"three" from the amendment and insert Flanagan, Frelinghuysen, Hitchcock, Howe, Lewis, "five," so as to make the commission consist of five persons; which was disagreed to. Mr. WILSON moved to strike out year' and insert "two years" as the term of office of the commissioners; which,

XIV.

THE AMNESTY ACT AND THE SUPPLEMENTAL CIVIL RIGHTS BILLS.

the Congress of the United States, withdrew from their seats and aided the rebellion; second, all persons who, being officers of the Army or Navy of the United States, and being above the age of twenty-one years, left said Army or Navy, and aided the rebellion; third, all persons who, being members of State conventions which adopted pretended ordinances of secession, voted in favor of the adoption of

such ordinances.

NAYS

ter. Casserly, Cole, Cooper, Davis of West Virginia, ton, Kelly, Logan, Morrill of Maine, Norwood, Pool, Goldthwaite, Hamilton of Maryland, Hamlin, JohnRansom, Robertson, Saulsbury Sawyer, Scott, Sprague, Stevenson, Thurman, Tipton, Vickers-27. The bill was reported to the Senate without amendment.

Mr. SUMNER moved to amend by adding the supplementary civil rights bill (S. No. 1102;) which was disagreed to-yeas 13, nays 27:

YEAS-Messrs. Ames, Anthony, Clayton, FlanWhich was disagreed to—yeas 14, nays 32 : agan, Frelinghuysen, Morrill, of Vermont, Nye, YEAS-Messrs. Ames, Anthony, Caldwell, Chan- Patterson, Pomeroy, Spencer, Sprague, Sumner, Wilson-13. dler, Clayton, Frelinghuysen, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Spencer, Wilson, Carpenter, Casserly, Cole, Cooper, Corbett, Davis of NAYS-Messrs. Bayard, Blair, Caldwell, Cameron, Wright-14. Messrs. Bayard, Blair, Cameron, Car West Virginia, Ferry of Michigan, Goldthwaite, penter, Casserly, Cole, Conkling, Cooper, Corbett, Hamilton of Maryland, Hamlin, Johnston, Kelly, Cragin, Davis of West Virginia, Ferry of Michigan, Logan, Morrill of Maine, Norwood, Pool, Ransom, Flanagan, Goldthwaite, Hamilton of Maryland, Ham- Robertson, Saulsbury, Sawyer, Scott, Stevenson, lin, Johnston, Kelly, Logan, Morrill of Maine, Nor-Thurman, Tipton, Vickers-27. wood, Pool, Ransom, Robertson, Saulsbury, Sawyer, The bill was then passed as above-the Scott, Sprague, Stevenson, Thurman, Tipton, Vickers-32. Ku Klux bill, civil rights bill, and this amMr. AMES moved to amend the bill by add-nesty having been passed at one sitting of the ing the two sections of the civil rights bill passed as a separate measure a few minutes before, (for text of which see page 74;) which President Grant's Proclamation Enforcing was disagreed to-yeas 11, nays 31:

NAYS-Messrs. Bayard, Blair, Caldwell, Cameron, Carpenter, Casserly, Cole. Cooper, Corbett, Cragin, Davis of West Virginia, Ferry of Michigan, Goldthwaite, Hamilton of Maryland, Hamlin, Johnston, Kelly, Logan, Morrill of Maine, Norwood, Pool, Ransom, Robertson. Saulsbury, Sawyer, Scott, Sprague, Stevenson, Thurman, Tipton, Vickers-31.

Mr. FRELINGHUYSEN moved to amend by adding the following section:

Senate.

the Amnesty Act, June 1, 1872. Whereas the act of Congress, approved May 22, 1872, removes all political disabilities imposed by the third section of the fourteenth article of amendments to the Constitution of the United States from all persons whomsoever, except Senators and Representatives of the Thirty-Sixth and Thirty-Seventh Congresses and officers in the judicial, military, and naval service of the United States, heads of Departments, and foreign ministers of the United States;

SEC. That before any person shall be entitled to the benefit of the preceding section And whereas it is represented to me that of this act he shall, within the district where there are now pending in the several circuit he resides, before a clerk of some court of the and district courts of the United States proUnited States, or a United States commis-ceedings by quo warranto, under the fourteenth sioner, take and subscribe an oath or affirma- section of the act of Congress approved May tion to support the Constitution of the United 31, 1870, to remove from office certain perStates, and to bear true faith and allegiance to the same; which oath or affirmation shall be forwarded by said officer to the Secretary of State of the United States, who shall cause a list of all persons complying with the provisions of this act to be laid before Congress at the opening of each session thereof; and the officer before whom such oath or affirmation is made shall give to the person taking it a certificate of the fact, under such forms and regulations as the Secretary of State shall prescribe.

Which was disagreed to.

sons who are alleged to hold said offices in violation of the provisions of said article of amendment to the Constitution of the United States, and also penal prosecutions against such persons under the fifteenth section of the act of Congress aforesaid:

Now, therefore, I, Ulysses S. Grant, President of the United States, do hereby direct all district attorneys having charge of such proceedings and prosecutions to dismiss and discontinue the same, except as to persons who may be embraced in the exceptions named in the act of Congress first above cited.

In testimony whereof I have hereunto set my hand and caused the seal of the United to be affixed.

Mr. FRELINGHUYSEN moved to amend so as to make the bill read: "Officers who were at the commencement of the rebellion in the judicial, military, or naval service of the Uni-States ted States, or the heads of Departments, or foreign ministers of the United States;" which was disagreed to-yeas 18, nays 27:

YEAS-Messrs. Ames, Anthony, Caldwell, Chandler, Clayton, Conkling, Corbett, Ferry of Michigan, Flanagan, Frelinghuysen, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Spencer, Sumner, Wright-18.

NAYS-Messrs. Bayard, Blair, Cameron, Carpen-l

Done at the city of Washington, this 1st day of June, in the year of our Lord [SEAL.] 1872, and of the Independence of the United States of America the ninetysixth. U. S. GRANT.

By the President:

HAMILTON FISH, Secretary of State.

Supplementary Civil Rights Bill as Passed | Mr. CASSERLY moved to amend by adding

by the Senate.

IN SENATE.

1872, May 21-Mr. CARPENTER moved to proceed to the consideration of Senate bill 99, being the supplementary civil rights bill proposed by Mr. SUMNER, March 9, 1871; which was agreed to, and the Senate, as in Committee of the Whole, resumed consideration thereof.

Mr. CARPENTER moved to amend the bill by striking out all after the enacting clause and inserting the following:

Whoever, being a corporation or natural person, and owner, or in charge of any public inn, or of any place of public amusement or entertainment for which a license from any legal authority is required; or of any line of stage-coaches, railroad, or other means of public carriage of passengers or freight, shall make any distinction as to admission or accommodation therein, of any citizen of the United States, because of race, color, or previous condition of servitude, shall, on conviction thereof, be fined not less than five huudred nor more than five thousand dollars for each offense; and the person or corporation so offending shall be liable to the citizens thereby injured in damages to be recovered in an action of debt.

SEC. -.

That the offense under this act, and actions to recover damages, may be prosecuted before any territorial, district, or circuit court of the United States having jurisdiction of crimes at the place where the offense was charged to have been committed.

Mr. THURMAN moved to amend the amendment by striking out the words "or of any place of public amusement or entertainment;' which was disagreed to-yeas 14, nays 29:

YEAS-Messrs. Bayard, Blair, Casserly. Cooper, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Norwood, Ransom, Saulsbury, Stevenson, Thurman, Vickers-14.

NAYS-Messrs. Ames, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Ferry of Michigan, Flanagan, Frelinghuysen, Hamilton of Texas, Hamlin, Logan, Morrill of Vermont, Nye, Osborn, Patterson, Pomeroy, Pool, Robertson, Sawyer, Scott, Spencer, Sprague. Wilson, Wright-29.

Mr. THURMAN moved to amend the amend ment by striking out the word "hundred," so as to make the minimum fine five instead of five hundred dollars; which was disagreed

to.

The amendment was then agreed to-yeas 22, nays 20:

YEAS-Messrs. Bayard, Blair, Caldwell, Carpenter, Casserly. Cole, Corbett, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Logan, Morrill of Maine, Norwood, Pool,, Ransom Saulsbury. Scott, Stevenson, Thurman, Vickers, Wright-22. NAYS-Messrs. Ames, Anthony, Cameron, Chandler, Clayton, Conkling, Cragin, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin, Morrill of Vermont, Nye, Osborn. Pomeroy, Robertson, Sawyer, Spencer, Sprague, Wilson-20.

Mr. THURMAN moved to lay the bill on the table; which was disagreed to.

In the Senate the amendment made as in Committee of the Whole was concurred in.

to the bill the words "with the right of appeal, or to have a writ of error in any case to the Supreme Court of the United States;' which was agreed to.

The bill was then passed-yeas 28, nays 14: YEAS-Messrs. Ames, Anthony, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin,, Logan, Morrill of Vermont, Nye, Osborn, Patterson, Pool, Robertson, Sawyer, Scott, Sprague, Wilson, Wright-28.

Davis of West Virginia, Hamilton of Maryland,
NAYS-Messrs. Bayard, Blair, Casserly, Cooper,
Johnston, Kelly, Norwood, Ransom, Saulsbury, Ste-
venson, Thurman, Vickers-14.

Mr. CARPENTER moved to amend the title so as to read: "A bill to declare and enforce the civil rights of citizens of the United States;" which was agreed to.

Votes in House.

May 28 Mr. MAYNARD moved to suspend the rules to take from the Speaker's table the above bill; which was disagreed to, two thirds not having voted in favor thereof-yeas 114, nays 83:

YEAS-Messrs. Ambler, Ames, Barber, Beatty, Burchard, Burdett, B. F. Butler, R. R. Butler, Beveridge, Bigby, Bingham, Buckley, Buffinton, Clarke, Cobb, Coburn, Coghlan, Conger, Cotton, Darrall, Dawes, Donnan, Duell, Dunnell, Eames, Elliott, Farnsworth, Finkelnburg, C. Foster, W. D. Foster, Frye. Garfield, Hale, Halsey, Harmer, Havens, Hawley, Hay, Hays, G. W. Hazelton, J. W. Killinger, Lamport, Lansing, Lowe, Lynch, MayHazelton, Hill, Hoar, Hooper, Houghton, Ketcham, nard, McCrary, McGrew, McJunkin, McKee, Mercur, Merriam, Monroe, Morey, Morphis, L. Myers, Negley, Orr, Packard, Packer, Palmer, I. C. Parker, Pendleton, Perce. A. F. Perry, Peters, Poland, Rainey, E. H. Roberts, Rusk, Sargent, Sawyer, Scofield, Sessions, Shanks, Sheldon, Shellabarger, Shoemaker, H. B. Smith, J. A. Smith, W. C. Smith, Snyder, T. J. Speer, Sprague, Starkweather, Stevenson, Stoughton, Stowell, Strong, St. John, Sypher, Taffe, Thomas, W. Townsned, Turner, Twichell, Whiteley. Willard, Williams of Indiana, J. M. Tyner, Upson, Wakeman, Waldron, Wallace, Walls, Wilson, J. T. Wilson-114,

NAYS-Messrs. Acker, Adams, Archer, Arthur, Brooks, Caldwell, Campbell, Carroll, Comingo, ConBeck, Biggs, Bird, J. G. Blair, Braxton, Bright, ner, Crebs, Critcher, Crossland, Dox, Du Bose, Duke, Eldredge, Forker, H. D. Foster, Garrett, Getz, Guldings, Golladay, Griffith, Haldeman, Hancock, Handley, Hanks, Harper, J. T. Harris, Hereford, Herndon, Hibbard, Holman, Kendall, Kerr, King, Lewis, Manson, Marshall McClelland, McCormick, McHenry, McIntyre, McNeely, Merrick, Mitchell, Morgan, Niblack, II. W. Parker, Price, Randall, Read, E. Y. Rice, J. M. Rice, Ritchie, W. R. Roberts, Robinson, S. H. Rogers, Roosevelt, Slater, Slocum, Sloss, R. M. Speer, Stevens, Swann, Terry, Tuthill, Van Trump Waddell, Warren, Wells, Whitthorne, Williams of New York, Winchester, Wood, Young-83.

June 7-Mr. POLAND moved to suspend the rules and pass the bill with an amendment changing the penalty so that it shall not ex ceed $1,000, and leaving the minimum amount to the discretion of the court. The motion was lost-yeas 86, nays 73, (two thirds being required:)

eridge, A. Blair, Buckley, Buffinton, Burchard, B. F. Butler, R. R. Butler, Coburn, Conger,_Cotton, Crocker, Darrall, Dawes, Donnan, Duell, Dunnell, Eames. Farnsworth, Finkelnburg. C. Foster, Garfield, Harmer, G. E. Harris, Havens, Hawley, J. W. Hazelton, Hill, Hoar, Hooper, Houghton, Kellogg, Ketcham, Lamport, Lowe, McCrary, McGrew, Mc

YEAS-Messrs. Ames, Banks, Barber, Beatty, Bev

Junkin, Mercur, Merriam, Monroe, Morphis, L. | wards, Eldredge, Ely. Farwell, Finkelnburg, Myers, Orr, Packard, Packer, Palmer, Pendleton, Forker, C. Foster, W. D. Foster. Frye, Garfield, GarPerce, A. F. Perry, Peters, Poland, Prindle, Rainey, rett, Getz, Golladay, Griffith, Haldeman, Hale. HalE.H. Roberts, Rusk Sawyer, Sessions, Shanks, Shel- sey, Hambleton, Hancock, Handley, Hanks, Harper, don, Shellabarger, H. B. Smith, J. A. Smith, T. J. G. E. Harris, J. T. Harris, Hawley, Hay, G. W. Speer, Sprague, Starkweather, Stevenson, Strong, Hazelton, J. W. Hazelton, Hereford, Herndon, HibSypher, Thomas, W. Townsend, Turner, Twichell, bard, Hill, Holman, Hooper, Houghton, Kelley, Tyner, Wakeman, Walden, Waldron, Walls, White- Kellogg, Kerr, Ketcham, King, Kinsella, Lomison, ley, Willard, Williams of Indiana, J. M. Wilson, J. Lamport, Leach, Lewis, Lynch, Manson, Marshall, T. Wilson-86. McClelland, McCormick, McGrew, McHenry, MeNAYS-Messrs. Acker, Adams, Archer, Arthur, Intyre, McKee, McNeely, Merriam, Merrick, B. Beck, Biggs, Bird, J. G. Blair, Braxton, Brooks, F. Meyers, Mitchell, Monroe, Morey, Morgan, L. Caldwell, Campbell, Carroll, Comingo, Conner, Critcher, Meyers, Niblack, H. W. Parker, I. C. Parker, Peck, Crossland, Dox, Du Bose, Duke, Eldredge, Forker. H. Pendleton, A. F. Perry, Poland, Potter, Price, PrinD. Foster, Garrett, Getz, Giddings, Golladay, Hal- dle, Randall, Read, E. Y. Rice, J. M. Rice, Ritchie, deman, Hambleton, Hancock, Handley, Hanks, Har- E. H. Roberts, W. R. Roberts, Roosevelt, Sawyer, per, J. T. Harris, Hereford, Hibbard, Holman, Ken- Scofield, Sessions, Sheldon, Shellabarger, Sherwood, dall, Kerr, King, Lamison, Manson, Marshall, Me- Shoemaker, Slater, Slocum, Sloss, H. B. Smith, J. A. Clelland, McCormick, McHenry, McIntyre, Merrick, Smith, W. C. Smith, Snapp, Snyder, R. M. Speer, Morgan, Niblack, Price, Randall, Read, E. Y. Rice, T. J. Speer, Starkweather, Stevens, Stevenson, Storm, Ritchie, W. R. Roberts, S. H. Rogers, Sherwood, Sho- Strong, Sutherland, Swann, Sypher, Terry, Thomas, ber, Slater, Slocum, Stevens, Storm, Swann, Terry, Tut- Turner, Tuthill, Twichell, Upson, Van Trump, hill, Van Trump, Vaughan, Waddell, Warren, Wells, Vaughan, Voorhees, Waddell, Wakeman, Wallace, Williams of New York, Winchester-73. Warren, Wells, Wheeler, Whiteley, Whitthorne, Willard, Williams of New York, J. T. Wilson, Winchester, Wood-171.

Mr. POLAND then modified his amendment so that the penalty shall not exceed $100, with no minimum; which was disagreed to-yeas 83, nays 73, (two thirds being required:)

NAYS-Messrs. Ambler, Beatty, Buffinton, Coburn, Conger, Dunnell, Goodrica, Hoar, Killinger, Lansing, Lowe, Maynard, McCrary, McJunkin, Mercur, Orr, Packard, Packer, Palmer, Porter, Rainey, Rusk, Seeley, Shanks, Sprague, Taffe, W. Townsend, Tyner, Waldron, Walls, J. M. Wilson-31.

IN SENATE.

1872, May 9-In Committee of the Whole Mr. SUMNER moved to strike out all after the enacting clause, and insert the following civil rights bill:

YEAS-Messrs. Ames, Banks, Barber, Beatty, Beveridge, A. Blair, Buckley, Buffinton, Burchard, R. R. Butler, Coburn, Conger, Cotton, Crocker, Darrall, Dawes, Donnan, Duell, Dunnell, Eames, Farnsworth, Finkelnburg, C. Foster, Garfield, Harmer, G. E. Harris, Havens, Hawley, Hay. J. W. Hazelton, Hill, Hoar, Hooper, Houghton, Kellogg, Ketcham, Lamport, Lowe, McCrary, McGrew, McJunkin, Mercur, Merriam. Monroe, L. Myers, Packard, Packer, Palmer, Pendleton,' Perce, A. F. Perry, Peters, Poland, Potter, Prindle, Rainey, E. H. Roberts, Sawyer, Sessions, Shanks, Sheldon, SEC. 1. That no citizen of the United States Shellabarger, H. B. Smith, T. J. Speer, Sprague. shall, by reason of race, color, or previous Starkweather, Stevenson, Strong, Sypher, Taffe, Thomas, W. Townsend, Turner, Twichell, Tyner, condition of servitude, be excepted or exWalden, Waldron, Walls, Whiteley, Willard, Wil- cluded from the full and equal enjoyment of liams of Indiana, J. M. Wilson, J. T. Wilson-83. NAYS-Messrs. Acker. Adams, Archer, Arthur, any accommodation, advantage, facility, or Beck, Biggs, Bird, J. G. Blair, Braxton, Brooks, privilege furnished by innkeepers; by comCaldwell, Campbell, Carroll, Comingo, Conner, Critcher, mon carriers, whether on land or water; by Crossland, Dox, Du Bose, Duke. Eldredge, Forker, H.D. Foster, Garrett, Getz, Giddings, Golladay, Hal- licensed owners, managers, or lessees of the deman, Hambleton, Hancock, Handley, Hanks, Haraters or other places of public amusement; per, J. T. Harris, Hereford, Hibbard, Holman, Ken- by trustees, commissioners, superintendents, dall, Kerr, King, Lamison, Manson, Marshall, McClelland, McCormick, McHenry, Mcintyre, Merrick, Morgan, Niblack, Price, Randall, Read, E. Y. Rice, Ritchie, W. R. Roberts, S. Rogers, Sherwood, Shober, Slater, Slocum, Stevens, Storm, Swann, Terry, Tuthill, Van Trump, Vaughan. Waddell, Warren, Wells, Williams of New York, Winchester-73.

teachers, and other officers of common schools and other public institutions of learning, the same being supported by moneys derived from general taxation, or authorized by law; by trustees and officers of cemetery associations and benevolent institutions incorporated by na

Amnesty and Civil Rights Jointly Con- tional or State authority. But private schools,

sidered.

IN HOUSE.

1872, January 15—Mr. HALE moved to sus pend the rules and pass a bill removing all political disabilities imposed by third article of fourteenth amendment, except from the following classes:

First. Members of the Congress of the Union who withdrew therefrom to aid the rebellion.

Second. Officers of the Army or the Navy of the United States who, being above the age of twenty-one years, left said Army or Navy and aided the rebellion.

cemeteries, and institutions of learning established exclusively for white or colored persons, and maintained respectively by voluntary contributions, shall remain according to the terms of the original establishment.

SEC. 2. That any person violating any of the provisions of the foregoing section, or aiding in their violation, or inciting thereto, shall, for every such offense, forfeit and pay the sum of $500 to the person aggrieved thereby, to be recovered in an action on the case with full costs, and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $500 nor more than Which was agreed to-yeas 171, nays 31: $1,000, or shall be imprisoned not less than YEAS Messrs. Acker, Ames, Archer, Arthur, thirty days nor more than one year: ProBanks, Barber. Barnum, Barry, Beck, Bell, Beveridge, Biggs, Bingham, Bird, A. Blair, J. G. Blair, vided, That the party aggrieved shall not Braxton, Bright, G. M. Brooks. J. Brooks, Buck- recover more than one penalty; and when ley, Burchard, Burdett, Caldwell, Carroll, W. T. the offense is a refusal of burial, the penalty Clark, Coghlan, Comingo, Conner, Cotton, Crebs, Critcher, Crossland, Darrall, Davis, Dawes, Dickey, may be recovered by the heirs-at-law of the Donnan, Dox, Du Bose, Duell, Duke, Eames, Ed- person whose body has been refused burial.