« ForrigeFortsett »
se subject to like punishment, pains, and penal- | territorial courts of the United States, with pow. ies, and to none other, any law, statute ordi- ers of arresting, imprisoning, or bailing offenders lance, regulation, or custom, to the contrary against the laws of the United States, the officers notwithstanding.
and agents of the Freedmen's Bureau, and every SEC. 2. That any person who, under color of other officer who may be specially empowered any law, statute, ordinance, regulation, or by the President of the United Stătes, shall be, custom, shall subject, or cause to be subjected, and they are hereby, specially authorized and iny inhabitant of any State or Territory to the required, at the expense of the United States, to leprivation of any right secured or protected institute proceedings against all and every perpy this act, or to different punishment, pains, or son who shall violate the provisions of this act, penalties on account of such person having at and cause him or them to be arrested and im. iny time been held in a condition of slavery or prisoned, or bailed, as the case may be, for trial nvoluntary servitude, except as a punishment before such court of the United States or terrior crime whereof the party shall have been torial court as by this act has cognizance of the July convicted, or by reason of his color or offence. And with a view to affording reasonrace, than is prescribed for the punishment of able protection to all persons in their constituwhite persons, shall be deemed guilty of a mis- tional rights of equality before the law, without demeanor, and, on conviction, shall be punished distinction of race or color, or previous condiby fine not exceeding one thousand dollars, or tion of slavery or involuntary servitude, except imprisonment not exceeding one year, or both, as a punishment for crime, whereof the party in the discretion of the court.
shall have been duly convicted, and to the prompt SEC. 3. That the district courts of the United discharge of the duties of this act, it shall be the States, within their respective districts, shall duty of the circuit courts of the United States have, exclusively of the courts of the several and the superior courts of the Territories of the States, cognizance of all crimes and offences United States, from time to time, to increase the committed against the provisions of this act, number of commissioners, so as to afford a speedy and also, concurrently with the circuit courts of and convenient means for the arrest and examithe United States, of all causes, civil and crimination of persons charged with a violation of nal, affecting persons who are denied or cannot this act. And such commissioners are hereby enforce in the courts or judicial tribunals of the authorized and required to exercise and discharge State or locality where they may be any of the all the powers and duties conferred on them by rights secured to them by the first section of this this act, and the same duties with regard to ofbet; and if any suit or prosecution, civil or crim- fences created by this act, as they are authorized inal, has been or shall be commenced in any by law to exercise with regard to other offences State court against any such person, for any against the laws of the United States. cause whatsoever, or against any officer, civil or SEC. 5. That it shall be the duty of all marmilitary, or other person, for any arrest or im- shals and deputy marshals to obey and execute prisonment, trespasses, or wrongs done or com- all warrants and precepts issued under the promitted by virtue or under color of authority visions of this act, when to them directed ; and derived from this act or the act establishing a should any marshal or deputy marshal refuse to bureau for the relief of freedmen and refugees, receive such warrant or other process when tenand all acts amendatory thereof, or for refusing dered, or to use all proper means diligently to to do any act upon the ground that it would be execute the same, he shall, on conviction thereof, inconsistent with this act, such defendant shall be fined in the sum of one thousand dollars, to have the right to remove such.cause for trial to the use of the person upon whom the accused is the
proper district or circuit court in the manner alleged to have committed the offence. And the prescribed by the "Act relating to habeas corpus better to enable the said commissioners to exeaúd regulating judicial proceedings in certain cute their duties faithfully and efficiently, in cases," approved March three, eighteen hundred conformity with the Constitution of the United and sixty-three, and all acts amendatory thereof. States and the requirements of this act, they are The jurisdiction in civil and criminal matters hereby authorized and empowered, within their hereby conferred on the district and circuit courts counties respectively, to appoint, in writing, of the United States shall be exercised and en- under their hands, any one or more suitable perforced in conformity with the laws of the United sons, from time to time, to execute all such warStates, so far as such laws are suitable to carry rants and other process that may be issued by the same into effect; but in all cases where such them in the lawful performance of their respectlaws are not adapted to the object, or are defi- ive duties; and the persons so appointed to execient in the provisions necessary to furnish suit- cute any warrant or process as aforesaid shall able remedies and punish offences against law, have authority to summon and call to their aid the common law, as modified and changed by the bystanders or the posse comitatus of the the constitution and statutes of the State wherein proper county, or such portion of the land and the court having jurisdiction of the cause, civil naval forces of the United States, or of the milior criminal, is held, so far as the same is not tia, as may be necessary to the performance of inconsistent with the Constitution and laws of the duty with which they are charged, and to United States, shall be extended to and govern insure a faithful observance of the clause of the said courts in the trial and disposition of such Constitution which prohibits slavery, in concause, and, if of a criminal nature, in the inflic-formity with the provisions of this act; and said tion of punishment on the party found guilty, warrants shall run and be executed by said
SEC. 4. That the district attorneys, marshals, officers anywhere in the State or Terrritory and deputy marshals of the United States, the within which they are issued. commissioners appointed by the circuit court and Sec. 6. That any person who shall knowingly
and wilfully obstruct, hinder or prevent any | speedy arrest and trial of persons charged with officer, or other person charged with the execu a violation of this act; and it shall be the dura tion of any warrant or process issued under the of every judge or other officer, when any su.. provisions of this act, or any person or persons requisition shall be received by him, to atten. lawfully assisting him or them, from arresting at the place and for the time therein designatel any person for whose apprehension such warrant SEC. 9. That it shall be lawful for the Presi. or process may have been issued, or shall rescue dent of the United States, or such person as h? or attempt to rescue such person from the custody may empower for at purpose, to employ seci. of the officer, other person or persons, or those part of the land or naval forces of the Unit lawfully assisting as aforesaid, when so arrested States, or of the militia, as shall be necessary to pursuant to the authority herein given and de- prevent the violation and enforce the due és" clared, or shall aid, abet, or assist any person so cution of this act. arrested as aforesaid, directly or indirectly, to SEC. 10. That upon all questions of law arisia; escape from the custody of the officer or other in any cause under the provisions of this act, person legally authorized as aforesaid, or shall final appeal may be taken to the Supreme Court harbor or conceal any person for whose arrest a of the United States. warrant or process shall have been issued as The votes on this bill were: aforesaid, so as to prevent his discovery and 1866, February 2—The SENATE passed the bili arrest after notice or knowledge of the fact that -yeas 33, nays 12, as follow : a warrant has been issued for the apprehension
YEAS-Messrs. Anthony, Brown, Chandler, Clark, Conuers
, of such person, shall, for either of said offences, Cragin, Dixon, Fessenden, Foot, Foster, Harris, Henderson, be subject to a fine not exceeding one thousand Loward, Howe, Kirkwood, Lane of Indiana, Lane of Kansa dollars, and imprisonment not exceeding six Spragno, Stewart, Sumner, Trumbull, Wade, willey, 10
Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey. Sherman, months, by indictment and conviction before liams, Wilson, Yates 3. the district court of the United States for the ricks, McDougali, Nesmith, Norton, Riddle, Saulsbury, Sicka
NAYS--Messrs. Buckalew, Cowan, Davis, Guthrie, Hou. district in which said offence may have been ton, Van Wiukle-12. committed, or before the proper court of criminal jurisdiction, if committed within any one of the
March 9—The bill being before the House,
Mr. ELDRIDGE moved that it lie on the table; organized Territories of the United States. Seo. 7. That the district attorneys, the mar; follow:
which was disagreed to-yeas 32, nays 118, as shals, their deputies, and the clerks of the said district and territorial courts shall be paid for Dawson, Denison, Eldridge, Glossbrenner, Goodyear, Grab
Yras-Messrs. Ancona, Boyer, Brooks, Chanler, Coffret their services the like fees as may be allowed to Aaron Harding, Harris, 'Hogan, Edwin N. Hubbell, Xer them for similar services in other cases; and in Le Blond, Marshall, Niblack, Nicholson, Rodford, Rite, all cases where the proceedings are before a Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Taber, Tuyur,
Thornton, Trimble, Winfield.-32. commissioner, he shall be entitled to a fee of ten
NAYS–Messrs. Alley, Allison, Ames, Anderson, D. R. Ash dollars in full for his services in each case, inclu- ley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Bensive of all services incident to such arrest and man, Bidwell, Bingham, Blaine, Blow, Buut well, Bromwell
, examination. The person or persons authorized Cook, Cullom, Darling, Davis, Defrees, Delano, Deming. Dixon,
Broomall, Buckland, Bundy, Sidney Clarke, Cobb, Conklin, to execute the process to be issued by such com- Donnelly, Driggs, Dumont, Eliot, Farnsworth, Farquhar, ker missioners for the arrest of offenders against the ry: Grinnell, Abner 0. Harding, Hart, Hayes. Henderson, provisions of this act shall be entitled to a fee Hubbard, Bemas Ilubbard, jr., John 11. Hubbard, Huilurk of five dollars for each person he or they may James Ilumphrey, Ingersoll, Jenckes, Julian, Kelley, Kels arrest and take before any such commissioner as Ketcham, Kuykendall, Latham, George V. Lawrence, William aforesaid, with such other fees as may be deemed McKce, NicRuer. Mercur, Miller, Moorhead, Morrill, Morris
Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClure, reasonable by such commissioner for such other Moulton. Myers, O'Neill, Ortb, Paine, Perham, Phelps, Pike
, additional services as may be necessarily per- Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding
Plants, Price, Raymond, Alexander H. Rice, John H. Rice. formed by him or them, such as attending at the Starr, Stevens, Thayer, Francis Thomas, John L. Thomas.js examination, keeping the prisoner in custody, Trowbridge, Upson, Van Aernam. Buri Van Horn, Robert T. and providing him with food and lodging during Vrashburn, William B. Washburn, Welker, Wentworth
. his detention, and until the final determination Whaley, Williams, James F. Wilson, Stephen R. Wilson, Wiof such commissioner, and in general for per- dom, Woodbridge.--118. forming such other duties as may be required March 13—The bill passed-yeas 111, nays 38, in the premises ; such fees to be made up in con as follow: formity with the fees usually charged by the
Yeas-Messrs. Alley, Allison, Ames, Anderson, James M. oflicers of the courts of justice within the proper Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Bidwell district or county, as near as may be practicable, Blaine, Blow, Boutwell, Bromwell, Broomall, Buckland and paid out of the treasury of the United Bundy, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar States on the certificate of the judge of the dis- Dumont, Enot, Farnsworth, Farquhar, Ferry, Garfield, Grintrict within which the arrest is made, and to be nell, Abner C. Tarding, Hart, Hayes, Iligby, Hill, Holmes recoverable from the defendant as part of the Hooper, Asahel W. Ilubbard, Chester D. Hubbard, Demas judgment in case of conviction.
Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketchaw, Ruse SEC. 8. That whenever the President of the kendall, Laflin, George V. Lawrence, William Lawrence
, United States shall have reason to believe that Loan, Longyear, Lynch, Marston, Marvin, McClurg, Ne
Ruer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, offences have been, or are likely to be committed Myers, Newell, O'Neill, Orth, Paine. Perham, Pike, Plants, against the provisions of this act within any Price, Alexander H. Rice, Sawyer, Schenck, scofield, Sheila judicial district, it shall be lawful for him, in his Labarger, Sloan, Spalding, Starr, Stevens, 'Thayer, Francis discretion, to direct the judge, marshal, and dis- Burt Van Horn, Ward, Warner, Enihu B. Washburne, Wil: trict attorney of such district to attend at such liam B. Washburn, Welker, Wentworth, Whaley, Williams, place within the district, and for such time as James F; Wilson, Stephen F. Wilson, Windom, Woodhe may designate, for the purpose of the more NAYS—Messrs. Ancona, Bergen, Bingham, Boyer, Conness,
Coffroth, Dawson, Denison, Glossbrenner, Goodyear, Grider, the number at from thirty-five thousand to Aaron Harding, Harris, Hogan, Edwin N. Hubbell, Jones, forty thousand souls. The people are princiPhelps, Radford, Samuel I. Randall, William H. Randali, pally recent settlers, many of whom are underRitter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Smith, stood to be ready for removal to other mining Taber, Taylor, Thornton, Trimble, Winfield-38.
districts beyond the limits of the Territory, if March 15—The Senate concurred in the House circumstances shall render them more inviting. amendments.
Such a population cannot but find relief from March 27—The bill was vetoed,
excessive taxation if the territorial system, April 6–The SENATE passed the bill, notwith which devolves the expenses of the executive, standing the objections of the Fresident, by a legislative, and judicial departments upon the vote of 33 yeas to 15 nays, as follow:
United States, is for the present continued. YEAS—Messrs. Anthony, Brown, Chandler, Clark, Con. They cannot but find the security of person and Harris, Henderson, Howard, Howe, Kirkwood, Lane of In: property increased by their reliance upon the diana, Morgan, Morrill, Nye, Poland, Pomeroy, Ramsey, national executive power for the maintenance Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, of law and order against the disturbances neces
NAYS_Messrs. Buclalew, Cowan, Davis, Doolittle, Guth- sarily incident to all newly organized commurie, Hendricks, Johnson, Lane of Kansas, McDougail, Nes nities. mith, Norton, Riddle, Saulsbury, Van Winkle, Wright-15. Second. It is not satisfactorily established
April 9—The HOUSE OF REPRESENTATIVES that a majority of the citizens of Colorado deagain passed it-yeas 122, nays 41, as follow: sire, or are prepared for an exchange of a terri
YEAs--Messrs. Alley, Allison, Delos R. Ashley, James M. torial for a State government. In September, Ashley, Baker, Baldwin, Banks, Barker, Baxter, Leaman, 1864, under the authority of Congress, an election all, Buckland, Bundy, Reader W. Clarke, Sidney Clarke, was lawfully appointed and held, for the purpose Cobb, Colfax, Conkling, Cook, Cullom, Darling, Davis, Dawes, of ascertaining the views of the people upon Defrees, Delano, Deming, Dixon, Dodge, Donnelly, Eckley, this particular question. 6,192 votos were cast, Eggleston, Eliot, Farnsworth, Farquhar; Ferry, Garfield, and of this number a majority of 3,152 was Henderson, Higby, Ilill, Ilolmes, Hooper, Hotchkiss, Asahe given against the proposed change. In SepW. Hubbard, Chester D. Hubbard, John H. Hubbard, James tember, 1865, without any legal authority, the Kasson, Kelley, Kelso, Ketcham, Laflin, George V. Law question was again presented to the people of rence, William Lawrence, Loan, Longyear, Lynch, Marston, the Territory, with a view of obtaining a reconMarvin, McClurg, McIndoe, McKee, McRuer, Mercur, Mil- sideration of the result of the election held in O'Neill, Orth, Paine, Patterson, Perham, bike, Plants, Pom-compliance with the act of Congress approved eroy, Price, Alexander H. Rice, John H. Rice, Rollins, March 21, 1864. At this second election 5,905 Sawyer, Schenck, Scofield, Shellabarger, Spalding, Starr, votes were polled, and a majority of 155 was bridge, Upson, Van Aernam, Burt Van Horn, Robert T. given in favor of a State organization. It does Van Horn, Ward, Ellihu B. Washburne, Henry D. Wash not seem to me entirely safe to receive this, the burn, William B. Washburn, Welker, Wentworth, James last mentioned result, so irregularly obtained, F. Wilson, Stephen F. Wilson, Windom, Woodbridge.-122. NAYS-Messrs. Ancona, Bergen, Boyer, Coffroth, Dawson,
as sufficient to outweigh the one which had been Denison, Eldridge, Finck, Glossbrenner, Aaron Iarding, legally obtained in the first election. RegularHarris
, Hogan, Edwin Hubbell; James 1. Humphrey, ity and conformity to law are essential to the son, Noell, Phelps, Radford. Samuel J. Randall, William preservation of order and stable government, H..' Randall, Raymond, Ritter, Rogers, Ross, Rousseau, and should, as far as practicable, always be Shanklin, Sitgreaves, Smith, Strouse, Taber, Tuýlor, Thorn- observed in the formation of new States. ton, Trimble, Whaley, Winfield, Wright.-41.
Third. The admission of Colorado, at this Whereupon the Speaker of the House declared time, as a State into the federal Union, appears the bill a law.
to me to be incompatible with the public inter
ests of the country. While it is desirable that Veto of the Colorado Bill, May 15, 1866.
territories, when sufficiently matured, should be To the Senate of the United States :
organized as States, yet the spirit of the ConstiI return to the Senate, in which house it tution seems to require that there should be an originated, the bill which has passed both Houses approximation towards equality among the sevof Congress, entitled "An act for the admission eral States comprising the Union. No State can of the State of Colorado into the Union,” with have less or more than two Senators in Congress. my objections to its becoming a law at this time. The largest State has a population of four mil
First. From the best information which I lions; several of the States have a population have been able to obtain, I do not consider the exceeding two millions; and many others have establishment of a State government at present a population exceeding one million. A populanecessary for the welfare of the people of Colo- tion of 127,000 is the ratio of apportionment rado. Under the existing Territorial govern. of representatives among the several States. ment all the rights, privileges, and interests of If this bill should become a law, the people the citizens are protected and secured. The of Colorado, thirty thousand in number, would qualified voters choose their own legislators and have in the House of Representatives one memtheir own local officers, and are represented in ber, while New York, with a population of four Congress by a delegate of their own selection millions, has but thirty-one; Colorado would They make and execute their own municipal have in the electoral college three votes, while laws, subject only to revision by Congress—an New York has only thirty-three; Colorado would authority not likely to be exercised, unless in have in the Senate two votes, while New York extreme or extraordinary cases. The population has no more. is small, some estimating it so low as twenty Inequalities of this character have already five thousand, while advocates of the bill reckon occurred, but it is believed that none have hap
pened where the inequality was so great. When as completely as possible, so that all those who such inequality has been allowed, Congress is are expected to bear the burdens of the Fedem supposed to have permitted it on the ground of Government shall be consulted concerning the some high public necessity, and under circum- admission of new States; and that in the ideal stances which promised that it would rapidly time no new State shall be prematurely and iz disappear through the growth and development necessarily admitted to a participation in the of the newly admitted State. Thus, in regard political power which the Federal Government to the several States in what was formerly called wields, not for the benefit of any individual the “northwest territory,"lying east of the Mis- State or section, but for the common safety, sissippi, their rapid advancement in popula- welfare, and happiness of the whole country. tion rendered it certain that States admitted with
ANDREW Johnson, only one or two representatives in Congress, WASHINGTON, D. C., May 15, 1866. would, in a very short period, be entitled to a great increase of representation. So, when Cali
Copy of the Bill. fornia was admitted on the ground of commer- An Act for the admission of the State of Cola cial and political exigencies, it was well foreseen
rado into the Union. that that State was destined rapidly to become Whereas, on the twenty-first day of Mamb a great, prosperous, and important mining and anno Domini eighteen hundred and sixty-four commercial community. In the case of Colo-Congress passed an act to enable the people of rado, I am not aware that any national exigency, Colorado to form a constitution and State gov. either of a political or commercial nature, re- ernment, and offered to admit said State, whes quires a departure from the law of equality, so formed, into the Union upon compliance with which has been so generally adhered to in our certain conditions therein specified; and whereas history.
it appears by a message of the President of th: If information submitted in connection with United States, dated January twelve, eightesa this bill is reliable, Colorado, instead of increas- hundred and sixty-six, that the said people har ing, has declined in population. At an election adopted a constitution, which upon due exari for members of a territorial legislature held in nation is found to conform to the provisions and 1861, 10,580 votes were cast. At the election comply with the conditions of said act, and to before mentioned, in 1864, the number of votes be republican in its form of government
, ani cast was 6,192; while at the irregular election that they now ask for admission into the Union held in 1865, which is assumed as a basis for Be it enacted, &c., That the constitution and legislative action at this time, the aggregate State government which the people of Colorada of votes was 5,905. Sincerely anxious for the have formed for themselves bē, and the same * welfare and prosperity of every Territory and hereby, ratified, accepted, and confirmed, and that State, as well as for the prosperity and welfare the said State of Colorado shall be, and is hereby, of the whole Union, I regret this apparent de declared to be one of the United States of Amer cline of population in Colorado; but it is mani-ica, and is hereby admitted into the Union apor fest that it is due to emigration which is going an equal footing with the original States, in al on from that Territory into other regions within respects whatsoever. the United States, which either are in fact, or SEC. 2. And be it further enacted, That the are believed by the inhabitants of Colorado to said State of Colorado shall be, and is hereby be, richer in mineral wealth and agricultural re- declared to be entitled to all the rights, privi
If, however, Colorado has not really leges, grants, and immunities, and to be subject declined in population, another census, or to all the conditions and restrictions, of an aci another election under the authority of Con- entitled "An act to enable the people of Cologress, would place the question beyond doubt, rado to form a constitution and a State govern and cause but little delay in the ultimate ad- ment, and for the admission of such State in mission of the Territory as a State, if desired by the Union on an equal footing with the original the people.
States," approved March twenty-first, eighteen The tenor of these objections furnishes the hundred and sixty-four. reply which may be expected to an argument
The votes on this bill were: in favor of the measure derived from the ena
IN SENATE. bling act which was passed by Congress on the March 13—The bill was rejected—yeas 14 21st day of March, 1864. Although Congress nays 21, as follow: then supposed that the condition of the Terri YEAS—Messrs. Chandler, Cragin, Kirkwood, Lane of In tory was such as to warrant its admission as a diana, Lane of Kansas, McDougall, Nesmith, Norton, Pam State, the result of two years' experience shows eroy, Ramsey, Sherman, Stewart, Trumbull, Williams-14 that every reason which existed for the institu- little,
Fessenden, Foster, Grimes, Guthrie, Ilarris, Elendrick tion of a territorial instead of a State gov- Morgan, Morrili, Poland, Riddle, Sprague, Stockton, Samu ernment in Colorado, at its first organization;
Van Winkle, Wade, Wilson-21. still continues in force.
Mr. Wilson entered a motion to reconsider the The condition of the Union at the present mo- vote. ment is calculated to inspire caution in regard to
April 25—The Senate voted to reconsider ; the admission of new States. Eleven of the old yeas 19, nays 13. (Same as below.) States have been for some time, and still remain,
The bill was then passed-yeas 19, najs unrepresented in Congress. It is a common in- as follow: terest of all the Siates, as well those repre
YEAS—Messrs. Chandler, Clark, Conness, Cragin, Cres sented as those unrepresented, that the integrity well, Howard, Howe, Kirkwood, 'Lane of Indiana, San
, and harmony of the Union should be restored Van Winkle, Willey, Wilson-19.
NAYS—Messrs. Buckaler, Davis, Doolittle, Edmonds, Nor have the sovereign people of the nation Foster, Grimes, Guthrie, Hendricks, McDougall, Morgan, been afforded an opportunity of expressing their Poland, Riddle, Sumner-13.
views upon the important questions which the IN HOUSE.
| amendment involves. Grave doubts therefore May 3—The bill was passed-yeas 81, nays may naturally and justly, arise as to whether 57, as follow :
the action of Congress is in harmony with the YEAS—Messrs. Ames, Anderson, Delos R. Ashley, James sentiments of the people, and whether State M. Ashley, Baker, Banks, Barker, Beaman, Benjanin: Bid legislatures, elected without reference to such Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling an issue, should be called upon by Congress to Callom, Detrees, Deming, Dixon, Dodge, Donnelly, Driggs, decide respecting the ratification of the proposed Dumont, Eckley, Farquhar, Ferry, Garfield, Grinnell, Abner amendment. C. Harding, Hart, Henderson, Holmes, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, James R. Hubbell, In
Waiving the question as to the constitutional gersoll, Jenckes, Kasson, Kelso, Ketcham, Laflin, Latham, Goorgo v. Lawrence, William Lawrence, Loan, Longyear, validity of the proceedings of Congress upon Marston, McClurg, McKeo, Mercur, Miller, Moorhead, the joint resolution proposing the amendment, Moulton, Myers, O'Neill, Orth, Patterson, Plants, Alexander
or as to the merits of the article which it subI Rice, Rollins, Sawyer, Schenck, Shellabarger, Smith, Spalding, Francis Thomas, Trowbridge, Upson, Van Aernam, mits through the crecutive department to the Burt Van Iorn, Robert T. Van Horn, Warner, Welker, legislatures of the States, I deem
proper to Whaley, Williams-81.
observe that the steps taken by the Secretary of NAYS—Messrs. Allison, Alley, Ancona, Baxter, Bergen, Blaine, Boutwell, Boyer, Broomall, Chanler, Coffroth, Dar- State, as detailed in the accompanying report, ling, Dawson, Denison, Eldridge, Eliot, Finck, Glossbrenner, are to be considered as purely ministerial, and Grider, Griswold, Aaron Harding, Harris, Higby: James in no sense whatever committing the Executive Marshall, McCullough, McRuer, Morrill, Morris, Newell, to an approval or a recommendation of the Niblack, Paine, Perham, Pike, Raymond, John H. Rice, amendment to the State legislatures or to the Taylor, Thornton, Ellihu B. Washburne, Henry D. Wash people... On the contrary, a proper appreciation burn, James 1. Wilson, Windom, Winfield, Woodbridge, of the letter and spirit of the Constitution, as well Wright-57.
as of the interests of national order, harmony, Up to the time this page is put to press, no and union, and a due deference for an enlightvote has been taken on the re-passage of the ened public judgment, may at this time well sugvetoed bill. When taken, it will be inserted in gest a doubt whether any amendment to the a subsequent page.
Constitution ought to be proposed by Congress
and pressed upon the legislatures of the several Message Respecting the Proposed Constitutional States for final decision until after the admis
Amendment on Representation, &c., June 22, sion of such loyal Senators and Representatives 1866.
of the now unrepresented States as have been, To the Senate and House of Representatives : or may hereafter be, chosen in conformity
I submit to Congress a report of the Secretary with the Constitution and laws of the United of State, to whom was referred the concurrent States. resolution of the 18th instant,* respecting a
ANDREW JOHNSON. submission to the legislatures of the States of an additional article to the Constitution of the WASHINGTON, D. C., June 22, 1866. United States.
It will be seen from this report that the Secretary of State had, on the 16th instant, trans. To the President: mitted to the Governors of the several States certified copies of the joint resolution passed on The Secretary of State, to whom was referred the 13th instant, proposing an amendment to the concurrent resolution of the two Houses of the Constitution.
Congress of the 18th instant, in the following Even in ordinary times any question of words: "That the President of the United States amending the Constitution must be justly re- be requested to transmit forthwith to the execugarded as of paramount importance. This im- tives of the several States of the United States portance is at the present time enhanced by the copies of the article of amendment proposed by fact that the joint resolution was not submitted Congress to the State legislatures to amend the by the two Houses for the approval of the Presi-Constitution of the United States, passed June dent, and that of the thirty-six States which 13, 1866, respecting citizenship, the basis of repconstitute the Union eleven' are excluded from resentation, disqualification for office, and validrepresentation in either House of Congress, ity of the public debt of the United States, &c., although, with the single exception of Texas, to the end that the said States may proceed to they have been entirely restored to all their act upon the said article of amendment, and that functions as States, in conformity with the or- he request the executive of each State that may ganic law of the land, and have appeared at the ratify said amendment to transmit to the Secrenational capital by Senators and Representa- tary of State a certified copy of such ratification," tives, who have applied for and have been re- has the honor to submit the following report, fused admission to the vacant seats.
namely: That on the 16th instant the Hon.
Amasa Cobb, of the Committee of the House of * This resolution passed the House under a suspension of Representatives on Enrolled Bills, brought to the rules, which was agreed to, yeas 92, nays 25, (the latter this Department and deposited therein an entellers. It passed the Senate same day without a division rolled resolution of the two Houses of Congress, and is a copy of a concurrent resolution passed in 1864, which was thereupon received by the Secretary requesting President Lincoln to submit the anti-slavery of State and deposited among the rolls of the amendment, changed only as to the phraseology descriptivo of the amendment.
Department, a copy of which is bereunto 20