February 20, 1869

The rules being suspended, the joint resolu tion (S. R. No. 8) proposing an amendment to the Constitution of the United States was taken from the Speaker s table, and read a first and second time.

The question was upon ordering the joint resolution to be read a third time.

The joint resolution, which was read, was as follows:

Resolved by the Senate and House of Representatives of the United States of America in LMgrc aesembed (two thirds of both Houses concurring.) That the following article be proposed to the Legislatures of the several States as ail amendment to the Constitution of the United States, which, when ratified by three fourths of said Legislatures, shall bo valid as part of the Constitution, namely:

Abticle XV., ggc.— The right lit of citizens of the United States to vote and bold office shall not be denied or abridged by- the United States ox any State, on account ntof race, color, or previous condition of servitude.

BEO The Congress, by" appropriate legislation, may enforce the provisions of this article.

Mr. Botttwem, took the floor.

Mr. WOODWARD. I desire -to- move an amendment to- the joint resolution, not to the proposed amendment to the Constitution.

Mr. BOUTWELL. I cannot yield now for that purpose.•

Mr. BINGHAM. I appeal to the gentlemail" from Massachusetts [Mr. Boutwell] to allow me to offer an amendment.

Mr. BOUTWELL. I will hear the gentleman from Pennsylvania [Mr. Woodward] first. Mr. "WOODWARD. My amendment is to the resolution, not to the proposed constitutional amendment. It is in effect precisely that which was offered in the Senate, limiting the submission of this amendment to Legislatures to be elected hereafter, not to those now elected.

Mr. BOUTWELL. I cannot yield to allow such an amendment to be offered. I have 110 idea that Congress has the right,- under the Constitution, to -select future Legislatures to act- upon proposed amendments.

Mr. WOODWARD. If the gentleman will allow me the opportunity I will answer his argument.

Mr. BOUTWELL. I decline to yield further at this time to the gentleman from Pennsylvania, [Mr. Woodward.] I now yield to the gentleman from Ohio, [Mr. BlJfQBTAif 3

Mr. BINGHAM. Idesire to offeran amendment to the first section of the proposed article in the very words heretofore agreed to in the Senate by a vote of 40 to 16. The object is to save this great act of justice from the limitation imposed upon it.

Mr. BOUTWELL. I cannot yield for debate. If the gentleman will allow his amendment to be read I will yield for that pur poBe

Mr. BINGHAM. I desire to move that the first section of this proposed amendment be amended so as to read as follows:

The right of citizens of the United States to vote and hold office shall not be denied or abridged by any State on account of race, color, nativity, property, creed, or previous condition of servitude.

I ask the gentleman to allow me to have a vote on the amendment I have indicated.

Mr. BOUTWELL. Mr. Speaker, the House will remember that two votes have been taken in this body rejecting a proposition, I think, substantially like that which the gentleman from Ohio [Mr. Bingham] desires now to submlMr. BINGHAM. The gentleman will allow me to interrupt him. The House will bear witness, Mr. Speaker, that when this question was last before us to be voted on the gentleman from Massachusetts notified the House that the proposition omitted the words" or ori account of previous condition of servitude, which phrase is now inserted; and I beg the gentleman to consider that the vote which was given by this House rested upon that suggestion, and in so far as it did I honor the gentlemen who gave that vote, though I was constrained to differ with the gentleman in his legal conclusions.

Mr. BOUTWELL. The proposition of the gentleman from Ohio does contain words which were omitted from the amendment as it earae from the Senate j but it is -also coupled with provisions which, I believe, have been distinctly rejected by this House. At any rate, they were argued before the House by the gentleman from Ohio and myself, as well as others, and the House did not accept the proposition which he then submitted.

Under the circumstances in which we are placed I consider it to be my duty to keep the House as closely as possible to the differences between the two branches upon the proposition now before us; and those differences have finally resolved themselves into this: the House, by two votes, has declared its desire that the amendment to be submitted to the people should contain only a provision by whacn the equal rights of the people in the matter of voting would be secured, with all the legal consequences and rights of that provision, among which, as I understood then and understand now, is the right to hold office. The only difference, then, between the House and the Senate is upon the question whether the proposed constitutional amendment shall declare, in express language, the right of all the people to hold office as well as to vote. Inasmuch as the differences which have arisen between the two branches have, by the successive action of the two Houses, been diminished till at last only one point of difference remains, I consider it my duty to get the judgment of the House. upon that point alone, and so far as in me lies to preclude all further discussion or action upon those questions which have been debated in both branches of Congress, and upon which, so far as the record shows, there is now no difference of opinion. Therefore I must decline to yield to the gentleman from Ohio to enable him to offer his amendment.

Mr. BINGHAM. Does not the gentleman consent that I may offer my amendment?

Mr. BOUTWELL. I cannot under the circumstances.

Mr. BINGHAM. I [hope the House will give me an opportunity to have a vote on it.

Mr. SCOFIELD. I suppose that if we vote, down the demand for the previous question we can .have some time, even though the gentleman from Massachusetts [Mr. Boutweli,] may not accord it to us.

Mr. SHKLLABAItGER. With the consent of the gentleman from Massachusetts, I desire to have read an amendment which I propose to offer if the previous question should not be seconded. In order that the amendment may be the better comprehended I will say that it is substantially the same proposition which on a former occasion, after the discussion we then had, received sixty one votes on the Republican side of this House. The main objection urged to the proposition during the discussion was that it might possibly be so construed as to prohibit the enactment of registration laws and other laws to preserve the purity of the elections. That objection, which was urged earnestly by the gentleman from Massachusetts and others, had doubtless the effect of reducing the vote in favor of the amendment. That objection is obviated by the form in which the amendment is now drawn.

Mr. BOUTWELL. 1 yield to allow the amendment to be read.

The Clerk road as follows:

In lion of section one insert the following:

Neither the United States nor any Sta to shall abridge or deny to any nnilo citizen of the United States, of the ago of tivcnty ono years or over, and who is of sound mind, an equal vote at all elections in tkoStatoin which ho shall have such actual residence as shall be prescribed by law, except such as have engaged, or may hereafter ougasje, in insurrection or rebellion against the United States, and such as shall bcdulyconvictodof treason, felony, or other infamous critvio, But such right to vote shall bo subject to such regulations, uniform in their application to all elector"!, as may be provided by law for preserving the purity of elections and proscribing the tiiuos, places, and manner of holding the same, Mr. BOUTWliLL. I will consider further as to that proposition, and will now yield to the gentleman from Illinois [Mr. Loc vx to offer an amendment,

Mr. LOGAN. I desire to move lo strike out the words- "and hold office," so that the resolution shall be left in the precise language in which it was sustained by the House and went to the Senate.

TheSPEAKBR.- Does the gentleman from Massachusetts allow it to be offered?

Mr. BOUTWELL. I do.

Mr. RANDALL. Does the gentl eiran from Illinois think that they are capable of voting and not of holding office?

Mr. LOGAN. Mr. Speaker, I will state to the House the reason why I make this amendment. I believe the resolution as it passed the House to be a proper one, and that we should not adopt such a one as comes to us from the Senate. The Constitution of the United States does not prohibit the right to hold office except in one particular place, where it provides that the President and Vice President of the United States shall be nativeborn citizens. The language of the Constitution in all other cases is "person."

Now, sir, I believe, further, that the intention of the Constitution of the United States was to leave to the States to determine what persons should hold office. I believe it has been properly left there by the Constitution, and that is should be allowed to remain there. That it is necessary to put in the words "and hold office" to give the colored people the right to vote is all imagination. There is no law for it whatever. It has grown out of the action of the Legislature of Georgia, and there is no law for it. What we should do, in my judgment, is to give all men without regard to race or color the right of suffrage, and when we give them the right to vote they will take care of the right to hold office.

Let us pass the resolution as we passed it before, and let itgo to the Senate. If they fail to give the right of voting to these people; if the men who have been advocating manhood suffrage for forty years now refuse to put it in the Constitution; if they will trample down the principles they have been advocating for over forty years, let the responsibility rest upon them. I say we here give all persons the rightto vote, except those who have been disfranchised by reason of crime or something of that kind. The States have the right to do this. The States ought to have it. They ought to have the right to say that a man shall not have the right to vote who has committed treason, burglary, arson, or any other crime. It ought to he left to the States. There is where our fathers left it, and it was wisely committed to them, in my judgment. I have said all I desire to say.

Mr. BOUTWELL. I now yield for five minutes to my colleague.

Mr. BUTLER, of Massachusetts. Mr. Speaker, I had supposed if there was anything which was inherent as a principle in the American system and theory of government, of equality of all men before the law, and the right of all men to a share in the Government, it was this: that the right to elect to office carries with it the inalienable and indissoluble and indefeasible right to be elected to office. Therefore, I am myself almost persuaded not to vote for the amendment. As it comes to us from the Senate it provides that no man, on account of race, color, or previous condition of servitude, shall be deprived of the right to hold office. That seems to give color to the conclusion that there are other classes which may be deprived of the right to hold office, although, it seems to me, if we adopt this provision without a word of protest, the" effect will be by intendment to legalize that which lias been done in Georgia in voting the colored men out of office. If it takes a constitutional provision to prevent a man from being deprived of holding office because of race or color, then the men in the Legislature of Georgia did right under the Constitution. If it was a simple exercise of a legal right in their discretion, on their part, it is a matter of which we cannot complain. I wish t o vote for an effectual provision that will leave beyond doubt the right to vote, and stop there, because there came with it the right to be voted for beyond all question.

But while I have this opinion upon the effect of this amendment, and have thus entered my protest against any conclusion that every man has not the same right to be voted for as to vote to be drawn from the amendment, yet I shall vote to concur with the Senate, because if we do not take this 1 fear we shall get nothing, and we have only put in the Constitution under protest the assertion of aright that is fundamental and vital in the American theory of right in government now. It is apparent to me that if we do not pass this now as we receive it from the Senate it will be too late forever to pass it. There is no previous question in the Senate, and in the present state of the public business it will be almost impossible to have any new matter of constitutional amendment reargued there and then pass it through this House, where filibustering for a few hours may prevent the passage of this great constitutional guard. Much, therefore, as I deplore this interpolation by the Senate of the right to hold office, yet to save a great right, and with the protest which I make for myself and for those who 1 have no doubt will vote with me under the same feeling, I shall vote to concur in order that I may save what I can, always being ready to do the best thing I can do when I cannot do the thing I would do.

Mr. BOUTWELL. After reflection and conference with gentlemen who think this amendment ought to be again considered I do not feel at liberty to undertake to control the action of the House by virtue of the position I hold in reference to this measure. Therefore, while I shall say what I have to say against the propositions of the two gentlemen from Ohio, [Mr. Shellabarger and Mr. Bingham,] I still think it is perhaps the better way, with reference to the final settlement of the question, that they should have an opportunity to present their amendments and take a vote upon them.

Mr. WOODWARD. I would like to know if the gentleman will not allow this side of the House an opportunity to discuss the question at least ten or fifteen minutes?

Mr. BOUTWELL. I will not. object to yielding to gentlemen on the other side a portion of the time, but I decline to allow the gentleman from Pennsylvania to submit his amendment for various reasons, one of which is I think it is not within the constitutional power of this House to make it.

Mr. WOODWARD. You will allow us to oppose the amendment?

The SPEAKER. The Chair understands that the gentleman from Massachusetts consents to consider as pending the amendment of the gentleman from Ohio [Mr. Siiellabargeii] and that of the gentleman from Illinois, [Mr. Logax,] and that he further consents to allow the gentleman from Ohio [Mr. Bingham] to offer tin amendment.

Mr. BOUTWELL. That is so.

Mr. BURR. How about the amendment proposed by the gentleman from Pennsylvania, [Mr. Woodwakd?]

The SPEAKER. The gentleman from Massachusetts declines to allow it to be offered.

Mr. BURR. But does permit others to be offered?

The SPEAKER. He does.

Mr. BURR. That is generous.

Mr. BINGHAM. I now move my amendment, to strike out in line three the words by the United States or," and to insert in line four the words" nativity, property, creed so that it will read as follows:

The right of citizens of the United States to voto and hold olliee shall not be denied or abridged by any State on account of race, color, nativity, property, creed, or previous condition of servitude.

Mr. BOUTWELL. I yield ten minutes to Ike gentleman from Ohio.

Mr. BINGHAM. I can hardly hope in ten minutes to state all I ought to say in connection with this matter. I desire to appeal to my colleague [Mr. SHeLLABaRGER] by making this statement: that in the form in which the Senate has presented this amendment, whatever of power there is in the several States in this Union under the Constitution to deprive men by class of the privilege of the elective franchise on account of participation in rebellion and decide by judges of election whether they have participated in rebellion is reserved, and therefore 1 hope that the gentleman will not adhere to his form of amendment, and thereby raise unnecessarily another question under our institutions of government.

I beg leave to say further to my colleague that it would be difficult for him to find a written constitution in any country, Christian or pagan, in which it was ever affirmatively admitted, as lie proposes to do here to day that a municipality of a common nationality and within its general jurisdiction can by a general law pronounce upon citizens in gross the ostracism. There is a word in your Constitution that forbids it. That tremendous power belongs exclusively to the nation. That power does not belong to the States. Three States have been trying to assert this power, with what success remains to be seen in the nearcoming future. The great majority of the States have refused to even entertain it. Sir, in your Constitution are these words, that— The citizens of each State shall be entitled to all tho privileges and immunities of citizens in the several States of this Union."

Put such an affirmative proposition into your Constitution as that suggested by my colleague, and what is there to restrain Ohio, after that act, from saying to. Michigan Inasmuch ag all your citizens are under the ban of our suspicion they shall not vote without challenge in the State of Ohio, and until they have been tried for crime before a board of election judges.'' Sir, there is nothing in our history to justify this proceeding.

1 know very well that in the fourteenth article of amendments there are the words—and I know something of their origin— except on account of participation in rebellion or other crimes," but there are no other words following, as my colleague proposes, "or who shall have been convicted of other crimes," thereby leaving the Constitution open to a fair interpretation that men are not to be convicted of crimes without a trial under the limitations of the Constitution of our common country. But if there be merit in my colleague s proposition I ask the gentleman to consider that it is saved by the Senate amendment. That is enough. Jf it can stand the ordeal of the Constitution let it stand. But I ask the gentleman not to undertake an experiment of this kind in this day and in this hour of the Republic.

As to the proposition of the gentleman from Illinois, [Mr. Logak,] and the suggestion of the gentleman from Massachusetts, [Mr. Buti er I agree with both of them. If you will so amend the Senate amendment as I have proposed you will extend equal protection to the great body of American citizens, nativeborn and naturalized, black and white. The proposition of the gentleman from Illinois is eminently proper, wise, and just if the amendment be extended to all classes of citizens, as I propose, and I shall vote for it. The suggestion of the gentleman from Massachusetts, in the event that the proposition shall be so amended as to include all classes of citizens, has great significance, one that the great body of the people will take care of, that electors, subject only to the limitations now imposed by the national and by State constitutions as to age and residence, shall have equal right, in the exact words of the gentleman from Massachusetts, "to be elected to the several offices."

I am favorable to the proposition of the gentleman from Illinois for another reason, that this amendment of the Senate "or hold office," together with the other words of limitation by the United States, or," which I propose to strike out, seems to intimate for the first time by the action of the Congress that the Constitution of the United States has heretofore discriminated among natural born citizens as to their eligibility to the office of President, and among other citizens as to their eligibility to other offices under the Constitution of the United States.

Mr. Speaker, I undertake to say that there is in our past history no authoritative utterance of any man whose opinions are entitled to consideration to the effect that the Constitution of the United States ever did discriminate among natural born citizens having attained the prescribed age as to their eligibility to the office of President of the United (states, and if there be any man within the hearing of my voice who ever read a page of the history of the Republic in conflict with this utterance I will be under special obligations to him if he will point it Out. Why, equality of the lawis the very rock of American institutions, and the reason why I desire to amend this proposition of the Senate is that a§ it stands itsw sweeps away that rock of defense by providing only against State usurpation in favor of colored citizens, to the neglect of ec ual protection of white citizens. While colored citizens are equal in rights with every other class of citizens before the majesty of American law, as that law stands written this day, I am unwilling to set them above every other class of citizens in America by amending the Constitution exclusively in their interest. The import of my amendment is to protect all classes alike, and I ask a vote upon it.

I ask the attention of the House to the amendment I have offered. I leave the word "color" as it stands in the Senate amendment. I leave the words" or previous condition of servitude" as they stand in the Senate amendment. I leave the word "race" as it stands in the Senate amendment. All those words are applicable to colored citizens of the United States. But that all citizens, nativeborn and naturalized, black and white, "may be equal, so far as political rights are concerned, under the operation of the Federal Constitution, I ask leave of this House to insert the additional words "nativity, property, creed." By the Senate amendment as it now stands you will strike down the constitution of Ohio and the constitutions of twenty other States, in that they unjustly and wrongfully discriminate. among citizens on account of color. If my amendment shall be adopted you will strike down as well the constitutions of other States, as for example the State of Rhode Island, which wrongfully and unjustly discriminates this day by property qualifications against naturalized citizens of the United States as compared with native born citizens, and I use the words of her constitution. I would have inserted the other word "education," but I know that the general sense of the American people is so much for education, that chief defense of nations, that if they will not take care of that interest they will take care of nothing.

[Here the hammer fell.]

Mr. LAWRENCE, of Ohio. Will the gentleman from Massachusetts [Mr. Boutwkll] allow me to offer an amendment?

Mr. BOUTWELL. I will allow the amendment to be read.

Mr, LAWRENCE, of Ohio. I desire to move the following as a substitute for the proposition of the Senate:

Abticie—.

No State shall make or enforce any law which shal deny or abridge to any male citizen of the united States of the age of twenty one years or over, and who is of sound mind, and who has resided in suea State one year, and has complied with such regulations equally applicable to all electors as to legislation and local residence, not greater than one year, as may be prescribed by law, an equal right to vote by ballot at all elections in such State, except only to such as have aided or participated m, or may aid or participate in, insurrection or rebellion against the United States, or any State, or to such as shall be duly convicted of treason, felony, or infamous crime.

Mr. BOUTWELL. I cannot yield to allow that amendment to be offered. I now yield for ten minutes to the gentleman from Pennsylvania, fllr. Woodward.]

Mr. WOODWARD addressed the House. [See Appendix.]

Mr. liANDALL. I move that the whole subject be laid ou the table.

The SPEAKER. That is not in order, the gentleman from Massachusetts holding the Mr. RANDALL. From that decision I take an appeal, and on that motion demand the yeas and nays.

The yeas and nays were not ordered.

The House sustained the decision of the ChMr.' BOUTWELL. I desire very much that this question shall be closed to night Unless some arrangement is made the House will take a rooess at halt past four, and if then undis posed of this question will go over, I therefore move the following resolution:

Resolved, That the rules be suspended and th® evening session for to day fee dispensed with, and the House proceed immediately to ve te on the pending amendments to the Senate joint resolution without dilatory motions.

Mr. CHANLER. That does' riot suspend the right to have the yeas and nays on the amendments?

The SPEAKER. It does not, that being provided for in the Constitution?

Mr. KNOTT. Is it in order to move to adjourn?

The SPEAKER. Pending the motion to suspend the rules one motion to adjourn is in order.

Mr. KNOTT moved that the House adjourn, and on that motion demanded the yeas and nays.

The yeas and nays were ordered.

The question was taken; and it was decided in the negative—yeas 29, nays 144, not voting 40; as follows:

YEAS—Messrs. Archer, Axtell, Beck, Boyer, Burr, Chanler, Fox, Getz, Golladay, Grovt r Haight, Holman, Hotchkiss, Humphrey, Johnson, Thomas L. Jones, Knott, Marshall, MeCormick, McCullough, Mungen, Niblack, Nicholson, Randall, Robinson, Ross, Stone, "Van Trump, and "Woodward—29.

NAYS—Messrs. Allison, Aracs, Delos K. Ashley, James M. Ashley, Baker, Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Boutwell, Boy en Bromwell, Broomall, Buckley, Roderick R. Butler. Cake, Callis, Churchill, Reader W. Clarke, Sidney Clarke, Clift Cobb Cook, Corley, Covode, Cullom, Dawes, Deweese, Dickey, Dockery, Dodge, Donnelly, Brings, Eckley, Edwards, Eggleotftr, TJinmns TV I0li it James T. Elliott. Farnsworth, il J? errifes, -Eietua. xicuvu, u«wm iu Gravely, Griswold, Halsey, Hamilton, Haughey, Hawkins Heaton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcbam, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, "William Lawrence, Logan, Loughridge, Lynch, Mailory, Marvin, Maynard, McEec, Mercur, Miller, Moore, Moorhead, Morrell, Myers, Newcomb, Nunn, O Neill Orth, Paine, Perham, Peters, Pettis, Pike. Pile, Plants, Poland, Pomeroy, Prince, Raum, Robertson, Roots. Sawyer, Schenck, Scofield, Selye, Shanks, Shellabarger, Smith, Spalding, Starkweather, Stevens. Stokes, Stover. Sypher, Taber. Taffe, Taylor. Thomas, John Trimble, Trowbridge, Twichell, .Upson, Y an Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Cadwalader C. "Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams. William Williams, James F. Wi son Stephen F W ilson, W mdom, and Woodbrictge—144.-

NOT VOTIN G—Messrs. Adams, Anderson, Arnell, Bailey, Barnes, Barnum, Blackburn, Boles, Bowen, Brooks, Buckland, Benjamin E. Butler Cary Coburn, Cornell, Delano, Dixon, Eldridge, Ferry, Glossbrenner, Harding, Asahel W". Hubbard, Richard I). Hubbard, Jenckes, Kerr, Lincoln, Loan, McCarthy. Morrissey, Mullins, Newsham, Norris, Phelps, Pierce, Polsley, Price, Pruyn, Sitgreaves, Stewart, litt, Lawrence S Trimble Van Auken, Van Wyck. v idai. Elitiu B. Washburne. Henry D. Washburn, John I. Wilson, Wood, and Young—J9.

So the House refused to adjourn.

The question recurred on the motion to suspend the rules.

Mr. WOODWARD. I rise to a question of privilege, as I understand it. I ask leave to print so much of my speech as the gentleman from Massachusetts [Mr. Boutwell] would not consent to my delivering.

No objection being made, leave to print was accordingly granted. [See Appendix, j

The question being put on suspending the rules, there were—ayes 113, noes 30.

Mr. CHANLER. I demand tellers.

Tellers were ordered.

Mr. SCOFIELD. I demand the yeas and nays.

The yeas and nays were ordered.

The question "was taken; and it was decided in the affirmative—yeas 144, nays 37, not voting 41; as follows:

YE 4S—Messrs. Allison, Ames, Delos Ashley. James M. Ashley, Baker, Baldwin, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Boutwell, Bowen. Bromwell, Broomall, Biickiand, Buckley, Roderick R. Butler, Cake, Ciillis Uiurchill Header W. Clarke, Sidney Clarke, Chtt,( obb Co bum, Cook, Corley, Covode. Cullom, Dawes, Deweese, Dickey, Dockery Dodge, Donnelly Driggs, Eckley, Eggleston, Ela. Thomas D. Eliot James I. MUott, Farnsu orth Perries, E wry Fields, 1 Garfield, Goss, Gove, Gravely, Griswold, Halsey, Hamil ton, Haughey. Heaton, Hisby. Hill, Hooper. Hopkins, Chester D. Hubbard, Hulburd, soli. Jenckes, Alexander H. Jones J add Julian, Kelley. Kellogg, Kelsey Ketcham, K tehc Koontz, LaSin, Lash, George V. Lawrence, William Law- rence, Logan, Loug hrid«e Lynch Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Myers, Newcomb, Nun n, O Neill Orth, Paine, Perham, Peters, Pettis, Pike, Pile, Plants, Poland, Pomeroy, Price, Prince, Raum, Robertson, Roots, Sawyer, Schenck, Scofield, Selye, Shanks, Shellabarger. Smith. Starkweather, Stevens, Stokes, Stover, Taffe, Taylor, Thomas, John Trimble, Trowbridge. Twichell, Upson, van Aernam, U11 Burt Van Horn, Robert T. Van Horn, Ward, Cadwalader C. Washburn, William B. "Washburn, Welker, Whittemore, Thomas Williams, William Williams, James F. Wilson, Stephen J\ Wilson, Windom, and Woodbridgo lii

NAYS —Messrs. Archer, Axtell, Barnum, Beck, Boyer, Burr, Cary, Chanler, Eldridge, Fox, Getz, Goliad ay, Grover, Haight, Hawkins, Holman, Hotchkiss, Humphrey., Johnson, Thomas L. Jones, Knott, Marshall. McCormiek, McCullough, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Robinson, Ross, Spalding, Stone, Taber, Van Trump, and Woodward—37.

NOT VOTING—Messrs. Adams, Anderson, Arnell, Bailey, Barnes, Blackburn, Boles, Boyden, Brooks, Benjamin F. Butler, Cornell, Delano, Dixon, Edwards, Glossbrenner, Harding, Asahel W. Hubbard,' Richard D. Hubbard, Kerr, Lincoln Loan Mallory, Morrissey, Mullins, Newsham, Norris, Pierce, Policy, Sitgreaves, Stewart. Sypher, Tift, Lawrence S. Trimble, Van Auken, Van Wyck, Vidal, Elihu B. Washburne, Henry D Washburn John T. Wilson, Wood, and Young—41.

Sf> two thirds having voted in favor thereof) the rules were suspended.

The SPEAKER. The joint resolution is now before the House. The Clerk will report the first amendment.

Mr. BGUTW ELL Have not la right to the floor?

The SPEAKER. Tire gentleman has not, after the order of the House suspending the rules.

The Clerk reported the first amendment offered by Mr. Logan-, to strike out the words 11 and hold office."

Mr. RANDALL. I demand the yeas and nays on that amendment.

The yeas and nays were ordered.

The question was taken; and it was decided in the negative —yeas 70, nays fJ3, not voting 57: as follows:

YEAS—Messrs. Archer, Delos£, Ashley, Axtell, Uimum, Beck, Benton Bingham, Boyer, Burr Cary, Oimnloi Churchill Coburn, Dockery, Eckloy, Eldri jo Fields, Fox Gaiiiold Getz, Golladay, Grover, Uaigbt, Halsoy, Higby, Holman, Hotchkiss, Chester D. Hubbard, Humphrey, Hunter, Johnson, Thomas L. Jones, Judd, Ketcham. Knott, George V. Lawrence, Lo an Marvin', McOomuuk, MeCullough, Mercur, Miller, Moore Moorhead Morrell Mungen, Myow, Niblack, Nicholson, O Neill Phelps, Pile, Pruyn, flamhttl, Raum, Robertson, Schonck, Scofield, Selye Smith Spalding, Starkweather, Storons Stone, Taber, Tiff, Van Trump, William Williams, Woodbridge, and Woodward—70.

NAYS—Mossrs. Allison, Ames, James M. Ashley, Baker, Banks, Beaman, Beatty, Benjamin, Blaine, Blair, Boutwell, Bowen, Bromwell, Broomall, BuckJ ud Buckley, Roderick R. Butler, Cake, Callis, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Cook, Corley, Cullom, Dawes, Dickey, Dodge, Donnelly, Driggs, Eggleston, Ela, Thomas D. Eliot, Jiuncs T. Elliott, jb Ferriss, J Vouch Goss, Gove, Gravely, Hamilton, Haughey, Heaton, Hooper, Hopkins, Hulburd, Jenckes, Alexander II. Jones, Julian, Kelley, Kellogg, Kelsey, Kitchen, Koontz, Laihn, Lu h William Lawrence, Loughridge, Lynch, Maynard, McKee, Newcomb, Nunn 0rtb Paine, Perham, Peters, Pettis, Pfko, Plants, Poland, Pomeroy, Prince, Roots, Sawyer, Shanks, Sholl barger Stokes, Stover, Sypher, Taffe, Thomas, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Ward, William B. Washburn, Welker, Whittemore, Thomas Williams, Stephen P. Wilson, and Windom—95.

NOT VOTING—Messrs. Adams, Anderson, Arnell, Bailey, Baldwin, Barnes, Blackburn, Boles, Boyden, Brooks, Benjamin P. Butler, Cornell, Covode, Delano, Deweese, Dixon. Edwards, Farnsworth, Ferry, Ulo shreimer Griswold, Harding, Hawkins, Hill, Asahel W. Hubbard, Richard D. Hubbard Ingersoll Ken\ Lincoln, Loan, Mallory, Marshall. McCarthy, Morrissey, Mullins, Newsham, Norris, Pierce, Polsley, Price Robinson, Ross. Sitgreaves, Stewart, Taylor, Lawrence Trimble Van Auken, RobcrtT. Van Horn, Van Wyck, Vidal, 0 ulw tladf r C. Washburn, Elihu B. Washburne. Henry D. Washburn, James 1*. Wilson, John T. Wilson, Wood, and oung—57. So the amendment was disagreed to.

Bating the roll call

Mt. GETZ stated that his colleague Mr. GLOssBRENNER was absent. If present he would vote "ay."

The result having been announced as above, the rpestion recurred ou the amendment ot Mr. Hixbham, to strike out in line three the words'• by the United States or," and to insert in line four after the word" color" the words "nativity, property, creed;" so t at it will read as follows:

The right of citizens of the United States to vote and hold office shall not be. denied or abridged by any State on account of race, color, nativity, property, creed, or previous condition of servitude,

Mr. KELSEY and Mr. WHITTEMORE demanded the yeas and nays.

The yeas and nays "were ordered.

The question was taken; and it was decided in the affirmative—yeas 92, nays 70, not voting 60 5 as follows:

YEAS—Messrs. Allison, Archer, James M! Ashley, Axtell, Baker, Barnum, Beatty, Beck, Benton, Bingham. Blaine, Boyer, Buckland, Burr, Reader W. Clarke, Cobb, Coburn, Cullom, Dockery*: Dodge, Donnelly, Brings, Eckley, Eggleston, Ela, Eldridge, Farnsworth, Ferry, Fox, Garfield, Gets, Gravely, Griswold, Ilaiglit, Hamilton, Haughoy, Beaton, Holman, Hopkins, Hotchkiss, Chester!). Hubbard. Humphrey, Hunter, Alexander H. Jones, Judd, Julian, Kitchen, Knott,' Koontz, George V. Lawrence, William Lawrence, Marvin, McCormiek, MeCullough, Mercur, M ore Moorhead, Mungen, Myers, Newcomb, Niblack, Nicholson, Orth, Paine, Pettis, Pile, Plants, Randall. Raum, Robinson, Ross, Schenck, Scofield, Shanks, Smith, Spalding, Starkweather, Stevens, Stone, Stover, Taylor, Upson, Robert T. Van Horn, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, William Williams, James P Wilson John T. Wilson, Woodbridge, and Woodward—92.

NAYS—Messrs. Delos R. Ashley, Banks, Beaman, Blair, Boutwell Bowen, Bromwell, Broomall, Bucklev, Benjamin F. Butler, Roderick R. Butler, Cake, Cary, Churchill, Sidney Clarke, Cook, Corley, Covode, Dawes, Dickey, Thomas D. Eliot. James T. Elliott, Ferriss, Fields, French, Golladay, Goss, Gove, Grover Hasty. Hi by Hooper, Hulburd, Jenckes, Johnson, Kelley, Kelsey, Ketcham. Laflin, Lash, Loughridge, Maynard, McKoe, Miller, Morrell, Nunn, O Neill Perham, Phelps, Pike, Poland, Pomeroy y Price Pr Prince, Pruyn, Robertson, Roots, Sawyer, Selye, Shellabarger, Stokes, Sypher, Taffe, Thomas, John Trimble. Trimble, TrnwbriVljyft. Trowbridge, Twifthell. Twichell, Vn Van ri Aernam, Aernn m Burt Van Horn, and Ward—70.

NOT VOTING—Messrs. Adams, Ames, Anderson, Arnell, Bailey, Baldwin. Barnes, Benjamin, Blackburn,' Boles, Boyden, Brooks, Callis, Chanler, Clift, Cornell, Delano, Deweese, Dixon, Edwards. Glossbrenner, Harding, Hawkins, Hill, Asahel W. Hubbard, Richard D. Hubbard, Ingersoll, Thomas L. jones, Kellogg, Kcir, Lincoln, Loan, Logan, Lynch, Mallory, Marshall, McCarthy, Morrissey, Mullins, Newsham, Norris, Peters, Pierce, Polsley, Sitgreaves, Stewart, Taber, Tift, Lawrence S. Trimble. Van Auken, Van Trunin, Van Wyck, Vidal, Elihu B. Washburne, Henry 0. Washburn, Thomas Williams, Stephen F. Wilson, Windom, Wood, and Young—00. So the amendment was agreed to.

During the roll call

Mr. PETTIS said: Mr. Speaker, before voting I wish to say that at the time the House took a recess yesterday afternoon I went to my room and from indisposition took to my bed, giving directions not to be disturbed; and know nothing of what occurred afterward in the House until this morning.

Mr. LAFLIN stated that Mr. Likcoln was absent on account of sickness.

The result of the vote having been announced as above recorded, the question recurred on the substitute offered by Mr. Shellabarger.

Mr. SHKLLABAH GEH In view of the result of the last vote, and in order not to waste .the time of the House, I think I ought to withdraw my amendment, and with the leave of the House£ will do so.

The SPEAKER, The gentleman has a right to withdraw it before a vote.

Mr. SHELLABARGER. Then I withdraw it. The joint resolution, as amended, was then read the third time.

The question was upon the passage of the joint resolution.

Mr. ELDRIDGE. Upon that question I call for the yeas and nays.

The yeas and nays were ordered.

The question was taken; and it was decided in the affirmative—yeas 140, nays 87, not voting 40; as follows:

YEAS—Messrs. Allison, Ames, Arnell, Delos R. Ashley, James, M. Ashley, Baker, Banks, Beaman, Beatty, Benjamin, Benton, Bingham, "Blaine, Blair, Boutwell, Bowen, Bromwell, Broomall, Buckland, Buckley, Benjamin F. Butler, Roderick R. Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Cobb, Coburn, Cook. Corley, Covode, Cullom, Dawes, Dickey, Dockery,' Dodge. Donnelly, Driggs, Eckley, Egglcj ton Ela, Thomas D. Eliot, James T. Elliott, Farnsworth, Ferriss, Ferry, Fields, French, Gai field, Goss, Gove, Gravely, Griswold, Halsey, Hamilton, Haughey, Heaton, Higby, Hill, Hooper, Hopkins, Chester I>. Hubbard, Hulburd, Hunter, Alexander H. Jones. Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash' Gooiye V. Lawrence, William Lawrence, Logan, Loughridge, Lynch, Marvin, Maynard, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Myers, O Neill Orth, Pome, Perham, Peters, Pettis, Pile, Plants, Poland, Pomeroy, Price, Prince, Raum, Roots, Sawyer, Stfhenck, Scofield, Selye, Shanks, Shellabarger, Smith, Starkweather, Stevens, Stokes, StoVer, Sypher, Taylor, Taffe, Thomas. Tift, John Trimble Trowbridge Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Jlorn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore. Thomas Williams, William Williams, James E Wilson John T Wilson Stephen F. Wilson, Windom, Woodbridge, and the Speaker—WO. NAY6—Messrs. Archer, Axtell, Barnum; Beck, Boyer, Burr, Cary, Chanler, Eldridge, Fox, Getz, Golladay Grover I Haight, Hawkins Holman, Hotobkiss Humphrey Jenckes, Johnson, Knott, Marshall, McCormiek McCullough Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall Robinson Ross-, Stone, Taber, Van Trump. Woodward, and Young—37.

NOT VOTING—Messrs. Adams, Anderson, Bailey, Baldwin. Barnes, Blackburn, Boles, Boyden, Brooks, Callis, Cornell, Delano, Deweese, Dixon, Edwards, Glossbrenner, Harding, Asahel W. Hubbard, Richard D. Hubbard, Ingersoll. Thomas L. Jones, Kerr, Lincoln, Loan, Mallory, McCarthy, Morrissey, Mullins, Newcomb, Newsham, Norris, Nunn, Pierce, Pike, Polsley, Robertson, Sitgreaves, Spalding, Stewart. Lawrenee S. Trimble, Van Auken, Van Wyck, Vidal, jSlihu B. Washburne, Hemy D. Washburn, and Wood—46.

So (two thirds voting in the affirmative) the joint resolution was passed.

During the call of the roll the following explanations were made:

Mr. LOUGHRIDGrE. I desire to state that Mr. Loan is absent on account of sickness. If here he would vote uay."

Mr. FOX. My colleague, Mr. Wood, is confined to his room by illness j if here he would vote no 1 My colleague, Mr. Brooks, is also absent, having been called away on important business. If here he would vote "no."

Mr. GETZ. My colleague, Mr. Glossbrenner, is still absent. If here he would vote

Mr. HOLMAN. My colleague, Mr. Kerr, is absent on public business. If here he would vote "no."

Mr. ELDRIDGE.# Would it be in order to move now to reconsider the vote by which this joint resolution was passed, and to move to lay the motion to reconsider on the table?

The SPEAKER. Such a motion by any member who voted with the majority would he in order.

Mr. ELDRIDGE. Well, I did not vote with the majority; so I cannot make that motion.