February 3, 1869

Mr. STEWART. I move that the. Senate now resume the consideration of House joint resolution No. 402.

The motion was agreed to; and the joint resolution (H. R- Ho. 402) proposing an amendment to the Constitution of the united btates was considered as in Committee ot the Whole.

Mr. STEWART. 1 ask for the reading ot the resolution..

The joint resolution was read, as follows: Joint resolution proposing an amendment to the

Constitution of tho United States.

Be it resolved by the Senate and Home of Representatives of (he United States of America in Congress assembled, ^o third 3 of both Houses concurring,) That the following article be proposed to the Legislatures? of the several States as an amendment to the Constitution of the United States, which, when ratified by three fourths of said Legislatures, shall he held as part of said Constitution, namely;

ARTICLE

Section 1. The right of any citizen of the United States to vote shall not be denied or abridged by tae United States or any State by reason of race color or previous Condition of slaTOfy of any citizen or class ofoitiisensof the United States. :r

Sec. 2. The Congress shall have power to enforce by appropriate legislation the provisions of this article,

Mr; STEWART. I am instructed by the Committee on the Judiciary to move to amend the resolution by striking out the whole of section one of the proposed article and' inserting in lj u thereof:

The right qi oitizens oJ tKo United 'States to vote and hold office shall not be denied or abridged b the United States, or by any State. on account of race, color, or previous condition of servitude.

Mr. WILLIAMS. I move to am end the amendment by inserting the words "natural born" beforecitizens.''-,

Mr. STEWART. I hope that will not prevail.

My. FERRY. I suppose, in accordance with the ordinary practice of the Senate, upon this subject againjsQming to, ,its, consideration I would ba entitled, by courtesy, at least, to the floor. If there are other amendments which gentlemen desire to submit, I will give way. I rose to move an adjournment; but I will postpone that motion for other amendments if gentlemen, desire tapffer them.

Mr. B UCKA£EW J desire to give notice of an .amendment that I intend to propose, .tp come in at the end of the resolution It is to ad$ the words:

That the foregoing .amendment shall be submitted to the Legislatures of the several States, the most numerous branches of which shall bo chosen next after the passage of this resolution.

Mr. HOWARD. I desire to offer a substitute for the resolution of the Judiciary Committee, and I ask to have it printed. My proposition is to strike out the first section of the proposed article and insert:

Citizens of the United States of African descent shall have the same right to vote and hold office as Other citizens,

Mr. DOOLITTLE. I suggest to the Senator from Oregon, [Mr. Williams,] whose amendment I understand is pending, that instead of the words "natural born 1 he shall say "native born citizens."

Mr. WILLIAMS. No; I have followed the language of the Constitution.

Mr. CORBETT. I desire to give notice of an amendment that I shall propose to come in at the end of the first section of the proposed article:

But Chinamen not born in .the United States, and Indians not taxed, shall not be deemed or made citizens.

Mr. FOWLER. I desire to submit an amendment which at the proper time I shall propose. It is to substitute for the first section of the proposed article of amendment-

All citizens of the United States residents of the several States now or hereafter comprehended in the Union, of the aero of twenty one years and upward, shall bo entitled to an equal vote in all election# in the State wherein they shall reside, (the period of such residence as a qualification for voting to bo decided by each State,) except such citizens as shall engage in rebellion or insurrection, or shall be duly convicted of treason or other infamous crime.

Mr. SAWYER. I wish to give notice of an amendment which I shall propose, in lieu of the first section of the proposed article:

The right to vote and hold office shall belong to all muleeitwens of the United States who are twentyone years old and of sound mind, and who have not been orsliall not have been duly convicted of treason or other infamous crime: Provided, That nothing herein contained shall deprive the several States of the right to prescribe terms of residence which shall precede the oxerci e of the right to vote, to fix the ,£20 at which said citizens shall become eligible to hold office, and to make such registration laws as may be necessary to guard the purity of elections; which ^viv003 residence and age and registration laws applicable to all male citizens of the united States,

The PRESIDENTpro tempore. The question now is on the amendment offered by the Senator from Oregon [Mr. Williams] to the amendment of the Senator from Nevada, [Mr. STEWaRT.

Mr. DIXON.■-! desire at 'the proper time to move the same amendment td this resolution which I proposed to the Senate resolution, and that is to strike, out t^ word "Lfegisla: tures'' and insert ‘‘conventions’’ at the respective places where the word occurs.--•-.•-■

Mr. POMEROY. I moved an 'amendment to the former proposition; and as that proposition seems- to have been superseded by this, I desire to give notice' that at a suitable time I shall offer the same amendment to this resolution. I desire tohaVe it read for information. The Chief Clerk. The proposed amendment is to strike Out all of the first article of the contemplated constitutional amendment, and to insert in lieu of it—

The right of citizens of the United States to vote and bold office shall not be denied or abridged by the United States or any State for any reason not equally applicable to all citizens.

Mr. DIXON. I move that all these proposed amendments be printed.',-

The motion was agreed to.

Mr. FERRY. I move that the Senate adjourn.

The PRESIDENT pro tempore. Before the Chair puts that question he desires to lay before the Senate some House bills which are on •the table.