,l.e. Twichell, 'l'yner.Upson, Van.Auken,Van soon as practicaLle to said session of the Senate Horn, Van Trumn, Voorhe"s, Cadwal:.1rkr C. \\"a~hburn, \\"illiam n. Washburn, Welker. lf'e/ls Wheeler, Williams, for said office. Eugene Al. Wilson. John T. Wilson, Winans, Winchester, SEc. 3. And be it fnrthe1· enacted, That section Witcher. JVond, Wnodward-138. KAvs-Jles8rs. Arnell, Boles, Farnsworth, Ferriss, three of the act to which this is au amendment notehkiss, Jenckes, Lnwrenee, Maynard, Schenck, be amended by inserting aft-er the word" resigna­ Worthinp;ton c. ~mith, Stokes, Tam:,, Tillman, Ward, tion," in line three of said section, the followrng: Whittemore, Willard-lG. "or expiration of term of office." IN SENATE. Approved, April 5, 1S69. March 11-It was referred to the Committee The final vote was as follows: on the Judiciary-yeas 34, nays 25, as follow: YEAS-Messrs. Al,bott, AnU,on:v, Urownlow, Duck· inghnm,' arpenter. Cattell. Chandler, f'onk ling, Cragin, IN IIousE, Jlfarch 31. Drake, Edmnndg, Ferry, Gilbert, ITamEn. Harris, Ilow­ YEAS-::lfossrs. Allison, Ambler, Ames, Arm~trong, ard, Howe. Morrill, Norton, Nye. Patterson, Pomeroy, Arnell, Asper, Bailey, Banks. Denman, Bennett, Bing· Hamsey. Rice. Sawyer, Schurz. ~colt, Stewart. Sumner, ham, 13Iair, Boles, Bowen. Duffinton, Bnrdett, Benjamin Tipton, Trumbull, \l"illiams, Wilson, Yates-34. F. Butler, l{od~ri<'k R. Butler, Cake, Cessna, Chnrchill, N \YS-~Jcssre. Bayard, Boreman. Cameron, Casserly, An1asa ('obh, Clinton L. Cobb, Coburn, Cook, Conger, Corbett., lJai·is, Fenton. Fessenden, Fowler, Grimes, Cowles,Cullom, Dawe~, Dixon, Dockery,Donley, Duw·al, J,!cCreer;t1, McDonald, Morton, Pool, Pratt, Robertson, Ela, Ferriss, Fin:~elnhurg, Fisher, Fitch, Garfield, Gil­ Ros~, Sherman, Spencer, Sprague, Stockton, Thayer, filbn, Hale, !fowler, 1-Iny, Heaton, Hill, Hooper, Hop­ Tltun11an, Ficktrs, Wnrner-2.;. kins, lne:ersoll, Jenckes, Alexander H. Jones, Judd, :March 2-!-Mr. Trumbull reported the bill Kelsey, Knapp, Laflin, Lash, Logan, Lynch. Maynard, f th C ·tt th J d- · d d McCarthy, .1,cCrary, McGrew, ~Jercur, Elhkim II. rom e omm1 ee on e u 1c1ary, amen e Moore,Jesse II. Moore, 11 illi"m "oore, )lorrell, Morrill, sq as to strike out all after the enacting clause O'Neill, Packard, Pac:rnr, Paine, Palmer, Peters, Phcl1,a, and insert ns follows: Pomeroy, Pro 0 scr, rtoots, Sanford, Sargent, Sawyer, That the 1st and 2d sections of an act enti­ Schenck, Scofield. Shanks, Sheldon, John A. Smith, William J. Smith, l\"illbm Smyth, Stevens, Stevenson, tied "An act regulating the tenure of certain Stoj,es, St,aue:hton. Strickland, Taffe, Tanner, Tillman, . civil officers," passed March 2, 1867, be, and the Tw1~hcll, fyner, Upson, Van Horn. Ward, Cadwalader i same are hereby repealed and in lieu of said C. \\ashburn, Wilham B. Washburn, Welker, \\heeler, I .· ' ' . Williams, John 'l'. Wilson, Winans, ll"itchcr-108. repealed sect10ns the followmg are hereby en­ N.1.Ys-.!lfossrs. Archer, Axtell, Beatty, Beel~ Benton,; acted: Tbat every person holding any civil office Biggs, Eird, lloyd, Brooks, Burr, Calkin. Clarke, Cleve- · t l · h h h b , I f b • land, C'rcb.,, Davis, Deweese, Dickinson. Eldrid_qe, Ferry, O .w IIC e as . een or m~y ierea ter e ap Getz, Golladay, Griswol,J, Jia/.deman, H<1mbt,to». llamill, pornted, by and with the a

PRESIDENT GRANT'S INAUGURAL ADDRESS, AND l!ESSAGE 0?{ RECONSTRUCTION, AND THE OFFICIAL PROCLA1'1ATIONS OF_ THE YEAR.

President Grant's Inaugural Address, March debt will be trusted in public place, and it will 4th, 1B69. go far towards strengthening a credit which Citizens of the United States: ought to be the best in the world, and will ulti­ Your suffrages having elected me to the office mately enable us to replace the debt with bonds of President of the United States, I have, iu bearing less interest than we now pay, To this conformity to the Constitution of our country, should be added a faithful collection of the rev­ taken the oath of office prescribed therein. I enue, a strict accountability to the treawry for have taken this oath without mental reservation, every dollar collected, and the greatest pracLica­ and with the determination to do to the best of ble retrenchment in expenditure in every de­ my ability all that it requires of me. The re­ partment of government. sponsibilities of the position I feel, but accept When we compare the paying capacity of the them without fear. The office has come to me country now-with the ten States in poverty unsought; I commence its duties untrammelled. from the effects of war, but soon to emerge, I I bring to it a conscious desire and determina­ trust, into greater prosperity than ever before­ tion to fill it to the best of my ability to the with its paying capacity twenty-five yearq ago, satisfaction of the people. and calculate what it probably will be twenty­ On all leading questions agitating the public five years hence, who can doubt the feasibility mind I will always express my views to Con­ of paying every dollar then with more ease than gress, and urge them according to my judgment; we now pay for useless luxuries? Why, it looks and, when I think it advisable, will exercise the as though Providence had bestowed upon us a consliiutional privilege of interposing a veto to strong box in the precious metals locked up in defeat measures which I oppose. But all laws the sterile mountains of the far west, and which will be fai1hfully executed whether they meet we are now forging the key to unlock, to meet my approval or not the very contingency tha~ is now upon us. I shall on all subjects have a policy to re­ Ultimately it may be necessary to insure the commend, but none to enforce against the will facilities to reach these riches, and it may be ne­ of the people. Laws are to govern all alike, cessary alw that the general government should tho~e opposed as well as those who favor them. give its aid to secure tl,is access. But that should I know no method to secure the repeal of bad only be when a dollar of obligation to pay se­ or obnoxious laws so effective as their stringent cures precisely the rnme sort of dollar to use now, execution. and not before. Whilst the question of specie The country having just emerged from a great payments is in abeyance, the prudent business rebellion, many questions_ will come before it for man is careful about contracting debts payable settlement in the next four years which prece­ in the distant future. The nation should follow ding Administrations have never had to deal the same rule. A prostrate commerce is to be with. In meeting these it is desirable that ll,ey rebuilt and all industries encouraged. should be approached calmly, wid1out prejudice, The young men of the country, those who hate or sectional pride, remembering that the from their age must be its rulers twenty-five greatest good to the greatest number is the ob­ years hence, have a peculiar interest in main­ Ject to be attained. taining the national honor. A moment's refl.ec~ This requires security of person, property, tion as to what will be our commanding influence nnd free religiouA and political opinion in every among the nations of the earth in their day, if part. of our common country, without regard to they are only true to themselves, should inspire local prejudice. All laws to secure these ends them \','.ith na[ional pride. All divisions, geo­ will receive my best efforts for their enforcement. graphical, political, and religions, can join in A great debt lias been contracted in securing this common sentiment. How the public debt to us an

It will be my endeavor to execute all laws in removed as promptly as possible, that a more good faith, to collect all revenues assessed, and perfect union may be established, and the conn- to have them properly acr.ountecl for and econom­ try be res lo red to peace and prosperity. _ ically disbursed. I will, lo the best of my ability, The convention ofthe people of Virginia which appoint to office those only who will carry out met in Richmond on Tuesday, December 3, 1867, this design. framed a constitution for that State, which was In regard to foreign policy, I would deal with adopted by the convention on the 17th of April, nations as equitable law requires individuals to 1868, and I desire respect.fully to call the atten­ deal with each other, and I would protect the tion of Congress to the propriety of rroviding bv law-abiding citizen, whether of native or foreign law for the holding of an election m that State birth, wherever his rights are jeopardized or the at some time during the months of May and flag of our country floats. I would respect the June next, under the direction of the military rights of all nations, demanding equal respect for commander of tha~ district, at which the ques­ our own. If others depart from this rule in their tion of the acloption of that constitution shall be clcalings with us, we may be compelled to follow submitte,1 to the citizens of the State; ancl if their precedent. this should seem desirable, I would recommend The proper treatment of the original occu­ that a separate vote be taken upon such parts as pants of this land, the Indians, is one deserving may be thought expedient, and that' at the same of careful study. I will favor any course toward time and under the same authority there shall them which tends b their civilization and ulti­ be an election for the officers provided uncler mate citizenship. such constitution, and that the constitution. or The question of suffrage is one which is likely snch parts thereof as shall have been adopted by to agitate the public so long as a portion of the the people, be submitted to Congress on the first citizens of the nation are exclnded from it~ priv­ Monday of December next for its consideration, ileges in any Slate. It seems to me very desira­ so that if the same is then approved the neces­ ble that this question should be settled now, and sary steps will have heen tnken for the restora­ I entertain the hope and express the desire that tion of tbe State of Virginia to its proper rela­ it may be by the ratification of the fifteenth tions to the Union. I am led to make this article of amendment to the Constitution. recommendation from the confident hope and In conclusion, I ask patient forbearance one belief that the people of that State are now ready toward another throughout tho land, and a de­ to co-operate with the national government in termined effort on the part of every citizen to do bringing it again into sucl1 relations to the his share toward cementing a happy Union, and Union as it ought as soon as possible to establish I ask the prayers of the nation to Almighty God and maintain and to give to all its people those in behalf of this consummation. equal rights under the law which were asserted in the Declaration of Independence in the words President Grant's Message respecting the Re­ of one of the most illustrious of its sons. construction of Virginia and Mississippi, April I desire also to ask the consideration of Con­ 7, 1869. gress to the question whether there is not just ground for believing that the constitution framed To the Senate and !louse of Representatives: by a convention of the people of Mississippi for While I am aware that the time in which Con­ that Slate, and once rejected,* might not be again gress proposes now to remain in session is very submitted to the people of that State in like man­ brief, and that it is its desire, as far as is consist­ ner, and with the probability o.f the rnme result. ent with the public interest, to avoid entering U. S. GRANT. upon the general business of legislation, there is WASHINGTON, D. C., April 7, 1869. one subject which concerns so deeply the welfare of the country that I deem it my duty to bring Final Certificate of Mr. Secretary Seward res­ it before you. ' pecting the Ratification. of the Fourteenth I have no doubt that you will concur with me Amondment to the Constitution,.July 28, 1868. in the opinion that it is desirable to restore the BY WILLIAM H. SEWARD, SECRETARY OF STATE OF States which were engaged in the rebellion to THE UNITED STAT ES. their proper relations to the Government and the To all to whom these presents may come, greeting: country at as early a period as the people of Whereas hy an act of Congress passed on the thorn States shall be found willing to become 20th of April. 1818, entitled'' An act to provide peaceful and orderly communities, and to adopt for the publication of the laws of the Untted and maintain such constitutions and laws as will States and for othP.r ·purposes," it is declared, effectually Recore the civil and political rights that whenever official notice ghall have been of all persons within their borders. The au­ received at the Department of t:itate that any thority of the United States, which has been amendment whid1 heretofore has been ancl here­ vindicated and established by its military power, after may be proposed to the Constitution of the must undoubtedly be asserted for the absolute United State~ has been adopted according to the protection of all its citizens in the full Pnjoyment provisions of the Constituticn, it shall be the of the freedom and security which is the object duty of the saicl Secretary of State forthwith to of a republican government. But whenever cause tlie said amendment to be published rn the the people of a rebellious State are rPady to en­ newspapers authorized to promulgate the laws, ter in good faith npon the accomplishment of *The vote was taken June 22, 1868, and,as transmitted this object, in entire conformity with the consti­ by Gen. Gillem, was as follows: For the constitution, tutional authority of Congress, it is certainly de­ 56,231; against it, 03,SGO. Number of registered voters, sirable that all causes of irritation should be 155,351. 418 POLITICAL 1\IANUAL. [Part IV. with his certificate, specifying the States by neither tbe United States nor any State shall which the same may have been adopted, and assume or pay any debt or obligation incurred that the same has become valid to all intents· in aid of insurrection or rebellion against the and purposes as a part of the Constitution of the United States, or any clai1u for the loss or eman­ Unit8d States; cipation of any slave; but all such debts, obli­ And whereastheCongressoftheUnitedStates, gations, and claims shall be held illegaf and on or about the 16th day of June, 18GG, sub- void. milted to the legislatures of the severnl States a SEC. 5. The Congress shall have power to en­ proposed amendment to the Constitution in the force, by appropriate legislation, the provisions following words, to wit: of this article. , JOIXT RESOLUTION proposing an amrndment to Speaker of the_House of Representatives. the Constitution of the United States. .LA FAYETTE S. FosrER, Ee it resolved by the Senate and House of Rep­ President of the Senate pro tempore. resenlativcs of the United Stales of America, in Attest: Congress assembled, (two thirds of both I-Iousea EDWD. McPHERSON, concurring,) That the following article be pro­ Clerk of the Ilouse of Representatives. posed to the legislatures of the senral States J. W. FonNEY, as an nmendment to the Constitt1tion of the Secretary of the Senate. United States, which, when ratified bv three- And whereas the Senate and House of Rep­ fourths of said legislatures, shall be valid as resentatives of the Congress of the United State~. part of the Constitution, namely: on the 21st day of July, 1868, adopted and ARTICLE XIV. tran8rnitte

Message Respecting this Proclamation, January hellion against the same, or given aid or com­ 19, 1869. fort to the enemies thneof. This clause shall To the Senate of the United States: include the following officers: Governor, lieuten­ The resolution adopte

ORDERS AND PAPERS ON RECONSTRUCTION. • ADDITIONAL :MILITARY ORDERS UNDER THE RECONSTRUCTION ACTS, AND THE NEW CONSTITUTION OF TEXAS.

Orders and Papers relating to Reconstruction, to the command. Headquarters at New Or­ and General Action under the Reconstruction leans Louisiana, Until the arrival of General Laws.• Rous~eau at New Orleans, Major General Buchanan will command the department. HEADQUARTERS OF TIIE AR:,17, V. Brevet Major General George Crooke is ADJUTANT GEl\"ETI.AL'S OFFICE, assianed, according to his brevet of major gen­ W ASIIINGTO:i, July 28, 18G8 .. eral~ to command fhe department of the Colum­ Ganem! Orders, No. 55: bia, in place of Rousseau, relieved. The following orders from the War Depart­ VI. Brevet Major General E. R. S. Canby is ment which have been approved by the l'resi­ reassigned to command the department of Wash­ dent,' are published for the information and ington.

0aovernment of the army and of all concerned: VII. Brevet Major General Edward Hatch, Tlie commanding generals of the second, colonel 9th cavalry, will relieve General Bu­ third, fourth, and fifth military districts having chanan as assislan t commissioner of the Bureau officially reported that the Stat.es of Ar~a_nsas, of Refugees, Freedmen, and Abandoned Lands North Carolina; South Carolrnn,, Louisiana, in Louisiana. Georgia, Ahbama, and Florida lrnve fully com­ By command of General Grant. plied with the acts of Congress known as the E. D. TOWNSEND, reconstruction acts, including tho act passed Assistant Adjutant General June 22, 18GS, entitled "An act to admit the State of Arlrnnsas to representation in Con­ ATTORNEY GENERAL'S OFFICE, gress," and the act passed June 25, 1868, entitled August 20, 1808. ·• An act to admit the Stales of North Carolina, ALEXANDER n!AGRUDETI., Esq., South Carolina, Louisiana, Georgia, Alabama, United States },/arshal Northern District :ind Florida to representation in Congress," and of Florida, St. Augustine, Florida. thrit, consequently, so much of the act of :March Sm: Your letter of the 12th instant reached 2, 1SG7, and the acts suppiementary thereto, as me yesterday, and has received an attentive provide for the organization of military dis­ consideration. Colonel Sprague's information to tricts, subject to the military authority of the you must have been based upon his own con­ United States, as therein provided, has become struction of General Meade's order lately issued, inoperative in said States, and that the com­ and not upon any special instructions from the manding generals have ceased to exercise in Pres1den l to Colonel Sprague, through General said States the military powers conferred by Meade or otherwise, as no such Rpecial instruc­ said acts of Congress: therefore, the followin~ tions have been issued by the President. You chn,nges will be made in the organization anu add: "Uoder eome circumstances I should be command of military districts and geographical glad to have the aid of the military, and, if departments: practicable, would 'be pleased to have instruc­ I. The second and third military districts tions given to the military to aid mo when having ceased to exist., the States of North Caro­ necessary. I ask thi,;, as Colonel Sprague in­ lin:1, South Carolina, Georgia, Alabama, and forms me under his instructions he cannot do Florida, will constitute the department of the so." South; :Major General George G. Meade to com­ This desire and request for the aid of tho mili­ mand. IIe'adquarters at Atlanta, Georgia. tary under certain circumstances I understand II. The fourth military district will now con­ to refer to the occasional necessity which may sist only of the State of :Mississippi, and will arise that the marshal should have the means of. continue to be commanded by Brevet :Major obtaining the aid and assistance of a more con­ General A. C. Gillem. siderable force than his regular deputies supply III. The fifth military district will now con­ for execution of legal process in his district. sist of the State of Texas, and will be com­ The 27th section of the judiciary act of 1789 manded by Brevet Major General J. J. Reynolds. establishes the office of marshal, and names Headquarters at Austin, Texas. among his duties and powers the following: IV. The States of Louisiana and Arkansas "And to execute throughout the district all law­ will constitute the department of Louisiana. ful precepts directed to him and issued under Brevet J\Injor General L. H. Rousseau is assigned tho authority of the United States, and he shall *Continuation of the record from p. 3!G Hand-Book have power to command all necessary assistance of Politics for lSGS, or p. 87 Political Manual of 18GB. in the execution of his duty, and to appoint, as 40 Fago 41] ORDERS A:ND PAPERS ON RECO:NSTRUCTION, ETC. 423

there mriy be occM>ion, one or more dcputies."­ which the marshals of the United States are ex­ (lst 1 87.) pected to perform, fl.nd a reinforcement of their You will observe from this that the only power by extraordinary means is permitted by measure of the assistance which you have power the l~w only in extraordinary emergencies. to command is its necessity for the execution of . If 1t ~hall b? thougl1t that any occasion at any your duty, and upon your discreet judgment, ~1~e exists for ~nstrnct1ons ~o the military author­ under your official responsibility, the law reposes 1t1es of the Umted States within any of the States the determination of what force each particular in connection with the execution of process of necessity requires. This power of the marshal the courts of the United States, these instructions is equivalent to that of a sheriff, and with either will b~ in .accordance with the exigency then embraces, as a resort in necessity, the whole appearing. power of the precinct (county or district) over I am, sir, very respectfully, yonr obedient ser­ which the officer's fl.uthority extends. In de­ vant, WM. 11. EVARTS, · fining this power Attorney General Cushing­ .Attorney General. and, as I understand the subject, correctly­ says it "compri$es every person in the district IlEADQUARTERS OF THE AR11Y, or county above the age of fifteen years, whether ADJUTANT GENERAL'S OFFICE, civilians or not, and including the military of all WASHINGTON, August 25, 1868. denominations-militia, soldiers, marines-all Major General G. G. MEADE, U. S. A., of whom fl.re alike bound to obey the commands Commanding Department of South, of a sheriff or marshal." .Atlanta, Georgia. While, however, the law gives you this" pow­ GENERAL: In reply to yonr request for in­ er to command all necesrnry assistance," and the struction relative to the use of troops under military within your district are not exempt from yonr command in aid of the ci vi! authorities, obligation to obey, in common with all the citi­ the Secretary of War directs to be furnished for zens, your Rummans, in case of necessity, you your information and government the enclosed will be particular to observe that this high and copies of a letter of instructions to Brevet Major responsible authority is given to the marshal General Buchanan, commanding department of only in aid of his duty" to execute throughout Lonisiana, dated August 10, 1868, and of a letter the district all lawful precepts directed to him from the Attorney General of the U aited States and issued under the authority of the United to Alexander Magruder, esq., United States States," and only in case of necessity for this ex­ marshal, northern district of Florida, dated traordinary aid. 'l'he military rersons obeying Augnst 20, 1868. this summons of the marshal wil act in subordi­ The letter to General Buchanan indicates the nation and obedience to the civil officer, the conditions under which the military power of marshal, in whose aid in the execution of process the United States may be employed to suppress they are called, and only to the effect of securing insurrection against the government of aay its execution. State, and prescribes the duties of the depart­ The specifl.l duty and authority in the execu­ ment commander in reference thereto. tion of process issued to you must not be con­ The letter of the Attorney General sets forth founded with the duty and authority of snp­ the conditions under which the marshals and pressing disorder and preserving the peace, sheriffs may command the assistance of the which, under our Government, belongs to the troops in the respective districts or conn ties to civil aut.horities of the States, and not to the execute lawful precepts issued to them by com­ civil authorities of the United States. Nor are petent authority. thii special duty fl.nd authority of the marshal Tho obligation of the military, (individual offi­ in executing process issned to him to be con­ cers and soldiers,) in common with all citizens, founded with the authority fl.nd dnty of the to obey the summons of a marshal or sheriff, President of the United States in the specific mnst be held subordinate to their paramount cases of the Constitution and under the statutes duty as members of a permanent military body. to protect the States against domestic violence, Hence the troops can act only in their proper or with his authority and duty under special on;anized capacity, under their own officers, and statutes to employ military force in subduing in obedience to the immediate orders of their combinations in resistance to the laws of the officers. The officer commanding troops sum­ United States; for neither of these duties or moned to the aid of a marshal or sheriff must authorities is shared by the snbordinate officers also judge for himself, and upon his own. official of the Government, except when and as the same responsibility, whether the service required of may be specifically communicated to them by him is lawful and necessary, and compatible the President. with the proper discharge of his ordinary mili­ I have thus called your attention to the gen­ tary duties, and must limit the action absolutely eral considerations bearing upon the subject to to proper aid in execution of the lawful precept which yonr letter refers, for the purpose of exhibited to him by the marshal or sheriff. securing a due observance of the limit5 of your If time will permit, every demand from a civil duty and authority in connection therewith. officer for military aid, whether it be for the exe­ Nothing can be less in accordance with the na­ cution of civil process or to suppress insnrrection, ture of our Government or the disposition of our shall he forwarded to the President, with all the people than a frequent or ready resort to military material facts in the case, for his orders; and in aid in the execntion of the duties confided to all cases the. highest commfl.nder whose ord~rs civil <1fficers. Conrage, vigor, and intrepidity can be given in time to meet the emergencies are appropriate qnalities for the civil service will alone assume the responsibility of action. 424 POLITICAL MANUAL, [Part IV.

By a timely disposition of troops where t~ere is over bis present command to the officer next in l'easrm to apprehend a necessity for their nse, rank to himself, and proceed to Austin, Texas, and by their passive interp_o~ition between hos­ to relieve Brevet Maj or General Reynolds of tho tile parties, dangers of coll1s10n may be averted. command of the fifth military district. Department commanders, and in cases _of n~­ By command uf General Grant. cessity their subordinates, ~re expected, !n. this E. D. TOWNSEND, regard, to exercise, upon their own r_espons1bil1ty, Assistant Adjutant General. a wise discretion, to the end that rn any event the peace may be preserved. By command of General Grant. HEADQUARTERS OF TITE AR~IY, ADJUTANT GENERAL'S OFFICE, J.C. KELTON, WASIIINGTON, :March 5, 1860. Assistant Adjutant General. General Ord0rs, No. 10. The President of the United States directs that HEADQUARTERS OF THE ARMY, the following orders be carried into execution as '\.DJUTANT GENERAL'S OFFICE, soon as practicable: WASHINGTON, October 31, 18G'8. 1. The department of the South will be com­ Gen0ral Orders, Ko. 90. . manded by Brigadier and Brevet 11Iajor General The followrnO' order has been received from the War Department, and is published for the A.H. Terry. . . information and gnidance c,f all concerned: 2. Major Gener~lG. G_. ~Ieade 1s assigned _to command the military d1vlS!on of the Atlantic, · Soldiers may, for certain offences not stric~ly and will transfer his headquarters to Philadel­ military, be sentenced by general court-martial phia, Pennsylvania. He will turn over his pres­ to confinement in a penitentiary. ent command temporarily to Brevet Major Gen·' If any State in a military depart~ent bas J?lade era! T. II. Rucrer, colonel 33d infantry, who is provision by law for_ confinement rn a pemten· assiO'ned to dufy according to his brevet of 1mjor tiary thereof of prrnoners under sentence by courts-martial of the United States, the depart· gen~ral while in the exerci~e o~ this. comi:1and. 3. 11Iajor General P. Shenclan 1s assigned ment commander may designat~ such peniten­ IL to command the department of Louisiana, and tiary as a place for the execnt1on of any such sentence to penitentiary confinement; but if 1;0 will turn over the command of the department of the :Missouri temporarily to the next senior such provision has been made by any State in the department, the record will be forwarded to officer. ' 4. :Major General W. S. Hancock is assigned the Secretary of War ~or design~tion of a prison. to command the department of Dacotah. '£he authority wh1cll has designated the place 5. Bricradier and Brevet Major General E. R. of c~nfinement, or higher autho:ity, can change 0 S. Canby is assigned to command the first mili­ the place of confinement, or m1t1gate or remit the sentence. , tary district, and will pro~eed to his post as soon The same rules apply to prisoners sentenced as relieved by Brevet :11IaJor General Reynolds. G. Brevet .Major General A. C. Gillem, colonel by military commission, s~ long as the_la_w under 21th infantry, will turn over the command _of which the military comm1ss10n acted 1s rn force; but when that law ceases to l.ie operative, the the fourth military district to the next semor officer, and join his regiment. President alone can change the place of confine­ ment, or mitigate or remit the sentence.· 7. Brevet 11Iajor General J. J. Reynolds, colo­ By command of General Grant. nel 26th infantry, is assigned to command the fifth military district, "ccording to his brevet E. D. TOWNSEND, of major general. • .Assistant Adjutant General. 8. Brevet Major General W. IL Emory, colo· nel 5th cavalry, is assigned to command tl:e HEADQUARTERS OF TIIE AmIY, department of Washington, according to his ADJUTANT GE.l!ERAL'S OFFICE, brevet of m1ijor general. WASIIINGTO.l!, November 4, 1868. Geneml Orders, No. Ul. . By command of the general of the army, I. The following orders have been received . E. D. TOWNSEND, from the War Department: .Assistant Acijutant General. ,r..\n DEPART:\IF.NT, ,vAsm~GTO:Y CITY, 1\7ovcmber 4, 18GS. IlE~DQUARTERS OF THE AR1IY, Jlv direction of the President, Brevet Major General E. ii. 8. Canby is hercby~ssigned to the command of ADJUTANT GENERAL'S OFFICE, the fifth military district, created by the act of Con­ WAsrrrNGTON, lifarch IG, 18GO gress of Mnrch 2, 1SG7, and of the military department General Orders, No. IS. . . {)f rrexa:-i. consisting of the State of T~xas. He will, By direction of the President of the_ Umte_d without unncces~nry delay, turn over his present com­ States, the following changes are made Ill m1h­ mand to tlie next otliccr in rank, and proceed to the 1 commnnd to which he is hereby a~~igncd, and, on a!-i­ tary divisions and department comm:'.nds: . suming the snme, wtll, when.necessary to a faith fol I. Lieutenant General P.H. Shendan 1s as· execution of the laws, ·exerc1Be any nnd all powers conferred by acts of Congress upon district command· signed to command the military division of the ers and nny and nil authority pertaining to officers in 1~issonri. . . co~1mand of military departments. IL Major General II. W. Halleck 1s assigned Brevet Major General J. J. Reynolds is .h.ereby re­ lieved from the command of the fifth m1htary dis­ to the command of the military division of the trict. J. :r,r. SCHOFIELD, South, to be composed of the departments of the Secretary of War. Sontb and Louisiana, of the fourth military dis­ II. In pursuance o~ the foregoing order of ~he trict, and of the States composing the present President of the Umted States, Brevet 1IaJor department of the CumbP:rland, headquarters General Canby will, on receipt of this ord~r, turn Louisville, Kentucky. MaJor General Halleck Page 43] ORDERS AND PAPERS ON RECO~STRUCTION, ETC.. 42f> will proceed to his new command as soon as dinances of the different municipalities within relieved by 1fajor General Thomas. the State having especial reference to and made III. Uajor Gener'al G. H. Thomas is assigned to restrain the personal liberty of free colored to command the military division of the Pacific. persons were designecl for the government of IV. 1Iajor General J.M. Schoaeld is assigned such persons while living amid a population of to command the department of the Missouri. colored slaves; they were enacted in the inter­ The State of Illinois and post of Fort Smith, ests of slave-owners, and were cleoianed for the Ark11nsas, are transferred to this department. security of slave property: they w~re substan­ V. Brigadier and Brevet 1Iajor General 0. 0. tially parts of the slave code. HowA.rd is assigned to command the department Slavery has be.en ~bolished in Virginia; and, of Louisiana. Until his arrival, the senior offi­ therefore, upon tbe prrnciplethat where the reason cer, Brevet Uajor General J. A. Mower, will com­ of the law ceases the law itself ceases, these laws mancl according to his brevet of major general. and ordinances have become obsolete. People VI. The department of Washington will be of color will henceforth enjoy the same personal discontinued ancl merged in the department of liberty that other citizens and inhabitants enjoy; the East. The records will be sent to the adju­ they will be subject- to the same restraints and to tant general of the army. the same punishments for crime that are imposed VIL The first military district will be added on whites, and to no others. to the military div:sion of the Atlantic. Vagrancy, however, will not be permitted; VIII. As soon as Major General Thomas is neither whites nor blacks can be allowed to ready to relinquish command of the department abandon their proper occupations, to desert their of the Cumberland, the department will be dis­ families, or roam in i

admissinn of the State, dispenses with the pro­ rnent again qualified under the constitutions of visions of any previous laws that conflict with their States. it. In all other respects the constitutions and The action taken in the first case was approved, the governments organized under them remained and in the second, directed by the general of the inoperative until all the conditions of restora­ army. It has also been suggested that the re­ tion were satisfied. lt has 1.Jeen suggested re­ eonstruction laws are silent as to the qualification cently that this decision is in conflict with a of officers to be elected under the proposed con­ decision made I.Jy the general of the army in stitutions and of voters at such elections, and relation to the t-itate of Georgia, on the 2d of that the laws under which the decision has been :March, 1868. The only decision of that date made are in conflict with the recent legislation which I have been able to find relates to the of Congre,ss (act of April 10, 1869) and with the State of Florida, and is in reply to a Bpecific XIVth article of the amendments to the Consti­ inquiry as to the qualifications of voters for tution of the United States. The question with offices under the constitution, "and to take office regard to the qualification of voters was raised on the adoption of the constitution," anu the in the case of the (then) proposed constitution of answer is to be interpreted by the decision of the State of Florida, and was settled by the 2d January 13, 1868, that" The governments elected section of the law of 1-larch 13, 18G8, which pro­ cannot assume authority except under the orders vides "That the constitutional conventions of of the district commander, or after action of any of the States named in the acts to which this Congress on their constitutions." The decision is arnendatory may provide, that at the time of in relation to Georgia is dated on the 29th of voting upon the ratification of the constitution, April, 1868. It is similar in import., anu refers the registered voters may vote also for members to the dispatch of March 2, anu this has proba­ of the House of Representatives of the United bly led to the confusion of dates. It is in answer States and for all elective officers provided by to a communication from the commander of the said constitution." The "voters" at the election third military district, and applies directly and to be held in this Stale for" members of the gen­ apparently exclusively to the 2d paragraph of eral assembly," "State officers," and " members General Orders, No. 61, third military district, of Congress," under the authority of the 2d sec­ of :May 15, 1868, which provides that'_' inasmuch tion of the law of April 10, 1869, are determined as said general assembly, should the constitution by the 1st section of that law to be the "voters now submitted to the people of the State be of said State registered at the date of said sub­ ratified by them, and be approved by Congress, mission (of th9 constitution) for ratification or is required to convene and adopt the proposed rejection." The qualification of the officers rests amendment to the Constitution designated as upon the same basis, and must be goYernecl by Article XIV before the· State can be admitted the reconstruction laws until the constitution to representation in Congress, it may be decided becomes the controlling law, and this does not that the members of the said general assembly obtain until it has been approved Ly Congress. are, wlHle taking this preliminary action, officers Over the remaining suggestions the district com­ of a provisional government, and as such required, mander has no control. and the question whether under the 9th section of the act of Congress, of the laws are or are not in conflict with the con­ July 19, 1807, to take the" test oath." stitution must be determined by the Supreme This decision must also be interpreted by the Court of the United States. decision of January 13th, and this I appreh8nd Very respectfully, your obedijnt servant, to be the proper rule of interpretation of all the ED. R. s CANBY, correspondence upon this subject, as I have been Brevet Major General, .commanding. unable to find any case in which the inquiry and answer did not relate to the status of theae officers Second Military District-North Carolina and · after the approval by Congress of the constitu­ South Carolina­ tion under which they were elected. The law of 1868, July 2-Various appointments of rail­ June 23, 1868, approving the. constitutions of road directors, &c., made by Governor Worth several States, and authorizing specific action annulled. . under them, was regarded by me as dispensing July 2-Legidature of North Carolina ratified with the oath of office prescribed by the law of the XIVth constitutional amendment. July 2, 1862, first as to the members of the general July 3-General Canby telegraphed to Gov­ assembly, and after the ratification of the con­ ernor Holden, '' Your telegram announcing the stitutional amendment to the other State officers ratification of the constitutional amendment by duly elected and qualified under those constitu­ the Legisloture of North Carolina has been re­ tions. 'l'bis construction, in its first application, ceived, and instructions will be sent to-day .to did not include the governor and lieutenant gov­ the military commanders in North Carolina to ernor; but as the organization of the legish.ture abstain from the exercise of any a:1thority under would have been incomplete without the lieu­ the reconstruction laws, except to close up unfin­ tenant governor, and as the legislative action ished business, and not to interfere in any civil · required by the law might have been embarrassed matters unless the execution of the law of June by the action of the old incumbents, the general 25, 1868, should be obstructed by unlawful or of the army directed that they should be re­ forcible opposition to the inauguration of the -moved, and the governor and lieutenant governor new State government." elect should be appointed in their places. They July 6-Issued instructions as to the course tc, were so appointed in North and South Carolina. be pursued by commanding officers on ratifica­ qualified under their military appointment, and tion of XIVth amendment in North Carolina after the ratification of the constitutional amend­ and issue of the Preside°''s proclamation. 428 POLITICAL !IIANUAL, [Part IV.

July 9-The Legislature of South Carolina June 23-All civil officers in Florida ordered ratified the XlVth constitutional amendment. to turn over all public property, &c., to duly July 13-0rder similar to that of July 6 in eletted officers, and the district commander, on relation to South Carolina. notification of the inauguration of civil govern­ July 24-All authority conferred upon and ment, to transfer everything appertaining to the heretofore exercised by tbe commander of the go\·ernment of said ~late to the proper civil said second military district, by and under the oflicers, and to abstain in future upon any pre­ aforecit.ed law of !\larch 2, 1867, remitted to the text wlrnteyer from any interference wilh or , civil authorities consti1.uted and organized in the control over the civil authorities of the State in said States of North Carolina and South Carolina the persons and property of the citizens thereof. under the constitutions adopted by the people July 2-Forbade any court or ministerial offi­ thereof and approved by the Congress of the cer in Georgia to enforce any judgment, decree, United States. ­ or execution against any real estate, except for taxes, money borrowed and expended in the Third Military District-Georgia, Florida, and improvement of tl10 homestead or for the pur­ Alabama. chase-money of the same, and· for labor done 1S6S, April 10-Tlie resign:itions of sheriffs in thereon or material furnished therefor, or re­ Georgia being very numerous on account of the moval of incumbrance thereon, until- the legis­ lature should have time to provic.le for the settino near approach of the election, their resignations 0 were not received, and they were required to apart and Yaluation of such property. continue in the discharge of their duties till re­ July 3-Governor R. B. Bullock ordered to lieved bv further orders. effect organization of the two houses of the leg­ Forbade the attempts of employers to control islature of Georgia on the 4th inst. the action or will of their laborers as to voting. .Tulv !J-Goycrnor Wm. II. Smith ordered to 1 by threats of discliarge or other oppressive means, organhe the two houses of the legislature of under the penalty of fine and imprisonment. An­ Alabama on the 13th iust., having required be­ nounced it as the intention of the commanding furehand that each house shall be purged of general to secure to all duly registered voters an those who were obnoxious to the X!Vth consti­ opportunity to vote "freely and without re­ tutional amendment. straint, fear, or the influence of fraud." July 13-The legislature of Alabama ratified April 11-Forbade all municipal elections in the XlVth constitutional amendment. Georgia on the general election day. Forbade July H-11ilitary rule withdrawn from the the assembling of any armed bodies to discuss State of Alabama. All prisoners ordered to be political questions. Forbade the carrying of turned over to ciyil courts. Writs from State arms at or near polling places on election day. courts to be answered by stating that the pris­ Enjoined the superintendents of registration and oners are prisoners of the United SLates, and officers of Freedmen's Bureau to instruct the writ must come from United States court. frecc.lmen as to tbeir rights. July 21-Legislature of Georgia. ratified the April 13-It having been renorted that many XIVth constitutional amendment. names have been stricken from the registered July 22-nlilitary rule wiLl1drawn from Geor­ JiBt of voters in Georgia without auy cause, and gia. it being tho determination of the commanding HEADQ,UARTEUS THIRD llfrLITA!tY DISTRICT, general that all •he candidates shall be able to (DEPT. OF GEORGIA, FLORIDA, AND ALABAMA,) show, from official data, that the election was ATLANTA, GA., July 301 1868. honestly and fairly conducted, all managers of General Orders, No. 108. elections were ordered to receive the votes of all . I. _The se~·eral States comprising this military such persons, to be sent in a separate envelope district havrng, by solemn acts of their Assem­ with the returns of the election. . blies, conformed to the requisitions of the act of April 15-1Iembers of the General Assembly Congress which became a law June 25, 1868, and of Georgia taking their seals before the ratifica­ civil govern_ment hav'ing been inaugurated in tion of the XIVth constitutional amendment are each, the military power vested in the district officers of a provisional government, and required commander by the reconstruction laws, by the to take the test-oath. provisions of these laws ceases to exist, and April 24-Allowed the employment on the hereafter all orders issued from these headquar­ highway of rnch persons as had been convicted ters, and bearing upon the rights of persons and of minor offences, permitted the me of the ball property, will have in the rnveral Slates of and chain where there was danger of escape, but Georgia, Alabama, and Florida only such force the chain-gang not to be rev:ved. · ~s may be given to them by the courts and leg­ May 11-Declared the constitution of Georgia 1Slatures of the respective States. · * .* ratified by a majorit:,r of 17,699. By order of 11ajor General Meade: June 2-Declared the const-itution of Florida s. F. BARSTOW, A. A. A. G. ratified by a majority of 5,050. June 9-Legislature of Florida ratified the Fourth Military District-Mississippi and Ar­ XIVth constitutional amendment. kansas. June 28-Rufus B. Bullock appointed Gov­ 1863, June 22-Arkansas admitted to repre­ ernor of Georgia, vice Brevet Brigadier General sentation in Congress. T. H. Roger, to date from July 5. William H. June ~2-Election in 11ississippi, constitntior .Smith, Governor, vice R. M. Patton removed, defeated . and A. J. Applegate, Lieutenant Governor, of June SO-Military rule withdrawn from Ar· Alabama, both to datffrom July 13. kansas. • Page 47] ORDERS AND PAPERS ON RECONSTRUCTION, ETC. 429

August 5-Arkansas detached from the fourth in _all cases where they may lawfully require military district and attached to the department assistance, to summon substantial citizens of the of Louisiana. county, whose social and material interests are 186D, March 23-All offices held by persons invo)ved in_ the peace and prosperity of the com­ unable to take the test-oath and whose disabili­ m~n!ty, without reference to their political ties have not been removed declared vacant. oprn10ns. April 9-Annuls an act of the legislature of "For like reasons, no person who is person­ Miss1s,ippi of 1867 in regard to poll-tax, fixing ally or pecuniarily interested in any issue to be it at one dollar instead of two. No city or town tried will hereafter be deputed to serve or be allowed to levy a poll-tax. summoned to aid in the service of any legal April 27-0rdered that all persons, without process connected with the particular cause of respect to race, color, or previous condition of action." servitude, who possess the qualifications pre­ scribed by article 135, page 499, of the Revised liEADQ.'RS FIFTH MILITARY DISTRICT, AUSTIN, TEXAS, April 7, 1869. Code of 1857, shall be competent jurors. General Orders, No. 68. The provisions of chapter 63, general laws of Fifth Military District-Louisiana and Texas. the 11th legislature, State of Texas, passed Oc­ 1868, July 9-Legislature of Louisiana rati­ tober 27, 1866, are so modified, that here:,.fter no fied the X!Vth constitutional amendment. county judge or county court shall apprentice July 13-Military rule withdrawn from Louis­ any child whose relatives, either by consan­ i'l.na. guinity or affinity, take such care of it as to pre­ August 4-Louisiana detached from the fifth vent its becoming a charge upon the public; and military district. in every case where a child has been apprenticed September.18-The constitutional convention by the county court since the 19th day of June, of the State of Texas, on the 25th day of August, 1865, the indentures shall be cancelled by the 1868, levied a tax of one -fifth of one per cent. court that ordered them, when the relatives of on the assessment of 1868; which tax the asses­ such child, either by consanguinity or affinity, sors and collectors now have instruction~ to col­ apply to the county court for the custody and lect. Itis hereby ordered thatthe tax be promptly care of it. paid. Any obstruction or resistance to the col­ ·It is further ordered, that the bond required lection of said tax will be a violation of the law by section 5 of said act shall, in addition to of Congress, and as such will be punished by the conditions therein prescribed, provide for military authority. the tuition of such child in some private or September 29-No election for electors of :!:'re­ public school for three months in every year of sident nnd Vice President of the United States the apprenticeship. * * will be held in the State of Texas on the 3d of In any case where a sale of real estate may November next. Any assemblag~s. proceedings, be made under execution or other judicial pro­ or acts for such purposes are hereby prohibited, cess, or '' under a mortgage or deed of trust," and all citizens are admonished to remain at and the proceeds of such sale are for the benefit home, or attend to their ordinary business on of the State of Texas, the Governor and attor­ that day. ney general may direct that such real estate November 4-General Reynolds removed from shall be bid in for the State, if in their judgment command. General E. R. i:l. Canby assigned to the interest of the State will thereby be pro­ the fifth military district. moted; :rnd the :1 collected, and said treasurers are di­ the practice of the sheriff, in calling for assist­ rected :i.nd required to receipt and account for ance in the execution of legal process, to summon the same as by law required with reference to only persons who are of the same politi,al party. other moneys not applicable to any special fund The administration of justice should not only be or purpose. impartial, but its agents should be free from the By command of Bvt. Maj. Gen. E. R. S. Canby: suspicion of political or partisan bias; and it is Lours V. CAzrARC, made the duty of all sheriffs and peace officers A. JJ. G.. A.A A. G 430 POLITICAL MANUAL, [Part IV.

April 8.-Gen. Canby relinquished command, year next preceding au election, and the last six and Gen. J. J. Reynolds resumed it. months within the district or county in which April 12.-All civil officers in the State who he offers to vote and is duly registered, (Indians cannot take the test-oath will cease to perform not taxed excepted,) shall be deemed a qualified official duties on the 25th instant. elector; and should such qualified elector hap­ pen to be in any other county, situated in the district in which he resides, at the lime of an New Constitution of Texas. election, he shall be permitted to vole for any The constitution of the State of Texas, adopted district officer; provided that the qualified elec­ by the convention, and to be submitted to a vote tor shall be permitted to vote anywhere in the ·of the people at a time to b" indicated by the State for State officers; and provided further, President, contains in the preamble an acknowl­ that no soldier, seaman, or marine in the army edgment, with gratitude, of the grace of God in or navv of the United States shall Le entitled to permitting them to make a choice of our form of vote at any election created by this constitution. government. Senators shall be chosen for six years, and In the bill of rights are theso declarations: representatives for two. The governor forfour. That the heresies of nullification and secession, Tue legislature shall not authorize any lottery, which brought the country to grief, may be elim­ and shall prohibit the sale of lottery tickets. inated from political discussion, tl1at public order It shall be the duty of the legislature to imme­ may be rest0red, private property and human life diately expel from the body any member who protected, and the great principleR of liberty and shall receive or offer a bribe, or snlier his vote equality secured to us and our posterity, we de­ influenced by pro wise of preferment or reward; clare that-­ and every person so offending antl. so expelled The Constitution of the U uited St:ites, and the shall thereafter be disabled from holding any laws and treaties made and to be made in pur­ office of honor, trust, or profit in this State. suance thereof, are acknowledged to be the su­ The legislature shall proceed, as early as prac­ preme law; t.hat this constitution is framed in ticable, to elect senators to represent this t'ltate harmony with and in subordination thereto; and in the Senate of the United States; and also that the fundamental principles embodied herein provide for future elections of reoresen tatives to can only be changed subject to the national au­ the Congress of the United Sta.tes; and on the thority. second Tuesda.y after the first assembling of the All freemen, when they form a social compact, legishtture after the ratification of this constitu­ have equal rights, and no man or set of men is tion the legislature shall proceed to ratify the entitled to exclusive separate public emoluments XIIIth and XIVth articles of amendment to the or privileges. Constitution of the United States of America. No law shall be passed depriving a party of The governor may at all times require in­ any remedy of the enforcement .of a contract formation in writing from all the officers of the which existed when the contract was made. executive department on any subject relating to No person shall ever be imprisoned for debt. the duties of their offices, and he shall have a No citizen of this 1:,tate shall be deprived of general supervision and control over them. He life, property, or privileges, outlawed, exiled, or shall have the power of removal of each of said in any manner disfranchised, except by due course officers, except the lieutenant governor, for mis­ of the law of the land. feasance, malfeasance, or nonfeasance; but the Perpetuities and monopolies are contrary to reasons and causes of such removal shall be com­ the genius of a free government,, and shall never municated in writing by him to the senate at the be allowed; nor shall the ]aw of primogeniture first meeting of the legislature which occurs after or entailment ever be in force in this State. such removal, for its approval or dirnpproval; The equality of all persons before the law is if disapproved by the senate, it may re~tore the herein recognized, and shall ever remain invio­ displaced incumbent by a vote of that body.. late; nor shall any citizen ever be deprived of The governor has the veto power, subject to any right, privilege, or immunity, nor Le ex­ an overriding vote of two-thirds of each House. empted from any burdens or duty, on account of The supreme judges to be appointed by the rn.ce, color, or previous condition. governor, with approval of the senate, to serve Importations of persons under the name of !or nine years. "coolies," or any other designation, or the Every male citizen of the United States, of adoption of any system of peonage, whereby the the age of twenty-one years ai:id upwards, not helpless and unfortunate may be reduced to laboring under the disabilities l)amed in this partial bondage, shall never be authorized or constitution. without distinction of race, color, tolerated by the laws of the State; and neither or former condition, who shall be a resident of slavery nor involuntary servitude, except as a this date at the time of the adoption of this punishment for crime, whereof the party shall constitution, or who shall hereafter reside in have been duly convicted, shall ever exist in the this State one year, and in the county in which State. he offers to vote sixty days next preceding any Every male person who shall have attained election, shall be entitled to vote for all officers the age of twenty-one years, and who shall be that are now or hereafter may be elected by the (or who shall have declared his intention to be­ people, and upon all questions submitted to the come) a citizen of the United States, or who is electors at any election ; provided, t.hat no at the time of the acceptance of this constitution person shall be allowed to vote or hold office by the Congress of the United States a citizen of who is now or hereafter may be disqualified Texas, and shall have resided in the State one thereby by the Constitution of the United States, Page 4DJ NEW CONSTITUTION OF TEXAS. 431

until such disqualification shall be removed by from time to time thereafter, as may be found the Congress of the United States; provided, n.P,cessa.ry,) provide all needful rules and regula­ further, that no person while kept in any t1ong. f?r the _rurpose.of carrying into effect the asylum, or confined in prison, or who has been prnv1s1ons ot. this art1.cle. It is made the imper­ convicted of felony, or who is of unsound mind, ative duty 01 the legislature to s~e to it that all shall be allowe,l to vote or hold office. the children in the State, within the scholastic It shall be tbe duty of the legislature of the age, am without delay provided with ample State to make suitable provisions for the support means of education. The legislature shall annu­ and maintenance of a system of public free ally appropriate for school purposes, and to be schools, for the gratuitous instruction of all the equally distributed among all the scholastir: inhabitants of this State between the ages of population of the State, the interest accruin" on six aud eighteen yearn. the school fund and the income deri\·ed from The legislature shall establish a uniform sys­ taxation for school purposes, and shall, frnm tem of public free schools throughout the State. time to time, as may be necessary, invest the The legislature at its first session (or as soon principal of the school fund in the bonds of the thereafter as may be possible) shall pass such United States Government, and in no other laws as <;1•ill require the attendance on tie pub­ security. lic free schools of the State of all the scholastic To every head of a family, who has not a population thereof for the period of at least homestead, there shall be donated one hundred four months of each and every year; provided, and sixty acres of land out of the public do­ that whenever any of the scholastic inl,abitants main, upon the condition that he will select, may be shown to have received regular instruc­ locate, and occupy the same for three years, and tion for said period of time in each and every pay the office fees on the same. To all single year from any private teacher having a proper men twenty-one years of age there shall "be certificate of competency, this shall exempt donated eighty acres of land out of the public them from the operation of the laws contem­ dr,rnain, upo11 the same terms and conditions as plated by this section. are imposed uron the bead of a family. As a basis for the establishment and endow­ Members o the legislature, and all officers, ment of said public free schools, all the funds, before hey enter upon the duties of their offices, hnds, and other property heretofore set apart shall take the following oath or affirmation: "I and appropriated for the support and mainte­ (A. B.) do solemnly swear (oraffirm), that I will nance of public schools shall constitute the public faithfully and imparti2.lly discharge and perform Fcbool fund; and all sums of money that may all duties incumbent on me as--, according co:ne to this State hereafter from the sale of any to the best of my skill and ability, and that I portion of the public domain of the State of will support the Constitution and laws of the Texas shall also constitute a part of the public United States and of this State. And I do further school fond. And the legislature shall appro­ swear (or affirm), that since the acceptance of priate all the proceedg resulting from sales of this constitution by the Congress of the United public lands of this State to such public school State9, I, being a citizen of this State, have not fund. And the legislature shall set apart, for fought a duel with deadly weapons, or com­ tho benefit of public schools, one fourth of the mitted an assault upon any person with deadly annual revenue derivable from general taxation, weapons, or sent or accepted a chyi.llenge to fight and shall a.lso cause to be levied and collected a duel with deadly weapons, or acted as second an annual poll-tax of one dollar _on all male in fighting a duel, or knowingly aided or as­ persons in this State between the ages of twenf,y­ sisted any one thus offending. either within the one and sixty years for the benefit of public State or out of it; that I am not disqualified scho,)ls. An.'1 said fund and the income derived from holding office under the 14th amendment therefrom, and the taxes herein provided for to the Constitution of the United States, (or, school purposes, shall be a perpetual fund. to be as the case ma_y be, my disability to hold office applied, as needed, exclusively for the education under the XIV amendment to the Constitution of all the scholastic inhabitants of this St&.te, of the United St,,tes has been removed by act and no law shall ever be made appropriatrng of Congress;) and, further, that I am a qualified such fund for any other use or purpose whatever. elector in this State." The legislature shall, if necessary. in addition Laws shall be made to exclude from office, to the income derived from the public school serving on juries, and from the right of suffrage, fund and from the taxes for school purposes pro­ those who shall hereafter be convicted of bnb­ vided for in the foregoing section, provide for ery perjury, forgery, or other high crimes The the raising of such amount, by taxation, in t.he privilege of free suffrage shall be supported by several sclwol districts in the State, a& will be laws regulating elections, and prohibiting under necessary to provide the neceseary school-houses adequate penafties all undue influence thereon in each district and insure the education of all from power, bribery, tumult, or other improper the scholastic inhabitants of the several dis­ practice. tricts. The legislature shall provide by Jaw for the The public lands heretofore given to counties compensation of all officers, se.rvants, agen~5, shall be under the control of tba legislature, and and public contractors, not provided for by tins may be sold under such regulations as the legis­ constitution, and shall not grant extra compen­ hture may prescribe, and m such case the pro­ sation to any officer, agent, servant, or public ceeds of the same shall be added to the public contrac•or, after such public service shall have sr.hool fund. been performed, or contract entered into for the The legislature shall, at its first session, (and performance of the same; nor grant, by appro­ D 432 POLITICAL MANUAL. [Part IV.

priation or otherwise, any amount 0f money shall not be construed to inhibit the authorities out of the treasury of the S1ate, to any indi­ of this titate from re peding and enforcing such vidual, on a. claim, real or pretended, where the ru!es an.d regulations as were prescribed by the same shall not have been provided for by pre­ satd legislatures which were not in \'iolation of existrng law. . the Constitution and laws of the United States, General laws, regulating the adoption of chil­ or in aid of the rebellion against the United dren, emancipation of minors, and tbe granting States, or pn·judicial to citizens of this State who of divorces, shall be made; but no special law were loyal to the United States, and which have shall be enacted relatiug to particular or indi­ been actually in force or observed in Tnas du­ vidual cases. • ring the above period of time, nor to affect pre­ The rights of married women to their separate judicially private rights which may ba,·e grown property. real and personal, and the increase of up .under such rules and regulatir•us. nor to in­ the same, shall .be lJrotecterl by law; and mar validate official acts not in aid of tire rebellion rir·d women. infants, and insane persons, shall against the United States during said perio,l of not lie barred of their rights of property by ad­ time. The legislature wlrid1 assemhled in the verse poss~ssion or law of limitation of less than crry of Austrn on the 6th day nf August, A. D. seven years from and after the removal of each 1S66, was provisional only, and its acls are to and ali of their respective legal disabilities. be respected only so far as they were not in vio­ The legishture shall lnive power, and it shall lation of the Constitution an,! laws of tbe United be their duty, to protect by law from forced sale States, or were not intended to reward. hose who a certain ronion of the property of all heads of participated in the rebellion or discriminate be­ families. The homestead of a family, not to ex­ tween citizens on account of race or color, or to ceed two hundred ac:res of land, (not incluued in operate prejurlic1a.lly to any class of citizens. a_ city town, or village.) or any city, town, or All debts created by the so-callnl State of v1lla'(e lot or lots, not to ex<'eed five thousand Texas from and after t.he 28th day of J;1nuary, dollars in value at the time of their designation A. D. 186l, and prior to the 5th day of August, as a homestead, and without reference to the 1865. were and are null and voirl, and the kgis­ value of any improvements thereon. shall not be lature is prohibited lrom making any proviston rnl,ject to forced sales for debts, except they be for the acknowledgment or p:iyment of such for the purchase thereof, for the taxes assessed debts. All unpaid balances, wlre1ber of salary, tlif'renn. or for labor and materi'lh expended per diem, or monthly allowance due to ern1,loyees thereon ; nor shall the owner, if a married man, of the Slate, who were in the service thereof on be at liberty to alienate the same unless by the the said 28th day of January, l81il, civil or mil­ const-nt of the wife, and in such manner as may itary, and who gave their aid, counteuancP, or be l'rescribed by law. support to the rebellion then inaugnrn.tt-d against All persons who at any time hrretofore lived the Government of the United States, or t.11rned toge' her as husband and wife, and both of whom, their arms against the said Go1·ernment, thereby by tl1e law of bondage, were precluded front the forfeited the sums severally due to them. All TIIH of matrimony and continued to iive to­ the ten per cent. warrants issued for milit:,ry gi,the1· until the death of one of the parties, shall sernc%, and exchanged during the rel,ellron at be considered as havin~ heen legally married the· treasury for non-interest. warrnnts, are a n,l the issue ofsuch cohabitation shall be deemed hereby declared to have beeo fully paid and dis­ l,·gi1im"1e. and Hll such persons as may be now charged: Provided, That, any loyal person, or his ltving together in rnch relation shall be consid or her heirs or legal representatives may by er•·d as having been legally m,irried, and the proper legal proceedings, to be commenced within children heretofore or hereafter born of such co­ two years alter tbe al'ceptan('e of tl1i~ eonnitu­ b" I.it ations shall be deemed .legitimate. tion by the Congress of the United St.a.ter, show Ko minister of the Gospel, or priest of any de proof in avoidance of any contract made or re­ noli1i1rntion whatevt-r who acce1,ts a seat in the vise or annul any decree or judgment rendPred l,·gislatnre as representative, shall after such ac since the said 28th day of January, 1'(51, wl1en, Cep1 n nee, be allowed to claun exemption from through fraud practiced or threats of violence n11liwry service, road duty, or serving on juries, u~ed towards such persons. no adequate consid­ by reason of his said prof<•ssion. eration for the contract has l,t-e:1 leceived; or 'l'l1e ordinance of tire convention passr·d on when, through absence from the :::-tate of such the first day of February, A. D. 1861, commonly f'Prson, or through political pn·jurlrce against known as thA ordinance of secession, was in con such person, the decision compla.ine-d nf was not tr:1vet1tion of the Constitution and laws of the fair or impartial. , l:nirt-d States, and tl1er, fore null aud void fmm All tire qualified voters of ;,ach count1· shall the beµinning; and all laws and parts of laws also 1,e qualified jurors of such co\1:ity • fou1:d,·d upon said or·dinance were aiso null and Four congr~ssional districts are ('stat.li,hed, to Yoid from the date of their passage The !E-gis continue tr!! otherwise provided 1,y law. · l,n ures \vhil'h sat in the State of Texas from I he The election on tbe adoption nf th" con,1itu­ 181\1 day of March, A. D. l8lll, until tbe 6th day tion to be held on the first lllonday in .] uly, 01 Aug11st., A. D. 1866, had no consti1Utional au­ 1869. at the places aod under the re/.!ulat.iouo to tlror1t1· to make laws l,inrling upon the people of be prescrib,-d by the commandiug gpneral of the tl,e State of Texas: Provided. That this section mihuuy district.• XLV.

JUDICIAL DECISIONS, AND THE OPINION OF TH~~ ATTORNEY GENERAL OF THE UNITED STATES ON THE JURISDICTION OF MILITARY cmmISSIONS.

SUPREME COURT OF THE UNITED STATES. transported, and the l)ayment of the tax to the sheriff or other proper officer. On the Right of a State to Tax Passengers Pass­ It is claimed by counsel for the State that the ing through it. tax thus levied is not a tax upon the passenger, but upon the business of the carrier who trans­ No. 85, DECEMBER TERM, 1867. ports him. William Il. Crandall,pl'ffinerror,}I°i,~!:! tg 8 If the act were much more skillfully drawn to 0~~ri ~r vs. the State of Ne- snstain this hvpothesis than it is, we should be The State of Nevada. vada. very reluctant to admit that any form of words l\Ir. Justice Miller delivered the opinion of the which had the effect to compel every person trav­ court. eling through the country by the common and The question for the first time presented to usual modes of public conveyance to pay a spe­ the court by this record is one of importance. cific sum to the S ate was not a tax upon the The ]'roposition to be considered is the right of right thus exercised. The statute before us is a State to levy a tax upon persons residing m the not, however, embarrassed by any nice difficul­ State who may wish to get out of it, and upon ties of this character. The language which we persons not residing in it who may have occa­ bave just quoted -is, that there shall be levie.d sion to pass through it. and ~ollected a capitation tax upon every person It is to be regretted that Ruch a question leaving the State by any railroad or stage-coach, should be submitted to our consideration with and the remaining provisions of the act., whicu neither brief nor argument on the part of plain­ refer to this tax, only provide a mode of collect­ tiff in error. But our regret 1s diminished by ing it. The oflicers and agents of the railroad the reflection, that the principles which must companies and the proprietors of the stage­ govern its determination have been the subject coaches are made responsible for this, and PO of much consideration in cases heretofore de­ become the collectors of the tax. cided by this court. We shall have occasion to refer hereafter 0011,e• The plaintiff in error, who was the agent of what in detail to the opinions of the judges of a. stage company engaged in carrying passen­ this court in the Passenger (Jases, 7 Howard, in gers through the State of Nevada, was arrested which there were wide differences on several for refusing to report the number of passengers points involved in the case before us. In the that had been carried by the coaches of his com· case from New York then under comiderntion pany, and for refusing to pay the tax of one the statute proyided that the health commissioner dollar imposed on eachJ,assenger by the law of should be entitled to demand and receive frorn that State. He pleade in good form that the the master of every vessel that should arrive in law of the State under which he was prosecuted the port of New York from a foreign port $1 50 was void, because it was in conflict with the for every cabin passenger and $1 tor each steer­ Constitution of the United States; and his plea age passengn, and from each coasting vessel being overruled, the case came into the supreme twenty-five cent• for every person on board. court of the State, where it was decided against That statute does not use language so str0ng as the claim thus set up under the Federal Con­ the Nevada statute, indicative of a. personal tax stitulion. on the passPnger, but merely taxes the master The provisions of the statute charged to be in of the vessel a,·cording to the number of his violation of the Constitution are to be founcl in passengns; but the court held it to be a tax sections 90 and 91 of the revenue act of 186.'\, upon the pa.ssrnger. and that the mast€r was the page 271 of the statutes of Nevada for that aoent of the State for its collection. Chief Jus­ year. Section 90 enacts, that" there shall be tice Tanev, while he differed from the majority levitd and collected a capitation tax of one of the co·urt aud held the law to be valid. said dollar upon every person leaving the State by of the tax leviPd by the analogous statute of any railroad stage-coach, or other vehicle en­ Massachusetts, that "its payment is th~ condi­ gaged or employea in the bu•iness of transport­ tion upon which the State permitR _the alwn pas­ ing passengers for hire;" and that the proprie­ senger to come on shore and mrngle w1ih its tors, owners, and corporations so engaged shall ci,izens and to reside among them. It 1s de­ pay said tax of one dollar for each and every manded of the captain, and !JOt from every ~ep­ person so conveyed or transported from the IRra.te. passen11;er, for convenience of collecllon. State. Section 91, for the purpose of col_lecting But the hor?en evident)y f~lls orion the passen­ the tax, reqmres from persons engaged 1n snch ger, and he rn fact pays H, ~1th er m the enhanc•:d business, or their agent-~. a report every month, price of his passage or directly to the captain under oath, of the number of passengers so before he is allowed to embark for the voyage. ~ fil 434 POLITICAL MANUAL. [Part l V.

The nature of the transaction and the ordinary court were relied on by the judges themselves as course of business show that this must be so." deciding it in differP.nt ways. It was certainly, Having determined that the statute of Nevada so far as those cases aiiected it, left an open imposes a tax upon the passenger for the privi­ question. lege of leaving the State, or passing through it In the case of Cooley vs. Board of Wardens, by the ordinary mode of passenger travel, we 12 Howard, 299, four years later, the same ques­ proceed to inquire if it is for that rerison in con· tion came directly before the court in reference tlict with the Constitution of the United States. to the local laws of the port of In the argument of the counsel for the de­ concerning pilots. It was claimed that they fendant in error, and in the opinion of the su­ constituted a regulation of commerce, and were preme court of Nevada, which is found in the therefore void. The court held that they did record, it is assumed that this question must be come within the meaning of the term •· to regu­ decided by an exclusive reference to two pro­ late commerce," but that until Congress made visions of the Constitution, namely: that which regulations concerning pilots the Btates were forbids any State, without the consent of Con­ competent to do so. gress, to lay any imposts or duties on imports Perhaps no more satisfactory solution has ever 01· exports, and that which confers on Congress been given of this vexed question than the one the power to regulate commerce with foreign furnished by the court in that case. After show-· nations and among the several States. ing that there are some powers granted to Con­ The question as thus narrowed is not free gress which are exclusive of similar powers in from difficulties. Can a citizen of tho United the States, because they are declared to be so, States traveling from one part of the Union to and that other powers are necessarily so from another be called an export? It was insisted in tbeir very nature, the court proceeds to say, that the Passenger Cases, to which we have already the authority to regulate commerce with foreign referred, that foreigners coming to this country nations and among the States includes within were imports within the meaning of the Con­ its compass powers which can only be exercised stitution, and the provision of that instrument by Congress, as well a8 powers which, from their that the migration or importation of such per­ nature, can best be exercised by the State legis­ sons as any of the States then existing should latures, to whi~h latt.er class the regulr.lion of think proper to admit should not be prohibited pilots belongs. "Whatever subjects of this prior to the year 1808, but that a tax might be power are in their nature national, or admit imposed on such importation was relied on as of one uniform system or plan of regulation, showing that the word import applied to per­ may justly be said to be of such a nature as to sons as well as to merchandize. It was answered require exclusive legislation by Congress." In that this latter clause had exclusive reference to the case of Gillman vs. Philadelphia, 3 Wallace, slaves, who were property as well as persons, 713, this doctrine is reaffirmed, and under it a :1-nd therefore proved nothing. While some of bridge across a stream navigable from the ocean, the judges who concurred in holding those authorized by State law, was held to be well laws to be unconstitutional gave as one of their authorized in the absence of any legislation by reasons that they were taxes on imports, it i.~ Congress affecting the matter. evident that this view did not receive the assent It may be that under the power to regulate of a majority of the court. The application of commerce among the States, Congress has au­ this provision of the Constitution to the propo­ thority to pass laws, the operation of which would sition which we have stated in regard to the be inconsistent with the tax imposed by the State citizen is still less satisfactory than it would be of Nevada, but we know of no such statute now to the case of foreigners migrating to the United in existence. Inr.smuch, therefore, as the tax States. does not itself institute any regulation of com­ But it is unnecessary to consider this point merce of a national character, or which has a further in the view which we have taken of the uniform operation over the whole country, it is ca.Re. not easy to maintain, in view of the :principles As regards the of the Con­ on which those cases were decided, that 1t violates stitution, two propositions are advanced on be­ the clause of the Federal Constitution which we half of the defendant in error: 1. That the tax have had under review. imposed by the State on passengers is not a reg­ But we do not concede that the question be­ ulation of commerce 2. That if it can be so con­ fore us is to be determined by the two clauses of sidered it is one of those powers which the the Co.nstitution which we have been examining. States can exercise until Congress has so legis­ The people of these United States constitute one lated as to indicate its intention to exclude nation. They have a Government in which all State legislation on the mme subject. of Lhem are deeply interested. This Government The proposition that the power to regulate has necessl!,ril.y a capital established by law, commerce, as granted to Congress by the Co.nsti­ where its princiJlal operations are conducted. tution, necessarily excludes the exercise by the Here sits its Je~1slature, composed of senators States of any of the power thus granted, is one and representatives from the States and from which has been much considered in this court, the people of the States. Here resides the Presi­ and the earlier discussions left the question in dent, directing through thousands of agents the much doubt. As late as the January term, 1849, execution of the laws over all this vast country. the opinions of the judges in the Passenger Cases Here is the seat of the supreme judicial power of show that the question was considered to be one the nation, to which all its citizens have a right of much importance in those cases, and was even to resort to claim justice at its hands. Here are then unsettled, though previous decisions of the the great executive departments, administering Page 53] JUDICIAL DECISIONS, ETC. 435

the offices of the mails, of the public lands, of the Bank of the United States, with authority to es­ collection and distribution of the public revenues, tablish branches in the different States and to and of our foreign relations. These are all estab­ i~sue notes for circulation. The legisl;ture of lished and conducted under the admitted powers Mary land had levied a tax upon these circulat­ of the Federal Government. That Government ing notes, which tho b.rnk reflrned to pay, on has a right to call to this point nny or all of its the ground that the statute was void by reason citizens to aid in its Bervice, as members of the of its antagonism to the Federal Constitution. Congress. of the courts, of the executive depart­ No particular provision of the Constitution was ments, and to fill all its other offices; and this pointed to as prohibiting the taxation by the right caunot be made to depend upon the vlea State. Indeed, the authority of Congress to eure of a State, over whose territory they must create the bank, which was strenuously denied, pass to reach the point where these services must and the discussion of which constituted an im· be rendered. The Government also has its offices portant element in the opinion of tbe court. was of secondary importance in all other parts of the not based by that opinion on any express grant country. On the seacoasts and on the rivers it of power, but was claimed to be necessary and has its ports of entry. In the interior it has its proper to enable the Government to carry out its land ofiices, its revenue offices, and its sub-treas­ authority to raise a revenue, and to transfer and uries. In all these it, demands the services of its diHburse the same. It was argued also that the citizens, and is entitled to bring them to those tax on the circulation operated very remotely, if points from all quarters of the nation, and no at all, on the only fonct10ns of the bank iu which power can exist in a State to obstruct this right the Government was interested. But the court, that would not enable it to defeat the purposes by a unanimous judgment, held the law of :Ma­ for which the Government was established. ryland to be unconstitutional. The federal power has a right to declare and It is not rossible to condense the conclusive prosecute wars, and, as a necessll.ry incident, to argument o Chief Justice Marshall in that case, • raise and transport troops through and over the and it is too familiar to justify its reproduction territory of any Stat.e of the Union. here; but an extract or two, in which th.; re­ If this right is dependent in any sense, how­ sults of his reasoning are stated, will serve to ever limited, upon the pleasure of a State, the show its applicability to the case before us. Government itself may be overthrown by an ob­ " That the power of taxing the bank by the struction to its exercise. l\luch the largest part States," he says, "may be exercised so as to of the transportation of troops during the late destroy it is too obvious to be denied. But tax­ rebellion was by railroads, and largely through ation is said to be an absolute power, which ac­ States whose people were hostile to the Union. know ledge8 no other limits than those prescribed If the tax levied by Nevada on railroad passen­ by the Constitution, and, like sovereign power gers had been the law of Tennessee, enlarged to of any description, is trusted to the discretion meet the wishes of her people, the trearnry of of those who nse it. But the very terms of this the United States could not have pa.id the tax argument admit that the sovereignty of the necessary to enable its armies to pass through her State in the article of taxation is subordinate territory. to and may be controlled by the Constitution of But if the Government has these rights on her the United States." Again he says:" We find own account, the citizen also has correlative then on just theory a total failure of the origi­ rights. He has the right to come to the seat of nal right to tax the means employed by the Government to assert any claim he may have Government of the Union for the execution of upon that Government, or to transact any busi­ its powers. The right never existed, and the ness he may have with it; to its protec­ question of its surrender cannot arise. * * tion, to share its offices, to engage in adminis­ "That the power to tax involves the power tering its functions. He has a right to free to destroy: that the power to destroy may access to its sea-ports, through which all the defeat and render useless the power to create; operations of foreign trade and commerce are that there is a plain repugnance in conferring conducted, to the sub-treasuries, the land offices, on one government a power to control the the revenue offices, and the courts of justice in constitutional measures of another, which other, the several States, and this right is in its nature with respect to those very means, is declared independent of the will of any State over whose to be supreme over that which exerts the con­ soil he must pass in the exercise of it. trol are propositions not to be denied. If the The views here advanced are neither novel States may tax one instrument employed by nor unsupported by authority. The question of the Government in the execution of its powers, the t:txing power of the States, as its exercise has they may tax any and every other instrument. affected the functions of the Federal Government, They may tax the mail; they may tax the mint; has been repeatedly considered by this court, and they may tax patent rights; they may tax the the right of the States in this mode to. impede or papers of the custom-house; they may tax ju­ embarrass the constitutional operations of that dicial process; they may tax all the means em­ Government, or the rights which its citizens hold ployed by the Government to an exces8 which under it, has been uniformly denied. would defeat all the ends of Government. This The leading case of this class is that of McCul­ was not intended by the American people. They , loch vs !1Iaryland, (4 Wheaton, 316.) The case did not design to make their Government de­ is one every way important, and is familiar to pendent on the States." the statesman and the constitutional lawyer. It will be observed that it was not the extent The Congress, for the purpose of aiding the fiscal of the tax in that case which was complained operations of the Government, had chartered the of, but the right to levy any tax of that char­ 436 POLITICAL MANUAL. [Part IV. acter. So, in the case before us, it may be said which was itself onlv to be sustained as neces­ that a tax of one dollar for passing through the sary ,i.nd proper to "the exercise of sonrn other State of Nevada, by stage coach or by railro:i.d, power expressly granted. cannot sensibly affect any function of the Gov­ In the Passenger Cases, to which reference ernment. or deprive a citizen of Rny valuable h,i.s alrAady been made, J ustiee Gri,0 r, with right. But if the State can tax a railroad passen­ whom Justice Catron concurred, makes this one gerone dollRr, it c:i.n tax him one thousand dollars. of the four propositions on which they lH,ld tbe If one State can do this, so can every other State. tax void in those casAs Judge Wayne expnesses And thus one or more States, covering the only his a..ssent to Judge Grier's views; and perhaps practicable routes of travel from t.he east to the this ground rec,·ivPd the concurrence of more of west, or from the north to the south, may to­ the members of tlie court who constituted the tally prevent or seriously burden all transpor­ majority than any other. tation of passengers from one part of the country But the principles here laid down may be to the other. . found more clearly stated in the dissenting opin­ A case of another character, in which the t:i.x­ ion of the Chief Justice in those cases, and with ing power, as exercised by a State. was held void, more direct pertinency to the case now before us, because r!Jpugnant to the Federal Constitution, is than anywhere else. that of Brown vs. The State of Maryland, (12 After expressing bis vi-ews folly in favor of Wheaton 412) the validity of the tax, which he said h·ul ex­ The State of :Maryland required all importers clusive reference to foreigners, so far :i.s thMe of foreign me,.chandize who sold the same by cases were concerned, he proceeds to say, for the wholesale, by bale or by package, to take 0111. a purpose of preventing misapprehension, that so license, and this act was claimed to he unconsti far as the tax affeded American citizens it. could tutional. The court held it to be so on three not in lus opinion be maintained. He theu different grounds: first, that it was a duty on adds: '' Living as we do under a common gov­ imports; second, that itwas a regulation of com­ ernment, charged with the great concerns of the merce; and, third, that the importer who had paid wlwle Union, every citizen of the United ftates, the duties imposed by the United States had from the most remote States or Territories. is acquired a right to sell his goods in the same entitled to free access, not only to the prrncipal original packages in which they were imported. departments established at Washington, but also To say nothing of the first and second ground,, to its jndicial tribunals and public offi..es in we have in the third a tax of a State declared to every State in the l nion. * * * For all be void because it interfered with the exercise of the great purposes for which the Federal Gov­ a right derived by the importer from the laws of ernment was formed we :i.re one people, with the Uni I ed States. If the right of passing through one common country. We are all cit-izens of the a State by a citizen of the United States is one United States, and as members of the same com­ guarantied to him by the Constitution, it m11st munity must have the right to pa..ss and repa~s be as sacred from State taxation as the right de­ through every part of it without interruption rived by the i111porter from the payment of dllties as freely as in our own St:i.tes. And a tax im­ to sell the goods on which the duties were paid. posed by a State for entering its territories or In the case of Weston vs The City of Charles harbors is inconsiMent with the rights which ton, (2 Peters, 447,) we have a case of State tax­ belong to citizens of other States as members of ation of still another cla..,s, held to be void as an the Union, and with the objects which that interfereu.ce with the rights of the Federal Gov­ Union was intended to at1ain. Such a power in ernment. Tl1e tax in that instance was imposed the 'States could produce nothing but discord on bonds or stocks of tbe United States, in com­ and mutual irritation, and they very clearly do mon with all othersecurities of thesamechara.cter. not possess it." It was held by the court that the free and suc­ Although t.hese remarks are found in a dissent­ cessful e>peration of the Government require-:! it ing opi0100, they do not relate to the matter on at times to borrow money; tbat to borrow money which the dissent was founded. Tbey accord it was necessary to issue this class of national with the inferences which we have alreadv drawn securities, and that if the States could tax these from the Constitution itself, and from tii"e decis­ securities, they might so tax them as to seriously ions of this court in exposition of that instru­ impair or totally destroy the power of the Gov­ ment. ernment to borrow. This case, itself based on Those principles, as we have already stated the doctrines advanced by the court in McCul­ them in this opinion, must govern the present loch vs The SLate of Maryland, ha..s been followed case. in ·,II the recent casi-s involving State taxation The judgment of the Supreme Comt of the of Government bonds, from that of The People State of Nevada is therefore reversed, and the of New York VB. Tax Commissioners, (2 Black, case remanded to that court, with directions to 620.) to the decisions of the court at tbia dischar~e the plaintiff in error from custody. . term. Mr. Justice Clifford: I agree that the State In all these cases the opponents of the taxes law in question is unconstitutional and void, levied by the States were able to place their but I am not able to concur iu the principal opposition on no express provision of the Con­ reasons assigned in the opinion of the court in stitution, except in that of Brown VB. Maryland. support of tf,at conclusion. But in all the other cases, and in that case also, On the contrary, I hold that the act of the the court distinctly placed the invalidity of the State legislature is inconsistent with the power State taxes on the ground that they interfered conferred upon Congress to regulate .:ommerce with an authority of the Federal Government, among the several States, and 1 think the j udg­ Page 55] JUDICIAL DECISIONS, ETC, 437 ment of the courtshould have been placed exclu­ Afterwards, on the 30th of April, 1866, the sively upon that ground. legislature of New York provided by law for Stror,g doubts are entertained by me whether refunding to the bank mg associations and other Congress possesses the power to levy any such corporations in like condition the taxes of 1863 tax; but whether so or not, I am clear that the and 18G4 collected upon that part of their capi­ State le~islature cannot impose any ~uch burden tals invested in securities of the United Stales upon commerce among the several States. Such exempt by law from taxation. The board of commerce is secured against such legislation in supervisors of the county of New York was the States by the Constitution, irrespective of charged with the dutv of auditing and allowing, any congressional action. . . with the approval of the mayor of the city i,nd The Chief J ust1ce also d1ssen ts, and concurs m the corporation counsel, the amount collected the views I have expressed. from each corporation for taxes on the exempt portion of its capital, together with costs, dam• On State Taxatfon of United States Certificates ages, and interest. Upon such auditing and al­ of Indebtedness, lowance the sums awarded were to be paid to DECEMBER TERM, 1868. the corporations severally entitled by the issue The People of the State of New York, ex rel. to each of New York county seven .per cent. The Bank of New York Nntionnl Banking bonrls of equal amounts. These bonds wBre to AR:-:ociation, plaintiffd in error, No. 246. vs. be Rigned by the comptroller of the city of New Richard B. Connolly. comptroller, and John York, countersigned by the mayor, and sealed T. Hoffman, mayor. &c., ct al. with the seal of the board of supervisors, and The People of the State of New York, ex rel. The National Broadway Bank, plaintiffs In error attested by the clerk of the board. to the Under this act. t.he board ofsupervisors audited in error, court of and allowed to the several institution8 repre­ fii;~;t Hoffman, ~~yor, nnd Richard T. appeals Connolly, comptroller, etc., ot the sented in the three cases under consideration State of their several claims for taxes collected upon the and N. York. The People of the State of New York, ex rel. national securities held by them, including in The National Bank of the Repnblic of the city of New York, plaintiffs in error, this allowance the taxes paid on certificates of No. 25~. vs. indebtedness, which the corporations claimed to John T. Hoffman, mayor, Richard B. Con­ be securities of the United States exempt from nolly, comptroller of the city of New York, et al. taxation. But the comptroller, mayor, and clerk refused :Mr. Chief Justice Chase delivered the opinion to sign, countersign, seal, and attest the requisite of the court in these causes. amonnt of bonds for payment, insi,tiog that cer­ These three cases present, nuder somewhat dif tificat.es of indebtedness were not exempt from ferent forms, the Aame question, namely: Are the taxation. obligations of the United Ste,tes, known as certifi­ A writ of mandamus was thereupon sued

*2 Peters, 467, • 2 Black., 628. t 2 wau., 200. Page 57] JUDICIAL DECISIONS, ETC. 439

power of the States as the operations themselves at first for the emission of United States notes in furtherance of which they were issued. and at a later period for the issue of the nationai It results that the several judgments of the bank currency. court of appeals must be reversed. Under the exigencies of the times it seems to have. been thought inexpedient to attempt any On State Taxation of United States Notes. prov1S.1on for the redemption of the United States No. 247.-DECEMBER TERM, 1868. notes rn c01n. The law, therefore, directed that The Pooplo of the State of New York,) t th they should be made payable to bearer at the ex rel. the Bank of Jliew York, plain· 1 n error o e ti:easury of the United States, but did not pro­ tiffs in error court of ap· ' va. P,eals of Jhe vide for payment on demand. The period of The Board ofSupervisors of the Conn· S_tat~ of New payment was left to be determined by the public ty of New York. Yo1k. exigencies. In the meantime the notes were Mr. Chief Justice Chase delivered the opinion receivable in payment of all loans and were of the court. . until after the close of our civil ~ar, alway$ This case differs from those just disposed of in practically convertible int• bonds of the funded two particulars: ( l) Th at the board of super• debt, bearing not less than five per cent. interest visors, which in the other cases allowed and payable in coin. ' audited the claims of the banking associations, The act of February 25, 1862, provided for refused to allow the claim made in this case; the issue of these notes to the amount of and (2) that the exemption from State taxation $150,000,000. The act of July 11, 1862, added claimed in this case was of United States notes, another $150,000,000 to the circulation, reserv­ while in the other cases it was of certificates of ing, however, $50,000,000 for the redemption indebtedness. of temporary loan, to be issued and u~ed only The mandamus in the State court was there· when necessary for that purpose. Under the fore directed, in the case now before us, to the act of March 3, 1863, another issue of $150,. board of supervisors, instead of the officers au­ 000,000 was authorized, making the whole thorized to issue bonds, as in the cases already amount authoriz&d $450,000,000, and contem­ decided. plating a permanent circulation, until resump­ The judgment of the court of appeals sustained tion of payment in coin, of $400,000,000. the action of the board, and the case is brought . It is unnecessary here to go further into the here by writ of error to that court. history of these notee, or to examine their rela­ The genernl question requiring consideration tion to the national bank currency. Tbat his­ is, whether United States notes come under tory belongs to another place, and the quality another rule in respect of taxation than that of these notes, as legal tenders, belongs to which applies to certificates of indebtedness another discussion. It has been thought proper The issues of United States notes were author· only to advert to the legislation by which these ized by three successive acts. The first was the notes were authorized in order that their true act of February 25, 1862;* the second th~ act character may be clearly rerceived. of July 11, 1862 ;t and the third that of March That these notes were 1Ssued under the au· 3, 1863.t thority of the United States, and as a means to Before either of these acts received the sanc­ ends entirely within the constitutional power of tion of Congress the Secretary of the 'rreasury the Government, was not seriously questioned had been authorized by the act of July 17, 1861,~ upon the argument. to issue treasury notes not bearing interest, but But it was insisted that they were issued as payable on demand by the assistant treasurers money; that their controlling quality was that at New York, Philadelphia, or ; and of money; and that therefore tbey were subject about three weeks later these notes, by the act to taxation in the same manner and to the same of August 5, 1861.11 had been made receivable extent as coin issued under like authority. generally for public dues. The amount of notes And there is certainly much force in the argu­ to be issued of this description was originally ment. It is clear that these notes were intended limited to fift,y millions, but was afterwards, by to circulate as money, and, with the national the act of February 12, 1862,,r increased to sixty bank notes, to constitute the credit currency of millions. the country. These notes, made payable on demand and Nor is it easy to see that taxation of these receivaule for all public dues, including duties notes, used as money and held by individual on imports always payable in coin, were prac· owners, can control or embarrass the power of tically equivalent to coin; and all public dis­ the Government in issuing them for circulation bursements, until after the data of the act last more than like taxation embarrasses its power men tioneJ, were made in coin or these notes. in coining and issuing gold and silver money for In December, 1861, the State banks (and no circulation. others theu existed) suspended payment in coin; Apart from the quality of legal tender im­ and it became necessary to provide by law for pressed upon them by acts of Congress, of which the use of State bank notes, or to authorize the we now say nothing, their circulation as cur­ issue of notes for circulation under the authority rency depends on the extent to which they are of the national Government. The latter alter­ received in payment, on the quantity in circula­ native was preferred, and in the necessity thus tion, and on the credit given to the promises they recognized originated the legislation providing bear. In these respects they resemble the bank notes formerly issued as currency. · *12 U.S. Stat., 315. fl2 U.S. Stat.,532. :p2 U. S.Stat., 709. ~ 12 U. S. Stat., 259, ~ 6. fll2 U.S. Stat., 313, ~ 5. 1[ 12 But, on the other band, it is equally clear thr.t U.S. Stat., 3:JS. • these notes are obligations of the United States. 440 POLITICAL MANUAL, [Part IV.

Their name imports obligation. Every one of Our conclusion is, that United States notes are them expresses upon its face an engagement of exempt, and, at t.he time the New York statutes the nation to pay to the bearer a certain sum. were enacted, were exempt from taxation by or The dollar note is an engagement to pay a dol­ under State anthority. Thfl jurlgment of the lar and the dollar intended is the coined dollar court of appeals must therefore be rev_ersed. of' the United States-a certain quantity in weight and fineness of gold or silver, authenti­ Clause making United States Notes a Legal Ten­ cated as such by the stamp of the Government. der for Debts has no reference to State Taxes. No other dollars had before been recognized b.Y No. 5-DECE~!BER TERM, 1868. the legislation of the national Government as The County of Lnne, pl'ff in error,} In error to the su­ lawful money i·s. rreme court of the Would, then, their usefulness and value as The State of Oregon. State of Oregon. means to the exercise of the functions of govern­ Mr. Chief Justice Chase delivered the opinion ment be injurlously affected by State taxat.i~n ?. of the court. It cannot be said, as we have already rnt1­ The State of' Oregon, in April, 1865, filed a rnated. that the same inconveniences as would complaint against the county of Lane, in the arise from the taxation of bonds and other circuit court of the State for that county, to inttrest-bearing obligations of the Government recover $5,460 96 in gold and silver com, which would attend the taxation of notes issued for cir sum was alleged to have become due as State culation as money. But. we cannot say that no revenue from the county to the State on the 1st embarrassment would arise from such taxation. Monday of February, 1864. And we think it clearlv within the discretion of To this complaint au answer was put in by the Congress to determine whether, in. view of all county, alleging a tender of the amount claimed the circumstances attendrng the issue of the bv the State, made on the 23d day of January, notes, their usefulness as a means of carrying on 1864, to the State treasurer, at his office, in the Government would Le enhanced by exemp­ United States notes, and averring that the law­ tion from taxat.ion; and within the constitu­ ful money so tendered and offered was, in truth tional power of Congress, having resolved the and fact, part of the first moneys collected and quest ion of usefulness aflirmat.ively, to provide paid into the county treasury after tho assess­ by law for ~uch exemption ment of taxes for the year 1862. There remain3, then, only this question: Has To this answer there was a demurrer, which Congress exercised the power of exemption? was sustained l:,y t.he circuit court, and j udgroent A careful examination of the acts under which was given that the plamtiff recover of the de­ they were issued has left no doubt in our minds fendeut the sum claimed in gold and silver coin, upon that point. with costs of suit, and this judgment was affirmed Tl,e act of February, 1862,* declares that "all upon writ of error by the supreme court of the United States bonds and other securities of the State. United States held by individuals, associations, The case is brought here by writ of error to or corporations. within tho United States, shall that court; and two propositions have been be exe_mp~. from taxation by or under State prPssed upon our attention, ably and earneotly, authority. in behalf of the plaintiff in error. We have already said that these notes are obli­ The first is, that the laws of Oregon did not gations. They bind the national faith. They require the collection in coin of the taxes in are, therefore, strictly secnrities. They secure question, and that the treasurer of the county the payment stipulated to the holders by the could not be required to pay to the treasurer of pledge of the national faith, the only ultimate the State any other money than that in which security of all national obligations, whatever the taxes were actu:tlly collected. form they may assume. The second is, that the tender of the amount And this provision is re-enacted in application of taxes made to the treasurer of the ::itate by to tlrn second issue of United States notes by 4he the trearnrer of the county in United States act of July 11, 1863.t . notes, was warranted by thb ads of Congress And, as if to remove every possible doubt from authorizing the issue of these notes, and that the intention of Congress, the act of March 3, the law of the State, if it required collection 1863,t which provides for the last issue of these and payment in coin, was repugnant to these notes, omits in its exemption clause the word acts, and therefore void. '' stocks," and substitutes for "other securities" The first of these propositions will be first the words, "Treasury notes or United States considered. notes i8sued under the provisions of this act." The answer av,rs substantially that the money It was insisted at the bar that a measure of tendered was part of the first moneys collected exemption in respect to the notes issued under in Lane countv after the assessment of 1863, and this, different from that provided in the former the demurrer admits the truth of the answer. acts in respect to the notes authorized by them, The fact therefore may be taken as established, was intended. But, we cannot yield our assent that the laxes for that year in Lane county were to this view. The rule established in the last collected in United States notes. act is in no respect inconsistent with that pre­ But was this in conformity with the laws of viously established. It mu~t be regarded, there­ Oregon? · fore, as explanatory. It makes epecific what was In this court the construction given by the before expressed \n general terms. State courts to the laws of a State relating to local : • 12 U. S. Stat., 346, ~2. t 12 U. S. Stat., 646. +12 Stat., affairs is uniformily received as the true con­ 709. struction, and the question first stated must have Page 59] JUDICIAL DECISIONS, ETC. 441

been pa~sed upon, in reaching a conclusion upon be made. Coin was then and is now the only the demurrer, both Ly the circuit court for the legal tender for debts less than one dollar. county and by the supreme court of the Slate. In the view which we take of this case this Both courts must have held that the statutes of is not important. It is mentioned only to show Oregon, either directly or by clear implication, that tLe general words "all debts" were not required the collection of taxes in gold and silver intended to be taken in a sense absolutely coin. literal. Nor do we perceive anything strained or un­ We proceed then to inquire whether, upon a reasonable in this construction. The laws of sound construction of the acts, taxes imposed by Oregon, as quoted in the brief for the State, pro­ a State govern.ment ~pon the people of a State vided that "the sherilf shall pay over to the are debts w1thm their true meaning. county treasurer the full amount of the State and In examining this question it will be proper school taxes in gold and silver coin;"* and that to give some attention to the constitution of the "the several county treasurers shall pay over to States and to their relations as United States. the State treasurer the Stale tax in gold and The people of the United States constitute one silver coin."t nation, under one ~overnment; and this govern­ It is certainly a legitimate if not a necessary ment, within the scope of thi; powers with which inference that these taxes were required to be it is invested, is supreme. On the other band, collected in coin. Nothing short of express words the people of each State compose a State, having would warrant us in saying that the laws au­ its own government, and endowed with all the thorized collection io one descript.ion of money functions essential to separate and independent from the people and required payment over of existence. The States disunited might continue the same taxe~ into the county and State treas­ to exist. Without the States in union there uries in another. could be no such political body as the United If, in our judgment, however, this point were 8tates. otherwi8e, we should still he bound by the sound­ Both the States and tbe United States existed est principJeg of judicial administration and by a before the Constitution. The people, through long train of derisions in this coun to regard that rnstrument, established a more perfect union, the judgment of the sapreme court of Oreaon, so by substituting a national Government, acting, far a,i it depends on the right construction°of the with ample power, directly upon the citizens, statutes of that State, as free from error. instead of the confederate gov~rnment which The second proposition remains to be examined, acted with powers, greatly restricted, only upon and this inquiry brings us to the consideration the States. But in many articles of the Consti­ of the acts of Congress authorizing tlie issue_ of tution the necessary existence of the States, and, the notes Ill which the tender was made. · within their proper spheres, the independent 'J'he first of these was the act of Ftbruary 25. authority of the States, is distinctly recognized. 1862, which authorized the Secretary of the_ To them nearly the whole charge of interiorreg­ Treasury to issue, on the credit of the United ub-tion is committed or left; to them and to the States, $150,000.000 in United States notes, and people all powers not expressly delegated to the provided that these notes" shall be receivable n!llional Government are reserved. The general in payment of all taxes, internal duties, excises, condition was well stated by Mr. Madison, in the debts, and demands due to the United States, ex­ Federalist, thus: "The federal and State gov­ cept. duties on imports, and of all claims and emments are in fact but different agents and demands against the {j nited States of every kind trustees of the people, coustituted with different whatsoever, except interest on bonds and notes, powers and designated for different purposes." which shall be paid in coin; and shall also be Now, to the existence of the States, themselves lawful money and legal tender in payment of necessary to the existence of the United States, all deLts, public and private, within the United the power of taxation is indispensable. It is an States, except duties on imports and interest as essential function of government. aforesaid." It was exercised by the colonies; and when The second act contains a provision nearly in the colonies became States, both before and after the same words with that just recited, and under the formation of the confederation, it was exer­ these two acts two-t.hirds of the entire issue was cised by the new governments. authorized It is unnecessary, tl,erefore, to refer Under the articles of confederation the Gov­ to the third act, by which the notes to be issued ernment of the United Shtes was limited in the under it are not in terms made receivable and exercise of this power to requisitions upon the payable, but are simply declared to be lawful States, while the whole power of direct and indi­ money and a legal tender. , rect taxation of persons and property, whether In the first act no emission was authorized of by taxes on polls, or duties on imports, or duties any notes under five doll1us, nor in the other on internal production, manufacture, or use, was tw0 of any under one dollar. Tbe notes, au­ acknowledged to belong exclusively to the States, thorized by different statutes, for parts of a do!­ without any other limitation than that of non­ lar, were never declared to be lawful money or interference with certain treaties made by Con­ a legal tender.+ gress. · It is obvious, therefore, that ·a legal tender in The Constitution, it is true, greatly changed United States notes of the precise amount. of th10 condition of things. It gave the power to taxes admitted to be due to the State could not tax, both directly and indirectly, to the national Government, and, subject to the one prohibition of any tax upon exports and to the conditions of •Statutes of 9regon, 438, /l32. tibid., 441, ~6. l12 U. S. Stat., 592; Ibid., 711. uniformity in respect to indirect and of propor­ 442 POLITICAL MANUAL, [PMt IV.

tion in respect to direct taxes, the power was ence that the word debts in the other clause wa8 given without any express reservation. not intended to include taxes. On the other hand, no power to tax exports, It must be observed that the first clause, which or imports except for a single purpose and to an may be called the receivability and payaLility insignificant extent, or to lay any duty en ton· clause, imposes no restriction whatever upon tha nage, was permitted to the States. In respect, States in the collection of taxes. It makes the however, to property, business, and persons notes receivable for national taxes, but does not withm their respective limits, their power of make them receivable for State taxes. On the taxation remained and remains entire. It is contrary, the express reference to receivability indeed a concurrent power, and in the case of a by the national Government, and the omission tax on the same subject by both Governments, of all reference to recei vability by the State gov­ the claim of the United States, as the supreme ernment8, excludes the hypothesis of an intention authority, must be preferred; but with this on the part of Congress to compel the States to qualification 1t is absolute. receive them as revenue. The extent to which it shall be exercised, the And it mu~t also be observed that any con­ subjects upon which it shall be exercised, and struction of the second, or, as it may well enough the mode in which ,t shall be exercised are all be called, legal-tender clause, that includes dues equally within the liscretion of the legislatures for taxes under the words debts, public and pri­ to which the i:itates commit the exercise of the vate, must deprive the first clause of all effect . power. That discretion is restrained only by whatever. For if those words, rightly appre­ the will of the people expressed in the State hended, include State taxes, they certainly in· constitutions or through elections,.and by the elude national taxes also; and if they include condition that it must not be so us!,d as to bur­ national taxes, the clause making them receiv­ den or embarrass the operations of the national able for such ta:.s:es was wholly unnecessary and Government. superfluous. There is nothing in the Constitution which It is also proper to be observed that a techni­ contemplat_es or authorize~ any di~ect _aurid~e­ cal construction of the words in question might men t of tlus power by nat10nal legislation. To defeat the main purpose of the act, which doubt­ the extent just indicated it is as complete in the le8s was to provide a currency in which the re­ States as tho like power, within the limits of the ceipts and payments incident to the exigencies Constitution, is complete in Congress. of the then existing civil war might be made. If, therefore, the condition of any State, in In his work on the Constitution, the late Mr. the judgment of its legislature, requires the Justice Story, whose praise as a jurist is in all collection of taxes in kind, that is to say, by the civilized lands, speaking of the clause in the deli very to the proper officers of a certain pro· Constitution giving to Congress the power to lay portion of products, or in gold and silver bullion, and collect taxes, says of the theory which would or in gold and silver coin, it is not easy to see limit the power to the object of paying the debts, upon what principle the national legrnlature that, thus limited, it would be only a power to can interfere with the exercise, to that end, of provide for the payment of debts then existing.* this power, original in the States, and never as And certainly, if a narrow and limited interpre· yet surrendered. tation would thus restrict the word debts in the If this be so, it is certainly a. reasonable con­ Constitution, the same sort of interpretation clusi.lm that Congress did not intend, by the would in like manner restrict the same word in general terms of the currency acts, to restrain the act. , the exercise of this power in the manner shown Such an interpretation needs only to be men· .by the statutes of Oregon. tioned to be rejected. We refer to it only to Other considerations strengthen this conclu­ show that a right construction must be sought sion. It cannot escape observation that the pro­ through larger and less technical views. vision intended to give currency to the United We may, then, safely decline either to limit States notes in the two acts of 1862 consists the word debts to existing dues, or to extend its of two quite distinguishable clauses. The first meaning so as to embrace all dues of whatever of these clauses makes those notes receivable in origin and description. payment of all dues to the United States, and What then is its true sense? The most obvious, pay able in satisfaction of all demands against and, as it seems to us, the most rational answer the United States, with specified exceptions; the to this question is, that Congress must have had second makes them lawful money, and a legal in contemplation debt~ originating in contract tender in payment of debts, public and private, or demands carried into judgment, and only within the United States, with the same excep· debts of this character. This 1s the commonest tions. and most natural use of the word. Some strain It seems quite probable that the first clause is felt upon the understanding when an attempt only was in the original bill, and that the second is made to extend it so as to include taxes im• was afterwards introduced during its progress posed by legislative authority, and there should· into an act. be no such straih in the interpretation of a law However this may be, the fact that both clauses like this. were made part of the act of February, and were We are the more ready to adopt this view, retained in the act of July, 1862, indicates clearly be~ause the greatest of Engl_ish elementar_y enough the intention of Congress that both shall writers upon law, when treatmg of debts -in be conatrued together. Now, in the first clause, their various descriptions, gives no hint that taxes are plainly distinguished, in enumeration, from debts; and it is not an unreasonable infer- •1 Story on Cons., 639, i921. Page 61] JUDICIAL DECISIONS, ETC. 443 taxes come within either:* while American clause making the United States notes a legal State courts of the highest authority have re­ tender for debts has no reference to taxes impoRed fused to treat liabilities for taxes as debts, in the by Stat~ authority, but relates only to debts, in ordinary sense of that word, for which actions t~e ordmary sense of the word, arising out of of debt may be maintained. ~imple c?ntracts or contracts by specialty, which The first of these cases was that of Pierce vs. mclude Judgments and recognizances.* The City of Boston,t 1842, in which the de­ Whether the word debts, as used in the act fendant attempted to set off against a demand of in~ludes obligatio1;s _expr~ssly made payable, o; the plaintiff certain taxes due to the city. The adjudged to be paid lll com, has been argued in statute allowed mutual debts to be set off, but another case. We express at present no opinion the court disallowed the right to set off taxes. on that question. This case went, indeed, upon the con~truction of The judgment of the supreme court of Oregon the statute of :Massachusetts, and did not turn must be affirmed. on the precise point before us; but the language of the co11rt shows that taxes were not reaarded Expres~ Contracts to Pay Coined Dollars can only as debts within the common understanding of be satisfied by the Payment of Coined Dollars. the word. . The_ second case was that of Shaw vs. Pickett,t No. 89.-DEcEMBER TEuM, 18GS. m which the supreme court of Vermont said: Frederick Bronson, executor of the}In error to the last will and testament of Arthur court of ap- "The assessment of taxes does not create a debt Bronson, deceased, plaintifi' inerror, peals of the thM can be enforced by suit, or upon which a vs. State of New promise to pay interest can be implied. It is a Peter Rodes. York. proceeding in invitum." Mr. Chief Juotice Chase delivered the opinion The next case was that of the Citv of Camden of the court. vs. Allen.I! 1857. That was an action of debt This case comes before us upon a writ of error brought to recover a tax by the municipality to to the supreme court of New York. which it was due. The language of the supreme The facts shown by the record may be briefly court of New Jersey was still more explicit: stated. "A tax, in its essential characteristics," said the In December, 1851, one Christian Metz, hav­ court," is not a debt, nor in lhe nature of a debt. ing borrowed of Frederick Bronson, executor of A tax is an impost levied by authority of gov­ Arthur Bronson, $1,400, executed his bond for ernment upon its citizens or subjects for the the repayment to Bronson of the principal sum support of the State. It is not founded on con­ borrowed on the 18th day of January, 1857, in tract or agreement. It operates in invitum. A gold and silver coin, lawful money of the United debt is a sum of money due by certain aud ex­ t:\tates, with interest also in coin until such re­ press agreement. It originates in and is founded payment, at the yearly rate of seven per cent. upon contracts express or implied." To secure these payments, accordrng to the These decisions were all made before the acts bond, at such place as Bronson might appoint of 1862 were passed, and they may have had or, in default of such appointment, at the Mer'. some influence upon the choice of the words chants' Bank of New York, 1Ietz executed a used. mortgage upon certain real property, which was Be this as it may, we all think that the inter­ afterwards conveyed to Rodes, who assumed lo pretation which they sanction is well warranted. pay the mortgage debt, and did, iu fa,ct, pay the We cannot attribute to the legislature an in­ interest until and including the 1st day of Jan­ tent to include taxes under the term debts without uary, 1861. . somethiog more than appears in the acts to show Subsequently, in January, 18G5, there having that intention. been no demand of payment nor any appoint: The supreme court 0£ California, in 1862, had ment of a place of payment by Bronwn, Rodes the construction of these acts under consideration tendered to him United ,::,tates notes to the in the caRe of Perry vs. Washburn.~ Tbe decis­ amount of $1,507, a sum nominally equal to the ion_s which we have cited were referred to by principal and interest due upon the bond and Chief Justice Field, now holding a seat on this mortgage. bench, and the very question we are now con­ At that time one dollar in coin was equivalent sidering. ·' What did Congress in1end by the act?" in market value to two dollar~ and a quarter in waa answered in these words: "Upon this ques­ United States notes. tion we are clear, that it only intended by the This tender was refused, whereupon Rodes terms debts, public and private, such obligations deposited the United States notes in the Mer­ for the payment of money as are founded upon chants' Bank to the credit of Bronsoo, aod filed contract." his bill in equity praying that the mortgaged In whatever light, therefore, we consider this premises might be relieved from the lien of the question, whether in the light of the conflict be­ mortgage, and that Bronson might be compelled tween the legislation c>f Congress and the taxing to execute and deliver to him ao acknowledg­ power of the States to which the interpretation ment of the full satisfaction anJ discharge of rnsisted on in behalf of the county of Lane would the mortgage debt. give occasion, or in the light of the language The bill was dismissed by the supreme court of the acts themselves, or in the light of the de­ ijitting in Erie county; b11t, on appeal to the cisions to which we have referred, we find our­ supreme court in general term, the decree of dis­ selves brought to the same conclusion, that the missal was reversed, and a decree was entered adjudging that the mortg~e had been satisfied • 2 Black. C1om., 475,476. ts Met., 520. t26 Vt., 486. D2 Dutch., 398, ~20 Califorma, 350. • 1 Parsons on Contracts, 7. 444 POLITICAL MANUAL. [Part IV. by the tender, and directing Bronson to rntisfy of the note cunency, this contract was not to be the same or rtcord; and this decree was affirmed affected l,y them. It wa8 to be paid, at all by tlie court of appeals. evf·nts, in coined lawful l!1oney. 'l'he question which we have to consider, We have just adverted to the fact that the therefore. is this: . legal obligation of payment in coin was perfoct Was Bronson bound by law to accept from without txpress ,tipulation It will be_ useful Rodes United States notes equal in nominal to com1der somewhat further the precise import umouut to the sum due him as full performance in law of the phrase "dollars payable in gold and satisfaction of a contract which stipulated and ~ilver coin, lawful money of the United for the payment of that sum in gold and silver Slates." coin, lawlul money of the United States? 'l'o form a correct judgment on this point, it It is not pr~tended that any real payment and will be necessary to look into the ~latutes regu­ satisfoction of an obligation to pay fiftel·n hun­ bting coinage lt would be instructive, doubt­ dred n11,l seven coined dollars can be made by less, to review the history of coinage in the the tun•iH of paper money worth in the rna•·ket United 81:ttes, and the succession of statutes by only ~1x hundred and seventy c01ned 1i'ts; 11 nd its general princi- Awl tl,is in,1uiry will be assisted by retere,,ce ples ha\·e controlled all sul,sequent legislation. to U,e cireumstances under wbici1 the contract h pro\'ided tl111t the gold of coinage, or standard was made. gold, should consist of eleven parts fine and one Bronson wns an executor, charged as a trnHee part alloy, which alloy was to be of silver and wi11, ,he ndministration of an estatP.. l\Jetz was copper in convenient proport1011s, not exceeding a borr<>wer from t.he estate. lt was the clear one half silver, and that the silver of coinage duty of the former to take security for the full should consist of fourteen hundred and eighty­ repayment of the money loaned to the latter. five pans fine and one lrnndred and se\·enty­ TI,i, currency of the country at the time nine 1,arts of an alloy wholly of copper. consisted mainly of the circulattng notes of The sawe act establisl,ed the dollar as the State l,anks, convertible, undr,r the laws of the money u111t., and required that it sl,ould contain States, in10 coin, on demand. 'l'h1s convertibil­ fourhundredandsixteengrninsofstandardsilver. ity, tlio11gh far from perfect, together with 1he It provided further for ihe coinage of half dol­ acts or' Cungress which reqmred the use of coin Jars, quarln-dollars, dimes, and half dimes, also for all receipts and disbursements of' the nation"] of standard silver, and weighing respectively a G ,vernnient, insured the pre,ence of some coin! half, a quarter, a tenth, and a twentieth of the in th" g•·neral circulation; but the business of the weight of tbe dollar. Provision was also made peo1,le was transacted almost enti1·cly through for a gold coinage, co11,isting of e"gles, half­ the medium of bank notes. The State bank, eagles. and quarter-eagles, containing, respect­ had recently emerged from a condition r,f great ively, two hundred and ninety, one hundred and depreciation and discredit, the effects of which thirty-five, and sixty-seven and a half' grains of were still widely felt, and the recurrence of a like standard go],i, and being of' the value, respect­ cond11 ion was not unreasonably apprehPnded by ively, of ten dollars, five dollars, and two-and-a­ many, This apprehension was, in fact, real1zi,d halt doll"rs by t.!ie gPneral suspension of coin 1•aynwnts, 'fhi,se coins were made a law'ful tender in all wliieh took place in 1857, shortly alter the bond paymen1s, according to their respect.ive weiahts of M·:tz Lecarne due. . of silver or gold; if_of full weight, at theitde­ lt 1s not to Le doub_ted, then, that. it was to clarPd values, ai:i,d 1f of less, at proportional guard a~amst the poss1b1hty ot loss to the estate, values. And this reg11la11on as to tender re­ through an attempt to force tl,e acee1,tance of a m"ined in full force until 1837. fluctuating and perhaps irredemal,le currPncy in The rule prescribing the composition of alloy pay 111ent, that the _express _sti],ulation !'or pay­ has nPver been changed; but the proportion of ment in gold and silver corn was ~,ut mt.o the alloy to fine gold and silver, and the absolute bond Tl,er.e was no nP_cesrny in law for such a weight of corns, have undergone some alteration, st1i,ulat10~, for at that time no monPy, except or p"rtly w1t.h a v\ew to _the be_tter adjustment of g,,id or silvPr, bad been made a legal tender. the gold and silver circnlat10ns to each other '1'!1<· l,011d, without any stipulation to that effect, an" partly for the conveni.,nce of commerce. ' would Lave .been legally payable 011ly in coin. '!'he onl.}: change oi 8ufficient importance to Tlie terms 01. the contract must have been Be· r;qu1re no,twe, was that made by the act of J837.11 lecll'd, the1·etore, t_o fix defimtely tlie contract 'I hat act mrected that standard gold, and stand­ be1wePn the parties, and to gu~rd ~ga1nst any ard silver also, should thenceforth consi,t of nine possible claim thiit p»yment rn the ordrnary parts pure and one p11rt alloy; tlrnt the wPight cu;.~enc_y ought to be accepted. of standard gold in the eagle should be two hun­ 1 he rntent of thee parties is, therefore, clear. Whatever might be the forms or the fluctuations •1 U. s. Stat., 246, t5 U.S. Stat., 136. to U.S. Stat., 397. 15 U.S. Stat., 137, Page 63] JUDICIAL DECISIONS, ETC, 445 dred and fifty eight grains, and in the half-eagfo I piece of gold or silver, certified to be of a certain and quarter-eagle, res_pectively 1 one-half and 1· "".eight ~nd purity_ by the form and impress one-quarter of that weight precisely; and that given to it at the mmt of 1he United St.ates and the weight of st.andarrl silver should be in _tbs therefore declared to be legnl tender in rayir.'ents. dollar four hundred twelve and a h3Jf gra1nR, Any number of such dollarR iR. the number of ancl in the half dollar, quarter-dollar, dimes, and grains of Rtandard g<>ld or silver in one dollar half-dime\ exactly one-half one-quarter, one- roultiplied by the given number. tenth, and one-twentieth ?f that we.ight. Payment of money is delivery by the debtor 'file act of 184\J* authorized the coinage of gold to the creditor of the amount due. A contract double-eagle., and gold dollars conformably in to pay a_ certain numbe~ 0f dollars in gold or all respec1s to the established standards, and, silver corns JS, therefore, rn lPgal import, nothing therefore. of tue weights respectively of five bun­ else than an agreement to dPliver a c•·rtain dred an,l sixteen grains and twenty-five and weight of standard gold, to be ascertained by a eight-tenths of a !.'rain. count of coins. each of which iR certified to 'l'he methods and machinery of coinage had con tam a definite proporl ion ot' that weight. be(·n SD­ The design of all this minuteness and strict­ ~equent reduction of coined money to the legal ness in the regulation of coinage is easily seen. condition of bullion, and also from the ar.tual It indicates the intention of the legrnlature tu condition of partial demonetiza1ion to which give a sure f!Uaranty to the people that the coins g0ld and silver money was nduced b_v the intro­ ma,le current in payments contain the rrecise duction into circulation of the United S:ates weight of gold or silver of the precise degree of notes and national bank c11rrency; but we think purrty declared by the statute. It recognizM it unnecessary to pursue tl,is branch of the dis­ the fact, accepted by all men throughout the cussion further. world, that value i• inherent in the precious !\or do we think it necessary now to examine metals; that gold and silver are in themselves the question whether the clauses of the currency values, and hE>ing such, and being in other re­ acts making the United S1ateR notes a legal ten­ spects best adapted to the purpo~e, are the only der are warrante~ by _the_('onstitution. But we proper measures of value; that tnese valueR are will proceed to mqu1re whet her, upon the as­ determined by weight and purity; and that form sumption that those clauses a_re so warranted, and impress are simply certifi,'.at.e• of value, and upon the further assurnpt10n that engage­ worthy of absolnte reliance only he,·ause of the mPnts'to pay coined dollars may be regarded as known integrity and good faith of the Govern­ ordinary contracts to pay money rather than as ment which gives them. contmct8 to deliver certain weights of standard The propositions just stated are believed to he gold, it ran be maintained t)1at a contract to incontestilile. lftheyareso in fact, the inquiry pay coined money may he satisfied by a tender concerning the legal imrort of the phrase" do!­ of Uni1e,I States notes lars payable rn gold and r.;h·,,r coin, lawful Is this a performance of the contract within money of the United States," mav he, answered tlw true intent of the acts? with.,ut mnch diffir.ulty. Every rn,·h dollar i,: a It must be observe

------,-.-­ coinage of gold and sih<·r J,,,v~ never been re­ •9 U.S.Stat,793. tl9U.S.Stat..,3~-0 .1.,U.S.Sitnt.. lpeo.JpcJarmodi.lied. Tb, .. ,,,,,inonthep1atute. 137. 446 POLITICAL MANUAL, [l'art l V. book in full force; :1nd the emission of g()ld and public debt, in the absence of other express pro. silver coins from the mint continues, the actual visions, must also be paid in coin. And it hardly coinage during the last fiscal year having ex­ requires argument to prove that these positive ceeded, according to the report of the director requirements cannot be fulfilled if contracts be­ of the mint, $19,000,000. tween individuals to pay coin dollars can be Nor have those provisions of law which make satisfied by offers to pay their nominal equiva­ these coins a legal tender in all payments been lent in note dollars. The merchant who is to repealed or modified. · pay dnties in coin must contract for the coin -it follows that there were two descriptions of which he requires; the bank which receives the money in use at the time the tender under con­ coin on deposit contracts to rcp:1y coin on de­ sideration was made, both authorized by law, mand; the messenger who is sent to the bank and both made legal tender in payments. The or the custom-house contracts to pay or deliver statute denomination of both descriptions was the coin according to his instrnctions. These are dollars; but they were essentially unlike in na­ all contracts, either express or implied, to pay ture. The coined dollar was, as we have ~aid, a coin. Is it not plain that duties cannot be paiil piece of gold or silver of a prescribed degree of in coin if these contracts cannot be enforced? rrurity, weighing a prescribed number of grains. An instructive illustration may be derived The note dollar was a promise to pay a coined from :1nother provision of the ~ame acts. It is dollar; bnt it was not a promise to pay on de­ expressly provided that all dues to the Go\'ern­ mand nor at any fixed time, nor was it, in fact, ment, except for duties on imports, may bo paid convertible into a coined dollar. It was impos­ in United States notes. If, then, the Govern· sible, in the nature of things, that these two dol­ ment, needing more coin than can be collected lars ~hould be the actual equivalents of each from duties, contracts with some bank or indi­ other, nor wa~ there anything in the currency vidual for the needed amount, to be paid at it acts purporting to make them such. How far certain day, can this contract for coin Le per­ they were, at that time, from being actual formed by the tender of an equal amount in equivalents has been already stated. note dollars? Assuredly it may, if the note If, then, no express provision to the contrary dollars are a legal tender to the Government for be found in the acts of Congress, it is a just, if all dues except duties on imports. And yet a not a necessary inference, from the fact that construction which will support such a tender both descriptions of money were issued by the will defeat a very important intent of the act. same Government, that contracts to pay in either Another illustration, not less instructive, may were equally ~auctioned by law. It iii, indeed, be found in the contracts of the Government difficult to see how any question can be made with the depositors of bullion at the mint to pay on this point. Doubt concerning it can only them the ascertained value of their deposits in spring from that confuRion of ideas which always coin. These are demands against the Govern­ attends the introduction of varying and uncer­ ment other th:1n for interest on the public debt; tain measures of value into circulation as money. and the letter of the acts certainly makes United The several statutes relating to money and States notes payable for all demands against the legal tender must be construed together. Let it Government except such interest. But can any be supposed then that the statutes providing for such construction of the act be maintained? Can the cornage of gold and silver dollars are found judicial sanction be given to the proposition that among the statutes of the same Congress which the Government may discharge its obligation to enacted the laws for the fabrication and issue of the depositors of bullion by tendering them a note dollars, and that the coinage and note number of note dollars equal to the number of acts, respectively, make coined dollars and note gold or silver dollars which it has contracted by dollars legal tender in all payments, as they law to pay? actually do. Coined dollars are now worth But we need not pursue the subject further. more than note dollars; but it is not impossible It seems to us clear beyond controversy, that the that note dollars actually convertible into coin at act must receive the reasonable construction, not the chief commercial centres, receivable every­ only warranted, but required by the comparison where for all public dues, and made, moreover, of its provisions with the provisions of other a legal tender everywhere for all debts, way be­ acts, and with each other; and that upon such come, at some points, worth more than coined reasonable construction it must be held to sus­ dollars. What reason can be assigned now for tain the proposition that express contracts to saying that a contract to pay coined dollars must pay coined dollars can only be sn.tisfied by the be satisfie,d by the ten'der of an equal number of payment of coined dollars. They are not" debts" note dollars, which will not be equally valid which may be satisfied by the tender of United then for sayivg that. a contract to pay note dol­ States notes. lars must be satisfied by the tender of an equal It follows that the tender under consideration number of coined dollars? was not sufficient in law, and that the decree It is not easy to see how difficulties of this directing satisfaction of the mortgage was erro­ sort can be avoided except by the admi,ssion that neous. · the tender mnst be according to the terms of the Some difficulty bas been felt in regard to the contract. judgments proper to be entered upon contracts Bnt we are not left to gather the intent of for the payment of coin. The difficulty arises these currency acts from mere comparison with from the supposition that damages cnn be assess­ the c_oina~e acts. The currency acts themselves ed only in one description of money. But the provide for payments in coin. Duties on im­ act of 1792 provides that" the money of account ports wnst be paid in coin, and interest on the of the United States shall be expressed in do!­ Pago 65] JUDICIAL DECISIONS, ETC. 447 lars, dimes, cents. and mills, and that all accounts I go a step further than tb is, and aoree that the in the public c,flices, and all proceedings in the legal e[ect of the contract, as the la~ stood when courts of the United States,shall be kept and had it was made, was t_hat it s.hould be paid in coin, in conformity to these regulations." and_ could be paid m nothmg else. This was the This regulation is part of the first coinage act, conJOlllt e[ect of the contract of the parties and and doubtless has reference to the coins provided the law under which that contract was made. for by it. But it is a general regnlation, and re­ But I do not agre.e tha~ in this respect the lates to all accounts and all judicial proceedings. contract under cunsiderat1on differed either in When, therefore, two descriptions of money are intention of the parties, or in its legal ~ffect, from sanctioned by law, both expressed in dollars and a contract to pay $1.400 without any further de­ both made current in payments, it is necessary, senpt1on of the dollars to be paid. in order to avoid ambiguity and prevent a fail­ The only dollars which, by the laws then in ure of justice, to regard this regulation as appli­ force, or which ever had been in force since the cable alike lo both. When, therefore, contracts adoption of the federal Constitution, could have made payable in coin are sued upon, judgments been law~ully tendered in payment of any may be entered for coined dollars and parts of contract simply for dollars, were gold and sil dollars: and when contracts have been made ver. payable in dollars generally, without specifying These were the "lawful money of the United in what d~scriplion of currency payment 1s to States" mentioned in the contract and the spe· be made. Judgments may be entered ge,nerally, cial reference to them gave no 'effect to that without such speeification. contract beyond what the law gave. The co11tract then did not differ in its lecral We have already adopted this rule as to judg­ 0 ments for duties by affirming a judgment of the obligation. from any other contract payable in circuit court for the district of California,* in dollars. Muc~ weight is attached in the opinion favor of the United States, for $1,388 10, pay­ to the ~pec1al rntent of the parties in usino the able m gold and silver coin, and judgments for words gold and ~ilver coin, bot as I h:we sl~own express contracts between individuals for the that the intent thus manifested is only what the payment of coin may be entered in like manner. law would have implied if those words had not It results that the decree of the court of appeals b.een .used, I cannot see their importance in dis­ of Nrw York must be reversed, and the cause trngmshrng tlus contract from others which omit remanded to that court for further proceedini;s. these words Certainly every man who at that Mr. Justice Davis, concurring in the result, day receive~ a note payable rn dollars, expected said: and h~d a right to expect to be paid "in gold I assent to the result which a majority of the and silver com, lawful money of the United court have arrived at., that an express contract States," if he chose to demand it. There was to pay coin of the United States, made before therefore no difference in the intention of the the act of February 25, 1862, commonly calh,d parties to such a contract, and an ordinary con­ the legal-tender act, is not within the clause of tract for the payment of money, so far as the that act which makes treasury notes a legal right of the payee to exact coin is concerned. tender in payment of debts; but I think it proper If I am asked why these words were used in to guard against all possibility of misapprehen­ this case I answer, that they were used out of sion, by stat.ing that if there be any reasoning in abundant caution by some one not familiar with the opinion of the majority which can be appli­ the want of power in the States to make lrcral­ cable to any other class of contracts, it does not tender laws. lt is very well known that u;1er receive my assent.. the system of State banks, which furnished al­ 11 r. Justice Swayne said : most exclnsively the currency in use for a grPat I concur in the conclusion announced by the many yea,n; prior to the issue of legal-tender Chief Justice. notes by the United States, there was a differ­ My opinion proceeds entirely upon the lan­ ence between the value of that currencv and guage of the contract and the construction of the gold, even while the bank notes were pro"mptly statutes redeemed in gold. And it was doubtless to ex­ The question of the constitutional power of clude any possible assertion of the right to pay Congress, in my judgment, does not arise in the this contract in such bank notes that the words case. gold and silver coin were used, and not with Dissenting Opinion. any reference to a. possible change iu the laws of legal tender established by the United ::itatea, Mr. Justice Miller, dissenting: which bad never, during the sixty years tlrnt the I do not agree to the judgment ot the court in Government had been administered undoer the this ca.se, and shall, without apology, make a present Constitution, declared anything el~o to very brief statement of my reasons for believing be a. lega.J tender or lawful money but gold and thal' the judgment of the court of appeals of New silver coin. York should be affirmed. The opimon just read But if I correctly apprehend the scope of the correctly states that the contract in this case, opinion delivered by the chief justice, the effort made before the passage of the act or acts com­ to prove for this contract a special intPnt c,f pay­ monly called the legal-tender acts. was an agree­ ment in gold is only for the purpose of bringing ment to pay $1.400 "in gold and silver coin. it within the principle there asserted, both by lawful money of the United States." And I express words and by strong implicatwn. tl1at agree that it was the intention of both parties all contracts must be paid according to the in­ to this contract that it should Le paid in coin. tention of the parties making them. I think I "'Cheang-Kee vs. U.S., 3 Wall., 320. am not mistaken in my recollection that it. is E 448 POLITICAL MANUAL. [Part IV.

broadly stated that it is the business of courts of ity of an act of the legislature, which, besides justice to enforce contracts as they are intended giving that authority, provided that no bond by the parties, anu that the tender must be ac­ should be available in the hands of any holder cording to the intent of the contract. until after endorsement by the governor of the Now, if tho argument used to show the intent State. of the parties to the contract is of any value in After the breaking out of the rebellion, the this connection, it is plain that such intent must insurgent legislature of Texas, un the 11th of enter into, and form a controlling element in, January, 18li2, repealed the act requiring the the judgment of the court in construing the endorsem_ent of the governor,* and on the same legal tender acts. day provided for the organization of a military I shall not here consume time by any attempt board, composed of the governor, comptroller, to show that the contract in this case is a debt, and treasurer, and authorized a majority of that or that when Congress said that the notes board to provide for the defence of the State by it was about to issue should be received as a means of any bonds in the treasury, upon any legal tender in p:i.;i,ment for all private debts, it account, to the extent of $1,000,000. t intended that wluch these words appropriately The defence contemplated by the act was to convey. To asRume that Congress did not in­ be made against the United States by war. tend by that act to authorize a payment by a Un~er this authority the military board en­ medium differing from that which the parties in­ tered rnto an agreement with George W. White tended by the contract is in contradiction to the and John Chiles, two of the defendants, for the express language of the statute, to the sense in sale to them of one hundred and thirty-five of which it was acted on by the people who paid these bonds, then in the treasury of the State, and and received those notes in discharge of con­ seve:1ty-six more! then deposited with Droege & tracts for incalculable millions of rlollars, where Co., rn England, rn payment for which they en­ gold dollars alone had been in contemplation of gaged to deliver to the board a large quantity of the parties, and to the decisions of the highest cotton cards and medicines. This agreement was courts of fifteen States in the Union, being all made on the 12th of January, 1865. that have passed upon the subject. On the 12th of March, 1865, White aud Chiles A~ I have no doubt that it was intendeu by receive? from the military board ono hundred those acts to make the notes of the United States and thuty-five of these bonds, none of which to which they applied a legal tender for all were endorsed by any governor of Texas. private debts then due, or which might become Afterward, in the course of the years 186/3 and due on contracts then ii;i existence, without re­ 186G, some of the rnme bonds came into the pos­ gard to the intent or the parties on that point, session of others of the defendants by purchase, I must dissent from the judgment of the court, or as se~unty ror adv:inces of money. and from the opinion on which it is founded. Such is a bnef outlme of the case. It will be necessary hereafter to refer more in detail to some particular circumstances of it. The Status of the State of Texas. The first inquiries to which our attention was No. 6 (ORIGrnAL.)-DECEMBER TERM, 1868. directed by counsel arose upon the allecrations of the :1m:,ver of Chiles, (1,) that no suflicient au­ The State of Texas, complainant, vs. l thority is shown for the prosecution of the suit in George W. White, John Chiles, John A. Har- B"ll . 1 the name and on the behalf of the State of Texas· denherg, Samuel Wolf, George W. Stew- . m art, The Branch of the Commercial Bank equi1 y. a_nd, (2.) that th_e ~tate having severed her rela~ of Kentucky, Wcstern F. Birch, Byron Mur­ t10ns wit~ a ma3onty of the States of the Union, ray, jr., and - Shaw. and havrng by her ordinance of secession at­ Mr. Chief Justice Chase delivered the opinion te_mp~ed to throw off her allegiance to the Con­ of the court. stitut1on and Government of the United States, This is an original suit in this court, in which has so far changed her status as to be disabled the St.ate of Texag, clainung certain bonds of the from pro,ecut.ing suits in the national courts. United S_tatesas her propeny, asks an injunction The_ first of these allegations is disproved by to restram the defendants from receivincr pay­ t~~ evidence.. A letter of authority, the authen­ ment from the national Government, and to com­ ticity of which is not disputed, has been pro­ pel the surrender of the bonds to the State. duced, in which J. W. Throckmorton, elected It appear~ from the hill, answers, and proofs, governor un~er the constitution adopted in 1866, thi:t the Umted States, by act of September 9, and proccedmg under an act of the State legis­ 1800, offered to the State of Texas, in compensa­ lature relatmg to these bonds, expressly ratifies tion for her claims connected with the settlement and confirms the action of the solici t~rs who filed of her boundary, $10,000,000 in five-per-cent. the bill, and empowers them to prosecute this bonds, each for the sum of $1,000, and that this suit; and it is further proved by tho affidavf!; of -<.ffer was accepted by Texas. Mr. Paschal, counsel for the complainant, that One-half ofthese bonds were retained forcer­ be ~as duly_appointed by Andrew J. llamilton, ta.in purposes in the national treasury, and the wlule provisional governor of Texas, to represent ether half were dehvered to the State. the State of Texas in reference to the bonds in The bonds thus delivered were dated January controversy, and that bis appointment has been l, 1851, and were all made payable to the State renewed by E. M. Pease, the actual governor. of Texas, or bearer, and redeemable after the If Texas was a State of the Union at the time of 31st day of December; 1864. these acts, and these persons, or either of them, They were received, in behalf of the State, by were competent to represent the State, this proof the comptroller of public accounts, under author- • Acts of Texas, 1862, p. 45. t Texas Laws, p. 55. Page 67] JUDICIAL DECISIONS, ETC. 449

leaves no doubt upon the question of author­ States under a common constitution which forms ity. the distinct and greater political unit which that The other allegation presents a question of Constitution designates as the United States, and jurisdiction. It is not to be questioned that tl:rli makes of the people and States which compose it court bas original jurisdiction of suits by States one people and one country. against citizens of other StateA, or that the States The use of the word in this sense hardly re­ entitled to invoke this jurisdiction must be States qmres further remark. In the clauses which of the Union. But it is equally clear that no impose prohibitions upon the States in respect to such jurisdiction has been conferred upon this the making of treaties, emittin"' of bills of credit court of suits by any other political communities laying duties of tonnage, and which guaranty than such States to the States representation in the House of Rep­ If, therefore, it is true that the State of Texas resentatives and in the Senate, are founri ~ome ' was not at the time of filing this bill, or is not instances of this use in the Constitution. Others now, one of the United States, we have no juris­ will occur to every mind. · diction of this suit, and it is our duty to dismiss it. But it is also used in its geographical sense, as We are very sensible of the magnitude and in the clauses which reqnire that a representa­ importance of this question, of the interest it ex­ tive in Congress shall be an inhabitant of the cites, and of the difficulty, not to say impossi­ State in which he shall be chosen, and that the bility, of so disposing of it as to satisfy the trial of crimes shall be held within the State conflicting j udgrnents of men equally enlight­ where committed. ened, equally upright, and equally patriotic. And there are instances in which the principal But we meet it in the case, and we must de­ sense of the word seems to be that primary one termine it in the exercise of our best judgment, to which we have adverted, of a people or politi­ under the guidance of the Constitution afone. cal community, as distinguished from a govern­ Some not unimportant aid, however, in ascer­ ment. ' taining the true sense of the Constitmion, may In this latter sense the word seems to be used be derived from considering what is the correct in the clause which provides that the United idea of a State, apart from any union or confed­ States shall guarauty to every State in the eration with other States. The poverty of lan­ Union a republican form of government, and guage often compels the employment of terms in shall protect each of them against iuvasion. quite different significations; and of this hardly In this clause a plain distinction is made be­ any example more signal is to be found than in tween a State and the government of a Stat.a. the use of the word we are now considering. It Having thus ascertained the senses in which would serve no useful purpose to attempt an the word-State is employed in the Constitution, enumeration of all the various senses in whi0h we will proceed to consider the proper applica­ it is used. A few only need be noticeri. tion of w bat has been said. It describes sometimes a people or community The republic of Texas was admitted into the of individuals united more or less closely in polit­ Union as a State on the 27th of December, 1845. ical relations, inhabiting temporarily or perma· By this act the new State, and the people of the nently the same country; often it denotes only new State, were invested with all the rights, and the country or territorial region inhabited by became subject to ail the responsibilities and du­ such a community; not unfrequently it is ap· tirn, of the original States under the Constitution. plied to the government under which the people From the date of admission until 1861, the live; at other times it represents the combined State was represented in the Congress of the idea of people, territory, and government. United States by her Senators and Representa­ It is not difficult to see that in all these senses tives, and her relations as a member of the the primary conception is that of a people or Union remained unimpaired. In that year, act­ community. The people, in whatever territory ing upon the theory that the rights of a State dwelling, either temporarily or permanently, and nuder the Constitution might be renounced, and whether organized under a regular government, her obligations thrown off at pleasure, Texas or united by looser and less definite relations, undertook to sever the bond thus formed, and to constitute the State. break up-her constitutional relations with the This is undoubtedly the fundamental idea upon United States. which the republican institutions of our own On the 1st of February* a convention, called country are established. It was stated very without authority, but subsequently sanctioned clearly by an eminent judge* in one of the ear· by the legislature regularly elected, adopted an liest cases adjudicated by this court, and we are ordinance to dissolve the union between the not aware of anything in any subsequent decis­ State of Texas and the other States under the ion of a different tenor. ConEtitntion of the United States, whereby In the Constitution the term State most fre­ Texas was declared to be " a separate and sove­ quently expresses the combined idea just noticed, reign ,'State," and "her people and citizens" to of people, territory, and government. A State, be " absolved from all allegiance to the United in the ordinary sense of the Constitution, is a States or the Government thereof." political sommunity of free citizens, occupying a It was ordered by a vote of the conventiont territory of defined boundaries, and organized and by an act of the legislature.t that this ordi­ under a government sanctioned and limited by nance should be submitted to the people, for ap­ a written constitution, and established by the proval or disapproval, on the 23d of February, consent of the governed. It is the union of such 1861. *Mr. Justice Paterson, in Penhallow vs. Doane's * Paschal's Digest Laws of Texns, 78. t Puschal's Admrs. 3 Dall., 93. Digest, 80. t Laws of Texas, 1859-61, p. 11. 29 450 POLITICAL MANUAL, [Part IV.

Without awaiting, however, the decision thus The representatives of the State in the Con­ invoked, the convention, on the 4th of Febru­ gress of the United States were withdrawn, and, ary, adopted a resolution, designating seven del­ as soon as the seceded States became organized egates to represent the State in the convention dbder a constitution, Texas sent senators and of seceding i::itateR at Montgomery, "in order," representatives to the confederate congress. . as the resolution declared, " that the wishes and In all respects, so far as the object could be interests of the people of Texas may be con­ accomplished by ordinances of the convention, sulted m reference to the constitution and pro­ by acts of the legislature, and by votes of the visional government that may be established by citizens, the relations of Texas to the Union were said convention." broken up, and new relations to a new govern­ Before the passage of this resolution the con­ ment were established for them. vention had appointed a committee of public The position thus assumed could only be main­ eafety, and adopted an ordinance giving au­ tained by arms, and Texas accordingly took part thority to that committee to take measures for with the other Confederate States in the war of obtaining possession of the property of the the rebellion which these events made inevitable. United Slates in Texas, and for removing the During the whole of that war there was no gov­ national troops from her limits. The members ernor, or judge, or any other State officer in Texas of the committee, and all officers and agents ap­ who recognized the national authority. Nor was pointed or employed by it., were sworn t? s~crecy any officer of the United States permitted to ex­ and to allegiance to the State.* Comm1ss1oners ercise any authority whatever under the national were at once appointed, with instructions to re­ Government within the limits of the State, except pair to the headquarters of General Twiggs, under the immediate protection of the national then rerresenting the United States in command military forces. of the department, and to make the demands Did Texas in consequence of these acts cease necessary for the accomplishment of the pur­ to be a State? Or, if not, did the State cease to poses of the committee. A military force was be a member of the Union? organized in support of these demands, and an It is needless to discuss at length the question arrangement was effected with the commanding whether the right of a State to withdraw from general by which the United States troops were the Union for any cause regarded by herself as engaged to leave the State, and the forts and all sufficient is consistent with the Constitution of the public property, not necessary to the removal the United States. of the troops, were surrendered to the commis­ The Union of the States never was a purely sioners.t artificial and arbitrary relation. It began among These transactions took place between the 2d the colonies, and grew out of common origin, and the 18th of February, and it was under these mutual sympathies, kindred principles, similar circumstances that the vote upon the ratification interests, and geographical relations. It was or rejection of the ordinance of secession was confirmed and strengthened by the necessities of taken on the 23d of February. It was ratified war, and received definite form, and character, by a majority of the voters of the State. and sanction, from the Articles of Confederation. The convent10n, which had adjourned before By these the Union was solemnly declared to the vote was taken, reassemoled on the 2d of "be perpetual." And, when these articles were March, and instructed the delegates already sent found to be inadequate to the exigencies of the to the congress of the seceding States to apply country, the Constitution was ordained" to form for admission into the confederation, and to give a more perfect Union." It is difficult to convey the adhesion of Texas to its provisional constitu­ the idea of indissoluble unity more clearly than tion. by these words. What can be indissoluble, if a It proceeded, also, to make the changes in the perpetual Union made more rerfect is not? Stale constitution which this adhesion made But the perpetuity and indissolubility of the necessary. The words "United States" were Union by no means implies the loss of distinct stricken out wherever they occurred, and the and individual existence, or of the right of self­ words "Confederate States" substituted; and govArnment, by the States. Under the Articles the members of the legislature, and all officers of Confederation each State retained ita sov­ of the State, were required by the new constitu­ ereignty, freedom, and independence, and every tion to take an oath of fidelity to the constitution power, jurisdiction, and right, not expressly and laws of the new confederacy. delPgated to the United States. Under the Con· Before, indeed, these changes in the constitu­ stitution, though the powers of the States were tion had been completed, the officers of the State much restricted, still all powers not delegated to bad been required to appear before the commit­ the United States, nor prohibited to the States, tee and take an oath of allegiance to the Confed­ are reserved to the States respectively, or to the erate States. people. And we have already had occasion to The governor and secretary of etate, refusing remark at this term, that'· the people of each to comply, were summarily ejected from office. State compose a State, having its own govern­ The members of the legislature, which had also ment, and endowed with all the functions essen­ adjourned and rea&sembled on the 18th of March, tial to separate and independent existence;" were more compliant. They took the oath, and and that "without the States in union there proceeded, on the 8th of April, to provide by could be no such political body as the United law for the choice of electors of president and States."* Not onlv, therefore, can there be no vice president of the Confederate States. loss of separate and independent autonomy to *Paschal's Digest, 80. t Texan Reports of the Com­ mittee, (Lib. of Con.,) p. 45. · •County of Lane vs. The State of Oregon. Page 69] JUDICIAL DECISIONS, ETC, 451 the States, through their union under the Con­ An'.1 the same must _necessarily be true of the stitution, but it may be not unreasonably said obligations and relations of States and citizens that the preservation of the States and the to the Union. No one has been bold enough to maintenance of their governments are as much contend that, while Texas was controlled by a within the design and care of the Constitutton Government hostile to the United States, and as the preservation of the Union and the main­ in affiliation with a hostile confederation, waging tenance of the national Government. The Con­ war upon the United States, senators chosen by stitution, in all its provisions, looks to an inde­ her legislature, or representaj;ives elected by her structible Union, composed of indestructible citizens, were entitled to seats in Congress; or States. that any suit ingtituted in her name could be When, therefore, Texas became one of the entertained in this court. All admit that United States, she entered into an indissoluble during this condition of civil war, the rights of relation. All the obligations of perpetual union, the State as a member and of her people as and all the guaranties of republican government citizens of the Union, were suspended. The in tlrn Union, attached at once to the State. The Government and the citizens of the State refus­ act which consummated her admission into the ing to recognize their constitutional obligations Union was something more than a compact-it assumed the character of enemies and incurred was the incorporation of a new member into the the consequences of rebellion. political body, and it was final. The union be­ These new relations imposed new duties upon tween Texas and the other States was as com­ the United States. The IHst was that of sup­ plete, as perpetual, and as indissoluble as the pressing the rebellion. The next was that of union between the original States. There was re-establishing the broken relations of the State no place for reconsideration or revocation, except with the Union. The first of these duties hav­ through revolution or through consent of the ing been performed, the next necessarily engaged States. the attention of the nalional Government. Considered, therefore, as transactions under The authority for the performance of the first the Constitution, the ordinance of secession had been found in the power to suppress insur­ adopted by the convention and ratified by a ma­ rection and carry on war; for the performance jority of the citizens of Texas, and all the acts of the second, authority was derived from the of her legislature intended to give effect to that obligation of the United States to guaranty to ordinance, were absolutely null. They were every State in the Union a republican form of utterly without operation in law. The obliga­ government. The latter, indeed, in the case of tions of the State as a member of the Union, and a rebellion, which involves the government of a. of every citizen of the State as a citizen of the State, and, for the time, excludes the. national United States, remained perfect and unimpaired. authority from its limits, seems to be a necessary It certainly follows that the Stl:lte did not cAase complement to the former. to be a State nor her citizens to be citizens of the Of this the case of Texas furnishes a. striking Union. If this were otherwise, the State must illustration. When the war closed there was no have become foreign and her citizens foreigners; government in the State except that which had the war must have ceased to be a war for the been organized for the purpose of waging war suppression of rebellion, and must have become against the United States. That government a war for conquest and subjugation. immediately disappeared. The chief function­ Our conclus1on, therefore, is, that Texas con­ aries left the State. Many of the subordinate tinued to be a State, and a State of the Union, officials followed their example. Legal responsi­ notwithstanding the transactions to which we bilities were annulled or greatly impaired. It have referred. And this conclusion, iu our was inevitable that great confusion should pre­ judgment, is not in conflict with any act or vail. If order was maintained, it was where declaration of any department of the national the good sense and virtue of the citizens gave Government, but entirely in accordance with support to local acting magistrates, or supplied the whole series of such acts and declarations more directly the needful restraints. since the first outbreak of the rebellion. A great social change increased the difficulty But in order to the exercise by a State of the of the situation. Slaves in the insurgent States, right to sue in this court, there needs to be a with certain local exceptions, had been declared State government competent to represent the free by the proclamation of emancipation, and State in its relations with the national Govern­ whatever questions might be made as to the effect ment, so far, at least, as the institution and pros­ of that act under the Constitution, it was clear ecution of a suit is concerned. from the beginning that its practical operation, in And it is by no means a logical conclusion, connection with legislative acts of likA tendency, from the premises which we have endeavored to must be complete enfranchisen::ent. Wherever establish, that the governmental relations of the national forces obtaineJ control, the slaves Texas to the Union remained unaltered. Obli­ became freemen. Support to the acts of Con­ gations often remain unimpaired, while relations gress and the proclamation of t_h~ President con­ are greatly changed. The obligations of alle­ cerning slaves was made a cond1t1on of amnesty* giance to the State and of obedience to her laws, by President Lincoln, in December, 1863, and by subject to the Constitution of the United States, President Johnson, in May, 1865.t And eman­ are binding upon all citizens, whether faithful cipation was confirmed, rather than ordained, in or unfaithful to them; but the relations which the insurgent States, by the amendment to the subsist while these obligations are performed Constitution prohibiting slavery throughout the are essentially different from those which arise when they are disregarded and set at nought. •13 U.S. Stat., 737. tI3 U.S. Stat., 758 452 POLITICAL MANUAL. [Part IV.

Union, which was proposed by Congress in Feb­ of guaranty is primarily a legislative power and ruary, 1865, and ratified before the close of the resides in Congress. "Under the fourth article followrng autumn by the requisite three-fourths of the Constitution, it rests with Congress to de­ of the States.* cide what government is the established one in The new freemen necessarily became part of a 'l3tate. For, as the United States guaranty to the people, and the people still constituted the each State a republican government, Congress State; for States, like individuals, retain their must necessarily decide what government. is es­ identity, though clianged to some extent in their tablished in the State before it can determine consti tuen t elements. And it was the State, thus whether it is republican or not." constituted, which ·was now entitled to the benefit This is the language of the late Chief Jnstice, of the constitutional guaranty. speaking for this court, in a case from Rhode There being, then, no government in·Texas, in Island,* arising from the organization of opposing constitutional relations with the Union, it be­ governments in that State. And we think that came the duty of the United States to provide the principle sanction~d by it may be applied for the restoration of 8nch a government. But with even more propriety to the case of a State the restoration of the government which existed deprived of all rightful government by revolu­ before the rebellion, witlunt a new election of tionary violence, though necessarily limited to officers, was obviously impossible; and before cases where the rightful government is thus sub­ any such election could be properly held, it was verted or in imminent danger of being over­ necessary that the old conat.itution should receive thrown by an opposing government sat up by such amendments as would conform its provisions force within the State. to the new conditions created by _emancipation, The action of the President must, therefore, and afford adequate security to the people of the be considered as provisional, and in that light State. it seems to have been regarded by Congress. It In the exercise of the power conferred by the was taken after the term of the 38th Congress guaranty clause, as in the exercise of every other had expired. The 30th Congress, which as~em­ constitutional power, a discretion in the choice bled in December, 18G5, followed by the 40th of means is necessarily allowed. It is essential Congress, which met in March, 1867, proceeded, onl.Y that the means must be necessary and prns to the series, these governments were, indeed, pro­ Union established nounced ill~:;al, and were subjected to militn.ry Whether the act.ion then taken was in all control, and were declared to be provisional respects warranted by the Constitution it is not only; and by the supplementary act of July 19, now necessary to determine. The power exer­ 1867, the third of the series, it was further de­ cised hy the President was supposed doubtless clared, that it was the true intent and meaning to be derived from his constitntional functions of the act of .March 2 that the governments as commander-in-chief; and, so long as the war then existing were not legal State governments, continued, it cannot be denied that he might and, if continued, were to be continued subject institnte temporary government within insur to the military commanders of the respective gent districts occupied by the national forces, or districts and to the paramount authority of Con­ take measures in any State for the restoration gress. We do not inquire here into the consti-. of State government f&ithful to the Union, em­ tntionality of this legislation so far as it relates ploying, however, in such efforts, only such to military authority, or to the paramount au­ means and agents as were authorized by consti­ thority of Congress. It suffices to say, that the tutional laws. terms of the acts necessarily imply recognition But the power to carry into effe'ct the clause of actually existing governments, and that, in

*13 U.S. Stat., 774-5. *Luther vs. Borden, 7 How~ 42. tU. S. Stat., 428. Page 71] JUDICIAL DECISIONS, ETC. 453

point of .fact, the governments thu~ recognized, I It. is not necessary to attempt any exact de­ m some important respects, still exist. fimt1ons within which the acts of such a State .What h~s thus been said g_enerally describes government must be treated as valid or invalid. with su~ctent accuracy the s1tuat10n of Texas. It may be said, perhaps with sufficient accuracy, A _provrn1onal governor of. the ~tat? was ap­ that acts necessary to peace and good order pointed by the President In 18b5, rn 18G6 a among citizens, such, for example, as acts sane· gove~nor. was elected by the people under the tioning and protecting marria3e and the do­ const1tut10n of that year, at a subsequent date mestic relations, governing the course of a governor was appomted by the commander of descents,regulating the conveyance and transfer the district. Each of the three exercised execu­ of property, reri.l and personal, and providing tive functions, and actually represented the State remedies for injuries to person and e,tale, and in the executive department. other similar acts, which would be vali,l if In the case before us each has given his sane­ emanating from a lawful government, must Le tion to the prosecution of the suit, and we find regarded in general as valid when proceeding no difficulty, without investigating the legal from an actual, though unlawful government; title of either to the executive office, in holding and that acts in furtherance or support of rebel­ that the sanction thus given sufficiently war­ lion against the United States, or intended to .!'anted the action of the solicitor and counsel in defeat the just rights of citizens, and other acts ·oehalf of the State. The necessary conclusion of like natnre, must, in general, be regarded as is that the suit was instituted and is prosecuted invalid and void. by competent authority. What, then, tried by these general tests, was The question of jurisdiction being thus dis­ the character of the contract of the military posed of, we proceed to the consideration of the board with White and Chiles? merits :i.s presented by the pleadings and the That board, as ws have seen, was organized, evidence. not for the defence of the State agaimt a foreign And the first question to be answered is, invasion, or for its protection against domestic whether or not the title of the State to the bonds violence, within the meaning of these words as in controversy was divested by the contract of used in the national Constitution, but for the the military board with White and Chiles? purpose, under tha name of defence, of levying That the bonds were the property of the State war against the United Stales. This purpose of Texas on the 11th of January, 1862, when was undoubtedly unlawful, for the acts which the act prohibiting alienation without the en­ it contemplated are, within the express definition dorsement of the governor was repealed, admits of the Constitution, treasonable. of no question and is not denied. They came It is true that the military board was suD'l.e­ into her possession and ownership throush pub- quently reorganized. It consisted thereafter lie acts of the General Government anct of the of the governor and two other members, ap­ State, which gave notice to all the world of the pointed and removable by him; and was, there­ transaction consummated by them. And we fore, entirely subordinate to executive control. think it clear that, if a State by a public act of Its general object remained without change, but her legislature imposes restrictions upon the its powers were "extended to the control of all alienation of her property, every peroon who public works and supplies, and to the aid of takes a transfer of such property must be held producing within the i::,tate, by the importa­ affected by notice of them. Alienation in dis­ tion of articles necessary and proper for such regard of such restrictions can convey no title. aid." In this case, however, it is said that the re­ And it was insisted in argument on behalf strict.ion imposed by the ad of 1851 was repealed of some of the defendants that the contract with by the act of 1862. And this is true if the act of White and Chiles, being for the purchase of 1862 can be regarded as valid. But was it valid? cotton cards and medicines, was not a contract Tbe legislature of Texas, at the time of the in aid of the rebellion, but for obtaining goods repeal, constituted onA of the departments of a capable of a nse entirely legitimate and inno­ State government established in hostility to the cent, and therefore that payment for those Constitution of the United States. It cannot be goods by the transfer o'f any property of the regarded, therefore, in the courts of the United State was not unlawful. We cannot adopt this. States, as a lawful legislature, or its acts as law­ view. Without entering at this time upon the ful acts. And, vet it is a historical fact that the inquiry whether any contract made by such a, government of 'i'exas, then in full control of the board can be sustained, we are obliged to say State, was it.~ only actual government; and, cer­ that the enlarged powers of the board appear to tainlv, if Texas had been a separate State, and us to have been conferred in furtherance of its. not one of the United States, the new govern­ main purpose of war against the United States, ment, having displaced the regular authority, and that the contract under consideration, CV<'ll and having established itself in the customary if made in the execution of these enlarged seats of power, and in the exercise of the ordi­ powers, was still a contract in aid of the. rebel­ nary functions of administration, would have lion, and therefore void. And we cannot shut constituted, in the strictest sense of the words, a our eyes to the evidence which pro.ves that th& de facto government, and its acts, during the act of repeal was intended to aid rebellion by period of its existence as such, would be effectual, facilitating the transfer of these bonds.. It was aod in almost all respects valid. And to some supposed, doubtless, that negotiation, of them extent this is true of the actu ll government of would be less difficult if they b.ore upon their Texas, though unlawful and revolutionary as to face no direct evidence of having come from the the U rated States. rossession of any insurgent State- g_overnm.eut. 454 POLITICAL l\IANUAL. [Part IV.

We can give no effect, therefore, to this repeal­ hoping, doubtless, that, through the action of inr, act. the national Government or of the government 1t follows that the title of the Stati was not of Texas, it might be converted into a good one. divested by the act of the insurgent government And it is true that the first provisional governor in entering into this contract. of Texas encouraged the expectation that these But it was insisted further, in behalf of those bonds would be ultimately paid to the holders. defendants who claim certain of these bonds by But he was not authorized to make any engage­ purchaRe or as collateral security, that however ment in behalf of the State, and in fact made unlawful may have been the means by which none. It is true, also, that the Treasury Depart­ White and Chiles obtained possession of the ment, influenced perhaps by these representa­ bonds, they are innocent holders without no­ tions, departed to some extent from its original tice, and entitled to protection as su~h under the rule, and paid bonds held by some of the defend­ rules which apply to secunt1es which pass by an ts without the required endorsement. But it delivery. These rules were fully discussed m is clear that this change in the action of the de­ Murray vs. Lardner.* We held in that case t~iat partment could not affect the rights of Texas as the purchase of coupon bonds, before due, with­ a State of the Union, having a government out notice and in good faith, is unaffected by want acknowledging her obligations to the national of title in the seller and that the burden of proof Constitution. in respect to notice' and want of good faith is on It is impossible upon this evidence to hold the the claimant of the bonds as against the pur­ defendants protected by absence of notice of the chaser. \Ve are entirely satisfied with this doc­ want of title in White and Chiles. As these trine. persons acquired no right to payment of these Does the State, then, show affirmatively notice bonds as against the State, purchasers could ac­ to these defendants of want of title to the bonds quire none through them. in White and Chiles? On the whole case, therefore, our conclusion It would be difficult to give a negative answer is, that the State of Texas is entitled to the relief to this question, if there were no other proof sought by her bill, and a decree must be made than the legislative acts of Texas. But there is accordingly. other evidence which might fairly be held to be sufficient proof of notice, if the rule to which we DISSENTING OPINION, have adverted could be properly applied to this case. l\Ir. Justice Grier dissenting, delivered the But these rules have never been applied to following opinion: matured obligations. Purchasers of notes or I regret that I am compelled to dissent from bonds past du0 take nothing but the actual right the opinion of the majority of the court on all and title of the vendors.t the points raised and decided in this case. The bonds in question were dated January 1, The first question in order is the jurisdiction 1851, and were redeemable after the 31st of De­ of the court to entertain this bill in behalf ol cember, 186!. In strictness, it is true they were the State of Texas. not pavable ou the day when they became re­ The original jurisdiction of this court can be deemable; but the known usage of the United invoked only by one of the United StatP.s. The States to pay all bonds as soon as the right of Territories have no such right conferred on them payment accrues, except where a distinction be­ by the Constitution, nor have the Indian tribes tween redeemability and payability is made by who are under 1.he protection of the military law and shown on the face of the bonds, requires authorities of the Government. the application of the rule respecting over-due Is Texas one of these United States? Or was obligations to bonds of the United States which she such at the time this bill was filed, or since? have become redeemable, and in respect to which This is to be decided as a political ja,ct, not as no such distinction has been made. a legal fiction. This court is bound to know and Now, all the bonds in controversy bad become notice the public history of the nation. redeemable before the date of the contract with If I regard the truth of history for the last White and Chiles; and all bonds of the same eight years, I cannot discover the State of Texas issue which have the endorsement of a governor as one of these United States. I do not think of Texas made before the date of the secession it necessary to notice any of the very ast11te ordinance-and there were no others endorsed arguments which have been advanced by the by any governor-had been paid in coin on pre­ learned counsel in this case. to find the definition sentation at the Treasury Department; while, on of a State, when we have the subject treated in the contrary, applications for the paymont of a clear and common-sense manner, and without bonds, without the required endorsement, and any astute judicial abstractions, by Chief Justice of coupons detached from such bonds, made to l\Iarshall, in the case of Hepburn & Dundass vs. that department, had been denied. Elzey, 2 Crancb, 452. As the case is short and As a necessary consequence, the negotiation of clear, I hope to be excused for a full report of these bonds became difficult. They sold much the case as stated and decided by the court. below the rates they would have commanded "The question," says Marshall, C J ., "is whether bad the title to them been unquestioned. They the plaintiffs, as residents of the District of Col­ were bought in fact, and under the circumstances umbia, can maintain an action in the circuit could only have been bought, upon speculation. court of the United States for the district of The purchasers took the risk of a bad title, Virginia. This depends on the act of Congress '"2 Wall., 118. t Brown v11. Davis, 37 R., SO; Goodman describing the jurisdiction of that court. The 118. Symonds, 20 How., 3G6. act gives jurisdiction to the circuit courts in ... Page 73] JUDICIAL DECISIONS, ETC, 455 cases between a citizen of the State in which the political position of the government; and I am suit is brought, and a citizen of another State. not disposed to join in any essay of judicial To support the jurisdiction in this case, it must subtlety to prove Texas to be a State of the appear that Columbia is a State. On the part Union, when-Congress have decided that she is of the plaintiff it has been urged that Columbia not. It is a question of fact, I repeat, and of is a distinct political society, and is, therefore, a fact only. Politically, Texa.q is not a State in •State' accordin,1 to the definition of writers on this Union. Whether rightftllly out of it or not general Jaw. This is true; but as the act of is a question not before the court, and I am not Congress obviously 11ses the word 'State' in called on to confute a fact with syllogisms. reference to that terlll as used in the Constitu­ But concedrng now the fact to be as judicially tion, it becomes necessary to inquire whether assumed by my brethren, the next question is Columbia is a State in the sense of that instru­ whether she has a right to repudiate her con­ ment. The result of that examination is a tracts? Before proceeding to answer this ques­ conviction that the members of the American tion, we must notice a fact in this case that was confederacy only are the States contemplated in forgotten in the argument. I mean that the the Constitution. The House of Representatives Un~ted States are no party to this suit, and re­ is to be composed of members chosen by the fusrng to pay the bonds because the money paid people of the eeveral States, and each State shall would be used to advance the interests of the have at least one representative. 'The Senate rebellion. It is a matter of _utter insignificance of the United States shall be composed of two to the Government of the Umted States to whom senators from each State.' Each State shall ap­ she makes the payment of these bonds. They point for the.election of the executive a number are payable to the bearer. The Government is of electors equal to its whole number of senators not hound to inquire into the bona fides of the and representatives. These clat1ses show that holder, nor whether the State of Texas has the word 'State' is used in the Constitution as parted with the bonds wisely or foolishly. And, designating a member of the Union, and excludes although by the reconstruction acts she is re• from the term the gignification attacl.ted to it by quired to repudiate all debts contracted for the writers on the law of nations." purposes of the rebellion, this does not annul all Now we have here a clear and well defined acts of the State government during the rebel­ test by which we may arrive at a conclusion lion or contracts for other purposes, nor author­ with regard to the questions of fact now to be ize the State to repudiate them. decided. Now, whether we assume the State of Texas Is Texas a State, now represented by members to be judicially in the Union (though actually chosen by the people of that State and received out of it) or not, it will not alter the case. 'l'he on the floor of Congress? Has she two senators contest is now between the State of Texas and to represent her as a State in the Senate of the her owp citizens. She seeks to annul a contract United States? Has her voice been heard in the with t'11e respondents based on the allegation late election of President? Is she not now held that there was no authority in Texas competent and governed as a conquered province by mili­ to enter into an agreement during the rebellion. tary force? The act of Congress of March 28, Having relied upon one judicial fiction, namely, 1867, declares Texas to be a "rebel State," and that she is a state in the Union, she now relies provides for its government until a legal and re­ upon a second one, which she wishes this court publican State government could be legally es­ to adopt, that ~he was not a State at all during tablished. It constituted Louisiana and Texas the five years that she was in rebellion. She ihe fifth military district, and made it subjed, now sets up the plea of insanity, and asks the not to the civil authority, but to the "military court to treat all her acts made during the disease authorities of the United States." aJ void. It is true that no organized rebellion now ex­ We have had some very astute logic to prove ists there, and the courts of the United States that judicially she was not a State at all, now exercise jurisdiction over the people of that although governed by her own legislature and province. But this is no test of the State's being executive as " a distinct political body." m the Union: Dacotah is no State, and yet the The ordinance of secession was adopted by the courts of the United States administ.er justice convention on the 18th February, 1861, sub­ there as they do in Texas. The Indian tribes, mitted to a vote of the people, and ratified by who are governed by military force, cannot an overwhelming majority. claim to be States of tbe Union. Wherein does I admit that this was a very ill-advised meas­ the condition of Texas differ from theirs? ure. Still, it was the sovereign act of a sovereign Now, by assuming or admitting as a fact the State, and the verdict on the trial of this ques­ present status of Texas as a State not in the tion "by battle," (Prize Ca~e~. 2 Black, 673,) Union politically, I beg leave to protest against as to her right to secede, has been ai;ainst her. any charge of inconsistency as to judicial opin­ But that verdict did not settle any question not ions heretofore expressed as a member of this involved in the case. ltdid not settle the ques­ court or silently assented to. I do not consider tion of her right to plead insanity and set aside all myself bound to express any opinion judicially her contracts, made during the pending of the as to the constitutional right of Texas to exer­ trial, with her own citizens, for food. clothing, or cise the right~ and privileges of a State of this medicines. The same" organized political body," Union, or the power of Congress to govern her exercising the sovereign power of the State, which as a conquered province, to subject her to mili­ required the endorsement of these bonds by the tary domination and keep her in pupilage. I governor, also passed the laws authorizing the can only submit to the fact as decided by the disoosal of them without such endorsement. She 456 POLITICAL MANUAL. [Part IV. cannot, like the chameleon, assume the color of This cause came here by appeal from the cir­ the object towhich she adheres, and ask this court cuit court for the southern district of Mississippi. to involve itself in the contradictory positions A petition for the writ of habeas corpus was that she is a State in the Union and was never preferred in that court by the appellant, alleg­ out of it, and yet not a State at all for four year~, in?. unlawful restraint by military force. during which she acted and claims to be "an fhe writ was issued, and a return was made organized political body," exercising all the by the military commander, admitting the re­ powers and functions of an independent sovereign straint, but denying that it was unlawful. State. Whether a State de facto or de jure, she is It appeared tbat the petitioner was not in the estopped from denying her identity in disputes military service of the United States, bnt was witli her own citizens. If they have not fulfilled held in custody by military authority for trial their contract, she can have her legal remedy before a military commission upon charges for the breach of it in her own courts. founded upon the publication of articles alleged But the case of Hardenberg differs from that to be incendiary and libelous, in a newspaper of of the other defendants. He purchased the bonds which he was editor. in open market; bona fide, and for a full consid­ Upon the hearing the petitioner was remanded erat10n. Now, it is to be observed that these to the military custody; but upon his prayer an bonds are payable to bearer, and that this court is appeal was allowed him tn this court, and, upon appealed to as a court of equity. The argument filing the usual appeal bond for costs, he was ad­ to justify a decree in favor of the Commonwealth mitted to bail upon recognizance, with snreties, of Texas as against Hardenberg is simply this: conditioned for his fnture appearance in the cir­ these bonds, though payable tQ bearer, are re­ cuit conrt, to al1ide by and perform the final deemable fourteen years from date. The Gov­ judgment of this court. ernment bas exercised her privilege of paying A motion to dismiRs this appeal was made at the interest for a term without redeeming the the l,ist term, and, after argument, was denied. principal, which gives an additional value to the A full statement of the case may be found in bonds. Ergo, the bonds are dishonored: Ergo, the report of thi~ decision;* and it is unneces­ the former owner has a right to resume the pos­ sary to repeat it here. session of them, and reclaim them from a bona Subsequently the case was argued very thor­ fide owner by a decree of a court of equity. oughly and ably upon the merits. and was taken 'l'his is the legal argument, when put in the under advisement. While it was thus held, and form of a logical sorites, by which Texas invokes before conference in regard to the decision our aid to assist her in the perpetration of this proper to be made, an act was passed by Con­ great wrong. gress,t returned with objections by the Presi­ A court of chancery is said to be a court of dent, and re-passed by the constitutional major­ conscience; and however astute may be the ar­ ity, which it is insisted takes from this court gument introduced to defend this decree, I can juridiction of the appeal. only say that neither my reason nor my con­ The second section of this ad was as follows: science can give assent to it. Of course I am "And be it further enacted, That so much of justly convicted by my brethren of an erroneons the act approved February 5, 1867, entitled an use of both; but I hope I may say, without of­ act to amend an act to establish the judicial fence, that I am not convinced of it. courts of the United States, approved September Mr. Justice Swayne delivered the following 24, 1789, as anthorized an appeal from the jndg­ ~n~: . ment of the circuit court to the Supreme Court I concur with my brother Grier as to the inca­ of the United States, or the exercise of any such pacity of the State of Texas, in her present con­ jurisdiction by said Supreme Court on appeals dition, to maintain an original suit in this court. which have been or may hereafter be taken, be, The question, in my judgment, is one in relation and the same is hereby, repealed." to which this court is bound by the action of the The attention of the court '\\"as directed to this legi.slative department of the Government. statute at the last term, bnt counsel having ex­ Upon the merits of the case I agree with the pressed a desire to be heard in argnment upon majority of my brethren. , its effect, and the Chief Justice being detained I am authorized to say that my brother Mil­ from his place here by his duties in the court of ler unites with me in these views. impeachment, the cause was continued under The decree in this case was, on:motion of Wil­ advisement. · liam 11. Evarts and J. M. Carlisle, suspended in At this term we have heard argument upon so far as it affects the rights of any holders or the effect of the repealing act, and will now dis­ purchasers of the coupon bonds who obtained pose of the case. them in open market, and a re-argument of the The first question necessarily is that of juris­ case was ordered for October next. diction; for, if the act of March, 1868, takes away the jurisdiction defined by the act of Feb­ The McCardle Case, ruary, 1867, it is useless, if not improper, to enter No. 223, DECEMBER TERM, 1868. into any diecussion of other questions. Appeal from the cir­ It is quite true, as was argued by the counsel cuit court of the for the petitioner, that the appellate jurisdiction Ex parts William H. llfcCardle, United States for appellant. the southern dis­ of this court is not derived from acts of Congress. ) trict of Jllissis­ It is, strictlf speaking, conferr·d by the Consti­ sippi. Mr. Chief Justice Chase delivered the opinion *Ex-part6 l\IcCardle, 6 Wall., 318. tAct March 27, of the court. 1868, 15 U. S. Stat. 44. Page 75] JUDICIAL DECISIONS, ETC. 457 tutiou. Bnt it is conferred "with such excep­ the exerc_ise o_f ju~icial power hf the legislatnre", tions and under such regulations as Congress or of leg1slat1ve mterference with courts in the shall make." exercising of continuing jurisdiction.* It is unnecessary to consider whether, if Con­ On the other hand, the gener,il rule, supported gress had made no exceptions and no regulations, by the best element.ary writers,t is, that "when this court might not have exercised gener:11 ap. an act of the legislature is repealed it must be pellate jurisdiction under rules prescribed by considered, except as to transactio~s past and itself. For among the earliest acts of the 1st closed, as if it never existed." And the effect of Congress, at its 1st session, was the act of Septem­ repealing acts upon suits under acts repealed has ber 24, 1789, to establish the judicial courts of been determined by the adjudications of this the United States. That act provided for the court. The subject was fully considered in Nor­ organization of this court, and prescribed regu­ ris vs. Urocker,t and more recently in lnsur,;nce lations for the exercise of its jurisdiction. Company vs. Ritchie.~ In both of these cas•ij it The source of that jurisdict10n, and the limita­ was held that no judgment could be rendered in tions of it by the Constitution and by statute, a suit after the repeal of the act under which it have been on several occasions subjects of con­ was brought and prosecuted. sideration here. In the case of Durousseau vs. It is quite clear, therefore, that this court can­ The United States,* particularly, the whole mat­ not proceed to pronounce judgment is this case, ter was carefully examined, and the court held for it has no longer jurisdiction of the appeal; that, while "the appellate powers of this court and judicial duty is not less fitly performed by are not given by the judicial act, but are given declining ungranted jurisdiction than in exer­ by the Constitution," tbey are nevertheless" lim­ cising firmly that which the Consti!ution and ited and regulated by that act, and by such other the laws confer. acts as have been passed on the subject." The Counsel seem to have supposed, if effect be court said further, that the judicial act was an given to the repealing act in question, that the exercise of the power given by the Constitution whole appellate power of the court in cases in to Congress "of making exceptions to the appel­ habeas corpus is denied. But this is an error. late jurisdiction of the i:lnpreme Court." "They The act of 1868 does not except from that j uris­ have described affirmatively," said the court," its diction any cases but appeals from circuit courts jurisdiction, and this affirmative description has under the act of 1867. It does affect the juris­ been understood to imply a negation of the exer­ diction which was previously exercised.II cise of such appellate power as is not compre­ The appeal of the petitioner in this ca,e must hended within it." be dismissed for want of jurisdiction. The principle that the affirmation of appellate jurisdiction implies the negation of all such ju­ Opinions in the Coosar Griffin Case-Virginia. risdiction not affirmed having been thus estab­ lished, it was an almost necessary consequence OPINION OF CHIEF JUSTICE CHASE, MAY 10, 1869. that acts of Congress, providing for the exercise Circuit court of the United States for the district of of jurisdiction, should come to be spoken of as Virginia, in the matter of Coosar Griffin-Petition for acts granting jurisdiction, and not as acts making habeas corpus. exceptions to the constitutional grant of it. This is an appeal from an order of discharge Tho exception to appellate jurisdiction in the from imprisonment made by the district judge, case before us, however, is not an inference from acting as a judge of the circuit court, upon a writ the affirmation of other appellate jurisdiction. It of habeas corpus, allowed upon the petition of is made in terms. The provision of the act of Cresar Griffin. 1867, affirming the appellate jurisdiction of t:his The petition alleged unlawful restraint of the court in cases of habeas corpus, is expressly re­ petitioner, in violation of the Constitution of pealed. It is hardly possible to imagine a plainer the United States, by the sheriff of Rockbridge rnstance of positive exception. county, Virginia, in virtue of a pretended judg­ We are not at liberty to inquire into the mo­ ment rendered in the circuit court of tbat county tives of the legislature. We can only examine by Hugh W. Sheffey, present and presiding !.herein into its power under the Constitution ; and the as judge, though disabled from holding any office power to make exceptions to the appellate j uris­ whatever by the XIVth amendment of the Con­ diction of this court is given by express words. stitution of the United States. What, then, is the effect of the repealing act Upon thi~ petition a writ of habeas corpus was upon the case before us? We cannot donbt as allowed and served, and the body of the peti­ to this. Without jurisdiction the court cannot tioner, with a return showing the cause of deten­ proceed at all in any cause. J uri~diction is tion, was produced by the sheriff, in conformity power to ·declare the law, and when 1t ceases to with its command. exist, the only function remain in& to the court is The general facts of the case, as shown to the that of announcing the fact anct dismissing the district judge, may be briefly stated as fol­ cause. lows: And this is not less clear upon authority than The circuit court of Rockbridge county is a upon principle. court of record of the State of Virginia, having ~everal cases were cited by the counsel for the civil and criminal jurisdiction. In this court, petitioner in support of the position that juris­ the petitioner, Cresar Griffin, indicted in the · diction of this case is not affected by the repeal­ ~hastellux v,. Fairchild, 15 Pa., 18; The State in~ act. But none of them, in our judgment, vs. Fleming, 7 Humph., 152; Lewis ,:s. Webb, 3 Greene, afiord any support to it. They are all cases of 326; Lanier vs. Gallatus, 13 La. An., 175. t Dwarrison Statutes,538. t 13 How., 429. ~5 Wall.,511. • 6 Cranch, 312; Wiscart vs. Danehy, 3 Dall., 321. I& parte Mc Cardle, 6 IV all,, 324. 458 POLITICAL MANUAL. [rart IV. county court for sh~oting, with intent to kill, people adhered to the national Government; and was regularly tried in pursuance of his own elec­ representatives from those counties soon after as­ tion; and, having been convicted, was sentenced sembled in convention at Wheeling. and organ­ according to the finding of the jury, to imprison­ ized a government for the State. This govern­ ment for two years, and was in the custody of ment was recognized as the lawful governmP.ot the sheriff to be conveyed to the penitentiary, in of Virginia by the executive and legislative de­ pursuance of this sentence. partments of the national Government, and this Griffin is a colored man; but there was no recognition was conclusive upon the judicial allegation that the trial was not fairly conducted, department. or that any discrimination was made against The government of the State thus recognized him, either in indictment, trial, or sentence, on was, in contemplation of law, the government of account of color. the whole State of Virginia, though excluded, as It was not claimed that the grand jury by the Government of the United States was itself which he was indicted, or the petit jury by which excluded, from the greater portion of the terri­ he was tried, was not in all respects lawful and tory of the State. It was the legislature of the competent. Nor was it alleged that Hugh W. reorganized State which gave the consent of Vir­ Sheffey, the judge who presided at the trial and ginia to the formation of the State of West Vir­ pronounced the sentence, did not conduct the ginia. To the formation of that State the consent trial with fairness and uprightness. of its own legislature and of tho legislature of One of the counsel for the petitioner, indeed, the State of Virginia i.nd of Congress was indis­ upon the hearing in this court, pronounced an pensable. If either had been wanting, no State eulogium \Jpon his character both as a man and within the limits of the old could have been as a magistrate, to deserve which might well be constitutionally formed; and it is clear, that if the honorable aspiration of any judge. the government instituted at Wheeling was not But it was alleged and was admitted that the government of thewhole State of Virginia, no Judge Sheffey, in December, 1849, as a member new State has ever been constitutionally formed of the Virginia house of delegates, took an oath within her ancient boundaries. to support the Constitution of the United States, It cannot admit of question, then, that the and also that he was a member of the legisla­ government which consented to the formation ture of Virginia during the late rebellion in of the State of West Virginia, remained, in all 1862, and as such voted for measures to sustain nati'onal relations, the government of Virginia., the so-called Confederate States in their war although that event reduced to very narrow against the United States; and it was claimed limits the territory acknowledging its jurisdic­ in behalf of the petitioner that he thereby be­ tion, and not controlled by insurgent force, In­ came. and was at the time of the trial of the deed, it is well known, historically, that the State petitioner, disqualified to hold any office, civil and the government of Virginia, thus organized, or military, undQr the United States, or under was recognized by the national Government. any State; and it was specially insisted that the Senators and Representatives from the State oc­ petitioner was entitled to his discharge upon the cupied seats in Congress, and when the insurgent ground of the incapacity of Sheffev under the force which held possession of the principal part XIVth amendment to act as judge and pasi sen­ of the territory was overcome, and the govern­ tence of imprisonment. ment recognized by the United States was trans­ Upon this showing and argument it was held ferred from Alexandria to Richmond, it became by the district judge that the sentence of Ca'lsar in fact, what it was before in law, the govern­ Griffin was absolutely null; that his imprison­ ment of the whole State. As such it was entitled, ment was in violation of the Constitution of the under the Constitution, to the same recognition United States, and an order for his discharge and resrect, in national relations, as the govern­ from custody was made accordingly. ment o any other State. The general question to be determined on the It was under this government that Hugh W. appeal from this order is whether or not the Sheffey was, on the 22d February, 1866, duly sentence of the circuit court of Rockbridge coun­ appointed judge of the circuit court of Rockbridge ty must be regarded as a nullity, because of the county, and he was in the regular exercise of his disability to hold any office under the State of functions as such when Griffin was tried and Virginia imposed by the XIVth amendment on sentenced. the person who in fact presided as judge in that More than two years had elapsed, after the court. date of his appointment, when the ratification of h may be properly borne in mind that the the XIVth amendment by the requisite number disqualification did not exist at the time that of States was officially promulgated by the Sec­ Sheffey became judge. retary of State, on the 28th of July, 1868. When the functionaries of the State govern­ That amendment, in its 3d section, ordains ment existing in Virginia at the commencement that " no person shall be a senator or represent­ of the late civil war took part, together with a ative in Congress, or elector of President and majority of the citizens of tbe State, in rebellion Vice President, or hold any office, civil or mili­ against the Government of the United States, tary, under the United States, or under any State, they ceased to constitute a State government for who, having previously taken an oath as a mem­ the Shte of Virginia which could be recognized ber of Congress, or as an officer of the United as such by the national Government. Thbir ex­ States, or as a member of any State legislature, ample of hostility to the Union, however, was not or as an executive or judicial officer of any State, followed throughout the State. In many coun­ to support the Constitution of the United States, ties the local authorities and majorities of the shall have engaged in insurrection or rebellion Pago 77] JUDICIAL DECISIONS, ETC. 459

against the same, or given aid or comfort to the ment? What is the true scope and purpose of enemies thereof." the proh1b1t1on to hold office conta.ined in the And it is admitted that the office held by Judge third section? Sheffey, at the time of the trial of Griffin, was The proposition maintained in behalf of the an office under the State of Virginia, and that he petitioner is, that this prohibition instantly on was one of the persons to whom the prohibition the day of its promulgation, vacated all offices to hold office pronounced by the amendment ap­ held by persons within the category of prohibi­ plied. tion, and made all official acts performed by 'fhe question to be considered, therefore, is them since that day null and void. whether, upon asound construction of the amend­ One of the counsel sought to vindicate this ment, it must be regarded o.s operating directly, construction of .the amendment. upon the i;;round without any intermediate proceeding whatever, that the defimt1ons of the verb" to hold,' given upou all persons within the category of prohibi­ by Webster, in his dictionary, are "to stop; to tion, and as depriving them at once and abso­ confine; to restram from escape; to keep fast; lutely of all official anthority and power. to retain;" of which definitions the author says Orie of the counsel for the petitioner suggested that" to. hold rarely or never signifies the first that the arnPndment must be construed with rPfer­ act of seizmg or fallmg on, but the act of retain­ ence to tbe act of 1867, which extends the writ ing a thing when seized on or confined." of habeas corpus to a large class of cases in w Inch The other counsel seemed to be embarrassed the previous legislation did not allow it to be by the difficulties of this literal construction, issued. And it is proper to say a few words of and sought to establish a distinction between this suggestion here sentences in criminal cases and judgment.q and The Judic1ary act of 1789 expreesly denied the decrees in civil cases. He admitted, indeed, that benefit of the writ of habeas corpus to prisoners tbe latter might be valid when made by a court not confined under or by color of the authority held by a judge within the prohibitive category of the United States. Under that act. no person of the amendment, but insisted that the sen­ confined under State authority could have the tences of the same court in criminal cases must benefit of the writ. Afterwards, in 1833 and be treated as nullities. The ground of the dis­ 1842, the writ was extended to certain cases, spe­ tinction, if we correctly apprehend the argument, cially deecnbed, of imprisonment under State was found in the circumstance that the act of process; and in 1867, by the act to which the 1867 provided a summary redress in the latter counsel referred, the writ was still further ex­ class of cases; while in the former no summary tended "to all cases where any person may be remedy could be had, and great inconvenience restrained of liberty in violation of the Consti­ would arise from regarding decree~ and judg­ tution, or of any treaty or law of the United ments as utterly null and without effect. States." But this ground of distinction seems to the And the learned counsel was doubtless cor­ court unsubstantial. It rests upon the fallacy rect in maintaining that without the act of 1867 already commented on. The amendment makes there would be no remedy for habeas corpus in no such distinction as is supposed. It does not the case of the petitioner, nor, indeed, lil any deal with cases, but with persons. The prohi­ caee of imprisonment in violation of the Consti­ bition is general. No person in the prohibitive tution of the United States, except in the possi­ category can hold office. It applies to all per­ ble case of an imprisonment not only within the sons and to all offices, under the United States provisions of this act, but also within the :i:;ro­ or any State. If upon a true construction it visions of some one of the previous acts of l 189, operates as a removal of a judge, aud avoids all 1833, and 1842. sentences in criminal cases pronounced by him But if, in saying that the amendment must be after the promulgation of the amendment it construed with reference to the act, the counsel must be held to have the effect of removing all meant to affirm that the existence of the act judges and all officers, and annulling all tbeir throws any light whatever upon the construc­ official acts after that date. tion of the amendment, the court is unable to The literal construction, therefore, is the only perceive the force of his ohservation. one upon which the order of the learned district It is not pretended that imprisonment for judge,discbarging the prisoner, can be sustained, shooting with intent to kill is unconstitutional, and was, indeed, as appears from bis certificate, and it will hardlv be affirmed that the act of the construction upon which the order was made. 1867 throws any iight whatever upon the ques­ He Rays expressly," the ~igbt of the petitioner to tion, whether such imprisonment in any partic­ his discharge appeared te,. me to rest solely on the ular case is unconstitutional. The case of un­ incapacity of the said Hugh W Sheffey to act, constitutional imprisonment must be established (that is, as judge,) and so to sentence the prisoner, by appropriate evidence. It cannot be inferred under the XIVth amendment." from the existence of a remedy for such a case. Was this a correct construction? And. surely, no construction, otherwise unwar­ · In the examination of questions of this sort, ranted, can be put upon the amendment more great attention is properly paid to the argument than upon any other provision of the Constitu­ from inconvenience. This argument, it is true, tion, to make a case of violation out of acts cannot prevail over plain word~ or clear reason. which, otherwise. must be regarded as not only But, on the other band, a construction which constitutional, but right. must necessarily occasion great public and pri­ We come then to the question of construction. vate mi8chief must never be preferred to a. What was the intention of the people of the construction which will occasion neither, or United States in adopting the XIVth amend­ neither in so great degree, unless the terms of 460 POLITIC.AL MA.J.~UAL. [Part IV. the instrument absolutely require such prefer­ jority of these officers, had, in one or another of ence. the capacities descnbed in the third section, Let it then be considered what consequences taken an oath to support the Constitution and would spring from the literal interpretation con­ had afterwards eng~ged in the late rebellion; tended for in behalf of the petitioner. and most, if not nil, of them continued in the The amendment applies to all the States of discharge of their functions after the promulga­ the Union, to all offices under the Unit.ed States tion of tlie amendment, not supposing th al by its or under any State, and to all persons in the operation their offices could be vacated without category of prohibition, and for all time, present some action of Congres . and future. The offenceg for which exclusion If the construction now contended for Le given from office is denounced are not merely engaging to the prohibiti,·e section, the effect must be to in insurrection or rebellion against the United annul all officinJ acts performed by these officers. States, but t be giving of aid or comfort to their No sentence, no judgment, no decree, no ac­ en.emies. They are offences not only of civil, knowledgment of a deed, no record of a deed, but of foreign war. no sheriff's or commissioner's sale-in short, no Now, let it besupposed that some of the persons official act is of the least validity. It is impos­ described in tbe third section, during the war with sible to measure the evils which such a const.ruc­ Mexico, gave aid and comfort to the enemies of tion would add to the calamities which have their country, and nevertheless held some office already fallen upou the people of these States. on the 28th of July, 1868, or subsequently. The argument from inconveniences, great as Is it a reasonable construction of the amend­ these, against the conRtruction contended for, is ment which will make it annul every official act certainly one of no light weight. of such an officer? But there is another princi1,le which, in deter­ But let another view be taken. It is well mining the construction of this amendment, is known that many persons engaged in the late entitled to equal considerntion with that which rebellion have emigrated to i:itates which ad­ has jnst been stated and illustrated. It may be hered to the national Government, and it i~ not stated thus: Of two constructions, either of which to be doubted tlrnt not a few among them, as is warranted by the words of an amendment of members of Congress, or officers of the United a public act, that is to be preferred which bes~ States, or as members of State legislatures, or harmonizes the amendment with the general ten, as executive or judicial officers of a State, had or and spirit of the act amended. before the war taken an oath to support the 'l'bis principle forbids a construction of the Constitution of the United States. In their amendment not clearly required by its terms, new homes, capacity, integrity, fitness, and ac­ which will bring it into conflict or disaccord ceptability, may very po,sibly have been more with the other provisions of the Constit. lion. looked to than antecedents. Probably some of And here it becomes proper to examine some­ these persons have been elected to office in the what more particularly the character of the States which have received them. It ia not third section of the amendment. unlikely that some of them held office on the The amendment itself was the first of the se­ 28th July, 1868. Must all their official acts be ries of measures proposed or adopted Ly Con­ held to be null under the inexorable exigencies gress with a view to the reorganization of State of the amendment? government.~ acknowledging the constitutional But the principal intent of the amendment supremacy of the national Government in those was, doubtless, to provide for the exclusion from States which bad attempted to break up their office in the lately insurgent States of all per­ constitutional relations with the Union, and to sons within the prohibitive description. esti.blish an independent. confederacy. Now, it is well known that before the amend­ All citizens who had, during its earlier stages, ment was proposed by Congress, governments engaged in or aided the war against the United acknowledging the constitutional supremacy of States, which resulted inevitably from this at­ the national Government bad been organized in tempt, had incurred the penalties of treason all these States. In some these governments under the statute of 1 i90. had been organized through the direct action of But by the act of July li, 1862, while the civil the people, encouraged and supported by the war was flagrant, the dea 1h penalty for treason President, as in Tennessee, Louisiana and Ar­ committed Ly engaging in rebellion was practi­ kansas, and in some through similnr action in cally abolished. Afterwards, in December, 1863, pursuance of Executive proclamation, as in full amnesty, on condition~ which now certainly Nonh Carolina, Alabama, and several other seem to be moderate, was offered by President States. In Virginia such a State government Lincoln, in aecordance with the same act of had been organized as has been already stated, Congress; and, after orga11~zed resistance to the soon after the commencement of the war; and United States had ceased. amnesty was again of­ this government only had been fully recognized fered, in accordance with the same act, by Presi­ by Congress, as well as by tho President. dent Johnson, in May, 1865. In both these offers This government, indeed, and all the others, of amnesty extensive exceptions were made. except that of Tennessee, were declared by Con­ In June, 1866, little more than a year later, the gress to be provisional only. X!Vth amendment was proposed, and was rat­ But in all these States all offices had been ified in July, 1868. 'l'he only punitive section filled, before the ratification of the amendment, contained in it is the third, now under consider­ by citizens who at tbe time of the rati ication ation. It is not improbable that one of the were actively engaged in the performance of objects of this section was to provide for the se­ their several duties, Very many, if not a ma- curity of the nation and of individuals by the Page 79] JUDICIAL DECISIONS, ETC. 461

exclusion of a class of citizens from offiue; but it any sentence of exclusion can be made to can hardly be doubted that its main purpose operate. To accomplish this ascertainment and was to inflict upon the leading and most influ­ in•1;1r_e effective results, proceedings, evidence, ential characters who had been engaged in the dec1s1ons, and enforcement of decisions, more or rebellion, exclusion from office as a punishment less formal, are indispensable; and these can for the offence. only he provided for by Congress. It is true that, in the judgment of some en­ Now, the necessity of this iA recognized by lightened jurists, its legal effect was to remit all the amendment itself, in its fifth and final sec­ other punishment, for it led to the general am­ tion, which declares that "Congress shall have nesty of December 25, of the same year, and to power to enforce, Ly appropriate legislation, the the order discontinuing all prosecutions for crime provisions of this article." and proceedrngs for confiscation origiDating in There are, indeed. other sections than the the rebellion. Such certainly was its practical third, to the enforcement of which legislation effect. Bnt this very effoct shows distmctly its is necessary; but there is no one which more punitive charactor. clearly requires legislation in order to ~ive effect Now, it is undoubted that those provisions of to it. The fifth section qualifies the third to the the Constitution which deny to the legislature eamA extent as it would if the whole amendment power to deprive any person of hfe, liberty, or consisted of these two sections. propertv without due process of law, or to pass And the final clause of the third section itself a bill of attainder, or an ex post facto law, are in­ is significant: it gives to Congress absolute con­ consistent, in their spirit and general purpose, trol of the whole operation of the amendment. with any provision wl1ich at once, without trial, These are its words: "But Congress may. hy a deprives a whole class of persons of offices held vote of two thirds of each House, remove such. by- them for cause, however grave. It is true that disability " Taking the third section then in no limit can be imposed on the people when ex­ its completeness, with this final clause, it seems ercising their sovereign power in amending their to put beyond reasonable question the conclu­ own constitution of government. But it is a sion that the intention of the people of the necessary presumption that the people, in the United States in adopting the XIVth amend­ exercise of that power, seek to confirm and im­ ment was to create a disability, to be removed prove, rather than to weaken and impair, the in proper cases by a two thirds vote, and to be general spirit of the Constitution. mnde operative in other cases by the legislation If there were no other grounds than these of Congress in its ordinary course. The con· for seeking another interpretation of the amend­ struction gives certain effect to the undoubted ment than that which we are asked to put upon intent of the amendment to insure the exclusion it; we should feel ourselves hound to hold them from office of the designated cl>tss of persons, if sufficient. not relieved from their disabilities, and avoids But there is another and sufficient ground, the manifold evils which must attend the con­ and it is this, that the construction demanded struction insisted upon by the counsel for the in behalf of the petitioner is nugatory except petitioner. for mischief. It results from this examination that persons In the language of one of the counsel, "the in office by lawful appointment, or elected be­ object had in view by us is not to unseat Hugh fore the promulgation of the XlVth amend­ W. Sheffey, and no judgment of the court can ment. are not removed therefrom by the direct effect that." and immediate effect of the prohibition to hold Now, the object of the amendment is to un­ office contained in the third section; but that seat every officer, whether judicial or executive, legislation by Congress is necessary to give who holds civil or military office in contraven­ effect to the prohibition, by providing for such tion of the terms of the amendment. Surely, a removal. And it results further, that the exer• construction which fails to accomplish the main cise of their several functions by these officers, purpose of the amendment and yet necessarily until removed in pursuance of such legislation, works the mischiefs and inconveniences which is not unlawful. have been described, and is repugnant to the The views which have been just stated receive first principles of justice aud right embodied in strong confirmation from the action of Congress other provisions of the Constitution, is not to be and of the executive department of the Gov­ favored if any other reasonable construction can ernment. The decision of the district judge, be found. now under revision, was made in December, Is there, then, any other reasonable construc­ 1868, and two months afterwards, in February, tion? In the judgment of the court there is 1869, Congress adopted a joint resolution, enti­ another, not only· reasonable, but very clearly tled "A resolution respecting the provisional warranted by the terms of the amendment, and governments of Virginia and Texas" In this recognized by the legislation of Congress. resolution it was provided, that persons "hold­ The object of the amendment is to exclude ing office in the provisional govern men ts of from certain offices a certain class of persons. Virginia and Texas," but unable to take and Now, it is obviously impossible to do this by a subscribe the test-oath prescribed by the act simple declaration, whether in the Constitution of July 2, 1862, except those relieved from dis­ or in an act of Congress, that all persons in­ ability, "be removed the:efrom ;" hut ~ pro­ cluded within a particular description shall not vision was added, suspendmg the operation of hold office. For, in the very nature of things, the resolution for thirty days from its passage. it must be ascertained what particular indi­ The joint resolution was passed and received viduals are embraced by the definition before by the President on the 6th of Febru'l.ry, and, 462 POLITICAL MANUAL, [Part IV.

not having been returned in ten days, became a stances, and that no person holding any such law without his approval. office shall, while holding such oflice, be a mem­ It cannot be doubted that this joint resolution ber of either House, operate on the capacity to recognized pnsons unable to take the oath re take office. The election or appointment itself quired, tow hi~h class belonged all persons within is prohibited and invalidated; and yet no in­ the description of the third section of the XIVth stance is believed to exist where a person has amendment, as holding office in Virginia at the been actually elected, and has actually taken the date of its passage, and provided for their re­ office, notwithstanding the prohibition, and his moval from office. acts while exercising its functions have been It is not clear whether it was the intent of held invalid. . Congress th,1t this removal snould be effected in But it is unnecessary to pursue· the examina­ Virginia by the force of the joint resolution itself, tion. The ca~es cited by counsel cover the whole or by the commander of the first military district. ground, both of principle and authority.* It was understood by the executive or military This subject received the consideration of the aut.horities as directing the removal of the per­ judges of the Supreme Court at the last term with sons described by military order .. The resolution reference to this and kindred cases in this district, was published by command of the general of the and I am authorized to say that they unanimously army, for the information of all ci,ncerned, on the concurred in the opinion, that a person convicted 22d of March, 1869. It had bP.en previously by a jury, and sentenced in court. held by a judge published by directiou. of the commander of the de facto, acting under color of office, though not first military district, accompanied by an order, de jure, and detained in custody in pursuance of to take effect on the 18th of lliaxch, 1869, remov­ his sentence, cannot be properly discharged upon ing the persons described from office. The date habeas corpus. at which this order was to take effect Wa8 after­ It follows that the order of the district judge wards changed to the 21st of March. must be reversed, and that the petitioner must It is plain enough from this statement that be remanded to the custody of the sheriff of persons holding office in Virginia, and within Rockbridge county. the prohibition of the XIVth amendment, were not regarded b}' Congress, or by the military OPINION OF JUDGE UNDERWOOD. authority, in March, 1869, as having been already In the matter of Cresar Griffin-Petition for habeas removed from office. corpus. It is unnecessary to discuss here the question In entering upon the consideration of this case, whether the government of Virginia, which seems I am oppressed by the gravity of the principles to have been not provisional, but permanent, when and consequences it involves. The history of transferred from Alexandria to Richmond, be­ civilization has established the fact that the lib­ came provision al under the subsequent legislation erties of the people in all modern nations depend of Congress, or to express any opinion concern­ upon the restraints which courts of justice have ing the validity of the joint resolution, or of the succeeded in opposing to the oppressions of ty­ proceedings under it. The resolution and pro­ rants and usurpers. And no device for this pur­ ceedings are referred to here only for the purpose pose can be compared with the writ of habeas of showing that the amendment had not been corpus, which we have inherited from our regarded by Congre8s or the executive, so far as English ancestors. represented by the military authorities, as effect­ That great scholar and writer, Dr. Samuel ing an immediate removal of the officers described Johnson, well said to his friend Boswell, "the in the third gection. habea~ corpus is the single advantage which our After the most careful consideration, I find government has over that of other countries." myself constrained to the conclusion that Hugh The historian Macaulay, in his graphic de­ W. Sheffey had not been removed from the office scription of the tyrant James the Second, has of judge at the time of the trial and senten~e of well written: "One of his objects was to obtain the petitioner; and, therefore, that the sentence a repeal of the ha/ieas corpus act, which he hated, of the circuit court of Rockbridge county was as it was natural that a tyrant should bate the lawful. most stringent curb that ever legislation imposed In this view of the case, it becomes unneces­ on tyranny. This feeling remained deeply fixed sary to determine the question relating to the in his mind to the last, and appears in the in­ effect of the sentence of a judge de facto, exercis­ structions which he drew up, when in exile, for ing the office with the color, but without the the guidance of his son. But the habeas corpus substance of right. It is proper to say, however, act, though passed during the e.scendancy of the that I should have no difficulty in sustaining the whigs, was not more dear to t':e whigR than to custody of the sheritf under the sentence of a the tories. It. is, indeed, not wonderful that this court held by such a judge. great law should be highly prized by all Eng­ Instructive argument and illuRtration of this lishmen, without distinction of party; for it is branch of the case might be derived from an ex­ a law which, not by circuitous, but by direct amination of those provisions of the Constitution operation, adds to the security and happiness of ordaining that no person shall be a representa­ every inhabitant of the realm.' . tive, or senator, or President, or Vice President, The petition in the present case alleges that unless having certain prescribed qualifications. the petitioner is deprived of his liberty in vio­ These provi~ionH, as well as those which ordain lation of the Constitution of the United States, that no senator or representative shall, during and the evidence proves that he is imprisoned his term of service, be appointed to any office •Taylor vs. Skinner, 2 8. C., 60G; State vs. Bloom, 17 under the United States, under certain circum• Wis., 021, Ex rel. Ralston vs. Bangs, 24 Ill., 184. Page 81] JUDICIAL DECISIONS, ETC. 4U3 u'.1der color of a senten_ce pronotrnced againit I A judge capable of understanding the plainest h_un by a perso_n pretending to ue a Judge of the English languagP co_nld entertain no rloubt. un­ circuit court ol Rockbridge county, in the :::itate der the Rtatute, of hiH duty to 1ss1ie the writ. on ?f Virginia; tbat the said pretended jud,;e. h,w­ a pet_ition snch as was presented in tl,is c~se; 1ng previously taken an oath as a me111ber ot the and if any doubt could have arisen unrlc,r the State legislature to support the Cons11t11tion of statute stanJina alone, this detision of the Su­ the Uni,ed States, had engaged in i11s111-recllon preme Court of the United Stales would have or relwllion against the same, or given aid or n,moved it. comfort to I l,e enr,mi~s thereof; wl1ereas the 2d. Ought the petitioner, on the return.answer, Const1LUl1on of the Umted Stat<,s (arnr·ndmenrn, and ev1rfonce, lo be discharaed"/ Art. Xl V) provides that no Guch 1,errn11 as afore- The XIVch amendment° to the Constitution sai,1 sliall ltold any civil ollice und,,r any :::itate; provides: and, comeq11e11tly, the mid pretended judge !tad "SEC. 3. No person shall be a senator or rep­ no JUrtsd1c_c1un over the person or allr·ged offence resentative in \'ongress, or elector of l'resident of tlte pern1oner, and all lns procee_dtr1gs tn the and Vice President, or hold any office, civil or case were invalid and absolutely vo1On legal States, or a; a i_nember of any State legislature, principles and Judicial auth~nty.. J liey are or as an executive or judicial officer of any State, 1. Did the writ properly issue rn this case? to i;upport the Constitution of tlte United States, 2. Ought the peut1oner, on the conmlerat10n shall !,ave been engaged in insurrection or rebel­ of ti1e whole case, to Le discharged? lion against the sat'ne, or given aid or comfort to 1st. Did the wnt properly issue"/ the enemies thereof." The act of Congress of February 5, 18G7, pro­ The fact that the person who pronounced the vides a~ follows: sentence was disqualified, unply to either of said justicr.s or the fact, or, more properly, as used here, in fact; judges for a wrtt of habeas corpus, which appli­ that is to say, the objection urged is, that this cation sit all be in writing and venfied by affidavit, was a cuurt in fact, if not in law and shall set forth the facts concerning the de­ Now, let us ask what makes it a court in fact? tention of tl,e party applying. in whose custody Is that a court in fact which the Consti1ntion of he or she is detai11ed, and by virtue of what claim the U nite,J States says shall not be a court? Then or autl,onty, if known; and tl,e said justice or the Constitution is a dead letter-a mat to wipe judge to wltom such application shall be made onrfeetupon-not a shield to protect our breasts. slrnll forthwith award a writ of habeas coi-rms. There can be nosnch thing, in time of peace, when unless it shall aj>pear from the petition ilself that U e national authority is everywhere re establish­ the party is not deprived of his or her liberty in ed, as a court prohibited by the plain lettn of lhe contra\"ention of tile Constitution and laws of Constitution, (,rnd a courtcomposed of such _judges the United States." is so prohihited.)and yet having power to deprive 'l'he petition. in form, complied with the re· citizens of their life or their libe1·ty. Snch a prop­ quirements of the statute; and it did not appear osition seeins to me the most unmaintainable of from the pE-ti1ion itself that the party is not absnrditieR on its very face: . . deprived of his liberty in contravention of the If the doctrine here urged 1_s correct, and JS Constii 11tion of tlie United States. Therefore the the doctrine on which our practice 1s to be based, obligation would set'm to have been imperative it might beadvantageouslyincorporated i_nto this on tlie judge to whom the application was made XIVth amendment and made a part of it. We to i,s11e the writ. The language of the statute 1s will see how this amendmeu~ \rnuld th,·n read. sufficiently 1,lain, even without the aid of judicial I know no bet.er way to exh1b1t the untena_ble­ CO'.lst.ruction But it has had judicial construe­ ness of the proposition ~han thus (o p~1t _it rnto tion by the hi"hest authority in the land. In the shapP, of that orgamc law which, it 1s con­ McCardle's ca,; tbe Supreme Court of the UDited tended, it ought to control. States. in an opinion delivered by its learned "No person shall hol_d any civil office" in Chief Ju,ti,·e, with his usual force and elegance theory, though be may rn fa.ct, and as a rebel of expression, said: pretended judge may sentence loyal me_n to be "This legislation is of the most comprehensive imprisoned and to be hanged, "whn, ltanng pre­ character. Ir. bring9 within the habeas corpus ju­ viou~ly taken an oath a~ a mern her of Congress, risdict ion of every <'OU rt and of every judge every or as an officer of th~ Umted St>ttes, or as R. m~m­ possible case of privation of liherty contrary to ber of any Slate legislature, or as an execul1ve the national Constiwtion, treaties, or laws. It or judicial officer of iiny State, to rnpport the is impossible to widen this j urisrliction." Constitution of the Umted States, shall have F 464 POLITICAL :MANUAL. [Part IV.

"n.;aged in insuncdion or rebellion against the II into by the judges. And if th0y can open it at r-.ime. or given aid or comfort to the enemies all, what part of it are they forbidden to read or r.l,«re,if." lo c,bey ?" ·* 'k "It is declarnd that no' tax How would such a provision as that read? or duty shall be laid on articles exported from And yet, if it is to be the law administered by any State.' the conrt, it might as well be in the Constitution "Suppose a dnty on the export. of cotton, of or on the st:itute-book. tobacco, or of flour, nnd a suit instituted lo re­ .As a judge of one of the courts of the United cover it. Ongh t judgment to be render~d in such Stales I nm sworn to support the Constitution a case? Ought the judges to close tl1eir eyes on of the United States. If, after having taken that/ the Constitution, and only see the law? oath, I were to hold that he shall be a judge of "The Constitution decbres 'that no bill of whom that Constitution sap," He shall hold no attainder or e.vpostfacto law shall be passed.' civil office," I could not look upon myself as other "If, howe\·er, such a bill should be passed. and than a perjured man. a person should be prosecuted under it, must the This great nation !ms spoken in th

Where the words of tLe statute are clear, the abiding men, implicitly obeying the Constitu­ argument of inconvenience is only for the legis­ tion of the country, and the proposition that no lature, and cannot be considered by the court. citizen, bowever humble, can be deprived of his "Arguments drawn from impolicy or inconve­ liberty by th_e action of any pretended judge or nience," s:1ys :f\I r. Justice Story, "ought to have other person Ill open defiance of a plain, palpuble, little weight. T!.e only sound principle is to clearly defined provision of that Constitution; declare ita le:c sci·ipta est-to follow and to obey." and therefore, in my judgment, the petitioner (Conllict of L:1ws, 17.) should be discharged. "\Vhere the language is clear, and where, of course, the intent. is manifest," says Mr. Chief Can a Negro hold Office in Georgia l Justice Shaw," the court is not at liberty to be governed by considerations of inconvenience." DECISION AND OPINIONS OF TlIE JUSTICES OF THE (11 Prck., 407.) SUPREME Couri-r OF TIIA'r STATE. In this case the language of the statute is per­ Before announcing the judgment of the court, fectly clear, and.the court is not at liberty to be Judge McCay said: governed by considerations of inconvenience. The case of Richard W. White, plaintilf in The Const1 tution declares that "This Consti­ error, against the State of Georgia, on the rela­ tution, and th,;i laws and treaties enacted in pur­ tion of Wm. J. Clements, defendant in error, suance thereof, shall be the supreme Ltw of the comes before this court on lhe following state of land. It does not say that they shall be the su­ facts: preme law of the land when they are not found Wm. J. Clements applied to the judge of the inconveaient. Had it so declared,' the rebellion superior court of Chatham county, alleging that, could have been accomplished without so much at an election which had been heltnimously of opinion that the court be­ tha.t he was a person of color; that he subse· low erred in various of its rulings on the trial quently posted the lists in a public place, and and on the question of the argument on the de­ that they had remained there two or three murrer. weeks, without any application having been A majority of the court-the chief justice and made to him to have that letter "c·• erased or myself-agree in the judgment that the court changed. It did not appear, however, that there below erred in overruling the demurrer, it being wa.s a.ny notice to White that this letter "(;" our opinion that, under the Code of Georcria, a had Leen placed opposite to his name, nor did it person of color is eligible to office in Gegrgia. appear that it was the law or the practice that, 1'Iy brother Brown, however, and myself do not if he had applied to have it corrected, they exactly agree upon the grounds upon which we would have corrected it; in other words, that it base that judgment. The statutes of the State was the part or the duty of the officer at all to of Georgia require that the court shall agree in make that entry. At least it has not so been the decision which it makes-the principle npon made to appear to us. which it puts the case which it decides; and as This evidence was objected to by the defence, my brother Warner, whilst he agrees to the but admitted by the court. The court also ad­ general judgment, puts his opinion upon one set mitted as evidence the statement by a phy~ician, of grounds, and my brother the chief justice puts an examining physician of an insurance com­ his upon another, while I put mine upon a third, pany, that at a previous time he had examined we are unable to agree upon a statement of the White, and had pronounced him a mulatto. general principleB upon which we put our judg­ There was no testimony by the physician of ment. llence, under the statute, we shall each what his opinion was at the time of the trial. give a statement of tbe ground upon which we The testimony was that at some previous time assent to the judgment of this court. he had examined him, and was at that previous I will, therefore, now read the grounds upon time of opinion that he was a mulatto. which the whole court bases its decision, the In the further progreRs of the trial they pro­ ground upon which the majority of the court posed to introduce a cory of an application for bases its decision, and I shall also announce the a life insurance on the ife of White in favor of principles upon which I myself hold that tho bis wife, which application purported to be court below erred. signed by White. The application does not As this is a case of a good deal of public im­ seem to have a word in it as to whether White portance, involving not only the rights of the was a white man or black man, it gave no indi­ defendant and this plaintiff in error, but of a cation as to his color; but on the back of it very large portion of the people of this State, there was an entry, by a person who purported and one in which there is a great deal of interest to be an examining physician, that White was taken, I have reduced to writing, in detail, my a mulatto. The witness swore at first that he opinion; and I will preface the reading of the thought White signed the paper, but swore after­ judgment of the whole court and of the m3jority wards that he didn't know whether White had of the court with some written remarks, pre­ signed it or whether his wife had signed it for ferring to do that rather than make a parol him. Objection was made to this paper on three in troduclion. grounds: one, that it was a copy-paper, though Whatever may have been, under the Consti­ it was proven that the original was in New tution of the United States, the i.,hstract truth as York; the other that there was no proof that to the political condition and stat..1s of the peo­ the original had been executed; and, third, that ple of Georgia at the close of tbe late war, from in any event the paper amounted to nothing. the stand-point of a mere observer, it seems to Another witness, also a physician, swore that me perfectly conclusive that the several branches h') was a practicing physician, and that he had of the present State government are shut up in studied the science of ethnology; that that the doctrine that the constitution and frame of science taught men the rules by which the race civil government in existence in this l:itate on of a man was ascertained, and this witness gave the 1st of January, lSGJ, with all its dirnbihties his opinion upon the point. The court admitted and restrictions, was totally submerged in the his opinion, that White was a person of color, great revolnl~on which from 18Gl to 18G5 swept 468 POLITICAL IIIANUAL. [Part IV. over the State. Early in .Tune, 18G5, the gov­ 1867, the ancient constitution of the State or ernor of 1860 was in prison at Washington, and any of its legal or politicDl disabilities or dis­ there was not in the whole State a 8ingle civil qualifying

can have, ex_cept such as they hava conferred appeal to tha courts, to testify as a witness, to upon the Umted States, or on some department perform any civil function, and to keep and of the State governmer,t, or ha,e expressly de­ bear arms." nied to themselves by their constitution; and as Section 1G49 declares that "All citizens are the right to select a public officer is a political entitled to exercise all their rights as such un­ right, the people, or that bri.nch of the govern­ less specially prohibited by law." ment clothed by the constitution with the power Section IG50 prohibits females from exercising to choose, may select whomsoever it will, unless the elective franchise or holding civil oflice. the right to choose a particular person or class Section 1651 prohibits minors from the exer­ of persons is expressly taken away by the con­ cise of civil functions till they are of legal age. stitution. Sections 1G52 and 1653 prohil>it certain cnmi­ Cfiief Ju~tice Brown then r&ad from his writ­ nals, and persons non ccmpos mentis, from exer­ ten opinion, as follows: cis.ing certain rights of citizens. The view which I take of the rights of the Article 3, chapter 1, title 1. part 2, of the Code, parties litigant i·.1 this case, under the Code of defines the rights of the 4,h class of natural per­ Ge,rgia, renders it unnecessary for me to enter sons, designated as persons of color, giving them into an investigation of the question, whether the right to make contracts; sue and be sued, the X!Vth amendment of the Constitutirn of give evidence, inherit, purchase and sell proper­ the Uni ,;d States, or the second section of the ty; and to have nrn.rital rights, security of per­ first article of the constitution of Georgia, which son, estate, &c., embracing the usual civil rights in substance is i,lentical with the XIVtll amend­ of citizens, but does not confer citizenship. '.l'hus ment, confe1s upon colored citizens the right to the Code stood prior to its adoption by the new hold office. If the respondent in this case acquires con.sti tntion. the right by grant found in either of the said As already shown, it was adopted in subordi­ Constitutions, or in the Code of this State, it i, nation to the constitution, and must yield to the sufiiciont for all the purposes of the case at bar, fumlamental law wheneve~ in conflict with it. and entitles liim to a reversal of the judgment of In so far as the Code had conferred rights on the the court uelow, whic!:i. was adverse to his right. colured race, there is no conflict and no rfpeal. 'fhe third paragraph of the 9th article of the The constitution took away no right then pos­ constitution of this State adopts, in suuordina­ sessed by them under the Code, b .t it enlarged tion to the Constitution of the United States their rights, its defined in the Code, by conferring and the laws and treaties made in pursuance upon them the right of citizenship. It trans­ thereof, and in subordination to the said consti­ ferred them from the 4th class of natural per­ tution of this State, the" body of laws known as sons, under the above classification, who were the Code of Georgia, and tbe acts amendatory denied citizenship by the Code, to the 1st class, thereof, wbich mid Code and acts are emb<'died as citizens. 1 in the printed book known as Irwin's Code," 'l'he 46th section of the Code limited citizen­ "except so much of the said several statutes, ship to white persons. 'l'he constitution struck Code, and laws, as mav be inconsistent with the out the word white, and made all pernons born supreme law herein recognized." or naturalized in the United States, and resident The Code, section 1646, classifies natural per­ in this State, citizens, without regard to race or sons into four classes: 1st, citizens; 2d, resi­ color. It so amended section 46 of the Code as dents; 3d, aliens; 4th, persons of color. greatly to enlarge the class of citizens; but it Section 46 of the Code decla.res that all white repealed no part of section 1648, which defines peri'ons born in this State, or in any other State the rights of citizens. of this Union, who are or may become residents It did not undertake to define the rights of a of tliis State with the intention of remaining citizen. It left that to the legislature, subject herein; all white persons naturalized under the to such guarantees as are contained in the con­ laws of the United States, and who are or may stitution itself, which the legislature cannot take become residents of this State witll the inten­ away. It declares expressly that no law shall tion of remaining herein; all persons who have be made or enforced which shall "abridge the obtained a. right to citizenship under former privileges or immunities of citizens of the Uni­ laws, and all children, wherever born, whose ted States or of this State." It is not necessary father was a citizen of this State at the time of to the decision of this case to inquire what are the birth of such children, or in case of posthu­ the "privileges and immunities ' of a citizen mous children at the time of his death, are held which are guaranteed by the XIVth amendment an,! deemed citizens of this State. to the Constitution of the United States and by By the Code the distinction is therefore clearly the constitution of this State. Whatever they drawn between citizens who are white persons may be, they are protected against all abridg­ and persons of color. men t Ly legislation. This is the full extent of In other words, none are citizens under the the constitutional guaranty. All rights of the "printed book known as Irwin's Code" but citizen not embraced within these terms, if they white persons. Having specified the class of do not embrace all, are subject to the control of persons who are citizens, the Code proceeds, in the legislature. se,.tion 1648, to define some of the rights of citi­ Whether the "privileges and immunities" of zens, as follows: the citizen embrace political rights, including "Among the rights of citizens are the enjoy­ the right to hold office, I need not now inquire. ment of personal security, of personal liberty, If they do, that right is guaranteed alike by the private property and the disposition thereof, Confstitution of the United States, and the con­ the elective franchise, the right to hold office, tQ stitution of Georgia, and is beyond the control Page 80] JUDICU.L DECISimrn, ETC. 471 of legislation. If not, that right is sul,ject to the resi_de. No Stn.te shall make or enforce any law control of the legislature, as the po1,ular voice which shall abridge the privileges or immunities may dictate; aml in that case the legislature of citizens of the United States." would have powBr to grant or restrict it at pleas­ The constitution of this State declares that ure, in case of white persons as well as of per­ •' all persons born or naturalized in the United sons of color. The constitution of Georgi:. has States, and resident in this State, are hereby de­ as far as the XlVth amendment has gone, clared citizens of this State, and no laws shall be but no further. An [J,Uthoritative consLruction made or enforced which shall abriJ. their nature convertible blood in .his vein\ who claims to be lawfully en­ and synonymous. All officers under lhe crown titled to hold and exercise the duties of the office carrv, in the eye of the law, an honor along with of clerk of llrn superior court of Chatham county, them, because they imply a superiority of parts and the question presented for onr consideration and abilities, being supposed to be always filled and judgmenl, is, whether a person of color, of with those that are most able to execute them." the description mentioned in the record, is legally (1 Bl. Com., 271, 272.) Officers, says Blackstone, entitled to hold office in this State, under the con­ have a right to exercise a public or priv:i.te em­ stitution and laws thereof? ployment, and to tako the fees and emoluments 'l'he XIVth amendment to the Constitution theret,nto belonging, and are also incorporeal of the United States declares that" all persons hereditaments. (2 BL Com., 36.) born or naturalized in tho United States, and All citizens of the State, whether white or col­ subject to the jurisdiction thereof, are cit_izens of ored male or female, minors or adults, idiot or the U '1ited States and the State wherem they lunatic, are entitled to have all the privilegea 472 POLITICAL MANUAL, [l'art lV. and immunities of citizens, but it does not follow according to their rights anrl st,itus, into, 1st that all of these different classes of citizens are citizens; 2d, residents, not citizens; 3d, aliens; entitled to hold office under the public authority 4th, persons of color." of the State because the privileges and immnni­ The persons to whom belong the right~ 0f ties of citizens are secured to them. The State citizenship and the mode of acquiring and in this country, as the crown in England, is the losing the same have been specified in a former fountain of honor and of office, anil she who de­ article, (referring to article 46, before cited.) sires to employ any class of her citizens in her Among the rights 0f citizens are the enjoyment service is the best judge of their fitness and of personal security, of personal liberty, private qualifications therefor. An officer of the State, property and the disposition thereof, the eler.tive as we have shown, "hath to do with another's franchise, the right to hold office, to appeal to affairs against his will au1 without his leave," the courts, to testify as a witness, to perform and such officer must have the authority of the any civil function, and to keep and bear arms. State to perform these public duties against the All citizens are entitled to exercise all these will of the citizen and without his leave. This rights, as such, unless specially prohibited by authority must be conferred upon the citizen by law. (Sections 1647, 1648, 1649, 1650, 1651, some public law of the State from that class of 1652, 1653 of the Code.) her citizens which, in her judgment, will best It will be remembered that, at the time of promote the general welfare of the State. The the adoption of the Code, in 1863, the defend­ right to have and enjoy the privileges and im­ ant was not a. citizen of this State, and was not munities of a citizen of the State does not confer recognized by the Code as a citizen thereof. By upon him the right to serve ·the State in any the 1646th section the status of the defendant official capacity until that right is expressly is defined to be that of a. person of color, anrl granted to him by law. 1Ir. Justice Curtis, in not that of a citizen. his dissenting opinion in the case of Dred Scott The revised Code, adopted by the constitution v. Sanford. 19 How., pp. 3 and 5, says: "So in of 1868, includes the act of 1866, which declares all the Stales, numerous persons, though citi­ that" all negroes, mulattoes, mestizoes, and their zens, cannot vote or cannot hold office, either on descendants, having one-eighth of negro or Af­ account of their age or sex, or the want of the rican blood in their veins, shall be known in necess,uy legal qualifications." (Corfield v. Cor­ this State as persons of color," anrl especially vell, 4 Wash. C. C. Rep., 1 and 3, to the same defines their legal rights, but the right to hold point) office is not one of them. ( Revised Code, sec­ The defendant, therefore, cannot legally claim tion 1661.) any right to hold office either under the XIVth It is true that since the adoption of the Code amendment of the Constitntion of the United the defendant has been made a citizen, but all States or the constitution of this State, which the legal rights conferred upon citizens by the make him a citizen, and guarantee unto him the Code wer11 conferred upon that class of persons privileges or immunities of a citizen, for he may only who are declared and recognized by the well have and enjoy all the privileges and im­ Code as citizens of the State at the time of its munities of a citizen in the State without hold­ adoption. When the Code declares that io shall ing any office, or exercising any public or official be the right of a citizen to hold office, such right duty under the authority of the State. is confined to that class of persons who are 'l'be privileges and immunities of a citizen of recognized and declared therein to Le citizens the State do not confer the legal right to hold of the State, and not to any other class of per­ office under the public authority of the State sons who might thereafter become citizens. So, and receive the emoluments thereof. Does the where the Code declares that "all citizens are public law of the State, recognized and adopted entitled to exercise all their rights as such, un­ by the constitution of 1868, (known as Irwin's less prohibited by law," it is applicable to that Code,) confer upon the defendant the legal right class of persons on! y who were. declared to be to hold office in this Slate? citizens of the State at that time, and not to any The Code took effect as the public law of this other class of persons who might thereafter be ' State on the 1st day of January, 1863. By the made citizens of the State, such as Chinese, 46th section thereof it is C:eclared, "All white Africans, or persons of color. The truth is. persons born in this Stale, or in any other State that the public will of the State has never been of Lhis Union, who are or may become resi. expressed by any legislativb enactment in favoi dents of this State, with the intention of remain­ of the right of the colored citizen to hold officE ing herein; all white persons naturalized under in this State Rince they b;;came ~itizens thereof. the laws of the United States, and who are or Although these several classes of persons might may become residents of this State, with the be made citizens of the State, with the privileges intention of remaining herein; all persons who and immunities of citizens, still they could not have obtained a right to citizenship under former legally hold office under the authority of the laws; and all children wherever born whose State until that right shall be conferred upon father was a citizen of this State at the time of them by some public law of the State, subse­ the birth of such children, or in case of posthu­ quent to the time at which they became citizens, mous children at the time of bis death, are held so as to include them in its provisions. The pub­ and deemed citizens of this State. Persons lic will of the State, as to the legal right of that _ having one-eighth or more of negro or African class of her citizens to hold office, has never been blood in their veins are not 'white persons in affirmatively expressed; but, on the contrary, the moaning of this Code. The 1646th section when the proposition was distinctly made in the declares, that 'Natural persons are distinguished convention v:bich formed the present constitn­ Page 91] JUDICIAL DECISIONS, ETC, 473 tion to confer the right upon colored citizens to hold office in the State, the other cannot· and hold office in this State, it was voted down bv a until the State shall declare by rnrne legislative large majority. (See Journal of Convention: p. enactment that it is her will and desire that her 312.) So far as there has been any expression of colored citizens shall hold office under her author­ the public will of the State as to the legal right ity, they cannot claim the legal right to do so, for of that class of citizens known as colored riti· we must not forget that the State -is the fountain zens, and since they became such, to hold office and parent of ,,fl.ice, and may confer or refuse to in this State, it is against that right now claimed confor. the rigl,t to hold office upon any class of by the defendant. her c1t1zens she may tlunk proper and expedient. The insurmountable obstacle in the way of the When a new class of persons are introduced defendant claiming a legal right to hold office in into the body politic of tlrn State and made citi­ this State under the provisions of the Code is the zens thereof, who cannot claim a common-law fact that he was not a citizen of the State at the right to hold office therein, it is incumbent on time of its adoption. The class of persons to them to show affirmatively that such right has which he belongs were not recognized by it as been conferred upon them by some pu ulic law of citizens, and therefore he is not included in any the State since they were made r.itizens thereof, of its provisions which confer the right to hold to entitle them to have and enjoy such right. In oflice upon the class of citizens specified in the other words, they must show the public law of the Code. The Code makes no provision whatever Stat,e enacted si'lce they became citizens thereof, for colored citizens to hold office in this State; which confers the legal right claimed, before they all its provisions apply exclusively to white citi­ can demand a judgment of the court in favor of zens and to no other class of citizens. such legal right. · 'l'he convention which framed the present All male white citizens of the State, whelher State constitution, and declared persons of color native born or naturalized citizens, (having the to be citizens, could have confrrred the right upon necessary le!(al qualifications,) have a common· them to hold office, but declined to do so by a law right to hold office in this State; and, in or­ very decided vote of that body, and went before der to deprive them of that common law right, a. the people claiming its ratification upon the prohibitory statute is necessary. .A naturalized ground that colored citizens were not entitled to citizen had a common-b.w right to hold the office hold office under it; and there can be no doubt of Presideut of the United States; hence the pro· that thd people of the State voted for its ratifi­ hibition in the Constitution of the United States. cation at the ballot-box with that understanding. But colored citizens of the State, who have re­ But now it is contended that the defendant, cently been made such, cannot claim a common­ though a colored person, is made a citizen of the law right to hold office in the State, as no pro­ State and of the United States, and that no en­ hibitory statute is nec~ssary to deprive them of abling act has ever been pa.~sed to allow a natu· a right which they never had under the common ralized citizen to hold office in this State when he or statute law of the State. When, therefore, possessed the other requisite qualifications pre· it is said that colored citizens have the right scril,ed by law; that the defendant, having been to hold office in the St:1te, unless specially pro­ made a citizen of the State, is entitled to hold hibited by law, it must be shown affi:·mati vely office in the same mannQr as a naturalized citizen that they had previously enjoyed that rigi,t. If could do. The reply is, that naturalized citizens they cannot show their right to hold office in th.e were white persons, and as such had a common­ State, either under the common law, the consti­ law right to hold office-a right founded upon tution, or statutes of the State, the fact that they immemorial usage and custom, which has existed are not specially prohibited from exercising a so Jong that" the memory of man runneth not to right which they never had amounts to nothing, the contrary." The 1644th section of the Code so far as investing them with the right to hold simply affirms the common law as to the right of office is concerned. a white citizen to hold office in this State. No When and where and by what public law of such common.law right, however, can be claimed the State was the legal right to hold office there­ in this State in favor of persons of color to hold in conferred on the colored citizens thereof? If office. Tiiey have but recently become entitled this question cannot be answered in the affirma· to citizenship. and have never held office in this tive, and the legal authority under which the State. In 1848. in the case of Cooper and Wor· right is claimed cannot be shown, then the argu­ sham aqainst The l\Iayor and Aldermen of the ment, t:iat inasmuch as there is no special pro· City of Savannah. (4 Ga. Reps, 72) it was unani­ hibition in the law against the right of colored mously held and decided by this court, that free citizens to hold office, falls to the ground. If ,persons of color were not entitled to hold any there was no existing legal right to. hold offi~e civil office in this State. The naturalized white to be prohibited, the fact that there_is no prolu­ citizen can claim his common-law right to hold bition does not confer such legal nght. There office in this State; the colored citizen cannot was no legal necessity to prohibit that which did claim any such common-law right, for the rea· not exist. son that he has never exercised and enjo,ed it; It is r.ot the business or duty of courts to and that constitutes the difference betv;een the make the laws, but simply to expound and en­ legal right of a naturalized white citizen to hold force existing laws which have been prescribed office in this State, and a person of color who has by the supreme power of the State. recentlv been made a citizen "since the adoption After the most careful examination of this of the Code, and who is not embraced within its question, I am clearly of the opin!on that there provisions." is no existing law of this State which confers the The one can claim his common-law right to right upon the colored citizens Jhereof to hold 47--:l: POLITICAL :MANUAL. [Part IV. office therein, and, consequently, that the defend­ with the social status, the very reverse is true. ant has no legal right to hold and exercise tl,e Tliat section of the constitution forever pro­ duties of the office which be clu.ims under ber hibits legislation of any character regulatin" 0 authority, and that the judgment of the court or interfering with the social stattrn. below, overruling the demurrer, should be af­ It leaves social rights and status wnere it firmed. finds them. It prohibits the legislature from repealing any laws in existence which protect Intermarriage of White and Colored Persons in persons in the free regulation among themselves Georgia. of matters properly termed social, ·and it also prohibits the enactment of any new laws on 0PH,I0N OF THE SUPREME COURT OF THAT STATE. that suLject in future. Chnrlotte Scott. plaintiff in error vs. Tim Stnte of Gcor­ As illustrations, the laws in force when the µ:ia, defendant in error. Indictment for adultery and constitution was adopted left the churches in fl)rnicn.tion, from Dougherty county. this State free to regulate matters connected Brown, C. J., dP.livering the opinion. with social status in their congrega1ions as The record in t·~.s case presents a single ques­ they thought proper. They could say who tion for the consi,1.erntion and adjudication of should enter their church edifices and occupy this court: IIave white persons and persons of seats, and in what order they should be classi­ color the right, under the constitution and laws fied or seated. They could say that Jemales of Georgia, to intermarry, and live together in should sit in one part of the church and males this 1'tate as husband anti wife Y '!'he question in another; and that persons of color should, if is distinctly rnade, and it is-our duty to meet it they attended, occupy such seats as were set fairly and dispose of it. apart for them. In all this they were protected 'l'he Code of Georgia, as adopted by the new by the common law of this State. Tl,e new con­ constitut10n, sec1ion 1707, forever prohil,its the stitution forever guarantees this protection, by marriage rel,,t1011 bet.ween the two. races, and denying to the legislatnre the power to pass dechi.re-s all rnch marriHges null and void. any l::1w withdrawing it or regulating tl,e social With the policy of tl11s law we have nnthing status in such assemblnges. to do. lt is our duty to declare what the law And I may here remark, that precisely tbe is, not to rnake law. For myself, however, I do same protection is guaranteed to the C<>lored not hesitate to say that it w'as dictated by wise churches, in the regulation of social status in statesmanship. and has a bro::1d and ~olid fonn­ their assemblages, which is afforded tlie whites. dation i'l enlightened policy, sustained bysonnd Neither can ever intrutle upon the other, or reason and Colllmon sense The amalgamation interfere with social arrangements without their of the races is not only unnatnrnl, but is always consent. • productive of deplorable results. Our d:l.ily ob­ The same is true of railroad and steam boat servation shows us that the offsnring of these companies and hotel keepers. By t!Je hi.w in unnatural connections are generally sickly and existence at the time the constitution was effomina1e, and that they are inferior in physical adopted, they were obliged to furnish comforta­ develo1,lllent and strength to the full hlood of ble and convenient accommodations, to the either race. lt i• sometimes urged that such extent of their capacity to accommodate, to all marriage• should be encour"ged for the puq,ose who applied, without regard to race or color. of elevating th\' inferior race. The reply is, that But they were not compelled to put persons of such connections never etevate the infenor race different rnces or of different sexes in the same to the posit1011 of the rnperior, but they bring cars or in the same apartments, or seat them at dov-. ,1 the superior to that of the inferior. They the same table. This was left to their own dis­ are produc1i,·e of evil and evil o:ily, without any crition. They had power to regulate it accord­ co•responding good. ir.g to their own notions of prop.. iety, and to I de not proi,ose to enter in lo any elaborate dis­ classify their guests or passengers according to cussion of the question of policy at this time, but race or sex; and to place them at hotels in dif­ only to express my opinion after maturA consid­ ferent houses or different parts of the rnrne house; eration and rdlection. or on railroads, in different cars; or on steam­ Tl,e powt:r of the legislature over the subject­ boats, in different parts of the vessel; and to ma11er. wi,en the Code was adopted, will not, give them their meals at different tables. When I suppose, be questioned. The legislature cer­ they had made public these regulations, all per­ tainly ha_d as mu,·h right to regulate the marriage sons patronizing them were bound to conform to relat1011, by prohibitrng it between persons of them, and those who did not like their regula­ different races, as they had to prohibit it be­ tions must seek accommodations el sew here. tween per8ons within the levitical degrees, or There was no law to compel them to group to­ be1 ween idiots. Both are necessary and proper gether, in social connection, persons who did regulations. And the regulation now under con­ not recognize each other as social equals. sideration is equally so. To avoid collision~ and strife, and to preserve Hut 1t has Leen urged by the learned counsel peace, harmony, and good order in society, the for the plaintiff in error, that the section of the new constitution has wisely prohibited the legis­ Code under consideration i~ in conflict with the lature from enacting laws compelling these com­ eleven1h section of the first article of the.con­ panies to make new social arrangements among stit11t1on of t!ii, State, which declares that "the their patrons, or to disturb those in existence. sot,i,d s1a1us ol the cirizen shall never be the The law shall stand as it is, says the co~tu­ sulije~t of ltg1,la1ion." tion, leaving each to regulate such matters as lu so far as thA marriage relation is connected they think best, and there shall be no legislative Page 93] JUDICIAL DECISIONS, ETC. 475 interference. All shall be comfortably accom­ prohibiting all such marriages and declaring modated, but you shall not be compelled by law them to be null and void. ' to force social equality, either upon your trains, Let the judgment of the court below be your boats, or in your hotels. affirmed, The same remarks appiy to the regulation of social status among families, and to the social Opinion of Attorney General Hoar as to the Ju­ intercourse of society generally. risdiction of Military Commissions in Texas. This, in my opinion, is one of the wisest pro­ ATTORNEY GENERAL'S OFFICE, visions in the constitution, as it excludes from Nay 31, 1869. the halls of the legislature a question which was Hon. JOHN A. RAWLINs, likely to produce more unprofitable agitation, Secretary of War. wrangling, and contention than any other subject SIR: Your letter of March 24, 1869, submit­ within the whole range of their authority. ting for my opinion as to proper action to be had Government has full power to regubte civil in the premises in the case of James Weaver a. and political rights, and to give to each citizen citizen o~ Texas, :who was tried before a milit;ry of the State, as our Code has done, equal civil comm~ss10n appom~ed by_ the comman

XLVI.

STATE PLATFORMS OF 1869.* CALIFORNIA, IOWA, lllSSISSIPPI, OHIO, PENNSYLVANIA, VERMONT, VIRGINIA, WASHINGTON TERRITORY.

CALIFORNIA. the material interests of this coast, a reproach upon the intelligence of the American people, Republican, July 22, 1869, and contrary to the spirit of the age. Resolved, That tbe Republican party of Cali- 5. That the Republican party having ever fornia gives its earnest support to the admin- had in its especial keeping the rights of labor istration of President Grant, and do hereby and of the laborer, and removed therefrom the endorse the acts and policy of bis ndmrnistra- bligh,ing curse of slavery, and inaugurated a tion. We recognize the earnest effort of the new era, in which the wages of labor have Government to secure an economical adminis- greatly advanced, while the hours therefor have tration of its affairs, lo reduce expenses, to been corresp0ndingly diminished, claim to have honestly pay the national debt, to prevent pee- originated in this State and steadily supported ulation and fraud upon the treasury, to enforce what i~ known as the "eight-hour law," the the collection of the revenue, and to cause the sound policy of which has been proclaimed by speedy restoration of public confidence in our a lkpublican Congress, and by a proclamation of financial strength and integrity. a Republican President made applicable to the 2. That, the negro question has ceased to be public works of the United States. an element in American polit.ics, and that t.he 6. That we endorse the action of the Senate ratifieation of the XVth amendment to the Con- of th~ United States in rejecting the so-called stilntion ought. to be followed by an act of '· Alabama treaty," and comider it the duty of universal amnesty and enfranchisement of the the general Government to demand full repara­ soulhern people. tion for the injuries inflicted by the British 3. Tlrnt we regard with pride and satisfaction Government and ber people upon our commerce the evidences of an increasing immigration to during the la•e rebellion. this St.ate of industrious and intelligent people 7. That we are in fa\'or of imposing upon from the Atlantic 1::ltates and Enrope, with whom all kinds and classes of taxable property in the we are anxious to share the benefits of a fruit,- State an eqnal share of tbe burdens of taxation, fol soil, a genial climate, and an advancing and to that end favor the organization of a civilization; but, while giving preference to the Stat& hoard of equalization or review, that the immigNtion of people of our own race, we hold inequalities now existing under the present that unoffending emigrants from China to this system of assessment and collection of the i:ltate State areentnled to full protection for their lives, revenues may be avoided. liberty, and property, and due process of law to 8. That we are opposed to grants of State aid enforce the same, but we are opposed to Chrnese to railroads, and are in favor of limiting taxation suffrage in any form, and to any change in the to the amount of revenues absolutely requisite naturalization law~ of the United States. Ito pay the actual expenses of the State Govern­ 4. That we recognize the power of the general ment, and to maintain the financial credit of the Government to restrict or prevent Chinese im- i:\tace. migration whenever the welfare of the nation · 9. That we hail with joy the return of peace, demands such a measure, by terminating our and the promising signs of an increa,ing de­ commercial relati0ns with China, but it should vdopment of the country and the permanent be considered that the adoption of a non-inter- prosperity of the whole people. We earnestly course policy in respect to China surrenders to invite the co-operation n.t the ballot-box of all Europe the commerce of the empire of Asia. We who agree to the foregoing declarations, regard­ believe that the general prosperity will be great- less of old party ties or previous differences ly enhanced by fostering commercial intercourse of opinion upon the now settled questions of with Asia, and that the closing of our ports at this slavery, rebellion, reconstruction, and negro time against Chinese would be most injurious to suffrage.

•It is deemed inadvisable to enlarge this chapter and volume by presenting all the State platforms. S 1ch only are given as are of most significance and recent date. Page 97] STATE PLATl/011.)IS. 47D

Democratic, :funG 29, 1869. natural ~cquence, the c,cction of au empire upvn WherQas. upo~ the eve of a political canvass the ruins of constitutional liberty. the time-honored usages of our party rcciuire 7. That tl,o D,·mocracy of California 1clieve that a platform of principles bo announcell for that tho labor of our whito r,opuli,tion should the government of those who may b~ elected lo not be brought into competion with tho lubor political. oilice; and w~1ereas new qt1est1ons have of a cla~s of inferior people, whose living costs arisen smce the mtetmg of the last Democratic comparatively nothing, and who add nothing convention, making such action eminently prop­ to the wealth of our churches, schools, societies, er~ therefore, and social and political institution\. . 8. That we arraign tho Radical party for its Resolced, That the Democracy of Californian ow ,rofligacy, corruption, and extravagance in pub­ and always confide iu the intelligence, patriot­ ric expenditures; for its tyranny, extortion, and ism and discriminating justice of the white peo­ disfranchiseu1ent; for its contempt of constilu· ple ~f the country to administer and control their ti_onal obligations; for placing the city of Waoh· Government, without the aid of either negroes or ington in the hands of semi-civilized ,Africans; Chinese. and we particularly coudemn the appointment of 2. That the Democratic party view with alarm healthy and able-bodied negroes to office while tue action of an unscrupulous majority in Con­ the land is filled with capable white citizens who gress in their attempts to absorb the powers of the are sulfering for the common necessaries of life. executive and judicial departments of the federal 9. That we hc,artily endorse and approve of Government, and to annihilate the rights and func­ the manner in which the Democracy Lave ad­ tions reserved to the' Stale Governments. ministered the State government, and poiut 3. That the subjection of the white population wilh pride to tho acts to protect the wages of of the southern States to the rule of a mass of ig­ la.bar, to lesson public and official expenses, and no~ant n!lgroes, their disfranchisement, and the to the fact that,

2. That we 10sist upon~ continuance of strict sptem as shall promote commerce with every and clorn economy in all departments of our nation of tho world. State government, in order to the maintenance 4. That the pretended trial, conviction, and of the happy and exceptional financial condition execution of persons not belonging to the mili­ to which our State has attained under Republican. tary or naval service of the United Statrs, by rule. military commission, is in direct conflict with 3. That the means now in the State treasury, the Constitution, ·and we denounce the same as and which mn.y become available, ought t:> be ·unworthy of a free people, and disgraceful to used for the purpose of defraying the necessary the American Government. . , expenditures of the State government economi' 5. That we demand no more, and will submit cally administered, and for no other purposes; to nothing less, than the settlement of Lhe Ala­ and no State taxes, or only the minimum abso­ bama claims according to the recosnizod rules lutely required, shoulci be levied er collected of international law, and that wo cteclare it to until such means are exhausted, to the end that be the duty of the government to protect. every the burden of .taxation may.be made as light as citizen, whethet naturalized or native, in every' possible. right of liberty and property throughout the 4. That we rejoice in the glorious national world, without regard ta the pretended claims victory of 1863, w hicb bas brought peace and of foreign nations to their allegiance. happiness and,prosperity to our nation, and we 6. That we are in favor of, and insist upon, an heartily Glldo'rse the administration of General economical adn,inistration of the national and Grant. State Governments, that the, people may be as 5. That the Republican party of Iowa, being speedily as possible relieved from the load of among the first since the rebellion to incorporate taxation with which tlrey are now oppressed, in a State constitution the great principle of im­ and that the public officers should be-held to a p:1rtial suffrage, cordially accepts the opportunity strict accountability to the people for all their presented by adopting the XVth amendment to officijl acts. the Consti tut.ion of the United States of making 7. That a national debt is a national curse,· the principle national. and tha't while we favor the payment of our 6. That the public exp en di tu res of the national present indebtedness according to the strict Government should be reduced to the lowest rnm letter of the con tract, we would rather repudi­ which can be reached by a system of the most ate the· same than see it made the means for the rigid economy; that no money should be taken estab\ish~ient of an em.pire upon the ruins of • from the national Treasury for any work of const1tut10nal law and liberty. · internal improvement, or for tlie•erection of any 8. That in the opinion of this cqnvention the public buildings not clearly neceRsary to, be made so-called 1Iaine liquor law, that now disgraces or erected until the national debt is paid or the statute-books of the State of Iowa ought to greatly reduced; that all the money that can be be repealed at the earliest possible moment. saved from the national revenue honestly col­ The following resolutions were offered and lected should be applied to the reduction of the rejected: . national debt, to the end that the people may be Resolved, That we are in favor of the repeal relieved from the burden of taxation as r~pidly of the present prohibitory liquor la,v, believing as practicable. it inadequate to accomplish the purposes de­ 7. That we endorse and 1!.pprove the policy signed by it, and as a substitute for the same which ~he present Secretary of t'b.e Treasury of we are in favor of the enactment of a stringent the Umted States has purRued. license law. 2. That we are opposed to the proposed Democratic, July 14, 1869. XVth amendment to the Federal Constitution. ·whereas upon the eve of a political canvass the time-honored usage of our party requires MISSISSIPPI. that a platform of principles be announced for the government of those who may be elected to Republican, July 2, 1869, offiee: The Republicans of Mississippi, iu convention Resolved, That the Democratic party view assembled, in a spirit of amity and peace toward with alarm the action of an unscrupulous ma-. their opponents, and of justice to themsQJves, jority in Congress, in their attempt to absorb make the following declaration of principles and the powers of the executive and judicial depart­ policy: . . •. ments of the Government, and to annihilate the 1. Unfaltenng devotion to the T:Jmon, first, rights and, functions reserved to the State gov­ last, and forever. · ernments. ·2. Faith in and fidelity to the principles, ob­ 2. That we favor a reform in the national jects, and aims of the great national Republican banking system looking to an ultimate abolish• party, with which and with the President and ment of that pernicious plan for the aggrandize­ Congress we are in full accord and sj-mpathy. IJ:\ent of a few at the expense of the many. 3. A fair, impartial. just, and economical ad­ 3. '[hat now, as in times past, we are opposed ministration of the Government, national and tq a high protective tariff, and that we will use State. · every effort to prevent and defeat that system 4. Full and unrestricted right of speech to all of national legislation which would enrich a men, at all tim(ls and all places,. with the moat small class of ma1fofacturers at the expense of co,mplete 'and unrestrained freedom of the ballot, the great mass of producers and consumers, and including protection to citizens in the exercise . that we are in favor of such reforms in our tariff of the suffrage. • Page 99] STATE PLATFORl\IS. 481

5. A system of free schools which shall place with no success j p-lans to in~rease our popula­ the means of liberal educaLion within the reach tion m~1st embra~e all count~ies, climes, people, of everv child in the State. professions_, politics, and religious beliefs; any 6. Reformation of the iniquitous and unequal plan stopping short of this, or hesitating to give taxation and assessments which, discriminatin'g a practical, earnest, cordial welcome to settlers against labor and laborers, have borne so un­ without_ regar_d to race,.color, l?cality, politics: justly and unequally upon the people. . or rehg10n, will meet with merited failure, be­ 7. That all men, without regard to race, color, cause indicating the existence of bigotry and or previous condition, are equal before the law; m tolerance. a,nd that to be a freeman is to possess all the civil 14. We recognize in General Grant the chosen and political rights of a citizen, are not only en­ leader o~ our party an_d 9ause, as well as the rep­ during truths, but the settled and permanent resentative man of the age. As Washington was doctrines of the Republican party. · · _ in his time, so is Grant now "first in ·war, first 8. This convention recognizes bu~ two great in'peace, and first in the hearts of·his country­ · national_ parties; that under the administration men." Through his election, peace, toleration; of the one, the material and industrial resources and prosperity at last dawn upon Mississippi, 'of the country will languish, whilst under the and ere long throughout these State's the old flag liberal and fostering care of the national Republi­ and the ancient principles he and it r'epresent, can party, commerce, manufactures, and intern,i,l will be res,pected, adopted, and adored. The improvements by the General Government will magic words, "Let us• have peace," possess a surely make the people of 1'Iississippi what power, and have a mission, which will embrace nature, soil, and climate intend they should be the whole world, and will cease only with time. -rich, prosperous, and contented. 15. We endorse and adopt his language, "that 9. Recognizing as peculiarly American and the question of suffrage is one which is likely to republican the sentiment that the true basis of agitate the public so long as a portion of the government is -the "consent of the governed," citizens of the nation are excluded from its priv­ \vhich, in a republic, is expressed through the ileges," and, in his own words, we "favor such ballot-box, we, in the language of the Chicago constitution and laws as will effectually secure platform, "favor the removal of. the disqualifi­ the civil and political rights of all persons," a cations and res~ictions imposed upon the late consummation we devoutly desire at the earliest rebels in the same measore as the spirit of dis~ practicable moment, with safety and justice to loyalty may die out, and as may be consistent all. · , with_ the safety of the loyal people;" and we 16. '\Ve confide in and will support Major Gen­ shall hail with unfeigned delight the day when eral , military commander and the spirit of toleration now dawning upon our governor of this State. We look to him as the Stat-e shall be so firmly established as to warrant representative of the President and of Con)!ress, Congress and the nation in declaring disabilities and regard him as able and firm in peace as in and restrictions forever at an end~when tliere war; his quiet yet decided administration com­ shall be no citizen of :Mississippi clamoring for mands our confidence and admiration. For his his rights. ­ order relieving the poor of a heavy burden and 10. That the present modified condition of pub­ unequal taxes, and for the order abolishing dis­ lic sentiment in this State renders it wise and tinction of color for the jury, and for the marked expedient_ that the Republican party should em­ ability and independence displayed by him, the brace the opportunity which is to be presented loyal people owe him a debt of gratitude which in the approaching election of ratifying th~ new they can never repay, save by a life of like devo­ constitution, so far modified in the franchise and tion to the principles he represents. general provisions thereof as to conform to the 17. We look to Congress as the assembled Constitution of the United States and the recon­ wisdom and expressed will of the nation. At struction laws; and, that, as soon as- Mississippi whatever cost of obloquy or life, we shall in the' shall be fully reconstructed, according to the true future, as in the past, yield our unwavering intent of tlrn laws, all disabilities imposed upon fidelity to the laws and policy of the national the late rebels should be entirely removed. . legislature. A united nation and the principles 11. That we favor the prompt ratification by of liberty owe their existence to-day to the firm­ t.his State of article XV as an amendment to the ness, patriotism, and wisdom of a Republican Constitution of the United States at the earliest Congress. practicable opportunity. 12. We dedare for universal amnesty and. uni­ Conservative Republican, June 23. versal suffrage, the enlightened spirit of the age Resolved, That this convention now proceed demanding that the fossil remains of proscription to organize the National Un/on Republican party must be numbered with the things of the past. of the Sta.ta of Mississippi. 13. The languishing condition of our State, 2. That we express our unfaltering devotion ·notwithstanding her genial climate a.nd produc­ to the great principles of the National Union tive· soil, capable of sustaining and inviting a Republican party, and that ·we look forward population of 15,000,000, reminds us not only with hope and confidence to. the early restora· of the necessity of reconstruction on a proper tion of our Sta.ta government m accordance with basis, but of the need of immigration. Schemes the reconstruction laws of tlie Congress of the designed for class immigration, such as laborers United States. . only, or favoring one section, or country, or peo­ 3. That the repeated failures of all former and ple, or portions of people, over another, on ac­ existing organizations to restore the State and to count of political or any other causes, will meet meet the requirements of the republican spirit 31 . 482 POLITICAL ¥AXUAL, [Part IV.

of our institutions, by insisting upon measures administrations of Washington and Madison, of proscription far exceecling the provisions of and t11at will insnre to Congress the unrestricted the Constitution of the UniteJ. States and the exercise of its constitutional functions, and to reconstruction acts of Congress, have rendered the people their rightful control of the Govern­ them unworthy of the respect and confidence of ment. the voters of Mississippi. 3. That the abolishment of slavery was a 4. That, in the janguage of President Grant, natnral and necessary consequence of the war "the question of suffrage is one which is likely of tl~e rebellion, and that the reconstruction to agitate the public so long as a portion of the measures of Congress were measures well adapt­ citizens of the nation are excluded from its privi­ ed to effect the reconstrnction of the southern leges in any State;" anq therefore we sincerely States and secnre the blessings of liberty and a favor the addition of the proposed XVth amend· free government; ancl as a completion of those ment to the Constitution of the U oited States. measures, and firmly believing in its essential · 5. That wf! deprecate any attempt to impose just.ice, we are in· favor of the adoption of the . ur.on the people of this State any greater disa­ XVth amendment to the Constitution. lnlities than the Constitution and laws of the 4. That the late Dem.ocratic general assembly, . United States already recognize, and that we in its reckless expenditure of public money; its believe it to be the duty of all good citizens to utter neglect of the business interests of the use every effort to obliterate. tl;ie ·animosities of State by failing to enact the wise and much the past, and to unite in the restoration of a nee~ed financial measures providing for tl1e State government based on the equal rights, assessment and equa)ization of taxation prepared civil and political, of meo of every race. by the commi~sion appointed by the preceding 6. That we express our thanks to the Presi­ g9neral assembly; its hostility to our benevolent · dent and the Congress of the United States for and literary institutions; its failure to carry out rejecting the scheme to impose the rejected con­ the repeated pledges of the Democratic party to stitution upon the people of t.his State, and secure economy -in the State; its extraordinary, affirm our unwavering support of the adminis­ length of session in time of peace, resulting in tration of General Grant. an expense to the State amounting, for the pay 7. That we announce ourselves unqualifiedly of its members" alone, to more t):ian double that in favor of universal suffra.ge, and universal nm­ of the previous general assembly; its malignant ne,ty, upon the restoration of thE, Slat(\.to her attempts to disfranchise disabled soldiers and federal relations, and pledge ourselves in good other citizens of the State; its attempt to take faith to urge upon Congress' the removal of all from .the general Government the right to pur­ political disabilities incurred by participation in sue, arrest, and punish those who violate the the late rebellion. laws made in pursnance of tho Constitution of 8. That the State ex'ecutive committee be au­ the United States, and the vicious acts intended thorized and instructe.d to issue, in behalf of this to d~stroy the power of the nation 'to preserve 'convention, an address to the people of this State, and protect the liberty and safety of its citizens, declaratory of the principles and sentiments J.lf has shown the Democratic party unworthy of the the N ati'onal Union Republican party of Missis­ trust, confidence, and support of an honest and sippi. . patriotic people. , 9. That the State executive committee be au­ 5. That the Republican party of Ohio is in thorized and instructed to issue a call for a State favor of a speedy establishment of a soldiers' convention, compoRed of delegates representing orph'ans' home in Ohio, not only as an act of the different. counties of the State, to meet at justice to the many poor and helpless orphans such time and place as they may deem expedient, of deceased soldiers, bnt as a recognition of the for the purpose of nominating a State and con­ patriotic services of their fathers in the late war, ~ressional ticket. and for the purpose of redeeming tha pledges made by all loyal people to protect the families OHIO, of tho~e who fonght and fell in the cause of human liberty and right. Republican, June 23, 1869, Resolved, That as citizens of the nation, rep­ Democratic, July 7, 1869. resenting the republican sentiment of an honored Resolved, That exemption from tax of over commonwealth, we regard with sincere satisfac­ $2,500,000,000 Government bonds and aecurities tion the fidelity evinced by Genernl Grant to the is unjnst to the people, and onght not be toler­ Republican party, and his policy, both, foreign ated, and that we are opposed to any appr6pria­ nnd domestic, and of his national administration, tion for the payment of the interest on the and pledge our cordial snpport to the measures public bonds until they are made subject to inaugurated to insure conciliation, economy, and taxation. jn~tice at home, and command consideration·and 2. That the claim of the bondholders, that respect 1+broad. . the bonds which were bought with greenbacks, 2. That we hail with the profoundest satisfac­ and the principal of which fa by law payable in tion the patriotic and constitutional declaration currency, should, nevertheless, be paid in gold, r,f President Grant,. in his inaugural address, is unjust and extortionate, and if persisted in that while he will, on all subjects, have a policy will force upon the people the question of repu· to recommend to Congress, he will have none to diation. enforce against the will of the people; a sen ti­ 3. That we denounce the.high protective tariff ment which assures the country of an executive which was designed only in the interests of the administration founded on the models of the manufacturers; that said tariff is Pago 101] 'STATE PLATFORMS. 483

also, by its enormous impositions on salt, sugar, absolute dominion of monopoly and aggregate tcu, col.foe, and the necess(lries of life, unendura- capital over the lives, the liuerty, and the ptop­ blo and oppressive, especially upon the people erty of the toiling masses. of the West, and that we demand its repeal and 10. That we denounce the national bankin6 the substitution of another based upon revenue system as one of the worst out-growths of the principles alone, upon the closest possible ap- bonded debt, which unnecessarily increases the proximation to absolute free trade. . burden of the people $30,000,000 annul\lly unJ 4. That the Democraiic party of the United that we deml\nd its immediate repeal. ' States h:we always been pre-eminently friendly 11. That the trial and sentence to death 1,y to the rights and interests of the laboring men; military commissions of citizens of Texas not in that·they are in favor of a limited number of the military or naval service, when the civil hours iu all manufacturing workshops, the hours courts were in unobstructed exc,rcisi of tl,r,ir. dictated by .the phvsical and mental well-being functions in that State and in the time of 1,ro- · of the laLorer; that they favor the most liberal found peace, and the approval of that s0nlence laws in regard to household and homestead ex- by President Grant., are violations of the mo:,t emption from sale and execution; that they are sacred rights of American citizens guaranteed also in favor of liberal grants of land from the by their constrtutitn, State and federal, and de­ public domain to actual settlers, without any serve and should receive the earnest condemrrn­ cost, and are opposed to the donation of them tion of every lover of liberty and comtitutioual to swindling milroad corporations; and that they government. arc generally frieudly to a system of measures 12. That the numero1,1s palpable and high­ ad,oc.;i,ted by the labor and industrial congresses, handed usurpations of the party in power; their and we pledge the dcmocrntic party, if restored to many public and private acts of tyranny, power, to exercise their influence in giving them trampling under foot the civil law and tho ptactical application. guarantees of the Constitution; their continuing 5, That tbe attacks of Governor Hayes and to deprive sovereign States of representation in Lee upon the doings of the l:l.te. general assem- Congress, and to govern said States by military bly• are false in fact, malicious in spirit, and rule, show thim to be the party of despoti,rn, unwortl1y of gcnllemen occupying their elevated ::md unwo.rthy the confidence and support of ,i positions. free people. 6. That the late genernl asscmLly were called 13. That we extend the right hand of follow- upon to make large and extraordinary appro- shi-p, and recognize as brethren in a common priations to rebuild the burned lunatic asylum, cause, all conservative men, not heretofore Dem­ to provide a reform school for girls, to construct ocrats, who will unite with us in rescuing the a new blind asylum, to -make appropriations tO' Government from the unworthy hands into ·pay oyer $30,000 of a judgment obtained in the whic].i it has fallen; and we pledge the unite,! · supreme conrt of the State in favor of a· life in- and cordial support of the two hundred and surance and trust company, and to meet a defi- fifty thousand Democrats in Ohio, whom we ciency of over $SOO,OOO of the preceding r.epub- .represent, to the ticket nominated by this con­ lican legislature, whiclr, together with the extra vention, and presented by us to the suffrages oi compensation paid to the members, under the the people of Ohio. · law p::ts8ed by the E,epµblican legislature, were provided for without an increase of the State PENNSYLVANIA. levy; and the, appropriations in the_ aggregate · , · . are much less than those of the precedrng RP-pub- Republican, June 23, 1869. lican legislature, without abstracting $SOO,OOO. Resolved, That we rejoice in tl1e glorious na­ from tho relief fund for the maimed and disabled tional victory of 1$G8, which is bringing peace, soldiers and their families. happiness, and prosperity to us as a nation. 7. That we hereby return our thanks to the · 2. That we wholly approve of the principles , fifty-eighth general assembly for their econom- and policv of the ad!llinistration of Ger_ieral ical expenditur-e in the administration of the Grant, and we heartily endorse every sentiment Sta,te government and the exposal of wholesale contained in his inaugural address, and espe-. frauds in the erection of State buildings, whereby cially do hereby ratify and approve the late the people were swindled out of half a million amendment proposed by Congress to the Consti­ of dollars by the negligence of the Republican tution of the United States, and known as the State officials and the dishonesty of others. XVth amendment. 8. That jt is th nght of each State to decide 3. That we have confidence that the general for itself who shall possess the elective franchise administration will wisely and firmly protect the within it; that the attempt to regulate suf- interests an~ dignity of the natio_n i_n respect to fra"e in Ohio by means of the so-called XVth our just claims agarnst Great Bnta1~, an_d that co~titutional amendment is subversive of the we endorse the action of the Senate rn reJectrng federal Constitution. 'the Johnson-Clarendon treaty, known as the D. 'l'hat the policy and legislation of the Alabama claims. · r.adical party directly tend to destroy all the 4. Tlmt we heartilv sympathize with the reserved rights of the States, and convert the struoolincr peoples of all nations in their efforts Republic into a consolidated despotism; that. to attain'\miversal freedom and the invaluable whether such despotism be exercised by an em- rights of man. peror, a presitlent, or a congress, the result 5 That we confidentlv endorse the adrninis­ would be fatal to liberty and good government; tration of General John\V. Geary as wise, eco­ that consolidation in this country means the nomical, and honest, and that it deserves, as ii; 48-1 P.OLITICAL :MANUAL. [Part IV.

has received, the approval of the people of furnish an example and encouragement to .peo­ Pennsylvania; and we especially commend his ple struggling for national integrity, constitu­ uniform efforts to restrain the evils of special tional liberty, and individual tights. legislation. . 9. That the present internal revenue and tax­ 6. That in Hon. Henry W. Williams, our can­ ing system of the general Government is grossly . didate for the ·supreme court, we present a unjust, and means ought. at once to be adopted learned, pure, and patriotic jurist, who will to cause a modification thneof. adorn the high po8ition to which we purpose to elect him. · VERMONT. 7. That we reiterate and affirm odr adherence to the doctrine of rrotection, as proclaimed in Republican, June, 1869. the 9th resolution o the platform adopted at the Resolved, That the Republican Union party of State convention of :March 7, 1866. Vermont hereby affirms its adheren·ce to the car­ s. That we endorse the ticket this 'day nomi­ dinal principles of the-party, and especially the nated, and pledge to it our hearty and cordial exclusion of traitors from the positions of public support. • trust, the right of impartial suffrage, and the in­ tegrity of the public credit. Democratic, July 14, 1869, 2. 'rhat we have confidence that the adminis­ Resolved, That the federal government is lim­ tration will wisely and firmly protect the' inter­ ited in power to the grants contained in the ests and dignity of the nation in respect to ·our federal Constitution; that the exercise of doubt­ just claims against Great Britain, and that, in ful constitutional powers is dangerous to the our judgment, we can afford to wait un'til her ~tability of the Governm~nt and the safety of majesty's government finds it for her interest to the people, and the Democratic party will never make settlement. . consent. that the State of Pennsylvania shall 3. That we wholly approve the principles and surrender her right of local self-government. policy of the administration of President Grant, 2. That the attempted ratification of the pro­ and we particularly commend that point of his posed XVth amendment to the federal Constitu­ inaugural address wherein he declares," I would tion bytheRadicalmembersofthelastlegislature, protect the law-abiding citizen, whether of na­ and their refusal to rnbmit the same to a vote of tive or foreign birth, wheresoever his rights are the people, was a deliberate breach of their offi­ jeopardized, or the flag of our country floats, and cial duty and an outrage upon every citizen of would protec~ the rights of all nations, demand­ the State, and the resolution making such rati­ ing equal respect for our own." fication should be promptly repealed, and the · 4. That we cordially comm6nd the State ticket amendment committed to the 'people at the polls this day nomin;tted, and pledge to its support for acceptance or rejection. such a majority as shall show .that Vermont 3. That the Democratic party of Pennsylvania takes no step backward in her Republican course. is oprosed to conferring upon the negro the right to vote, and we do emphatically deny that there Democratic, ;rune 17, 1869. is any right or power in Congress, or elsewhere, Resolved, That the practical workings of the to impose negro suffrage upon the people of this general Government, as administered by the op­ State in opposition to their will. position to the Democratic party, renews our zeal 4. Thab reform in ·the administration of the and love for the principles of our party. federal and State governments, and in the man­ 2. That we are still in favor of a strict adher­ agement of their financial affairs, is imperatively ence to the Comtitutiun of the United States, as demanded. the safeguard of the States. 5. That the efforts now being made for the 3. That the Democracy, now as ever, make no amelioration of the condition of tl:ie laboring man distinction between citizens, whether of native have our most cordial co-operation. · or of foreign birth, an'd that we sympathize, now 6.. That the legislation of the late Republican as ever, with men of all nationalities striving for Congress outside of the Constitution, the disre­ self-government. gard of the majority therein of the will of the 4. That we are opposed to the present unequal people and the sanctity of the ballot-box in the system of taxation of the general Government, exclusion from their seats in Congress of repre­ and to the corrupt and wasteful expenditures of sentatives clearly elected, the establishment of the -proceeds of such taxation. military governments in the States of the Union, 5. That we prefer a system of government in and the overthrow of all civil governmeot11 accordance with the principles of the Democratic therein, are acts of tyranny and usurpation that party rather than the present system of Radical tend directly to the destruction of all republican rule. government and the creation of the worst forms 6. That we will heartily support the nominees of despotism. this day made. · . · 7. That our soldiers and.sailors who carried the flag of our country to victory must be grate­ · VIRGINIA. fully remembered, and all the guarantees given in their favor must be faithfully carried into Republican, March 11, 1869. execution. Resolved, That the early restoration of the 8. Equal rights and protection for naturaliEed State·of Virginia to the federal Union, clothed nnd native-born citizens at home and abroad. with all the rights and privileges of the most The assertion of American nationality, which favored States, is required by the obligntions shall command tbe respect of foreign lowers and which the Government owes to the several States, Page 103] STATE PLATFORMS.

is necessary to the just inde,penden~e, dignity, law, and the right of the real party of recon­ and character of the State, is demanded by every struct10n to determin~ the manner in which as consider.ation of patriotism as well as of interest; well as the constitution and lo.ws under which but that this return can now take place only un­ the State shall be restored, are all fundamental der the authority of Congress, in the way pointed principles, vital to the success_ of the great work out by the reconstruction.acts, and by th~ adop­ of reconstruction, and to which we now again tion, without change or modification, of the con­ pledge our faith, allegiance, and earnest support. stitution soon to be submitted.to the people, and 4. That no republican form of government can · an election by them of their chosen officials, pub­ long_ exist, or be _wisely administered, where a lic servants, and representatives, which election considerable port10n of the people are disfran­ ought to be immediately held, nor can it be long­ chised, and that the Republican party of the er delayed without serious danger of final dis­ State of Virginia is not in favor of the creation aster. of permanent disabilities, but pleJges its inilu­ 2. That the election of Gtneral Grant has given ence and efforts to secure 'the removal of all the a new guarantee and awakened new confidence disabilities incurred by participation in the late in the full and final triumph of the principles of rebellion from all the citizens of this State, who, the Republican party. Tbe sublime truth that accepting in good faith the results of the war by all men are free and equal will now become a .thei: acts and influence, slrnll cordially co-oper­ great living fact. All persons b'1rn in the United ate in an earnest effort for the restoration of the States and subject to its jurisdiction are citizens State under the reconstruction laws. We believe, not only of the United States, but of any State however, that such disabilities should not be in which they may choose to reside. Nor can re_moved solely on the application of personal any State deny to any citizen within its jurisdic­ friends, nor from mere personal considerations, tion the. equal protection of t~e laws, or the pos­ but because the individual himself possesses such session or enjoyment of an.v right or privilege on superior claims for amnesty as are not possessed account of race, prior condition, or religious faith. by the great body ·of disfranchised persons. We hail with gratitude the President's inaugural 5. That the Repnblican party is the real party adJress: and will never cease to thank him for tell­ of reconstruction; that there can be .no perma­ ing the- American people that while suffrage is nent and just restoration of the State excepting denied to a portion of the citizens of the nation through its instrumentality. That all efforts for there cannot be peace. We pray Almighty God its destruction or demoralization are dangerous that the hope which is expressed for the ratifica­ to the best interests of the State, fraught with tion of the XVth article ot' amendment may fie most serious consequences to the Union men, and, shortly realized, so that hereafter no State of the if successful, must fihally defeat reconstruction federal Union can deny to any citizen the blessed itself; to the preservation of 'the party and its boon of suffrage on account of the accident of organization in their integrity, to its most com­ color, nor ever deny to him wh.o has the right to plete consolidation and its higher ,elevation, we vote the twin privilege, the right to be voted pledge our utmost efforts, while at the same time for. We thank the President, too, for that prompt we open its doors wide, and cordially invite to act of retributive justice which has restored Sheri­ its support, labors, and triumphs, all citizens who, dan and Reynolds to the commands from which rising above mere partizanship, and standing they were removed by an unjust Executive, be­ upon the higher level of statesmanship, embrace cause of their faithful discharge of duly, their the common faith and vital principles which lie noble homage to the rights of humanity, and the at the foundation of true reconstruction, just manly enforcement of the reconstruction laws of equality, lasting peace, and State and national Congress. In this act of justice we reco~nize an­ 'prosperity. . other sure ground for confident hope, that tried 6. That five members of the State central com­ fidelity ·to the Government is to be regarded as mittee, including the chairman thereof, be re­ a virtue, and the support of the Union is to be quested to wait on General Canby, when he shall honorable. We promise to his administration. assume command of this district, and request him our earnest support. We invoke his best pow­ to issue such orders to his officers as shall secure ers and wisest counsels to aid us in aq early, just, the abrogation of all distinctions as to race, color, and lasting reconstruction of our commonwealth. or previous condition, in the selection of juries. 3. That t'oe equality in rights of all the citi­ zens, a just and proper provision for the educa­ Conservative,* April 29, 1869. . tion of the people through public schools open Whereas the people of the State of Virginia, to all, 'a more· equal system of taxation, a rea­ sonable prevision to secure a home, 'the necessa­ *These resolutions were reported April 28, by MeBsrs. ries of life, and the mear,s of earning a support Robert Quid, J.B. Baldwin, J. IL Edmunds, F .. ll1c}Iul­ lcn, L. lf. Amkrson, Jas. C. Campbcl!,A.111osely, W. D. exempt from forced levy and sale; to preserve Haskins, and W. 1'. Sutherlin-a majority of the com­ the p1i,ghted faith of the State by the payment mittee. Messrs. John Goode, Jr., Hugh Latham, and of her honest debts; to do justly by making and J. G-~fason presented the following minority report: . impartially enforcing just and equal laws; to Whereas the people of Virginia, by their del­ enrich the State by developing her resources; to egates duly chosen, met in convention in this city • secure an impartial jury trial by opening the in the month of December, 1868, and, after sol­ jnrj-box to all the male citizens, without regard emn and mature deliberation adopted their "de­ to race or color; to soothe animosities and strife claration of princip'les," setting forth anddeiining by removing the causes of irritation i to create the policy of the white people of the State; friendship and harmony by burying enmities; the And whereas in the said "declaration of prin­ right of the people to frame their own organic ciples," in its own language, did distinctly declare 486 POLIT!CAL l\IANUAL, [fart lV. by tlteir, delegates in convention duly chosen,' met ib corfventiori in this city in the month of that the government of the State and of the Union entitled nn act authorizing the submissi9n of the were form~d by white men to be subject to their constitution, &c., to the vote of. the people, holds control, and that sulirage should be so regulated the restoration of the State suhject to the subsc­ by the States as to continue the system under the quent·action of Congress, and that in this fact control and direction of the white race, and that we find abundant reason to b.elieve olhcr condi­ in the opinion of this convention the people of tions may be imposed upon us. Virginia will sincerely co.operate with al,J men 6. That the act in question imposes a condi- • throughout the Union, o(whatevernameorparty, tion precedent irr tho adoption of the· XVth who will labor to restore the constitutional Union amendment, which is in violation of every prin­ of the St.ates, and to continue its government and ciple of constitutional law, and should nut of those of the States un

Decetiber, 18G7, and appointed an executive ~he c_onstitution framed by the late convention commilleo to organize the counties and cities of m Richmond as may be separntely submitted, tho State·with a view to consolidate the strength and to that encl, as well as to secure the election of the conservative party; • 9f -rroper person? to ~he legislature, the organ­ Ancl whereas the State executive committee 1zat1ons already m existence are exhorted to in­ and city and county superintendents did in tl1e creased activity, and in those localities where month of 1Iay, !SGS, meet in this city and no organizations have been formed the people nominate a State ticket for the su!l'rage of the are earnestly requested to meet torrciher0 and people; aclop_t measure~ for the purpose of preventing .And whereas said executive committee and the mcorporation of such iniquities in the or­ superintendents have again assembled to con­ ganic law of the State. sider the present state of aITairs, and, each can­ 3. That this convention, while exnressinrt its didate, with patriotic desire to promote the ho_stility t.o ',~e leacliog and gener:iJ'featur~s of prosperity and welfare of th'e St:1te,J1as resigned said con~titution, apd while urging the necessity his candidacy: Now, therruore, be it of org~01zat10n for the purpose of defeating such Resolved, Tl1n,t ,this meeting accepts the said pi:ov!Slon! as may be subi!nttecl separately, de­ resignations of said candidates, and hereby .ex­ clmes to. make any recommendation to the presses its high appreciation of their devotion conservative. voters of the State ag to their to the best interests of the State, and of their suITrages upon the constitution expur<'ated of zeal and ability in the discharge of those duties said provisions, or as to the candidates iliat ma:,,­ which their candidacy imposecf on them. be before the people, feeling well assu'red that 2. That notwithstanding the accepted resig­ their good sense and patriotism will leflrl them nations of our nominees, the conservative voters to such results as will best subserve the true of the State are urged to organize for the pur­ and substantial interests of the Commonwealth. poso of defeating such obnoxjous provisions of WASRINGTGN TERRITORY. power, is inconsistent with the express pr.ovisions of the Constitution of the United States, and is subversive 'of the fundamental ideas of our Gov­ Republican . . ernment-and of civil liberty; and the object for Resolved, That the principles of the Republicl'ln which this great wrong has bee'n. persisted in, party, as declared by the last National Republi­ as now being disclosed to the people of this coun­ can convention at Chicago, meet with our hearty try and to the world, to-wit, to subject the approval, and adherence thereto by tli'e nfltional, white people of these States to the absolute su­ State, and territorial legislatures, will secure the premacy, in their local governments and in their peace and prosperity of our country. representation in the Senate and House of Rep­ 2. That we recognize the great principles laid resentatives, of the black race, just emerged from down in the immortal Declaration of Independ­ personal servitude, is abhorrent to the civiliza. ence as the true foundation of democratic gov­ tion of mankind, and involves us and the people ernment, and we hail with gladness ~very effort of the nort~rn States, in consequence of sur­ toward making these principles a living reality rendering one-third of the Senate and one-quar­ on .every inch of American soil. ter of the Honse of Representatives, which are 3. That we re<'ard with great pride and satis­ to legislate over us, to the dominion of an or­ faction the acce~sion of the wise, efficient, and gflnized class of emancipated slaves, who are victorious leader of the American army, General without any of the.training, habits, or tri,tditions Grant, to the' high and honorable position of of self-government. President of the United States, and confidently 5. This convention, fodhepeople of Virginia, rely upon the earnest co-operation of the diITer­ doth declare that they disclaim all hostility to ent branches of the Government for the enact­ the black population; that they sincerely desire ment and enforcement of such measures as shall to see them advance in intelli~ence and national secure the rights ancl liberty of every Ameri_can prosperity, and are willing to extend to them a citizen, upon principles of justice.and equality, liberal and generous protection. But that while, and that respect for the laws by the people that in the opinion of this convention, any constitu­ will insure the peace and progress of the entire tion of Virginia ought to make all men equal country. · · · before the law, and should protect the liberty 4. That the interests of Washington Territory and property of all, yet this convention doth can best be promoted by the election of an able distiuctlv declare, that the governments of the Republican representative of our people as del­ States and of the Union w,ere formed by white egate to Congress, who will exert ~ims~lf to ob­ men, to be subject to their control; and th:l.t the tain the fostering care and material aid of the suffrage should 'still be so regulated by the general Government for our territory1 ~nd secure States as to continue the federal and State sys­ the just rights of each and all of oar citizens, and tems under the control and direction of the white who as opportunity oll'ers, will make known to race. the people of the States, by public addresses, the G. That, in . the opinion of this -convention, great advantages and inducements our territory the people o( Virginia will sincerely co-operate presents to capital and populati?n· . 'with· all men throughout the Union, of what­ 5. That a system of internal improvements m ever name or party, who will labor to restore onr territory should receive the encouragement the constitutional union of the States, and to and eopport of the general Government, in order continue its government and those of the States that our important resources may be developed under the control of the white race. and the prosperity of the country promoted. . 488 POLITIC.AL l'II..ANU.AL. [Part IV.

Among these intemal improvements the c~n­ whlte men, and that we are opposed to tf1e ex­ struction of the Northern Pacific, Columbia River tension of the elective franchise or citizenship and Puget Sound, and Walla. Walla. and Colum­ to negroes, Indians, or Chinamen. • bia River railroads are of gre~t and paramount 3. That the r.icent attempt on the part of the importance, and their early completion highly Radical party in Congress to disfranchise the necessary for the interests of not only this Terri­ people of the Territory indicates a. purpose in . tory, but also those of the entire country. that party to destroy the liberties of the people. · 6. That tho nominee of this convention can, 4. That we are opposed to the proposed XVth and by the hearty and united efforts of the Union amendment of the Constitution of the United Republican party will, be triumphantly elected, States. · and to that end all personal preferences and pre­ 5. That the exclusion of any State from rep­ judices should be waived for the general good, . reaentatiq,n in Congress in time of peace is a. dan­ and the present as well as future success of the gerous assault upon the liberties of the people, Republican party and its rtinciples be thereby in violation. of the principles _of our Union, and effectually maintain;d. subversive of the rights of the Constitution. G. That we are opposed to.the present system of .Government taxation, and are in favor of DemocrRtic. raising the necessary rennue for Government Resolved, That the Democracy of Washington purposes by au ad -rnlorem tax on the entire im­ Territory rely upon ihe justice and patriotism ports and property of the country. of tho American people for the ultimate triumph 7. That we favor the construction of railroads, of democratic principles, which alone can effect the development of the vast resources of our the full and complete restoration of the Ameri­ Territory, and believe that Government should can Union, and restore to the people and the aid the construction of the same, and we ac­ States respectively their rights under the con­ knowledge the important services rendered to stitution. , our Territory in projecting the North Pacific 2. That this Government was founded by railroad by the late I. I. Stevens.

XLVII.

VOTES OF STATE LEGISLATURES ON TIIE PROPOSED XVTH AM&'\D:llENT TO THE CONSTITUTION OF TIIE UNI~D STATES.

Alabama. son L. Rush,'Richard Samueis, Ephraim Sharp, [Not yet voted.] Daniel J. Smith, Wm. W. Stansberry, John B. C. Turman, Daniel P. Upham, Benj. Vaughan, Jas. Arkansas. T. White, John K. Whitson, Wm. H. Wills, Wm. H. Wright-53. SENATE, lifarch 13, 1869. NAYS-0. YEA3-M-essrs. Barber, Beidin, V. Dell, EvanR, California. · Hadley, Harbison, Hunt, Hemingway, Keeton, [Not yet voted.] Mallory, Martin, Mason, Portis, Rogers, Sarber, • Snyder, Vance, Wheeler, Young-19. Connecticut. NAYS-Messrs. Sanders, Ray-2. SENATE, Ji[ay 7, 1869. HOUSE OF REPRESENTATIVES,. Jifarch 15, 1869. y EAS-1,·~I essrs. Ca 1 vm · 0 . }T",._mg, S amne 1 W. YEAS-Messrs. John G. Pnce, [Speaker,l Isaac Dudley, Erasmus D. Avery, Henry W. Kings­ Ay_res, Samuel Bard, Joseph Brooks, Wm. A. ley, A1tron E. Emmon~. Heusted W. R. Hoyt, Britto~, James A. Butler, Abraham T. Carroll, David Gallup, Joseph D. Barrows, Charles B. Jeremiah Clem, Robert S. Curry, Charles C. Far­ Andrews, Oscar Lea.oh, Carnot O. Spencer, Chas. relly, _Edgar D. Fenno, George M. French, John Underwood, Edwin D. Alvord-13. I-I. Fitzwater, J_erome ,V. Fer.guson, Sol_o~on I NAYS-Messrs. Geor_qe :u. Landers, N. Web­ Exon, John J. Gibbons, James M. Gray, Wil_ham ster Holcomb, Lucian TV. Sperry,Aljred B. Judd, H. Grey, Arthur Gunther, John W. Harnson, Owen B. King, E. Grove Lawrence-'-6. Asa. Hodges! Jeffrey A. ~oughton, Jacob Huf- Nor VoTING-Edward N. Shelton, James fJ. stedler, Damel·Hunt, Damel R. Lee, James M. Taylor-? . Livesay, Z. Henry Manees, Alfred M. Merrick, ~- · Solomon Miller, Jesse Millsaps, Sam!. F. Mitch- HousE OF REPRESENTATIVES, May 13, 1869. ell, Wm. T. Morrow, Peter Moseley, Wm. S. Mc- YEAS-Messrs. Henry Woodford, Henry Sage, Cullough, Nathan M. ·Newell, David Nicholls, Albert C. Raymond, James F. Comstock, Damel Marville M. Olive, John F. Owen, Newton L. Phelps, Caleb Leavitt, George S. 1'.Iiller, Rufus Pears, Nathan N. Rawlings, l'\Ios~s Reed, Ander- Stratton, Thomas Cowles, i:lamuel Q. Porter, Page 107] VOTES OF LEGISLATURES, 489

Abira Merriam, Byron Goddard, Charles II. Calvin Aldrich, 'J.farshall E. Beecher, Austin Il. Arnold, Horace Eddy, Samuel Rockwell, Robert Gillett, I,orenzo JI. Hakes, William G. Kinney, Sugden, Benjamin F. Hastings, Samuel N. Reid, John S. Wheeler, William Il. Harrison, J.Jija A. Jolin 11. G. Brace, Joseph J. Francis, Joseph •r. Nickerson, Fred. A. Lucas, Enos B. Pratt, Sidney Hotchkiss, Julius A. Dowd, Stephen R. Bartlett, Peck, Isaac B. Bristol, Albert S. Hill, James A. Jonathan Willard, Clinton Clark, •r. Andrew Root, 1...-::iott Beardsley, Pliney S. Barton, Eras­ Smith, Daniel A. Patten, George A. Bryan, John tus D. Goodwin, Edqar J. Reed, David L. Smith; R. Platt, Israel Holmes, William A. Warner, Seth John B. Newton, Iienry S. Wheaton, Robert Ba­ Smith, Benjamin. B. Thurston, Edward Harland, con, Edwin Scovill, Hezekiah Scovil, JAMES C. George Prntt, William W. Smith, Joseph N. \YALKLEY,* Charles Kirby, Huntington South­ Adams, John D. Watrous, Paul Couch, William mayd, Charles E. Brownell, Edwin A. Emmons, H. Potter, Robert Palmer, David Geer, Daniel Randolph P. Stevens, Charles D. Kelsey, John S. Bailey, Israel Allyn, Henry S. Lord, John F. Topli(!, Thos. J. .White, Samuel A. Collins, Thomp­ Laplace, Willet R. Wood, Alfred Clarke, Roge. son Strickland-105. G. Avery, Gurdon F. Allyn, David D. 1Iallory, NoT VOTING-Addison 0. Mills, Jeremiah II. Benjamin B. Hewitt, Amos S. Treat, Walker B. Bartholomew, James Baldwin, Fred.A. Mallory, Bartram, Ebenezer Si Judd, Ira Scofield, Charles Edwin Roberts, James M. Kibbe-6. Judson, Francis L. Aiken, Israel M. Bullock, William H. Hill, Aaron II. Davis, -William: O. Dolawi,ro Seymour, Phineas S. Jacobs, Alfred Hoyt, Lewis W. Burritt, Hiram St. John, William Wood­ [The Senate voted down the resolution to adopt bridge, Jo,eph E. 1Iarcy, George R. Hammond, ameo.dmen t by a strict party vote, .the particu­ Edwin IL Bugbee, Charles Burton, Isaac K. Cut­ ars-of which were not received in time for publi­ ler, Lucius Fits, John W. Clapp, Hezekiah Bab­ cation.] bitt, Henry II. Cary, James Pike, Eden Davis, Florida. Franklin 1I. Converse, Albert Campbell, Lewis SENATE, June 14, 186(). Burlingha·m, Charles Larabee, Ezra Dean, Wil­ liam H. Church, Norman A. Wilson, Lyman YEAS-Messrs: Bradwell, Cruse, Hillyer, Kat­ Gridley, Seth K. Priest, Frederic 1Ierrill, Wil­ zen berg, Krimminger, Meacham, Pearce, Purman, liam W. Welch, William E. Phelps, Edward Dai­ Smith, Underwood, Vaughan, Walls, Wentworth ley, Charles Hotchkiss, Edward B. Birge, Augus­ -13. tine T. Peck, Charles A. Warren, John T. Rock­ NAYS-Messrs. Atkins, Crawford, Ginn, Hen­ well, Charles J. Y0.•k, Stephen A. Loper, Martin derson, Kendric~, Moragne, J.fcCaskill, Weeks-8. L. Itoberts, George Jones, James L. Davis, Henry HousE, June 11, 1869. Tucker, Samuel 11. Comstock, Phineas 1I. Augur, YEA~-1Ir. Speaker, Messrs. Butler, Bogue, Samuel H. Lord, Daniel Strong, Oliver C. Carter, Black, Cox, Cruce, DeLaney, Erwin, Fortune, Gilbert F. Buckingham, Edwin ::. Kirkland, Graham, Harman, Harris, Hill, Hodges, Keene, George IL Kingsbury, C. B. Pomero,, Henry W. Lee, Mills, Moore of Columbia, Pons, Powell, Mason, Isaac Mason, Guy. P. Collins, John M. Robinson, Scott, Simpson, Thompson, Walker, Way, George B. Armstrong, Meenelly IL Hanks. Wells-26. . · . Elijah Cutter, R. W. Andrews, J. R. Washburn, tNAYs-Messrs. Bostick, Bradwell, Cheshire, George D. Colburn, Chauncey Paul, A: Park Forward, :McKinnon, J.[oore of IIilhborongh, Oli­ H_am:nond, II~zekiah Eldridge, William Shaffer ver, Pittman, Raney; Steward, Stone, Urquhart, -12u. Watson-13. . -- · NAYS-Messrs. Elisha Johnson, Norman Smith, Georgia. TVilliam J. Gabb, Edward B. Dunbar, George J. Hinman, Henry A. Case, Benjamin Taylor, Wil­ i SENATE, Jfarch 18, 1869. liam J.f. Bates, Flavel C. Newton, Josepl, Thomp­ YEAS-Messrs. Joseph Adkins, B. F. Bruton, son, Roland 0. Buell, William C. Case, Horace J. J. Collier, William Griffin, McW. Hungerford, Belden, Roswell A. Neal, Noah Il. Byington, W. F. Jordan, W.W. 11errill, B. R. J,fcCutchen, Francis Jones, Samuel W. Goodrich, Alva Fen­ R. T. Nesbit, J.f. C. Smith, C. J. Wellborn, F. 0. ton, Alexander Clapp, Timothy C. Coogdn, Sam­ Welch, W. T. Winn-13. iiel L. Bronson, J.fichael Williams, Asa C. Wood­ • Independent Republican. . ward, William D. Hendrick, Burritt Bradley, tJune 12-1\Ir. Filer, of J\Ionroe, sent the followmg .Mark Bishop, Gilbert S. Benham, Selal}, Strong, communication to the Speaker : James Sweet, John A. Peck, Egbert L. Warner, "Having unintentionally been absent from the As­ sembly when the vote was taken )'estcrday on the Philo IIolbrook, John 0. Wooster, Hezekiah Hall, joint resolution ratifying the XVth ameudmcnt of the John Roach, Amos S. Blake, Isaac Hough, Enoch Constitution ofthe United States, I respectfullyask that L. Beckwith, Thomas Il. C. Kin.r;sbury, Sanford this communication be placed upon the Journal, that my disa;:,probation of the measure and desire to vote Bromley, Robert F. Chapman, Daniel S. Guile, against 1t may be publicly known and placed on re­ Prentice Avery, Geo. D. Loveland, Savi lion Chap­ cord. This is asked in justice to myself and my man, ,David Il. J,feekes, Edwin Wheeler, Cyrus constifuency." , The request was granted. Sherwood, Bern L. Budd, Jonathan A. Close, Jno. t March 10, a mol!on to Jay joint resolution to ratify G. Wellstood, Eli D. Beardsley, Hinman Knapp, proposed XVth amendment to the Constitution on the Philo Il. Skidmore, C11rus F. Fairchild, Asa Smith, table was Jost by yeas 13, nays 16; March 12, the joint resolution was adopted by yeas 21, nays 1G; l\Iarch 13, Harvey K. Smith, Jarvis IL Wanzer, Sherman a motion to reconsider prevailed, by yeas 19, nays U; · French, 2d, J{atthew Buckley, James Smibert, Jo­ March 17, the resolution was indetinitely postponed, seph Phillips, William B. James, Henry A. Kim­ by yeas 18, nays 17-the chair µ:ivin~ the casting vote. March 18, this vote was reconsidered. by yeas 17, nays ball, Lyman N. Appley, George C. Martin, Josiah 14; but a direct vote upon adoption of the amenLlmcut G. Beckwilh, John B. Hopkins, Arbert E. Merrill, resulted in yeas 13, nays lG, as above. 400 POLITICAL. MANUAL. [Part IV. • NAYs-:Messrs.'TV. J. Anderson, W. F. Bowers, IIousE OF REPRESE:STATIVES, li[arch 5, 1869 . •T. 1'. Burns, ]i[. A. Candler, J.M. Colman, J.C. YEAs-l\Iessrs. Joseph l\L Bailey, L. L. Bond, Fain, J. Griffin, , B. B. Ilinton, R. Alexander W. Bothwell, Thomas II. Bargess, E; Lester, Tv. T. :McArthur, C. R. lifoore, A. D. James E. Callaway, Samuel II. Challis, Henry l{unally, Josiah Sherman, W. C. Smith, T. J. C. Child, Philip Collins, Ansel D. Cook, John Speer...... lG. Cook, Franklin Corwin, Irus Coy, Peter W. 9 Deitz, James Dinsmoor, Silas IL Elliott, David * IIoi:sE oF REPRESEXTATIVES, 11farch lG, lSG · l\L Findley, Calvin II. Frew, \V. Selden Gale, Yr:As-J\Iessrs. TV: D. Anderson, Benjamin Ay­ Geor"e Gaylord, George Gundlii.ch, Philip K. er E,lwin Belcher, l\farion Bethune, P. II. Bras- Han~a J od W. Hopkins, IInmplirey liorrabin, sell, T. F. Brewster, G. S. Carpenter, \V. 0. Carson, Daniel' Kerr, Alonzo Kinyon, J. C. Knicker­ r. II. Chambers, TV. II. Clarke, Clower, A. E. hocker Iver Lawson, Charles W. l\farsh, John l\I. Cloud, James Cunningham, S. A. DarneH, 1fadi­ 1Ic0ut;heon, James R. Miller, William D. Miller, son Davis, B. A. Donaldson, J. T. Ellis, W. S. Francis 1Iunson, Adam Kase, George W. Parker,• Erwin, J. R. Evans, F. J[ Ford, A. lil. George, James 1I. Perry, William E. Phelps, John Porter, N. N. Gober, TV: B. Gray, Tv. TV: Grieger, J. E. N. N. Itavlin, Chas. G. need, J. S. Beynolds, Alex­ Gullatt, R. B. Hall, TV. D. IIamilton, J. F. Har­ antler Ross, John W. Scroggs, Hiram F. Sickles, den, G. E. JI,1rper, J. N. Harris, Heard, W. F. William :r,1. Smith, Wilson 1I. Stanley, William Holden, G. Jl[. Hooks, Darling Johnson, IL C. Strawn Ephraim Sumn.er, Jacob Swigart, H. J{ellog7, C. I-I. l{ytle, W. A. Lane, Aug. II. Lee, II. Talbott, E. S. Taylor, Bradford F. 'l'homp­ John long, J. J. .1.ilcArthur, J. A.1k1

Reuben Il:tkcr, John P. Barnett, Samuel Beatty, erts, A.G. Seaman, E. Secrest, William Simpson :Fielding Heeler, Wm. C. Bowen, Robert Breck­ W. II. Smith, J. D. Snoddy, R E.• Stevenson: enrid"e, George W. Chapman, George F. Chit­ Jacob Stotler, J. S.•Taylor, Perry Tice, W. F. tendc~, Stephen Davidson, Henry G. Davis, Travi,, Wm. J. ·Uhler, James Walmsley, Amos Moses F. Dunn, lleuuen W. Fairchild, Timothy Walton, Saml. R. Weed, R. P. West, David Whit­ Field, E. C. Field, Allen Furnas, Oliver P. Gil­ aker, J. L. Williams, T. R. Wilson, GBorge W. ham, A. E. Gordon, Samuel Greene, Colbarth \'food, 1I. S. Adams, (8peaker)-73. · Hall, E.W. Hamilton. E. S. Higbee, John Hig­ NAYs-11Iessrs. Thomas Feeny, R. V. Flora, gins, Austin Hutson, Amasa Jolmson, James T. N. Humber, R. E. Palmer, P. JI. Tiernan, Geo. Johnson, Samuel V. Jump, llobert T. Kercheval, W. Thompson, John F. Wriqht-7. Jon(l.than Lamborn, Thomas Mason, John 1Iille­ Nor VoTING-1Iesars. T. iI. Butler, E. E. Cof­ kan, Robert Miller, William Y. Monroe, Milton fin, Oliver 'Davis, S. K. Hungerford, G. B. Inrre, A. Osborn, John Overmyer, Gilbert A. Pierce, J. S.' Martin, A. J. 1Iowry, McGrath, Mclnt.o~h Isaac N. Pierce, John Ratcliff, James Ruddell, r.. Smith...:...10. ' Slephen Sabin, William Skidmore, Allen W. Smith, A. P. Stanton, Richard Stephenson; Ste­ Kentucky.* phen II. Stewart, David 1I. Stewart, Freeman 'l'abor, John J. Underwood, J. T. Vardeman, 'I'. SESATE, },Jarch 12, 1869: , J. Valer, ,J. A. Wildman, Isaac Williams, Ben­ YEAs-R. T. Baker, Robert Boyd, John B. jamin F. Williams, William Wilson-5'1. Bruner, 0. P. Johnson, Henry C. Lilly, W. J. PRESENT nur NOT VorING-Messrs. John R. Worthington-6. , Cojj'roth, J. S. Davis, and James V. Mitchell-3. · NAYS-Mr. Speaker, (Wm. Johnson,) Joseph .. M .. Alexander, F. N. Allison, A. K. Bradley, Iowa.. Jno. G. Carlisle, Jos. H. Chandler, Jno. B. Clarke, [Not yet. voted.] Lyttleton Cooke, A. D. Crosby, Wm. A. Dudley, A. H. Field, Joseph Gardner, Evan },[. Garri_ott, Kansas. P. JI. Leslie, Tv. LindsaY,, Isaac T. Jfartin, W: SENATE, February 27, 18G9. H Payne, I, A. 8paldin_q, E. D. Standeford, Philip Swi,qsrt, Ha7:rison Thompson, ,Oscar 1':1,r­ YEAS-Abner Arrowsmith, J.C. Bailey, J.C.· ner, A. C. Tiallandigham, w: L. Vories, Ben.7. J. Broadhead, A. A. Carnahan, J.C. Carpenter, S. Webb, L C. Wizifrey, C. T. Worthington-27. A. Cobb, W. IL Fitzgerald, W. II. Grimes, 0. J. Grover, E. J. Jenkins, William Larimer, 0. E. HousE OF REPRESENTATIVES, March 11, 1869. Learnard, J arnes R Mead, M. 1I. Murdock, John , YEAS-llobert Bird, Alexander Bruce, Demp­ McKee, E. ·S. Niccolls, J. II. Pr~scolt, Martin sey King, Zachariah Morgan, Hiram S. Powell­ Schmitt, W. II. Smallwood, S. J. II. Snyder, A. 5. G. Speer, E. Tucker, 1I. V. Voss, II. II. Wil­ NAYS-Mr. Speaker, (John T. Bnnch,) Peter liams, Levi Woodward-25. ' Abell, Jahn J. Allnutt, George w: Anderson, NAYS-0. , Robert C. Beauchamp, llig,'lason G. Boone, Or­ AnsE:J"T AND NO:J: VorING-0. lando C. Bowles, Jeremiah w: Bozarth, ,Tes/Je J). Bright, Richard J'. Browne, William W. Bush, IlousE OF REPRESENTATIVES, February 27, 1869. B. F. Camp, Patrick "Campion, George }.[. Cay­ YEAS-Messrs. N. J. Allen, L. D. Bailey, P. wood, A. T. Chenault, Thomas T. Cogar, John N. Y. Baker, Jamee Blood, 1I. B. Bowers, F. C. Conkwright, Thomas IL Corbett, Robert T. Davis, Bowles, Aaron Brundage, John Buterbaugh, John Deaton, Francis U. Dodas, lfichacl A. Alexander E. Case, II. W. Cook, E. B. Crocker, Dov,ning, 0. L. Drake, George W. Drye, Thomas William Crosby, I. N. Dalrymple, Rufus Darby, J. Eades, George. R. Fear6ns, Manlius T. Flip­ C. Drake, A. J. Evans, F. Gilluly, Charles Gregg, pin, ]JQ,rt Gibson, Robert T. Glass, Wm. 0. Hall, Joel Grover, John Guthrie, W. 1f. Hamm, H. C. George Hamilton, 1.fortimer D. Hay, JAMES R. Hawkins, D. Helphrey, Joseph Howell, J. M. liINDMA'N,t Smith 1.f. Hobbs, Basil Holland, Hunter, M. B. Hupp, Samuel Hymer, George E. Richard 0. Hudson, Thomas L. Jefferson, Alfred Irwin, Z. Jackson, J. L. Jones, J. B. Johnson, }.[. 'Jones, Francis Justice; Alfred Kendall, Gab­ D. B. Johnson, B. F. Johnson, Josiah Kellogg, riel A. Lackey, J. Fry Lawrence, John W. Lea­ Cyrus Kilgore, W.W. Lambert, Samuel Lappin, thers, Charles ll. 'Lee, Wm. Lusbv, Wm. J. Lusk, J. S. Larimer, Joseph Logan, J. H.1fotlden, Joel Beriah l.fagoffln, Samuel I. 1.f. 1.fajor, Andrew J. Maltby, J. B. Moore, John 1IcClenahan, C. C. 1.Iarkley, Alexander L. Martin, Mortimer D. McDowell, J. A. McGinnis, H. W. 1IcNay, W. Martin, Jas. }.[. 1.fc.Ferran, W. Estill .'McHenry, F. Osborne, A. C. Pierce, J. Q. Porter, J. •r. James A. }.fcKenzie, Guy S. Miles, John Wesley Rankin, M. II. R_istine, D. D. Roberts, L. Rob- Mosely, John Allen l.furray, John W. Ogilvie, William N. Owens, Thompson S. Parks, Henry Niles, T. W. Lcmman, W. G. Neff, J. G. Shoemaker, 1,[. L. Perr1;, George G. Perkins, Julian N. Phelps, T. Carnahan, P.11!. Zenor, J. J}[. Sleeth, J. S. Cotton, J. F. Welborn, L. D. Britton, B. D. 1,[iner-41. • Elijah S. Phister, Wm. Preston, Win. B. 11ead, After the message, a vote was taken upon the adop­ Jolm D. Russell, Culvin Sanders, Robert Sim­ tion of the proposed XVth amendment, with aboTe mons, Penton Sims, Alexander B. Smith, Richard result. The Speaker ruled, that for ordinary le.1~isln­ tion the State constitution prescribes that two-thirds }.[. Spalding, Barton W. Stone, Da:vid P. Stout, of the House {o,: 61 members present and answering Hezekiah l{. Thomas, {ames lr7nte, Robert K. b their nmncs) constitutes a quorum, but it does not ·define what number of members, moro than a simple *The vote achrnlly taken was on a joint resolution to majority of the legislature, shall be sufficient to act reject the amendment; ~nt I have made the ~ecor~ to upon a proposed amendment to the United States correspond in form with. the other States, m which Constitution. He therefore declared tho resolution tho question was on ratifying. adopted. t Conserrntive. · 492 POLITICAL :MANUAL, [Part IV.

White, J.ames A. Wilson, Samuel M. Wrather, J. John W. Barker, E. I{. Bennett, W. II. Bige­ Jlall YowcU:-80. , · low, Francis Blackman, Granville Blake E. P. Blaisdell, Hiram 13liss, jr., Uranus O. Br;ckett Louisia;1a, Alden Bradford, Edmund Bragdon, jr., Henry Brawn, George E. Brickett, John R Bridges, SENATE, February 27, 1869. J oho A. Briggs, Jethro Brnwn, J amcs 111. Buz­ zell, G. W: Caldwell, E. A. Calderwood, P. J. YEAS-Messrs. C. C. Antoine, H. J. Campbeli Carleton, Hanson T. Carver, John S. Case,.J. II. F. V. Coupland, L. B. Jenks, G. Y. Kelso, J'. Chamberlain, Andrew C. Chandler, D. W. Chap­ Lynch, J. J. l\Ionette, C. C. Packard, P. B. S. man, F. A. Uhase, Qeorge A. Clark, James l\I. Pinch back,£. Poindexter, C. Pollard, J. Randall, Coffin., Cyrus, Cole, Marshall Cram; J_wph Cran­ J. Ray, r-1. F. Sm1Lh, S. l\I. Todd, C. Wilcox, J. dmi, .ir., G. I<: Danforth, William Dickey, Abne1' R. Williams, J. Wittgenstein-18. Dinsmore, Wilham S. Dodge, William Dolbier NAYs-1Iessrs. G. II. 'Brauglm, J.C. Egan,W. J. II. Drummond, (Speaker,) Edwin A. Duncan: L. Thornpson-3. · Cyrus Dunn, James Dunning, P9,rker G. Eaton 0 IIousE OF REPRESENTATIVES,. Narch 1, 1869. Robert Edes, E. C Farrington, J. A. Farrington' A. B. yarwell, W. B. Ferguson, Levi II. Folsom'. YEAS- :i\Iessrs. Charles W. Lowell, (Speaker,) r<:ranc1s IL Foss, Isaac Foster, Jacob F. Frede­ Isaac A. Abbott, Frank Alexander, I<'. C. An­ ric, Washmgton Gilbert, D. 'f. Giveen, !mac B. toine, C. J. Adolphe, Octave Belot, 0. H. Brew­ Goodwin, G. C. Goss, A. Greely, Seward B. Gun­ ster, Dennis Burrell, B. Collins, W. S. Calhoun, mson, James R. Haley, John S. P. Ham, G. A. 11!. Carr, Sam E'. Cuny, P. G. Deslon

Thompson, Geor"e Vowles, John Wagner, John G. II. Walser, JI. Winchester, Jacob Yankee, J. Walker, Jacob 'iValton, Edgar B. Ward, Luther !-L Young-79. Westover, Hubert. G." Williams, James A. 1Vil­ NAY,...:::Mcssrs. J. F Adams, 'Joseph Bog11, W. liams, Jonathan J:. Woodman, (Speaker,) Samuel II. Bo1ulcs, A. F. Brown of Callaway, L. A. W. Yawkey-6<5. , • Brown of Howard, A. IJur;;e, J. G. Burton, N.us-Robe1·t V. B1-iggs, Orman. Clark, Bela 'I.'homas Byms, D. L. Cal,Iwell, R. A. Campbell, Cogshall, Jerome B. Eaton; 'I.'homas IV. Ilarris, Tyree I[rm·is, Garland l[,1rt, William Key, F. Joim II. Ilubbarcl, 'Frederick G. Kcndi'ick, James L. }.farclwnd, Anclrcw }fcE!i·ain, J. ,lf. 1lfcl,fi. ](inyslcy, Peter Klein, James B. Le~. John Q. chacl, C. J. lifillcr, A. TV: Jlfitchell of ot. Louis, 1.[cl{crnan, Cyrus }.files, William P,irccll, Claud, ,T. P. lifarphy, A. R. I'ldlips; Lucius 8cdislno·y, J,l. Riopelle, James TV. RomcJn, James Stewart, J. Salyer, E. C. Scuastian, 11!. 8i,lcs, G.D. Sloan, :Newton Shelton, Peter 'I.'cmcs, Joseph lfcicr, C. R. Smyth~. J. II. 'Terry, J~obcrt TVaidc, T. F. J,icob A. T. n:endall, J)arwin O. White, ~lliott Warner, C. Wcinrich-30. R. Wilcox, Thlliam !J. W,llwms, Dciv.d A. Woodard-24. • -- · ll'Gbra.sk:. Minnesota, [Not yet voted.] [Not yet voted-the legislature declining to act Nevada. upon a telegram, and adjourning priot to receipt • ofari official copy of l;)roposed amendment.] SENATE, 11Iarch 1, 1869. YEAS-Mess.rs. Dayi,l II. Brown, T. W. Abra­ Mississippi, ham, T. D, Edwards, C. II. Eastman, 0. I-I. Grey, [Not yet voted.] Wm. N. Hall, J ame8 W. Haynes, 1I. S. Hurd, Missouri. David L. Hastings, Benjamin S. Mason, Thomas B. Shamp, C. C. ctevenson, Frede.rick A. Tritle, SENATE, March 1, 1869. D. W. Welty-14. VAS-Messrs. Wells II. Blodgett, George W, NAYS-Messrs. 11!. S. Bonnifield, Eu.gene B. Boardman, C. S. Brown of Shelby, Theodore Ilazrtrd, Jacob J. Linn, Rob,ert llfullan, Wm. G. Bruere, John S. Corender, John B. Clark, sr., 1.fonroe, Samuel TVilsc,n-6. David R. Conrad, Lewellyn Davis, Irnm B. Dod­ HousE OF REPRESE!>TATIYES, March 1, 1869. 2on, Ellis G. Evans, John !IL Filler, L'ouis Gott­ YEAS-~les,rn. D. 0. Adkison, (Speaker,) J. schalk, Minor T. Graham, Thos. Harbine, Sani­ K. Barney, Wilmer Bl'Own, N. E. Bunker, J. S. uel W. Headlee, Gcorfe II. Rea, Stephen llVlg­ Burson. J. A. Bnrlin::;amc, Willia1n I-I. Corbett, ley, Wm. B. Rogers, l\f. G. Roseberry, William IL F. Dangberg, S. J. Davis, William Doolin, J. A. Shelton, James I-I. Todd, David A. Waters, S. Ford, W. D. Gray, J. M. Handford, John Eugene Williams-23. Hanson, C. J. Hillyer, C. D. King, George J. N1,:rn-Messrs. James H. Birch, jr., Joseph Lammon, J. L. Richardson, C. P. Shakespere, E. Brown of St. Louis, 'J.'homas 1.L Carroll, 'I.'homa3 R. Schimmin, John Welch, J.M. Woodworth, S. Essex, 'J.'homas J. O. }.forrison, John rl. :Morse, C. Wright-23. • James S. Rollins, 'J.'homas B. Reed, Ilenry J. NAYS-Messrs. Anderson, John Bowman, E. Spannhorst-9. Clark, A. C. Cleveland, G. D. Coburn, J. S. 1Iay­ NoT VoTING-Qeorge W. Elwell, John C. IIu­ hugh, G. F. lilills, R. J. Moody, S. A. :11Ioulton, m11.n. A. K. Potter, F. W. Randall, T. W. Rule, R. IL HovsE OF REPRESENTATIVES, Jlfarch_l, 1860. Scott, J. W. Small, T. J. Tennant, A. B. Waller · Yu~-Messrs. John C. Orrick, (Speaker.) J. 16. J. Akard, Ben Alsup, T. W. Allred, A. Jackson New Hampshire. Baker, T. S. Benefiel, Tar Hon Brewster, W. P. SE:SATE, 1869, Browning, Henry Bruihl, C. C. Byi'ne, Daniel * Clark, :111. S. Courtright, D.'S. Crumb, W, H. IL HousE OF REPRtSENTATIVES, 1869. Cundiff, E. S. Davis, n. B. Denny, R. ~. Dibble, J. H. Dolle; D.S. Donegan, W. B. Ell1ot, A.11.. YEAS-Messrs. William C. Noyes, Jacob Luf­ Ellison, Frank Eno, J. \V. Enoch, W. J. Fergu­ kin, John W. Dud!ev, Rufus W, Moore, Daniel son, E. P. Ferrell, J. B. Freeman, A. L. Gibbs, Clifford, Harvey P. ·Hood, George Moore, 2d .• J. H. Glenn, Richard Gl_adney, A. Hackman, J. Sebastian A. Brown. Andrew ,J. Hoyt, Ebenezer B. Harper, Samuel Hayes, J. T. K. Hayward, A. Folsom, George Beebe, John D. Ordway, Dewitt F. Heely, N. P. Howe, Anthony lltner, J esn C. Durgin, Emery Batchelder, Andrew W. Mack, Jennings, R. F. Johns

Samuel G. Chamberlain, Larkin IIarrington, der, Charles JI. Osgood, Thomas Lovering Jona­ John Crockett, Silas Russey, jr., Jos. N. Hayes, than Gale, William H. JI. lifason, He~ry J. John Drew, Daniel Chadbourne, George Stevens, Banks, Sanborn B. Carter, Elisha Goodwin, jr., Daniel J. Holmes, Charles F. l\Iontgomery, Chas. Henry Dowst, Henry A. Weymouth, Samuel C. Hayes, Walter G. C. Emerson, Rufus G. 1Iorrill, Clement, William O. Heath, Joseph A.11ers, John Enoch Franders, Stephen B. Cole, Rufus E. Gale, S. Sherburne, Ch,r,rles Smith, Samuel .Martin, Ar­ Geo. W. Sanborn, Sam'!. Emerson, Aaron Clarke, chelaus :Moore, James J.I.. Sawyer, Hiram Cilley, Wm. Dlake, jr., l\Iark Nickerson, Wm. M. Weed, Charles 0. Rogers, Christopher G. J.[cAlpine, Enoch Q. Fcilows, Jas. 1I. Pease, Sam'!. W. Rob­ Lemuel W. Collins, Jason Walker, Jno. C. Dodge, erts, Blab; Folsom, Nehemiah Dutler, Wm. II. Augustus Wilson, Alfred TV. Savage, Brooks K. Allen, Henry Farnum, John West, Benjamin E. Webber, Ephraim Dutton, John W. Grijjin, An­ Badger, Augustine C. Pierce, Ephraim W. Wood­ dre1~ TV. Raymond, George Ed,qecomb, Dennis D. ward, Jos. W. Prescott, Calvin C. Webster, Geo. Sullivan, Eldridge P. Brown, Andrew J. Bennett, F. Whittrege, John B. Ireland, Arthur S. Nes­ William G. Butler, Franc-is Green, Joel Hessel­ mith, George W. Rice, :Moses Favor, Benjamin ton, Silas Chapman, Asa H. Burge, James IL J. Gile, Thomas B. Jones, Reuben E. French, Goodtich, Aaron D. Hammond, Ezra G. Hunt­ Nahum T. Greenwood, Nathaniel G. Foote, Chas. ley, Asa JI. Bullock, Edward E. Upton, Philip D. E. Perkins, Cyrus French, David A. Macurdy, Angier, David Parsons, Leonard B. 1-Iolland, William A. 1Iack, William N. Tuttle, James H. George Rust, Charles Knight, John Chase, Abram Hall, Samuel D. Downes, John Greer, Lucien D. Bean, Daniel A. George, Ora }.[ Huntoon, Weld Hunkins, Avery 1I. Clark, Chas. B. Richardson, D. Proctor, Lide Gale, John Bedel, Chase Whit­ Daniel 1I. Greeley, Luther Cram, Joseph L. cher, Thomas.J. Spooner, James C. Felch, Joseph Stephens, Nathan P. Kidder, Timothy W. Chal­ D. Weeks, John A. Butrick,' Elias }.[ Blodyctt, lis, Geo. S. Andrews, J as. 0. Adams, Albert H. James l,{. Dristen, Nathaniel W Cheney, Alvali Daniels, William Flanders, Herman Foster, Ben­ Stevens, Joseph Wheat, Geotge F. Putnam, Charles iamin Currier, Samuel D. Lord, James P. Eaton, M. Weeks, :l.'homas J.fuzze.1/, Geor,ge F. Cummings, Robert Hall, Robert 1I. Shirley, Elisha B. Bar­ Daniel Whitcher, Samuel A. Edson, Charles C. rett, Benj. Ela, Sttmuel G. Dearborn, Bainbridge Smith, Richard Smith, Joseph A. Doclge, Horae~ Wadleigh, Archibald II. Dunlap, George A. B. Perkins, George W Garland, Samuel B. Page, Ramsdell, Caleb Burbank, Amos Webster, Chas. Joseph Savage, Joseph W. Campbell, Daniel Green, Holman, William A. Preston, Hiley B. Hatch, Charles S. Leavitt, Be11,iamin Young, William S. Chas. Wilder, Stephen II. Bacon, Isaiah Wheel­ Rolfe, Lucius Bond, Charles L. Heywood, Rufus er, Charles 0. B;i,llou, Alonzo I-I. Wood, Aaron F. Inqalls, Charles L. Plaisted, 1.foses Hodgdon, Smith, John N. Richardson, George S. Wilder, jr., Wayne Cobleigh, Thomas C. Hart, Cyrus E. Frederick W. Bailey, John Humphrey, Solon S. Bickford, Sylvanus }.{. Jordan, Sam. C. Brown­ Wilkinson, Robert Wilson, Charles Bridgman, 131. Solon A. Carter, Wm. French, Jairus Collins, New Jersey. Geo. A. Whitney, Alba C. Davis, Charles Mason, William H. Porter, Augustus Hodgkins, Henry [Late in the session, the Senate, by a pn.rty Abbott, Edward Alexander, Chas. H. Whitney, vote, passed a resolution postponing all action Chapin K. Brooks, Nathan W. Howard, Frank­ on the amendment till the third Tuesday of Jan­ lin W. Putnam, William Ellis, Hiram Webb, uary, 1870-the Republicans voting no. The Edward L. Goddard, Georcre N. Farwell, Joseph House did not act on the resolution.j B. Comings, Albina Hall,'\Villiam II. Eastman, Martin Bascom, Benjamin F. Sawyer, John B. New York. Cooper, Levi F. Hill, Thos. N. Hughes, Abner SENATE, April 14, 1869. Fowler, Sam'l. K. Mason, Erastus Dole, Converse YEAS-Messrs. Samuel Campbell, Orlow W, G.1forgan, Herbert Bailey, Jacob S. Perley, Jas. Chapman, Richard Crowley, Charles J. Volger, S. Adams, Harlow S. Nash, Joseph W. Cleveland, , Wolcott J. Humphrey, George Jesse C. Sturtevant, Hiram Noyes, Horace B. N. Kennedy, Abner C. Mattoon, Lewis H. l\Ior­ Savage, Isaac D. Miner, Theodore M. Franklin, gan, John I. Nicks, John O'Donnell, Abiah W. Frank Paddleford, Reuben Batchelder, Henry Palmer, Abraham X. Parker, Charles Stanford, H. Palmer, Willard Spencer, Henry O. Kent, Francis S. Thayer, John B. Van Petten, SJephen Ossian Ray, Charles E. Philbrook, George W. K. Williams-17. Libbey-187. NAYS-Messrs. A. Bleecker Banks, Geo. Beech, NAYs-Messrs. John W. Cate, Jesse W. Sar­ John J. Bradley, William Caulclwell, Thomas J. gent, Joseph R. Gari·ish, George W. Sanborn, Jas. Creamer, Lewis A. Edwards, Ilenn; W. Genet, L. Rundlett, Stephen G. Sleeper, Chas. w: Pick­ William Ji Graham, John F. Hubbard,jr., Lewia erin,g, Josiah D. Presscott, Charles B. Clark, Wm. }.[orris, Ilenry C. Murphy, Asher P .. Nichols, A. Shackford, Nathan IL Leavitt, jr., Levi Wil­ 1.fichael Norton, James F. Pierce, W,llwm M. son, Samuel S. Warner, Pike J-L Harvey, John R. Tweed-15. Reading_, Samuel Langdon, David Griffi_n, Thos. Green, Joseph Chase, Lafayette Hall, Harrv S. Hou&E, },[arch 17, 1869. Parker, Ilosea B. Snell, Franklin Colbath, Chas. YEAs-James R. Allaban, A. II. Andrews, Clif­ • II. Boody, William Proctor, Jacob W. Ernns, ford S. Arms Eli Avery, Isaac V. Baker, jr., W. Ebenezer P. Osgood, John TV. Busie/, John Neally, F.:Barker, d. V. B. Barse, Benjamin J. Bassett, · Nathan B. Wadleigh, Lyman B. Ames, William P. H. Bender, D. V. Berry, l\Ionroe Brundage, B. Woodman, Benjamin B. Lamprey, IIarrison W. W. Butterfield, Albert C. Calkins, Winfield C. Smith, Thomas J. Allard, George W. }.[. Pit­ S. Cameron, W.W. Campbell, Wesley M. Car­ man, Daniel Chandler, 2d, Christopher w: Wil- penter, James A.. Chase, G. Clark, W. A. Coan~t, R 496 POLITICAL MANUAL. [Part IV.

Hugh Conger, George Cook, II. M. Crane, J. C. W. T. Gunter, J. T. Harris, J. II. Harris, W. T. Bancroft Davi8, Erasmus 1V. Day, J. Dimick, B. J. Hayes, A. L. Hendrix, R IL Hilliard, B. R. Doolittle, E. Ely, W. 11. Ely, Benjamin Farley, IIinnaut, David llodRin, P. Hodnett, J. Hoff. J. Ferris, Sanford Gifford, George 1I. Gleason, man, S. G. liorney, T. (). Humphries, Ivey Hudg­ Elijah M. K. Glenn, David R. Gould, Miles 13. ings, Dixon Ingram, T. J. Jarvi.~. W. D. Justus, Hackett; Marvin Harris, W.W. Hegeman, F. A. J. 11. Justice, J. A. Kelly, Geo. Kinney, Byron I1ixs0n, A. 13. IIo,lges, C. Dewitt Iloyt, Marcus Lallin, J. S. Leary, J. B. Long, C. 1Inyo, W.W. A. Hull, James A. Husted, James V. Keudall, 11cCacless, J. R Mendenhall, F. G. 1Ioring, E. C. Kilham, :1\icholas B. La Dau, James D. J. A. Moore, W. A. 1Ioore, B. D. 11orrill, B. W. Lasher, S. 1Iitchcll, J. 111. Palmer, C. Pearsall, l\Iorris, RC. Parker, J. T. Pearson, E.W. Pou, William I. Perry, Andrew J. Randall, C. Ray, Geo. W. Price, jr., E. K. Proctor, J. W. Tiagland, Charles B. Rich, Silas Richardson, James A. Rich­ J. J. Red, John W. Renfrow, I'. D. l~ohbins, J. mond, Samuel Root, E. F. Sargent, J. 0. Schoon­ L. RobinsGn, J. T. Ileynolds, A. T. Seymour, W. maker, John II. Selkreg, L. E. Smith, N. B. Smith, B. Sieg1-ist, James Sinclair, J. ll. Simonds, J. J. D. Stewart, W. II. Stuart, :Moses Snmmen, 11er­ Smith, E. T. Snipes, Gcorqe TV. 8tanton, Hiram ritt Thorntou, Lyman Trnnrnn, Addison B. Tut­ E. Stillry,J. :S. :S\\'eat, T. A. Syke8, T.11. Vestal, tle, Edward C. Walker, C. IL Weed, Hiram Whit­ J. P. Vest, J. E. Waldrop, TV. P. Welch, J. marsh, C. S. Wright, Truman G. Younglove-7:?. White, R. D. TV/,illcy, L. D. Wilkie, J. IL Wil­ NAYS-G. J. Bramlcr, TV: G. Berrien, N. C. liamson, S. C. Wilson, A. C. Wiswnll-S7. Bradstreet, Denis Burns, T. J. Campbell, Owen NAYs-~Iessrs. .T. .T. Al/ison, R. E. Armstron:J, Cavanagh, IL 11I. Clark, Henry J. Cullcn,jr., P. W. TF: Boddie, J. 1V Clayton, l'lato Dudiam, JZ. Dyckman, C. Ferris, A. J._ Flynn, John Gal­ T. Farrow, TV. B. Ferebee, J. 1'. Gibson, J. A. vin, Baldwin Grif7in, William llci~Jin, Anthony lfmcl:ins, D. P. lfi7h, W. II. Malone, J. C. }.fc­ 1Iartman, A. E. Jfasuroucl:, William Hitchman, ;lfi//an, T. A. 1Yir·holso11, 1,', l<[, Painter, David ,lforyan IIorton, II. E. IIoward, James Init1;J, I'Nifiit, Iwac "1[ Sham', J. L. Smith, D. E. !::Jmith, Jolin C. Jacobs, Law. D. Kiernan, John JI. I{im­ F. Thompson, B. C. Willia;ns-20. bul/, J. L. La J1Ioree, E. D. Lawrence, Thomas }~ L,1on, Josiah T. Jliller, P. Jfitch,i!t, Trilliam Ohio,* TV: }.[oseley, "lI. C. ;1!urphy, .Martin Kachtmann, SENATE, April 30, 1869. D. O' Eeeffe, Edward L. Patrick, J. B. Pearsall, George TV. l'lunkitt, Josiah Porter, R. "1[ Skeels, YEAS-lllessrs. Thomas R. Biggs, J. Twing A. W: Smith, James Stevens, Ed11:ard Sturges, Brooks, J. B. Burrows, Abel 1I. Corey, David James S,iffcrn, John Tighe, }.loses Y. Tilden, D. k Dangler, Horner Everett, L. D. Griswold, J. w: C. Tower, Peter Trainer, Charles II. Whalen, Francis Keifer, Henry Kessler, King, Solomon Jlcnry Woltman-47. Kraner, Abmham Simmons, 1Villiam Stedman, KoT VOTING-Edward Akin, :Matthew P. Be­ Samuel N. Yeoman-14. mus, John Decker, John L. Fla:]:], George L. Fox, NAYS-Messrs. Curtis Berry, jr., TV. H. II. Alc:randcr Frear, John Kce:Ja,i, John B. 1.fad­ Campbell, Wm Carter, S. F. Dowdney_ J. Emmitt, den, II. Ray-9. -­ Louis Evans, 1'. J. Godfrey, W. Reed Golden, llarmount, Robert Hutcheson, James B. Jamison, North Carolina.. Jonathan Kenney, William Lawrence, Daniel B. Linn, Manuel }.fay, Henry TV. Ondcrdonk, Geo. SENATE, March 4, 1869. Rex, Charles }.f. Scribner, John L. Winner-19. YEAs-Messrs. Wiliiam Barrow, .T. W. Beas­ HousE, April 1, 1869. ley, P. T. Beeman, N. B. Bellamy, C. H. Brog­ den, Silas Burns, Jas. Blytbe, D. D. Colgrove, YEAs-Messrn. Rom W. Anderson, Madison J. B. Cook, J. H. Davis, J. B. Eaves, Henry Bet\-;, Hiram Bronson, Delos Canfield, Reuben Eppes, Samuel Forkner, A. IL Galloway, 0. S. P. Cannon, S. C. Carpenter, George Crist, Rob­ Hayes, J. S. Harrington, J. A. Hyman, A. J. ert B. Dennis, Joseph II. Dickson, Jeremiah M. Jones, W. D. Jones, R. W. Lassiter, Edwin Legg. Dunn, William l\L Eames, Morris E. Gallup, J. M. Lindsay, P. A. Long, TV: L. Love, L. A. Benjamin L. Hill, Amos Hill, William P. John­ :Mason, F. G. Martindale, W. A. Moore, W. 11. son, Samuel F. Kerr, Samuel C. Kerr, 11. C. Law­ Moore, J. W. Osborne, W. B. Richardson, J. B. rence, Alfred E. Lee, Samuel T. ll1d1orran, Fred. Respass, T. M. Shoffner, S. P. Smith, J. "\V. Ste­ W. 1Ioore, Welcome 0. Parker, William Ritezel, phens, W. II. S. Sweet, G. W. Welker, E. A. Jonathan K. Ilukenbrod, James Sayler, William White, R. J. Wynne, C. S. Winstead, Peter Wil­ II. Scott, John Lincoln, William Sinclair, Geo. W. son-40. Skaats, Perry Stewart, Josiah Thompsou, Joseph NAYS-Messrs. Joshua Barnes, R. L. Beall, C. Ullery, Henry Warnking, Marwin Warren, J. TV: Graham, C. Melchor, W. 11,l Robbins, J. G. Thomas Welsh, Jacob Wo!f-311. Scott-6. NAYs-Jfcssrs. William T. A~ker, Jacob Ba­ HOUSE, }.[arch 4, 1869. ker, Edward Ball, Wilmer U. Bcfrille, John W. Branch, Peres B. Buell, Bus/mail, Daniel J. Cal­ YEAS-Messrs. Joseph W. Holden, (Speaker,) frn, Joseph R. Cockerill, Elisha G. Denman, Jo­ Wallace Ames, Thomas llI. Ar:Jo, J. Ashworth, seph Dilworth, Levi Dungan, William Fielding, Louis Banner, S. C. Barnett, E. T. Blair, J. W. Isaac J. Finley, Elias W. Gaston, Robert B. Gar-. ,Bowman, W. G. Candler, M. Carson, W. Carev, don, Elie/ llcadley, George Henricks, William ,Wm. Cawthorn, II. C. Cherry, J. H. Crawford, D. Hill, Peyton IIord, John L. Hughes, Hugh Joseph Dixon, IIugh Downing, D.S. Ellington, >L. G. Estes, R. Falkenor, F. W. Foster, S. D. *The vote actually taken was on a joint resolution to reject, but I have made the record correspond with 'Franklin, George Z. French, Geo. W. Gahagan, other States, and stated itas if the motion had been to W.W. Gilbert, George A. Graham, W. TV. Grier, ratify. Page 115] VOTES OF LEGISLATURES. 497

T. Jewett, Richard E. Jones, John D. Kemp, Jno. Rhode Island. !if. Kennon, Wm. Larwill, John Lawson, Ralph Leete, C. T. ldann, Lau-rcnce J.fcl,farrell, J.lore, SENATE, },fay 27, 1869. Lawrence T. Neal, James JV. J.iewman, Thonws YEAs-}.lesm. Wheaton Allen Nicholas Ball !if. Nichol, .Morgan N. Odell, James Pads, J,,o. George L. Clark. George IL Corliss, Benoni Car: B. Reacl, James Robinson, William L. Ross, 1Y. penter, Samuel W. Church, James S. Cook, Geo. C. Rutter, William Shaw, Andrew J. Swain, Jc­ B. Coggeshall, John· lll. Douglass, James T. Ed­ riah Swetland, Ansel 1'. Walling, William R. wards, Benjamin Fessenden Lysander Fla""' Wilson, Samuel J.[ Worth, and Speaker-47. Charles II. Fisher, Albert G. Hopkins, Da;id IIopkms, Asahel l\Iatteson Jos. Osborne Daniel Oregon. B. l'ond, William C. Potter Jethro P~ekham [Not yet voted. j Isaac B. Richmond, Lewis B. Smith, Charles c'. Van Zandt-23. Pennsylvania. NAYS-~lessrs. Pardon w. Stevens, Alfred SENATE, ldarch 11, 18G9. Anthony, Wilham Butler, Stephen C. Browning Silas C. Crandall, Samuel II. Cross Alaandc; YEAS-niessrs. Esaias Billinafelt., James C. Eddy, Timothy A. Leonard, Nathaniel 0. Peck­ Brown, G. Dawson Coleman, George Connell, ham, John B. Pearce, Jo.scph W: Sweet, George W. Russell Erreth, James W. Fisher, James L. Gra­ Taylor-12. ham, A. Wilson ]fouszey, .Tames Kerr, Morrow B. Lowry, A. G. Olmsted, P. 11. Osterhout, J no. IIovsE OF REPRESENTATIVES, J.[ay 29, 18G9. K. Robinson, C. II. Stinson, Ah,x. Stutzman, A. rote on postponing the question till the January W. Taylor, II. 1Vhite, Wilmer Worthington-18. session. NAYS-Jlfc.,srs. John B. Reel:, R. 8. Eruwn, FoR PosTPONEMENT-}.Iessrs. William D. Ald­ Charlton Bumeti, J. D. D,uis, C. JI. IJ11ncun, r_ich, ferdinanc! IL Allen, Emor J. Angell, Ju­ George D. JcuJson, IZ. J. Lin,/cnn,w, TViiliam lrn3 Baker, George N Eliss, Theodore l'. Bogert, ' J.IcC,rndlcs.1, Charle, J. T. JI.:I11lirc. A. G.. Mil­ Ba~·lies Bourne, John C. Brown, Ezra J. Cauv, ler, IJ. A. 1Yaylc, Wi/li,11;, JI. Rwulall, Thomos .T. Jfamilton Clarke, Nathaniel B. Durfee, Henry B. Searight, Samuel U. Turner, William A. Wal­ T. Grant, Rich:ud W. Greene, l\Iason W. Hale, lace-15. Slephen Harris, '\Villi am S. Kent, Robert H. IIousE OF REPRESENTATIVES, .ilfarch 25, l8G9. Knowles, Edward Lillibridge, John Loveland, YEAS-Messrs. Alex. Adaire, Fred. W. Ames, Francis W J.Iiner, Arion lllowry, Georo-e H. William Beatty, Samuel T. Brown, Andrew J. Olney, Samncl B. Parker, John C. ·Pegram~Sam­ Buffington, Wm. 11. Bumd, Loren Burritt, John 11cl Rodman, jr., William P. Shaffield, Nathaniel F. Chamberlain, Thos. Church, Junius R. Clark, C. Smith, George T. Spicer, Joseph E. Speink, John Clond, Elisha W. Davis, Allender P. Dun­ Horatio A. Stone, Nathan T. Verry, Albert .if. can, John Edwards, David Fvy, Jacob C. Gat­ Waite, John E. Weeden, Joseph D. Wilcox, Jas. chell, Alex. C. Hamilton, Jacob G. Heilman, :r,,r. Wright-35. A. Jackson Herr, Wm. G. Herrold, Robert Her­ AGAINST PosTPONE)fENT-!lfessrs. Benjamin T. vey, Henry R. Hoffman, J as. Holgate, Marshall Eames, (Speaker,) William T. Adams, Edwin Aldrich, Lncins C. Ashley, John H. Barden, Wil­ C. Hong. Washington \V. Hopkins, Miles S. Humphreys, Jas. A. Hunter, Samuel M. Jack­ liam W. Blodgett, Francis Brinley, Joseph F. son, 8arnuel Kerr, Chas. Kleckner, Augustus B. Brown, Henry Bull, jr., John T. Bush, Thomas G. Carr, John G. Childs, Thomas Coggeshall, jr., Leedond, Alex. Leslie, Jacob I-I. Longenecker, David M. Marshall, Amos H. !\Iartin, Stephen James C. Collins, Davis Cook, jr., Saladin Cook, Ed. Dowling, Daniel E. Day, Henry F. Brown, M. Meredith, Vincent Miller, George F. Morgan, Edwin L. Freeman, George W. Green, David S. George W. Myers, Thomas Nicholson, Jerome B. Harris, Wm. Knowles; Nathan B. Lewis, Jesse Niles, Wm. P. I. Painter, Jacob G. Peters, Jas. Metcalf, Jabez W. Mowry, Charles H. Perkins, M. Phillips, Geo. P. Rea, Archimides Robb, Jos. William H. Seagrave, O,._en W. Simmons-29.. Robison, David Robison, Almon P. Stephens, James V. Stokes, John D. Stranahan, Butler B. South Carolina. Strang, hs. SuLers, Aaron II. Summy, James Taylor, Harvey J. Vankirk, John H. Walker, SENATE, J.Iarch 6, 1869. James II. Webb, Jno. Weller, Geo. S. Westlake, YEAs-::\lessrs. JI. B1wk, R. H. Cain, E. E. Geo. Wilson, John Clark, (Speaker,)-G2. Dicksoa, R. J. Donaldson, II. W. Duncan, J. A. N AYs-niessrs. Joshua Beans, J1Iichael Beard, Greene, W. R. Hoyt, J. IC Jillson, C. P. Leslie, Samuel F. Bossard, Phillip Breen, llenry Brobst, John Lnnney, C. W. Montgomery, I-1. J. Max­ Robert B. Brown, Theodore Comman, Daniel well, W. B. Nash, Y. J.P. Owens, J. II. Rainey, JI. Creitz, Samuel D. Dailey, William J. Davis, W. E. Rose, S. A. Swails, J. J. Wright-18. .Armstrong B. Dill, James Esehbach, John JI. NAY-!llr. Joel Foster-I. Fogel, George Ii. Goundie, llenn/ S. Hottenstein, George R. Hursk, Richmond L. Jones, Samuel HousE OF REPRESENTATIVES, ][arch 11, 1869. Josephs, William H. J{,11,se, Thos. J. McCullough, YEAS-Messrs. F. J. !\loses, jr., (Speaker,) B. John M. Ginnis, Ee/ward C. }.[cKinstry, llenry A. Boseman, B. F. Berry, W. J. Brodie, S. Brown, J.IcJ.filler, P. Gray J.fcek, J.fichael J.fullin, Wm. John Boston, Joseph ·Boston, John A. Boswell, J.[ Nelson, Decatur E. Nice, Danl. L. O'Neill, Jas. Jason Bryant, W. A. Bishop, Lawrence Cairi, E. Place, Wm. H. Playford, John Porter, Benja· J. Cain, Wilson Cooke, W. S. Collins, Joseph min F. Porter, John I. Rogers, George Scott, Jo5. Crews, R. C. DeLarge, John B. Dennis, William Sedgwick, John Shirely, Lewis JI. Stout, Nathan Driffie, R. B. Elliott, J. II. Feriter, S. Farr, W. G. Westler-38. H. W. Gray, John Gardner, .iEsop Goodson, E. 498 POLITICAL MANUAL, [Part IV.

Hayes, C. D. Hayne, James N. Hayne, B. Hum­ John Rufus Smith, Jesse F. Snodgrass,· Richard phries, G. Hollinan, James Hutson, D. Harris, Thomas, William 0. Wright-22. John B. Hyde, D. J. J. Johnson, W. E. John­ NAYs-Messrs. Rhodes B. Ballard, John Bow­ ston, S. Johnson, B. F. Jackson, II. Jacobs, B. yer, Reuben Davisson, Henry H. Dits, William James, II. James,W. R. Jervay, J. H. Jones, W. II. M. French, Alpheus Gn,rrison, Benjamin F. Har­ Jones, C. S. Kuh, II. J. Lomax, George Lee, S. J. rison, James l!crvcy, John A. Jlntton, Ale:rander Lee, J. Long, J. Mayer, W. C. 1Iorrison, W. J. 1Ic­ J.f. Jacob, John J. Jacob, John Kincaid, Daniel Kinley, E. Mickey, G. F. 1Icintyre, II. 1IcDan­ Lamb, Thomas W. J.[anion, J as. T. 1IcClaskey, iels, J. S. :Mobley, J. P. Mays, J. W. Uead, W. Dn,vid S. Pinnell, Charles W. Smith, Louis C. Nelson, J. W. Nash, J. L. Nagle, P. J. O'Con­ Stifel, John T. Vancc-19. nell, IL W. Purvis, W. Perrin, J. Prendegrass, A. J. Ransier, Thomas Richardson, T. Root, A. Wisconsin. Rush, P. R. Rivers, E. 11. Stoeber, C. J. Stol­ branch, Itobert SmalJs, A. Smith, S. Saunders, SE;,sATE, March\), 1869. H. L. Shrewsbury, P. Smythe, 'r. K. Serporlas, YEAs-Messrs. Henry Adams, S. S. Barlow, R. F., Scott, B. A. Thompson, S. D. Thompson, W. J. Copp, J. W. Fi8her, William 1'I. Griswold, Reuben Tomlinson, W. 1I. Thomas, S. Tinsley, Geo. C. Hazelton, Lemuel W. Joiner, W. J. Ker­ C. 1L Wilder, John Wooley, W. J. Whipper, J. shaw, A. W. Newman, David Taylor, Anthony II. White, J.B. Wright, George M. Wells-88. Van Wyck, Geo. D. Waring, Chas. 11. Webb, NAYs-1'Iessrs. 0. 11L Doyle, R. }.[. Smith, C. G. Williams, Kelson Williams-15. John TVilson-3. N AYs-).Iessrs. TV. J. Abrams, Satterlee Clarke, NoT VOTING-Messrs. B. Barton, T F. Cl11­ II. H. Gray, Carl Jlabich, Chas. JI. Larkin, burn, John A. Chestnut, George Dusenberry, L. Wm. Pitt Lynde, L,;man J.forgan, Geo. Reed, W. Duvall, F. De 1Iars, P. E. Ezekiel, John G. Adam Schantz, w: lv: Woodman, TVm. Young Grant, J. Henderson, J. II. Jenks, II. Johnson, G. -11. Johnson, TV: C. Keith, F. A. Lewie, S. Litll~john, ABSENT AND NOT VoTING-E. S. Bragg, C. J.[. Wm. McKinley, John B. Jfoore, Y. B. r.lilford, Buth, William Ketcham, N. 11. Littlejohn, 1.L TV. F. F. Miller, 'l'V. J. 1Iixson, S. Nuckles, C. IL Louder, Curtis 11Iann, Henry Stevens-7. Pettengill, B. F. Sloan, TV. G. Stewart, William HousE OF REPRESENTATIVES, lifMch, 3, lSGO. Simons, J. Smiley, C. C. 1'urner, w: TV. Waller, YEAs-1Iessrs. Fayette Allen, Douglas At­ IL W. Webb-2Q. nold, H. D. Barron, J.B. G. Baxter, J. Bennett, Van S. Bennett, Benjamin H. Bettis, J. 11. Tennessee. Bingham, J. N. P. Bird, Thomas Blackstock, H. [Not yet voted ] C. Bottum, G. H. Brock, Luther Buxton, Syl­ vester Calwell, Ben. 11. Contes, Joseph S. Curtis, Texas. W. P. Dewey, Seth Fisher, Jas. S. Foster, Hiram [Not yet voted.] L. Gilmore, Geo. T. Graves, J. K. Hamilton, Joseph Harris, Andrew llenry, Itobert Henry, Vermont. Edwin L. Hoyt, Frederick Huntley, Edwin [Not yet voted.] Hurlbut, Thos. A. Jackson, D. H. Johnson, J. D. Johnson,C. C.Kuntz,O. B. Lapham,A.R. Mc· Virginia. Cartney, J. R. McDonald, John McLees, D. E. Maxson, , C. C. Palmer, C. D. [Not yet voted.] Parker, C.H. Parker, Cyrus Perry, A. L. Phil­ lips, Thad. C. Pound, Abner Powell, N.. B. West Virginia. Richardson, Freeman M. Ross. Wm. E. Rowe, M:. H. Sessions, Adelman Sherman, John A. Smith, SENATE, J.farch 3, 1869. S. E. Tarbell, Joseph M. Thomas, Thornton YEAS-Messrs. Jose1'b T. Hoke, (President,) Thompson, Vernon Lichoner, G. W. Trask, A. J. James Burley, II. K. Dix, Willis J. Drummond, Turner, N. P. Waller W. S. Warner, Jefferson F. Ephraim Doolittle, George K. Leonard, Z. D. Wescott, Samuel C. West, and Mr. Speaker A. M. Ramsdell, Alstorpbeus Werninger, Wm. Work­ Thomson-62. man, Samuel Young-10. NAYs-Messrs. John Adams, John JI. Bohne, NAYS-Messrs. Lewis Applegate, Wm. J. Bore­ A. K. Delaney. Andrew Dieringer, Richard Don­ man, Jesse IL Cather, Henry G. Davis, John M. ovan, Patrick Drew, Rees Evans, B. F. Fay, John Phelps, .Andrew Wilson-6. Fellenz, Charles Geisse, Job Haskell, James Woye, E. JL Ives, John Kastler, J. McDonald, C. E. HousE, March 2, 1869. J.Icintosh, D. W. J.faxon, William J.furphy, Eu­ · YEAS-Messrs. Solomon G. Fleming, (Speaker,) gene O'Connor, C. H. J.f. Peterson, J. Phillips, Joseph W. Allison, George W. Carpenter, James C. Pole, Jerome B. Potter, Henry Reed, Ilenry 0. Carpenter, Benjamin F. Charlton, Elias Cun• Rankel, John Ruttledge, John Scheffel, Geo. B. ningham, George Edwards, Joseph II. Gibson, Smith, Joseph Winslow-29. . Sidney Haymond, Fenelon Howes, John S. NoT VoTING-Messrs. George Abert, P. J. Keever, Edward S. Mahon, Andrew W. Mann, Conklin, J. L. Fobes, John Gillespie, Daniel William M. Powell, Thomas G. Putnam, John Hooper, A. G. Kellam, Henry Roethe, Parlan Reynolds, Barney J. Rollins,. Owen G. Scofield, Semple, Randall Wilcox-9. XLVIII.

STATISTICAL TABLES. PRESIDENTIAL ELECTION' RETURNS.-NATIONAL DEBT STATEMENT.

*Electoral and Popular Votes for President of the United Statesi- for .the Term Commencine: March 4, 1869. · ­

tFoa PRESIDE~T o, THE I UNITED STATES. POPULAR Vor£. :..:· C: .... c~ " STATES, 0 E" ~ ~. t~ .1. c:.; ~.g 00:,, "".,_, d!:; .5:::'.$ C Ol :=:c: ... 0 ""' tS:§ ::::z ~d gE :,n:: 00~ [~ E >. g,.g ~ci <1> ::i 1:::1 ~ Arn'"" p:;"'

5 New Hampshire...... 5 ...... 38,lnl 31,224 G.%7 l:l Massachusetts...... 12 ...... 13G,477 59,408 77,0,;9 4 Rhode Island...... 4 ...... 12.9n3 6,MS u,H5 6 Connecticut...... 6 ...... 50,G41 47,600 3.0-11 5 Vermont ...... 5 ...... 44,1H7 12,045 32;122 33 New York ...... -...... 3.3 41U.883 4:!9,SB3 ~10,000 7 New Jersey...... 7 so;121 8~,001 ~:!,880 .1 26 Pennsylvania ...... H...... 26 ...... 3·1::2,280 31.3,382 28,808 3 7 ijtz[{~ ...... :.:·:::::.-:.-.:·.::::::::::::::::::::::::::::::::::::::: :::::::::::::::::: ...... ~ ...... }:~5~....·....ig:~~~ ...... ~,!r~!.~ 9 North Carolina...... 9 ...... 9G,22G 84,090 12,1:is 6 Sputh Carolma...... 6 ...... 62,301 45,237 17,0,;4 11 hentncky...... ,...... 11 39,566 11;,,sso ~ir;,323 10 21 7 13 flK;fiiJ~::;;::;::~::~::::::::~:: :: -· -~ :: ::: ::5 ..... :~~ ...... i!tt ______Jl:i~ 10 lllinois...... 16 ...... 2.i0,29:l 199,143 51,lr.o 8 Alabama ...... ;...... 8 ...... 76,:!66 7:/.086 4.280 7 Maine...... 7 ...... 70,426 42,396 28,030 11 Missouri ...... 11 ...... 85,Gil 59,788 25,883

5 Arkansas...... 5 ...... 22 1152 10 1078 3,0i4 8 llfichigl\n...... 8 ...... 128,550 97,0GO 31,481 3 3 Ra:!~ii,r:::::::·.:::::::·:·::::::::::::::::::::::::::::::::::::::::: ...... • :::::::::::::::::: :::::::::::::::::: :::::::::::::::::: :::::::::::::::::: 8 Wisconsin ...... 8 ...... 108,857 8-1,710 24,147 8 Iowa...... s ...... 120,:ioo 74,040 46,359 5 California...... 5 ...... 64,:,92 54.078 514 4 Minnesota...... 4 ...... 43,542 28,072 15,470 3 Oregon...... 3 10,061 11,125 e164 3 Kansas...... 3 ...... 31,049 14.019 17,030 5 West Virginia...... 6 ...... Z.J,025 20,306 8,719 3 Nevada...... 3 ...... 6,480 5,218 1,262 3 Nebraska...... 3 ...... 9,720 5,439 4,290 Excluding Georgia...... 214 l 71 I 2,95:\,Gn9 I 2,G00,4271 35;;,272 9 Georgia...... 9 I 57,134 102,822 ~15,688 Including Georgia...... 214 80 j 3,012,833 j 2,703,249 I 309,584

*The whole number of electors to vote for President and Vice President, including electorh of Georg:ia, is 294, of which a majority is 148; and the whole number, excluding those of Georgia, iH 285, of which a majority is 143. t For presidential election returns of 1800 and 1864 seep. 111 Political Manna! for 1868, or p. 372 Hand-Book ol Politics. t For Vice President, Schuyler Colfax, oflndiana, received 214 electoral votes; and F. P. Blair, Jr.,of l\Iissouri, 71 votes, excluding the vote of Georgia, or 80 including it. ~ Democratic majorities. HNo vote. ,r By legislature. 117 STATEMENT OF THE PU13LIC DE13T OF TRE UNITED STATES.-JULY 1, 1869. C7< -:' 0 ~­ .,,., 0 ,._: Debt bearing Coin Interest.

Amount out­ When Payable. Authorizing Acts. Character of Issue. Rate of Interest. standing. When Redeemable or Payable. Accrued Interest.

June 14, 1858...... Bonds ...... 5 per cent...... $20,000,000 00 Payable aftc"? 15 years from January 1, 1859 ...... $500,000 00 January and July. June 22, 1860...... Bonds ...... 5 per cent...... 7,022,000 00 Payable after 10 years from January 1, 1861...... 175,550 00 January and July. February 8, 1861•.•.. Bonds, 1881 ...... 6 per cent...... 18,415,000 00 Payable after December 31, 1880...... 552,450 00 January and July. March 2, 1861...... Bonds, ( Oregon 6 per cent...... 945,000 00 Redeemable 20 years from July 1, 1861...... 28,350 00 January and July. war,) 1881. Julyl7 and August Bonds, 1881 ...... 6 per cent...... 189,317,500 00 Payable at pleasure of Government after 20 years from June 5,G79,525 00 January and July. 6, 1861. 30, 181H. February 25, 1862... Bonds, {5-20's) ...... 6 per cent...... 514,771,600 00 Redeemable after 5 and payable 20 years from llfay 1, 1862 ...... 6,147,716 00 llfay and November. >,:j 0 March a, 18G3 ...... Bonds, 1881...... 6 per cent...... 75,000,000 00 Payaule after June 30, 1881...... 2,250,000 00 January and July. t< H March 3, 1864...... Bonds, (10-40's) ..... 5 per cent...... 194,5G7,300 00 Redeemable after 10 and payable 40 years from March 1, 186-1... 3,242,788 33 llfarch and September. H l\!ay and November. H March 3, 18G4 ...... Bonds, {5-20's) ...... 6 per cent...... 3,882,500 00 Redeemable after 5 and payable 20 years from J',;ov. 1, 186L.... 38,825 00 Cl June 30, 1864...... Bonds, (5-20's) ...... 6 per cent...... 125,561,300 00 Redeemaule after 5 and payable 20 years from Nov. 1, 1864..••.. 1,255,613 00 l\fay and November. > t< March 3, 1865...... Bonds, (5-20's) ...... 6 per cent...... 203,327,250 00 Redeemable after 5 and payable 20 years from Nov. 1, 1865 ...... 2,033,272 50 l\fay and November. !Ifarch 3, 1865 ...... Bonds, (5-20's) ...... G per cent...... 332,908,950 00 Redeemable after 5 and payable 20 years from July 1, 18G5 ...... 9,080,068 50 January and July. t::: !Ifarch 3, 186:...... Bonds, (5-20's) ...... G per cent...... 379,582,850 00 Redeemable after 5 and payable 20 years from July 1, 1867...... 11,387,435 50 January and July. > !Z March 3, 1865...... Bonds, (5·20's)...... 6 per cent...... 42,530,350 00 Redeemable after 5 and payaule 20 years from July 1, 1868...... 1,270,210 50 January and July. ~> Aggregate of debt bearing coin interest...... 2,107,930,600 00 ······································•····· ······················································ 43,5ii7,72-1 33 r' Coupons payaule May 1, 1860, not presented for payment... 2,938,388 00 46,496,112 33 Less amount paid in advance ...... 1,122,182 00 - 1 I 451:n:J,o:30 33

Debt bearing Interest in Lawjul J.Joney.

March 2, 1867, an

Debt on which Interest has ceased since maturity.

Amount out­ Authorizing Acts. ICharacter of Issue.I Hate of Interest. standing. When Hodcemable or Payable. Accrued Interest.

April 15, 1842...... Bonds ...... 6 per cent...... $6,000 00 Matured December 31, 1SG2...... $3GO 00 January 28, 1847...... Bonds ...... 6 per cent...... 26,150 00 Matured December 31, 1867...... : ...... l,5G9 00 March 31, 1848...... Bonds ...... 6 per cent...... G0,850 00 Matured July 1, 1868, (9 months' interest)...... 3,143 25 5 m September 9, 1850.. . Bonds, (Tex. ind.) per c•:,nt...... 242,000 00 I\Iatured December 31, 1864...... 12,100 00 >-3 Prior to 1857 ...... Treasury notes... . 1 mill to 6 per ct. 104,511 64 I\Iatured at various dates...... 3,135 35 >-3> December 23, 1857.. Treasury notes... .. 5 to 5% per ct... . 2,400 00 I\Iatured l\Iarch 1, 18',9 ...... 120 00 l:;j March 2, 1861...... 'l'reasury notes. .. . 6 per cent...... 3,300 00 Matured April and llfny, 18G3...... 198 00 . "'..... July 17, 18G7...... Treasury notes, (3 7 3-10 per cent.. . 34,900 00 I\Iatured August 19 and October 1, 18C.4...... 2,547 70 l:;j years.) z >-3 March 3, 18G3...... Treasury notes,(115 l'er cent...... 338,552 00 Matured from January 7 to April 1, 1866...... ~ ..... 16,9!?7 60 and 2 years.) 0 l,;j March 3, 1863...... Certificates of ind. 6 per cent...... 12,000 00 Matured at various dates in 1866...... 720 00 March 3, 1863, and Comp. int. notes... 6 per cent...... 2,871,410 00 Matured June 10, 1867, and ]!fay 15, 186S.. , ...... 557,053 08 >-3 June 30, 1864. ::ti t,: June so, 1864...... Temporary loan ... ! 4, 5, and 6 per ct.. 186,310 00 Matured October 15, 1866...... 7,6.51 98 June 30, 1864, and Treasury notes, (3 7 3-10 per cent... 1,166,500 CO Matured August 15, 1867, and June 15, 1868 ...... 85,154: 50 >ti March 3, 1865. years.) ~ b:f t" Aggregate of debt on which interest has ceased 5,063,883 64 690,680 46 ..... since maturity. a ~ l:;j Dlbt bearing no Interest. b:f :-,i July 17, 1861...... } $121,637 50 I February 12, 1862. Demand notes...... No Interest...... February 25, 1862.} July 11, 1862...... U.S.legal-ten. nts. No interest...... 355,935,104 50 March 3, 1863...... July 17, 18G2...... Postal currency... No interest..... } 32,0G2,027 73 March 3, 1863...... } Fractional cur'cy. No interest..... June 30, 1804...... ~farc_h 3, 186~ , ...... Cert. for gold dep. No interest...... 30,489,640 00 I Aggregate e .d.ebt ))i:111_:ring no interest...... 418,608,409 73 0°' ·- ...... _ I ,.... <;]t 0 STATEMENT OF THE l'UBLIC DEBT OF THE UNITED STATES, JULY 1, 1869.-Continued. N)

Recapitulation..·

Amount outstanding. Interest.

Debt bearing interest in coin, viz: Bonds at 5 per cent., issued before March 3, 1864 ...... $27,022,000 00 Bonds at 5 per cent., (10-40's,) issued under act of Jfarch 3, 1864...... 194,567,300 00 Bonds of 1881, at 6 per cent...... ~83,677,500 00 5-20 Bonds, at 6 per cent...... 1,602,663,800 00 1------$2,107,930,600 00 45,373,~30 33 Dobt bearing interest in lawful money, viz: 'tJ 0 Certificates, 3 per cent. interest...... 52,120,000 00 t" 1-t Navy pension fund, 3 per cent. interest...... H,000,000 00 >-l 1------1 66,120,000 00 1,382,700 00 1-t a Debt bearing no interest, viz: > Demand and legal.tender notes...... 356,056,832 00 t:' Postal and fractional currency...... 32,062,027 73 Certificates of !':Old deposited...... : ...... 30,489,640 00 :,::: 418,608,499 73 > 690,680 46 z Debt on which interest has ceased since maturity...... 5,063,883 64 Cl > Total debt-Principal outstanding...... 2,597,722,983 371------; r' Interest accrued, $!8,569,493 79, less am't of interest paid in advance, $1,122,182...... 47,447,310 79 ,~.------­I Total debt-Principal and interest...... : ...... '...... , ...... , ...... ,...... ,...... !...... :...... $2,645,170,294 16

Amount in Treasury-Coin, belonging to Government...... $79,713,072 62 Coin, for which certificates of deposit are outstanding...... : ...... 30,480,640 00 Currency...... 87,097,818 89 Sinking fund, in bonds bearing coin interest and accrued interest thereon...... ;...... 8,867,282 07 ------1 156,167,813 58 Amount of public debt, less cash and sinking fund in Treasury...... - ...... ;...... · 2,489,002,480 58 Amount of public debt, less cash and sinking fund in Treasury, on the 1st ultimo...... 2,505,412,613 l'.! ~ Decrease of public debt during the past month...... 16,410,132 51 Decrease since March l, 1869...... 36,460,i79 43 ~ ~ '"O t, l)q (';) ,...... ,...... N) L--1 STATEMENT OF THE l'UBLIC DEBT OF THE UNITED STATES, JULY 1, 1869.-Continued,

Bonds issutd to the Union Pacific Railroad Company and Branches, Interest Payable in Lawful ];fone-i;.

Ul >-3 ,v1icn Redeemnule or Interest repaid Balance of Inter• > Rate of Amount out• Interest Payable. Interest Accrnecl Interest paid by >-3 Autborlziog Acts. Character. of Issue. Interest~ stuudiug. Payaulo. and uot yet }laid. United States. Uy tram1portat'n est paid by t".l of mails, &c. United States...... ,.... zt;j July 1, 1862, and July 2, Bonds, (Union Pacific 6 per cent. $25,998,000 00 Payable 30 years frcm January 1 and $768,104 37 $1,313,765 52 $906,446 11 $407,319 41 >-3, 1864. Co.) date. July 1. 0 l,j July 1, 1862, and July 2, Bonds, (Union Pacific, 6 per cent. 6,3~3,000 00 Payable 30 years from January 1 and 189,09) 00 045,723 00 540,569 10 99,153 99 Eastern Division.) date. July 1. >-3 1864. t::: t;j July 1, 1802, and July 2, Bonds, (Sioux Cityand 6 per cent. 1,628,320 00 Payable 30 years from Jan. 1 & July 1· 43,45'1 93 52,963 76 16 27 52,947 49 1864. Pacific.) date. ­ 't1 Cl 2,362,000 00 } Payable 30 years { Jan.16&July10 64,065 65 617,956 83 July 1, 1862, and July 2, Bonds, (Central P11ci­ 6 per ct.} 72,66ij 99 • 1,030,119 60 l;.j 20,427,000 00 Jan. 1 & July 1 } ... 1864. fie.) from date. 643,064 49 584,829 70 ;;.. a July 1, 1862, and July 2, Bonds, (Central Bra'ch 6 per cent. 1,600,000 00 Payable 30 years from January 1 and 48,000 00 157,808 26 3,490 79 164,317 47 t:1 , 1864, Union Pacific, as­ date. July 1, t;j signees of Atchison l;.j and Pike's Peak.) ~ July 1, 1862, and July 2, Bonds, CW estern Paci­ 6 per cent. 320,000 00 Payable 30 years from Janunry 1 and · 9,600 00 37,006 03 ...... 67,006 03 1864. ' fie.)

0 ~°' XLIX.

MISCELLANEOUS MATTERS.

Letter from General Sherman. leaders, and the rebel army; and he left me un­ THE SURRENDER OF GENERAL JOS. E, JOHNSTON. der the impression that all he asked of us was To the editor of the Tribune. to dissipate these armies, and get the soldiers Srn: In your issue of yesterday is a notice of back to their homes anyhow, the quicker the Mr. Healy's picture,'representing the interview better, leaving him free to apply the remedy and between Mr. Lincoln, General Grant, Admiral the restoration of civil- law. He (Mr. Lincoln) Porter, and myself, which repeats substantially surely left upon my mind the impression war. th~ ~ccount published some time ago in Wilke:.' ranted by Admiral's Porter's account, th'at he Spirit of the Times explanatory of that inter- · had long thought of his course of action when view, and altnlrnting to Mr. Lincoln himself the the rebel armies were out of his way, and that 1,aternity of the terms to .General Johnston's he wanted tc, get civil governments reorganized army at Durham, in April, 18G5.* at the South, the quicker the better, and strictly I am glad. yon have called public attention to conforming with our general system. the picture 1lself, because I feel a personal inter­ I had been absent so long that I presumed, est. that l\Ir. Healy should be appreciated as one of course, that Con~ress had enacted all the laws of our v~ry best American artists. Dut some necessary to meet uie event of peace so loncr ex­ frien_ds. here think by silence I may be construed pected, ancl the near approach of which ~ust as w1llrng to throw off on Mr. Lincoln the odium then h_ave been seen by· the most ·obtuse, and of those terms,. If there be any ouium, which all I a1meq to do was to remit the rebel army I doubt, I surely would not be willing that the surrendering to me to the conditions of the laws least show of it should go to 1Ir. Lincoln's mem­ of the country as they then existed. At the ory, which I hold in too much veneration to be time of Johnston's surrender at Durham, I drew stained by anything done or said by me. I un­ up the terms with my own hand. Breckinridge derstand that the substance of 1Ir. Wilkes's oria­ had nothing at all to do with them more than inal article was compiled by him after a railrotcl to discuss their effect, and he knew they only conversatio? withAdmiral Porter, wh? was pres­ applied to the military, and he forthwith pro­ ent at that interview, as represented m the pie­ ceeded to make his escape from the country; a ture, and who made a note of the conversation course that I believe Mr. Lincoln wished that immediately after we separated. He would be Mr. Davis should have succeeded in effecting, as more likely to have preserved the exact words well as all the other leading southern politicians used on the occasion than I, who made no notes again£t whom public indig~ation always turned then or since. I cannot now even pretend to re'. with a feel mg far more mtense than against call more than the subjects touched upon by the Generals Lee, Johnston, and other purely mili­ seyeral _parties, and the impression left on my tary men. mrnd after we parted. The interview was in _I repeat1 that, according to my memory, Mr. March, nearly a month before the final catastro­ Lmcoln did not expressly name any specific phe, and it was my part ~f the plan of opera­ terms of surrender, but he was in that kindly t10ns to move my ~rmy, rernforced by Schofielcl, and gentle frame of mind that would have in­ then at Goldsboro, North Carolina, to Burkes­ ?need him to approve fully what I did, except­ ville, Virginia, when Lee would have been forced mg, probably, he would have interlined some to surrender in Richmond. The true move left modifications, such as recognizing his several lo him was a hasty abandonment of Richmond proclamations antecedent, as well as the laws of join his force to Johnston's, and strike me in th; Congress, which w0ulcl have been perfectly right open country. The only question was, could I and acceptable to me and to all parties. Hustain this joint attack till General Grant came . I dislike to. open this or any other old ques­ up in pursuit? I was confident I could; but at hon, 11nd do it for the reason stated, viz, lest I tho very moment of our conversation General be construed as throwing off on Mr. Lincoln Grant was moving General Sheridan's heavy what his friends think should be properly borne force of c11valry to his extreme left to prevent by me alone. this very contingency. Mr. Lincoln, in hearing If in _the original terms I had, as I certainly us speak of II final bloody battle, which I then meant, rncluded the proclamations of the Presi­ thonght would fall on me near Raleigh did ex­ d_ent, they would have covered the slavery ques­ claim, more than once, that blood eno~gh had t10n and all the real State questions which a.lready been shed, and he hoped that the war caused the war: and had not 1Ir. Lincoln been would end without any more. We spoke of assassinated at that very m0ment, I believe those what was. to be done with Davis, other party "terms" would have taken the usual course of approval, modification, or absolute disapproval, "For these terms, see Political Manual for 1866 and and been returned to me, like hundreds of other the Hand-Book ofPolitics for 1868, p. 121, ' official acts, without the new~paper clamor and 504 Page 123] :MISCELLANEOUS MATTERS, 505

unpleasant controversies so unkindly and un­ article XII of the said cons ti tu tion which is in pleasantly thrust upon me at the time. the following words: "' That I hav~ never, as a. I am, truly, yours, rnember of any convention, voted for or signed W. T. SHERMAN, General. any ordinance of secession ; that I have never W.ASIIINGTON, D. C., April 11, 1869. as a member of any State legislature, voted fo; tbe call of any convention that passed any such •}'resident Grant's Proclamation for the Election ordinance.' The above oath shall also be taken in Mississippi, issued July 13, 1869. by all the city and county officers before enter­ In pursuance of the provisions of the act of ing upon their duties, and by all other Stato Congress approved April 10, 1869, I hereby officers not included in the above provision." designate Tuesday, the :lOth day of November, I direct the vote to be taken upon each of the as the time for submitting the constitution above cited provisions alone, and upon the other adopted ou the 15th d,1,y of :lifay, 1868, by the portions of the said constitution in the following convention which met it1 Jackson, Mississippi, manner, viz: . to the voters of said State registered at the date Each voter favoring the ratification of the of such submission, viz, November 30, 1869. constitution, (excluding the provisions above And I submit to a separate vote that part of quoted,) as adopted by the convention of May section 3 of article VII of said constitution, 15, 1868, shall express his judgment by voting which is in the following words: FOR THE CO),STITUTION. "That I am not disfranchised in anv of the Each voter favoring the rejection of the consti­ provisions of the act known as the reconstruc­ tution, (excluding the provisions above quoted,) tion acts of the 30th and 40Lh Congresses, a.nd shall express his judgment by voting that I admit the political and civil equality of AGAINST THE CO:S-STITUTION. all men; so help me God: Provided, That if Each voter will be allowed to cast a separate Congress shall at any time remove the disabili­ ballot for or against either or both of the provis­ ties of any person disfranchised in the said re­ ions above quoted. construction acts of the said 39th and 40th It is understood that sections 4, 5, 6, 7, 8, 9, Congresses, (and the legislature of this State 10, 11, 12, 13, 14, and 15, of article XIII, under shall concur therein,) then so much of this oath, the head of "Ordinance," are considered as and so much only, as refers to the said recon­ forming no part of the said constitution. struction acts, shall uot be required of such per­ In testimony whereof I have hereunto set my son so pardoned to eutitle him to be registered." hand and caused the seal of the United States to And I further submit to a separate vote sec­ be affixed. tion 5 of the same article of said constitution, Done at the city of Washington this thirteenth which is in the following words: "No person day of July, in the year of our Lord shall be eligible to auy olli.cA of profit or trust, one thousand eight hundred and sixty­ civil or military, in this State, who, flS a member [sEAL.) nine, and of the independence of the of the legislature, voted for the call of the con· United States of America the ninety. vention that passed the ordinance of secession, fourth. U.S. GRANT. or who, as a delegate to any convention, voted By the President: for or signed any ordinance of secession, or who I-lAmLTON FISH, gave voluntary aid, countenance, counsel, or Secretary of State, encouragement to persons engaged in ar1Ded hostility to the United States, or who accepted or attempted to exercise the functions of any *President Grant's Proclamation for the 'Election office, civil or military, under any authority or in Texas, issued July 15, 1869. pretended government, authority, power, or In pursuance of the provisions of the act of constitution, within the United States, hostile or Congress approved April 10, 1869, I hereby inimical thereto, except all persons who aided designate Tuesday, the 30th day of Novemb_er, reconstruction by voting for this convention, or 1869, as the time for subm1ttrng the constJtut10n who have continuously advocated the assem­ adopted by the convention which met in Austin, bling of this convention, aud shall continuously Texas, on the 15th day of June, to the voters _of and in good faith advocate the acts of the same; S[l,id State, registered at the date of such subm1s­ but the legislature may remove such disability: sion, viz: . Provided, That nothing in this section, except I direct the vote to be taken upon the said voting for or signing the ordinance of secession, constitution in the followiug manner, viz: shall be so construed as to exclude from office Each voter favoring the ratification of the the private soldier of the late so-called Confed­ constitution1 as adopted by the convention of erate t::itates army." the 15th of June, 1868, shall express his judg­ And I further submit to a separate vote sec­ ment by voting tion 5 of article XII of the said constitution, FOR THE COKSTITUTION. which is in the following words: "The credit of Each voter favoring the rejection of the con­ the State .shall not be pledged -0r loaned in aid stitution shall express his jmlgment by voting of any person, association, or corporation; nor AGAINST THE CONSTITUTION. shall the State hereafter become a stockholder In testimony whereof I have her~unto set my in any corporation or association." ·hand and cansed the seal of the United S\ates to And I further submit to a separate vote part be affixed. of the oath of office prescribed in section 26 of Done at the city of Washington, this fifteenth nay of hly, in the year of our Lord Received too late for insertion in proper place with one thousand eight hundred and sixty• other* proclamations. 506 POLITICAL :MANUAL. [rart IV.

[SEAL.] nine, and of the independence of the Proposed Amendment to Constitution of the United States of America the ninety- United States. fourth. U. S. GRANT. At various public meetings the following By the President: amendment to the preamble of the Constitution HAMILTON FislI, of the United States has been proposed: Secretary of State. We, the people of the United States, acknowl­ edging Almighty God as the source of all author­ Female Suffrage. ity and power in civil government, the Lord Jesus Christ as the ruler among the nations, and The special committee oft.he Senate of Mass;i,­ His will, revealed in the Holy Scriptures, as of chusetts has reported the following amendment supreme authority, in order to constitute a to the constitution of that State: christian government, form a more perfect union, Artir,/e of amendment.-" The word 'male' i~ establish justice, insure domestic tranquillity,. hereby stricken from the 3d article of the amend­ provide for the common defence, promote the ment of the constitution. Hereafter women general welfare, do ordain and establish this of this Commonwealth ehall have the right of Constitution for the United States of America. voting at elections and be eligible to office on the same terms, restrictions, and qualifications, and subject to the same restrictions and disabili­ Elections of 1869. lies, as male citizens of this Commonwealth now In NEW HAMPSHIRE the vote was: for Gov­ are, and no other." ernor, Onslow Stearns, (Rep.,) 35,733; John Be­ [This amendment must be approved by two del, (Dem.,) 32,001. successive legi8latures, and then submitted to In RHODE ISLAND the vote was: for Governor, the men of tho State.] Seth Paddleford, (Rep.,) 7,359; Symon Pierce, June 2.-It was voted down by the Senate­ (Dem.,) 3,390. · yens 9, nays 22, as follows: In CONNECTICUT the vote was; for Governor, YEAs.-1Iessrs. Whiting Griswold, Francis A. , (Rep.,) 45,493; James E. Eng­ Hobart., Nathaniel J. Holden, Richmond King­ lish, (Dem.,) 45,082. Jewell's majority, 411. man, Ciiarles R. Ladd, Charles Marsh, Robert C. In MICHIGAN, at the judicial election, Thomas Pitman, (President,) Richard I'lumer, Chas. U. 1I. Cooley was elected justice of the 811preme "\Vheelock-9. court by 90,705 to 59,886 for 0. Darwin Hughes. NAYs.-:!,Iessrs. Geo. 0. Brastow, Geo. U. But­ In VIRGINIA the vote was: for Governor, Gil­ trick, H. II. Coolidge, Sam'l D. Crane, Edmund bert C. Walker, (Cons.,) 119,492; IL IL Wells, Dowse, John B. Hathaway, Estes Howe, George (Rep.,) 101,291-Walker's majority, 18,264. The A. King, C. J. Kittredge, J. N. Marshall, Geo. vote on clauses was: for clause 4, sec. 1, art. III IL Monroe, E. W. Morton, J. R. Palmer, Jos. of constitution, (disfranchising,) 84,410, against G. Pollard 0. II. P. Smith, George IL Sweetser, 124,360-majority, 39,950; for sec. 7, art. III, George S. Taylor, Edward ThomaR, J. S. 'l'odd, (test oath,) 83,458, against 124,715-majority, Harrison Tweed, G. B. Weston, Jonathan White 41,2iS7. For the constitution, 210,585, against -22. 9,136. NoT VoTING.-Messrs. Nathaniel E. Atwood, In WASHINGTON Territory the vote was: for Benjamin Dean, A. 1I. Giles, L. J. Knowles, Delegate to Congress, Garfield, (Rep.,) 2,742; John II. Lockey, Charles R. McLean. Daniel Moore, (Dem.,) 2,595-Garfield's majority, 147. Needham, Jos. G. Ray, Geo. M. Rice-9. Proposed XVIth Amendment. R. T. Daniel's Dispatch to President Grant. HOUSE OF REPRESENTATIVES u. S., 1869, }.[arch RIClIMOYD, July 7, 1869. 16.-1Ir. JULIAN introduced a joint resolution Mr. PRESIDENT: On behalf of the State ex­ proposing the following as the XVIth amend­ ecutive committee of the Walker party, I con­ ment to the Constitution of the United States: gratulate you uplln the triumph of your policy ARTICLE XVI. The right of suffrage in the in Virginia. The gratitude of the people for United States shall be hased on citizenship, and your liberality is greatly enlivened by the over­ shall be regulated by Congress, and all citizens whelming majority by which that policy pre­ of the United States, whether native or natural­ vails. R. '£. DANIEL, ized, shall enjov this right equally, without any Chairman distinction or cliscrimination whatever founded His Excellency U. S. GRANT, on sex. President of the United States.

I11 SENATE. IN SE!rATE. bT SENATE. IN SENATE. IN SENATE. IN SENATE. INDEX TO MANUAL OF 1869.

ADDRESS, ~re~ident Grant's Inm~gnral, 416, _417. ] Co:sSTITUTIO:s, proposed XVlm amendment to, 50G• pro­ ALADAMA,Sm1th, Governor, vice I atten, ~·:µ-1slature C?~.. posed religions amenrlrnent to, 50G. ' vened and ~IVth amendment rati!"~ed, 4:28; rn1h. CO:S-TRACTR, express, to pay coin, 44:3-448. taq rule withdrawn, 4:.!2, 4:.!8; attitude towards COOKE, General P. St. G., to ucpartment of Cumberland X\ th amendment, 488. 4~,,. ' ALuso:s, WM. B., moti?ns on public credit hilJ. !Jn6, 413. CORBETT, ITc::rnY W., motion on XVth constitutional A»r:~D)IE:NT, congrcs~wnal proceedrng-s on X\, th, :l!J9­ nm0ndmcnt 4ll:?. 40G; to tl.ie tcnnnH>f-ofli~e act, 4U-4I,!; resoh1~ion Cox, ,JAcou D., S~cret:iry of the Interior, 407. as to effect of XVth. 41~; votes of 8tnte leg1sla­ CRANDAL!, ~s. State of Nevada, 4:lH:)7. tures on the XV th, 48S; proposed XVIth, 50G; pro­ Cr.EDIT, bill to strengthen public 305 307· act &c. posed relur10u8 com:.htnt10nal, 50G. 412, 41:J. ' ' ' ' ' AM::iE~TY, Gcne"l'al, PresidentJohnson's Proclamation of, CrrEsWELL, Jorr:s' A. ,l., Po~,tma~ter General, 407. 4W. CROOKE, General GEon.ur:, to department of the Colum· ARJL\NS.\S, military rule withdrawn, 422,428. 4'.?fl; admit· hia, 4~i. tcIr.s, motions on XVth amendment 402 405. EnomIALL, JoHN l\I., resolution ., n1otions as to XVth amendn'1ent. BRO:N"so~ vs. Ilo»Es, Unit.eel States Supreme Court opin· 401, 40!. ' ion, ;vi.th diss~.ntiug ?~ini~n, 4f:3~·!8. . Dcrrn::i upon merrhnn,Uze in French !=lbips, 4:21. BROWN, Chief Justice, opm10n 111 ,\ h1te vs. Georgia, 470, En::11uxns: GmRGB F., resolution as to Georgia electoral 4il; opinion of Georgia !-:npreme conrt as to inter­ vote, :m3.

1narriage of whites n.nrl Lincks, 474, 4-75. Ernnr-Ho('R ,v AGES, Grant's proclamation1 4:21. BucH.\N"AN, General, temporary com1nant, General A. C., assigned to fourth militmy dis­ the Crosar Griffin case, 457-4G2. trict, 42"2; relieved, 4:l4. CLIFFORD, Justice, dissenting opinion, in Crandall vs. GoRHAM, GEORGE C., Secretary UnitedSt!'tes Senate, 407, Kcvada., 4:JO 4;37, G1a:sT, GE:SERAL U. S., orders re-d1str1ctmg southern CotFAX, SCHUYLER., Speaker, 38;';; dPclared e.lected Vice States, 422; military aid to civil authoritie£1, 423, President 395; Vice President and President of 424; sentences of military commissions, &c., 424; Senate, 407.' assigns Canby to, anu relieves Reynolds from, fifth CONGRESS, Members of the 40th, 3d session, 383,384; of military district, 4~4; declared President of the the 41st, 407,408. United States, 3%; cabinet of, 40fi, 40':; inaugnral Co:s:sECTICUT, vote on XVth amendment, 488,489; elec­ address, 41G, 417; reconstruction message, 417; tion of1809, 50G. proclamation for Virginia (:)ection, 420,421; as to Co:s:sEss, Jon:,, motion as to XVth constitutionai amend­ cluties on merchandize, 4!1; eight-hour wae;es, ment, 401. 421; for Mississippi election, 505; for Texas e1ec­ C0NSTITUTI0:SAL AME:SDMEYT, XVTa;eongressional pro­ tion, 505, 50G; mnJority for PresidentUnitedStates, ceedings upon, 399-406. 499. · 507 508 INDEX.

GRIER, Justice, dissenting opinion ns to stntus ofTexns, Nr.GRO office-holding in Georgia, 4G6-474. 4,-,4-4,-,G. NEVADA, vote on XVth amcnrlment, 4D4. Gn1Fr1:,;, C.·ESAR, jndicbl opinion~. 457-4GG, l'i•w l!AMPSl!!HE, vote on XVth amendment, 4D4, 4D5; lIAJ,LECK, General IL W., to military division of the election of 18UH. 500. South, 4:!J. !\tw JERSEY, XVth nmctHlmC'nt., 4D5. llAxcocK, General W. S., to department of Dacotah, NEw YonK. vote on X\'th ntnC'ndnwnt., 405, 4Dfi. 4U. ::-;1m:AcK, \V11,11.ur E.:rnotion ns to p11lilic ~ret1it hill, 0!JG. HE:-;nEnso~, JonY B .. motionR n~ to pnhlic crrtlit lJill, Nor:Trr CAnoux.\, on{C'r n~ to railroad director~, rnlifi<'n­ :rn:i, :1!>7; ns to X\'t.h nmC'ndmcnr, 401. tion of XlVth nmcndmt•nt, 4~i; military rnle Ih:x11RirKs, Tno:u.\s A., snli~titnt<.~ f(,r n'solntion f'Oil· C('n:-::e.'-l, 4ii. 4:!7; vote on XVth :11ncn-l-(S. OFFICBI, prorlttmations of the y0:1r, -117-·1:!1. HoW.\l:Il, J.\COH :!\I., re~olntion rtR to U0orgin. c!Pdornl Omo, Rt>pnldi,·nn nn,l lJC'nweratie platforms, 4S2, 4S:J; votc,:111.1; motion a~ tonnd upon XVthamcndment, vote on XVth nrnC'IHlment. 4tJG, 4.\.fi. 401, 4tt4, 40.:i,; on p11Llie erPdit bill. 41:l. Onn1:Rs on reC'onstrn<•tion, 4~2-4:tl. llow.\r.o, licncral O. 0., to department of Louisiana, Oni,:oo:'lr, XYth nm0ndmrnt, 497. 4:.!,-,. PAnFic Hailroad hondR, 503. lLLI;\'01:.., vote on XVth nmcndmcnt, 4fl0. PA1x1o;. II.~1,m-:RT E., rei,mluUon as to Georgia congress~ J~ALGl'RAL ADDH.F.~8 OF PHESIJ)E:'\T (3R.\X'r, 4Hi, 417. mPn, :ma. Ixm.\XA, vote on XYth nmcndlll('nt 400, 4:)L PASSE~GER TAx, <'nn StntC'R k,v n throrn..!:h, 4:11-1~7. h.;u;~:u:.RIAGE of whites and Llneks in GC'orgin, 474, PENX8YLY:\NIA, l!Ppnldit•an nn(l Dt·n1IS of States, rnr,a, 478-4RS. I1H'8Sa~c, as4-:WI; gc1wra·I mnne:;ty prodamation, l'oLITICAL Vor:i-:,;, :31} Re~sion, •!Otl1 Congress, 3'.ll-:1D8; 1st 410. se:-;~ion 4h:t Conµ-rN~~, 40-4-41.). JonXSHX, .J.Drns A., motion ns to effect of XVth umennr, ofH.cin1, 417-421, 50,j, GOG. 111011t, -! U. Pum.rc Cntrnl'J' hill. :1!J.1-:~!1i; U<'t, 41:!, 41:3. Jo:r:-..-;T•)\, ,J.E., the ~nrr0ndcr of, 50.J., Ci03. Pi.::111,rn DEBT, statt•nwnt, fiOO-tio~. JVriICI\T, ]J:~i'JS10XS, 4'.H-17,-,. HAxn.uL, A1.r.x.\xn::T'~ \f., PnstmnslPr G0n0ral. ;;:,.~1. _.. .}t'lll~Dll'Tl(!:'l' OF l\IH,IT \TIY ClDDTISSrnxs. &c., 473-'178. HATIFH'A1'IOX X\"th amendment, tin~11 cl·rtitieatc, 417­ l{ ,x.,;..\:-., Yote on XYth a111C'1Hlnwnt, 4!11. 410. KE~Tcri,v, vote on XVth nrn01Hlmf'nt. 4fll, 4,!)~. IlAwux-;, .ToHx A .• SC'crC'tnry of \fnr, 40G: AttOrnC'r Gen­ Lo{,\~, .Jonx A.. 1notion on X Vth :mH'ndm0ut, 40.l. eral Iloar'~ ktt(•r to, on juri~diction of 1nilitary Lon;-;n.xA, rn.riliC'~ XIVth mnendm011t., 4~0; militnry comn1i:-isionR, 4i;)-4i8. rnle ccas(•s, 4~2, 4i!J; Yote on XVth amendment, RECO:SSTR[CTIOX, .TohnROil1 8 lnst. lliC'RSfl!]:C on, 3~-1-3!:>lj

4!12. additionnl kgislntion. 408-415; Urant's n1c::;sagc on1 1'IA1xr., vote on XVth amendmC'nt, 4!12. 417; military orders, 422-432. l\l.\RRI.\Gr., JxTEn-, GC'orgia, whites and blacks, 474,475. REMOVAL of Dif:n.l1i1itiC'R, vote on, 3n:J. l\L\RYI.Axn, XVth amendment, 4D2. REPRESEXTATJO~, n1inority, 3!12, 3!l3; of Georgia, 303. 1\'lAs:-:.\tffU..;t:TTS, vote on XVth arnendn1ent, 4D:?. H.EPRESENTATIVt:s, l\lC'mher~ of J]ouf:e of, 407, }lf('C.\RDLF. C.\St:, '!'HE, 451), 4,:;7. RESOLUTIONS condemning President Johnson's repndia· :r.IcCoY, Justice, decision and opinion in \Vhite vs. tion plan, anl, 3!12. Georgia. 4uu-470. REYNOLDS, General J. J., assigned to fifth distdet, 422, :Ucf'n.1.oc11, IIron, Sec>retnry of the Tr~asnry, 383. 4:24; relieved, 42-1; orders cessation military rule ].IcP1n:nsox; EDWARD, Clerk House of Representatives, in Louisinnn., convention tnx to be paid, Texas not 4-tl7. to send Pre~idential electors, is ren1oved, rein­ :r.fEAnc. General G. G., to department of South, 422; to stated, test oath, 4~9, 430. divhdon of the Atlantic, 4i4; order RH to Georgia. RHODE lsLA:., tC'st oath, ratification Georgia and RonEsoN, GEORGE M.. Secretary of the N"avy, 40G. Flllrida constitut.ions, oppointing Governors of RoussEAU, General L. H., to department of Louisiana, G('orp:ia and Aluhamn, Rtay law, rnJifkation XlVth 49·) am0ndment and withdrawal of military rule from S.n'l'Y;:;;, FREDERICK A., motion as to XYth amendment, Oeorgia, Alabruna, arnl Florida, 428. 401. ]!EMBERS of President Johnson's cabinet., 383; 40th Scm:r9. J\rIC!llGA,<, vote on XVth amendment, 4D3, 4D-1; election SHELLABARGER, SAMUEL, motions XVth amendment., 400, of 180!1, /iOG. 40G. MILITARY, aid to United States marshals and sheriffs, SRERIDAN, Genernl PHILIP H., to department of Louis­ 4~3, 4i!; rendjust.ment of dbtriPts, 422; or

TAX, can a State levy, upon thl'ough passengers, 434­ XVth amenrlment, 408; election of 18W 50G· Dan- 437. iel's di:-;{)atch to Grant, 5UG. ' ' TAXES, Stnte, are they payal,lc in t:nited States notes, VOTE, on ~nrnority rrrr.esentution, Georgi[), dect-oral, 4411-443. • (Tror~ia reprei-:C'ntanon, rC'moval of db-abilities, 3~ii, TEN:s-Essr.i,;, vote on XVth nmC'rnlmcnt. 4:18. 3!J3; po_pnlar, for President, 4rin. rfENURE-OF-0.FrICE AcT, votes on, ~!.17, a!J8; mnendmcnt, VoT.ES, pultti<~nl, 40th. CongrP~R, :Jd sc~~ion, :1fJ1-3!1S; 4I:3-4li). cont,irmnmg Prcs1.dent ~ohn~on's rrr,udintion plan, 'l'ERRY. UPnernl A. IL, to department of the f;onth, 42-l; 3!.Jl, ,{!J:!;. on e'-?nnt1_ng .IAS, GEORGE H., General, to di,ision of the Pacific, Gcoq:da, 4il-474. 425. ,VAR~F.R, \Vn.L.-\Im, 1notions, XVth amendmcnt,401, 4()3. THrn>1A", A.G., motion on public credit bill, 4n. \VAsmn;R:-i, I1£"°RY D., Lill to repeal tcnurc-of-oftice act., 'fRl"l'illlL'LL, LYM.ur, bill to rnnend tenure-of-otliPC act, 414. 3fl8. U:snEnwnoo, .Jnsticc, di~scnting opinion in tho Cmsar ,vASHnuRNE, ELinu n., Secretary of State, 4.0G; resigns, liriftin ra~e, 4li2-4GG. 40li, 408. UNITED STATES Ct:RTIFICATES OF IXDEDTED~ESS, Stnto taxa­ \VASHIXGTON TERRITORY, TiepulJlicnn anrl Democratic tion upon, 4:n; noteR, State taxation on, 43!J-4,13, platforms, 487, 4S8; C'l('('.tion of lf:GU, rioo. U:sro:'f PACIFIC RAILROAD Bo~ms, fiU~. \V"Enn, Gc1wral A. Po., to first military di~trict, reinstates VER>IOxT, Republican and Democratic platforms, 481; Governor Wells, appoints military men to ch-ii XVth amendment, 498. office\ is rclievrd, 4~5, 4:W. VICKERS, G1WRGE, 1notion on XVth amen1lm0nt, 401. ,vEtt.Es, Grnr:o~, Srcrctary of the Navy, :18~. Vmm~u (:\lis~i~~ippi and 'l'exaR) bill, 40S-410; Grant's ,vF.sT VIRGIXIA, vote o:-. XVth mncnd11lent, 40S. election proclamation, 4:W, 4:.?1; rnilitary ordC'rs as ,rmrE 1;8. GEonau, opinion of Ueor1-;i:i supreme court, to te~t oath, colore

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