March 26, 1962 (3)

The Senate resumed the consideration of the motion of the Senator from Montana [Mr. MANSFIELD] to proceed to the consideration of the joint resolution (S.J. Res. 29) providing for the establishing of the former dwelling house of Alexander Hamilton as a national monument.

Mr. MANSFIELD. Mr. President, what is the pending question?

The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from Montana that the Senate proceed to the consideration of Senate Joint Resolution 29 providing for the establishment of the former dwelling house of Alexander Hamilton as a na­

Mr. TOWER. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mr. MANSFIELD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. MANSFIELD. Mr. President, I ask for the yeas and nays on the pending motion.

The yeas and nays were ordered.

Mr. MANSFIELD. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call · the roll.

Mr. MANSFIELD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

The question is on agreeing to the motion of the Senator from Montana [Mr. MANSFIELD] that the Senate proceed to the consideration of the joint resolution (S.J. Res. 29) providing for the establishing of the former dwelling house of Alexander Hamilton as a national monument.

On this question, the yeas and nays have been ordered; and the clerk will call the roll.

The Chief Clerk proceeded to call the roll.

Mr. TOWER (when his name was called). I announce that I have a pair with the Senator from New York [Mr. JAVITS]. If he were present and voting, he would vote "yea." If I were at liberty to vote, I would vote "nay." There­ Metcal! fore I withhold my vote.

The rollcall was concluded.

Mr. MANSFIELD. I announce that the Senator from Alaska [Mr. BARTLETT], the Senator from Colorado [Mr. CARROLL], the Senator from Tennessee [Mr. GoRE], the Senator from Minnesota [Mr. HUMPHREY], the Senator from Missouri [Mr. LoNG], the Senator from Minnesota [Mr. McCARTHY], the Senator from Florida [Mr. SMATHERS], the Senator from Missouri [Mr. SYMINGTON], the Senator from Rhode Island [Mr. PASTORE], the Senator from Arizona [Mr. HAYDEN], the Senator from Hawaii [Mr. LoNG], and the Senator from Rhode Island [Mr. PELL] are absent on official business.

I also announce that the Senator from New Mexico tMr. CHAVEZ] is absent because of illness.

I further announce that, if present and voting, the Senator from Alaska [Mr. BARTLETT], the Senator from Colorado [Mr. CARROLL], the Senator from Tennessee ' see [Mr. GoRE], the Senator from Minnesota [Mr. HUMPHREY] the Senator from Missouri [Mr. LONG], the Senator from Minnesota [Mr. McCARTHY], the Senator from Florida [Mr. SMATHERS], the Senator from Missouri [Mr. SYMINGTON], the Senator from Rhode Island [Mr. PASTORE], the Senator from Arizona [Mr. HAYDEN], the Senator from Hawaii [Mr. LONG], the Senator from Rhode Island [Mr. PELL], and the Senator from New Mexico [Mr. CHAVEZ] would each vote "aye."

Mr. KUCHEL. I announce that the Senator from Utah [Mr. BENNETT], the Senator from Maryland [Mr. BUTLER], the Senator from Indiana [Mr. CAPEHART], the Senator from Kentucky [Mr. MoRTON], the Senator from South Dakota [Mr. MuNDT], and the Senator from North Dakota [Mr. YouNG] are necessarily absent.

The Senator from South Dakota [Mr. CASE] and the Senator from Pennsy:­ vania [Mr. ScoTT] are absent because of illness.

The Senator from New York [Mr. JAVITS] is absent on official business, and his pair has been previously announced. If present and voting, the Senator from Utah [Mr. BENNETT], the Senator from Indiana [Mr. CAPEHART], the Senator from Maryland [Mr . BUTLER], the Senator from South Dakota [Mr. MUNDT], and the Senator from Pennsylvania [Mr. ScoTT] would each vote The result was announced-yeas, 62, nays 15, as follows:

[No. 29 Leg.]

YEAS-62

Aiken Clark Hartke Allott Cooper Hickenlooper Anderson Cotton Holland Beall Curtis Hruska Bible Dirksen Jackson Boggs Dodd Jordan Burdick Douglas Keating Bush Dworshak Kefauver Byrd, W.Va. Engle Kerr Cannon Fong Kuchel Carlson Goldwater Lausche Case, N.J. Gruening Long, La. Church Hart Magnuson

Mansfield Murphy Smith, Mass. McGee Muskie Smith, Maine McNamara Neuberger Wiley Pearson Williams, N.J. Miller Prouty Williams, Del. Monroney Proxmire Yarborough Morse Randolph Young, Ohio Moss Saltonstall

NAYS-15

Byrd, Va. Hickey Russell Eastland Hill Sparkman Ellender Johnston Stennis Ervin McClellan Talmadge Fulbright Robertson Thurmond

NOT VOTING-23

Bartlett Hayden Pastore Bennett Humphrey Pell Butler Javits Scott Capehart Long, Mo. Smathers Carroll Long, Hawaii Symington Case, S. Dak. McCarthy Tower Chavez Morton Young, N. Oak. Gore Mundt

So the motion of Mr. MANSFIELD was agreed to; and the Senate proceeded to consider the joint resolution (S.J. Res. 29) providing for the establishment of the former dwelling house of Alexander Hamilton as a naticnal monument, which has been reported from the Committee on Interior and Insular Affairs, with amendments on page 2 , line 7, after the word "national", to strike out "monument" and insert "memorial"; at the beginning of line 8, after the amendment just above stated, to insert "Howe . ever, the Secretary shall Pot establish the national memorial until he has satisfied himself that the lands which have been donated are sufficient to assure the relocation of the Grange and administration and interpretation of the national memorial."; in line 13, after the word "national", to strike out "monument" and insert "memorial"; in line 16, after the word "National", to strike out "Monument" and insert "Memorial", and in line 21, after the word "such", to strike out "monument" and insert "memorial"; so as to make the joint resolution read:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to take such action as may be necessary to provide for the establishment of the former dwelling house of Alexander Hamilton (commonly known as The Grange), situated in New York, New York, as a national memorial. However, the Secretary shall not · establish the national memorial until he has satisfied himself that the lands which have been donated are sufficient. to assure the relocation of The Grange and administration and interpretation of the national memorial. SEc. 2. (a) The national memorial established by the Secretary of the Interior pursuant to this joint resolution shall be designated as the Hamilton Grange National Memorial and shall be set aside as a public national memorial to commemorate the historic role played by Alexander Hamilton in the establishment of this Nation.

(b) The National Park Service, under the direction of the Secretary of the Interior, shall administer, protect, and develop such memorial, subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for . other purposes", approved August 25, 1916, as amended and supplemented, and the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935, as amended.

· SEc. 3. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this join~ resolution.

Mr. MANSFIELD. - Mr. President, I move to reconsider the vote by which the motion was agreed to.

Mr. DffiKSEN. Mr. President, I move to lay that motion on the table.

THE PRESIDING OFFICER. The question is on agreeing to the motion to lay on the table the motion to reconsider.

The motion to lay on t.he table was agreed to.

Mr. HOLLAND. Mr. President, I wish to propound a parliamentary inquiry.

The PRESIDING OFFICER. The Senator will state it.

Mr. HOLLAND. Is the moment appropriate for me to offer an amendment in the nature of a substitute for the joint resolution now pending?

The PRESIDING OFFICER. Under the rules and the precedents of the Senate, perfecting amendments to a till or a joint resolution have precedence over a substitute therefor.

Mr. MANSFIELD. Mr. President, will the Senator yield?

Mr. HOLLAND. I yield.

Mr. MANSFIELD. Mr. President, I ask unanimous consent that the committee amendments to the joint resolution be agreed to en bloc.

Mr. RUSSELL. Just a moment, Mr. President.

The PRESIDING OFFICER. Is there objection to the request of the Senator from Montana?

Mr. RUSSELL. Mr. President, is it the Alexander Hamilton joint resolution that is slated for early execution that is sought to be amended?

The PRESIDING OFFICER. The Senator is correct.

Without objection, the committee amendments are agreed to en bloc.

Mr. HOLLAND. Mr. President, for myself and the distinguished majority leader, the Senator from Montana [Mr ; MANSFIELD], and the distinguished minority leader, the Senator from Illinois [Mr. DIRKSEN], I send to the desk an amendment in the nature of a substitute for the pending measure. · The PRESIDING OFFICER. The amendment will be stated.

The Chief Clerk read as follows:

Strike all after the resolving clause, as amended, and insert in lieu thereof the following:

"That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution only if ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

"'ARTICLE-

"'SECTION 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, · shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

" 'SEC. 2. The Congress shall · have power to enforce this article by appropriate legislation.'"

Amend the title so as to read: "Joint resolution prop · proposing an amendment to the Con- · stitution of the United States, relating to the qualifications of electors."

Mr. MANSFIELD obtained the floor.

Mr. RUSSELL. Mr. President, will · the Senator yield?

Mr. MANSFIELD. I yield.

Mr. RUSSELL. Mr. President, I desire to propound a parliamentary inquiry . .

The PRESIDING OFFICER. The THE ALEXANDER Senator will state it.

Mr. RUSSELL. Am I correct in the assumption that a point of order against the amendment may be made at any time prior to the adoption of an amendment in the nature of a substitute?

The PRESIDING OFFICER. The Senator . tor is correct.

Mr. RUSSELL. I merely wish to protect my rights.

Mr. MANSFIELD. Mr. President, for the information of the Senate, I wish to make a few announcements.