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VOTES ON POLITICAL BILLS AND RESOLUTIONS.
To Continue the Bureau for the Relief of Freed- | hands of the Commissioner, not required other
men and Refugees.
wise for the due execution of the law, may be, in the discretion of the Commissioner, applied for the education of freedmen and refugees, subject to the provisions of law applicable thereto.
SEC. 4. That officers of the veteran reserve corps, or of the volunteer service, now on duty in the Freedmen's Bureau as assistant commis sioners, agents, medical officers, or in other capacities, who have been or may be mustered out of service, may be retained by the Commissioner when the same shall be required for the proper execution of the laws, as officers of the bureau, upon such duty and with the same pay, compensation, and all allowances, from the date of their appointment, as now provided by law for their respective grades and duties at the dates of their muster-out and discharge; and such officers so retained shall have, respectively, the same authority and jurisdiction as now conferred upon "officers of the bureau" by act of Congress passed on the 16th of July, 1866.
Be it enacted, &c., That the act entitled "An act to establish a Bureau for the relief of Freedmen and Refugees," approved March 3, 1865, and the act entitled "An act to continue in force and to amend An act to establish a Bureau for the relief of Freedmen and Refugees, and for other purposes," passed on the 16th of July, 1866+ shall continue in force for the term of one year from and after the 16th of July, in the year 1868, excepting so far as the same shall be herein modified. And the Secretary of War is hereby directed to re-establish said bureau where the same has been wholly or in part discontinued: Provided, He shall be satisfied that the personal safety of freedmen shall require it. SEC. 2. That it shall be the duty of the Secretary of War to discontinue the operations of the bureau in any State whenever such State shall be fully restored in its constitutional relations with the Government of the United States, and shall be duly represented in the Congress SEC. 5. That the Commissioner is hereby emof the United States, unless, upon advising with powered to sell for cash, or by instalments with the Commissioner of the bureau and upon full ample security, school buildings and other buildconsideration of the condition of freedmen's ings constructed for refugees and freedmen by affairs in such State, the Secretary of War shall the bureau, to the associations, corporate bodies, be of opinion that the further continuance of or trustees who now use them for purposes of the bureau shall be necessary: Provided, how-education or relief of want, under suitable guarever, That the educational division of said bu-antees that the purposes for which said buildings reau shall not be affected or in any way interfered with, until such State shall have made suitable provision for the education of the children of freedmen within said State.
SEC. 3. That unexpended balances in the
The financial affairs of the burean are as follow, as
$10,780,750 00 total expenditure from this appropriation, from 15th of May, 1865, to January 1, 1868, was as follows: Salaries of assistant and sub-assistant com
509,833 80 78,306 14 196,906 54 143,735 99 1,245,271 76 470,834 37 131,052 54
Transportation of freedmen and refugees.. 115,979 87
Internal revenue (tax withheld on salaries)
Agricultural Bureau (transferred)....
50,000 00 $4,397,854 39
Balance in hands of agents, August 31, 1867.. 645,911 33
were constructed shall be observed: Provided, That all funds derived therefrom shall be returned to the bureau appropriations and accounted for to the Treasury of the United States. IN HOUSE.
1868, March 19-The bill passed-yeas 97, nays 38, as follow:
James M. Ashley, Bailey, Baker, Baldwin, Banks,
Besides this appropriation by Congress, the bureau
Of which, there were expended, for labor,
Leaving a balance on hand, Dec. 31, 1867... $61,601 39 Of this amount of $4,397,854 39 expended, $500,000 were applied, by a resolution of Congress, for the relief of destitute people in the South who were starving by reason of failure of the crops, and $50,000 were transferred to the Agricultural Department for seeds for the South-making $550,000.
With these sums deducted from the expense account of the Bureau, the whole expenditure from appropriations by Congress, for the use of the Bureau from its establishment, amount to $3,847,854 39.
No further appropriation was asked or made for the ensuing fiscal year, and the appropriations previously made of $10,780,750 will carry the Bureau from May, 1865, to July, 1869.
NAYS-Messrs. Buckalew, Doolittle, Fowler, Пender son, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Vickers-11. IN HOUSE.
Koontz, Laflin, William Lawrence, Loan, Logan, | Tipton, Trumbull, Van Winkle, Wade, Willey, Wi-
Resolved by the Senate, (the House of Representatives concurring.) That the thanks of Congress are due, and are hereby tendered, to Hon. Edwin M. Stanton for the great ability, purity, and fidelity to the cause of the country with which he has discharged the duties of Secretary of War, as well amid the open dangers of a great rebellion as at a later period when assailed by the Opposition, inspired by hostility to the measures of justice and pacification provided by Congress for the restoration of a real and permanent peace.
June 1-Mr. Hendricks moved to strike out the latter clause, beginning with the words " well."
Mr. Henderson moved to amend so as to make the resolution read as follows:
That the thanks of Congress are due, and are hereby tendered, to Hon. Edwin M Stanton, for the great ability, purity, and fidelity to the cause of the country with which he discharged the duties of Secretary of War amid the open dangers of a great rebellion.
Which was rejected without a count; also, the amendment offered by Mr. Hendricks.
Mr. Henderson moved to amend by adding to
the resolution these words:
And Congress takes this occasion to tender its thanks to Chief Justice Chase for the great ability, purity, and distinguished learning which have illustrated his position on the bench of the Supreme Court.
Which was disagreed to-yeas 11, nays 30, as
YEAS--Messrs. Buckalew, Doolittle, Fowler, Hender Tennessee, Ross, Vickers-11.
son, Hendricks, Johnson, McCreery, Norton, Patterson of
NATS-Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Edmunds, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Williams, Wilson, Yates
The resolution was then adopted-yeas 37, nays 11, as follow:
June 19-The resolution passed-yeas 102, nays 25, as follow:
YEAS-Messrs. Allison, Ames, Delos R. Ashley, Bailey, Baldwin, Beatty, Benjamin, Benton, Blaine, Blair, Boutwell, Buckland, Butler, Cake, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Delano, Donnelly, Driggs, Eckley, Eggleston, Ela, Eliot, Farnsworth, Ferriss, Fields, Garfield, Gravely, Griswold, Halsey, Harding, Higby, Hill, Hooper, Chester D. Hubbard, Hulburd, Jenckes, Judd, Julian, Kelsey, Ketcham, Kitchen, Koontz, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Maynard, McCarthy, Mo Clurg, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, O'Neill, Orth, Paine, Peters, Pike, Pile, Polsley, Pomeroy, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Shanks, Shellabarger, Smith, Starkweather, Aaron F. Stevens, Stokes, Taffe, Taylor, Twichell, Upson, Van Aernam, Van Wyck, Ward, B. Washburn, Welker, Thomas Williams, William Cadwalader C. Washburn, Henry D. Washburn, William Williams, James F. Wilson, John T. Wilson, Windom, Woodbridge, and Mr. Speaker Colfax-102. Eldridge, Getz, Golladay, Grover, Haight, Holman, Hotch NAYS-Messrs. Archer, Beck, Brooks, Cary, Chanler, kiss, Humphrey, Johnson, Jones, Kerr, Knott, McCormick, Mungen, Niblack, Nicholson, Phelps, Pruyn, Stone, Taber
Quorum of Supreme Court.
1867, December 4-The SENATE passed, with out a division, this bill:
Be it enacted, &c., That any number of the justices of the Supreme Court of the United States, not less than five, and being a majority thereof, shall constitute a quorum.
1868. January 13-The rules were suspended, (yeas 114, nays 38,) and the above bill with an amendment was reported to the House from the Judiciary Committee. The amendment was a new section, to which the proviso was added in the House, the whole being as follows:
SEC. 2. That no cause pending before the Supreme Court of the United States, involving the action or effect of any law of the United States, shall be decided adversely to the validity of such
law without the concurrence of two-thirds of
all the members of said court in the decision upon the several points in which said law or any part thereof may be deemed invalid: Provided, however, That if any circuit or district court of the United States shall adjudge any act of Congress to be unconstitutional or invalid, the judgment, before any further proceedings shall be had upon it, shall be certified up to the Supreme Court of the United States, and shall be considered therein; and if upon the consideration thereof two-thirds of all the members of the Supreme Court shall not affirm said judg ment below, the same shall be declared and held reversed.
Pending this new section,
Mr. Thomas Williams moved to substitute for it these words:
In all cases of writs of error from and appeals to the Supreme Court of the United States, YEAS-Messrs. Anthony, Cameron, Cattell, Chandler, where is drawn in question the validity of a Cole, Conkling, Conness, Cragin, Drake, Edmunds, statute or an authority exercised by the United Ferry, Fessenden, Frelinghuysen, Harlan, Howard, States, or the construction of any clause of the Howe, Morgan, Morrill of Maine, Morrill of Vermont, Constitution of the United States, or the validity Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, of a statute of or an authority exercised under
VOTES ON BILLS AND RESOLUTIONS.
any State on the ground of repugnance to the Harlan, Henderson, Howard, Howe, Morgan, Morrill Constitution or laws of the United States, the of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Stewart, hearing shall be had only before a full bench of Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, the judges of said court, and no judgment shall Willey, Williams, Wilson, Yates-33. NAYS-Messrs. Bayard, Buckalew, Davis, Dixon, Hend be rendered or decision made against the valid-ricks, McCreery, Norton, Patterson of Tennessee, Saule ity of any statute or of any authority exercised by the United States except with the concur rence of all the judges of the said court. Which was disagreed to-yeas 25, nays 124. The yeas were:
Be it enacted, &c., That in the District of Columbia no person shall be excluded from any office by reason of race or color, and so much of all laws making any such discrimination are hereby repealed.
Yeas 25, nays 5, as follow:
YEAS-Messrs. Cattell, Chandler, Cole, Edmunds, Fessenden, Frelinghuysen, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Thayer, Tipton, Wade, Willey, Wilson, Yates-25.
NAYS-Messrs. Bayard, Buckalew, Davis, Hendricks, Johnson-5.
IN HOUSE. July 18-The bill was amended by substituting after the word "that" the following:
The word "white," wherever it occurs in the March 12-The Senate concurred in the House laws relating to the District of Columbia, or in amendment-yeas 32, nays 6, as follow: the charter or ordinances of the city of WashYEAS-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Drake, Edmunds, Ferry, Fes-ington or Georgetown, and operates as a limitasenden, Frelinghuysen, Grimes, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Pomeroy, Ramsey, Ross, Sprague, Stewart, Sumner, Tipton, Trumbull, Van Winkle, Wade, Willey,
NAYS-Messrs. Buckalew, Fowler, Hendricks, McCreery, Norton, Vickers-6.
March 25-The bill was returned with the objections of the President.
March 27-The bill passed the Senate, over the veto-yeas 33, nays 9, as follow:
YEAS-Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Cragin, Edmunds, Ferry, Frelinghuysen,
tion on the right of any elector of said District, or either of said cities, to hold any office, or to be selected and to serve as a juror, be, and the same is hereby, repealed, and it shall be unlawful for any person or officer to enforce or attempt to enforce said limitation after the passage of this act.
And passed-yeas 90, nays 20, as follow:
YEAS-Messrs. Allison, Anderson, James M. Ashley, Baker. Baldwin, Banks, Beaman, Benjamin, Benton, Bingham, Blair, Boutwell. Broomall, Buckland, Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb,
ner, Golladay, Grover, Haight, Holman, Richard D. Hub bard, Humphrey, Johnson, Jones, Kerr, Knott, Mallory, Marshall, Morgan, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Robinson, Ross, Sitgreaves, Taber, Van Auken, Van Trump, Wood, Woodward-39.
Coburn, Cook, Cornell, Covode, Dawes, Dixon, Driggs, | Boyer, Brooks, Burr, Chanler, Eldridge, Getz, Glossbren
July 19-The Senate concurred without division, adding an amendment about juries for 1867, which was also agreed to without division, and likewise concurred in by the House.
The bill was presented to the President the day of the adjournment, and was not acted upon by him before adjournment.
1867, December 5-The same bill again passed the Senate-yeas 32, nays 8, as follow:
YEAS-Messrs. Anthony, Cameron, Cattell, Chandler, Conkling, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Fowler, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, Wade, Willey, Williams, Wilson-32. NAYS-Messrs. Buckalew, Davis, Dixon, Doolittle, Hendricks, Johnson, Norton, Patterson of Tennessee-8.
December 9-The House passed it—yeas 104, nays 39, as follow:
The ten days within which the President was required to act having expired during the Christmas adjournment, the President held that the bill fell, and he neither returned it with his objections, nor proclaimed it a law by reason of non-action. The law of the case is a disputed point, and led to a message from him January 23, 1868, in reply to a resolution of the Senate of January 8.
The Eight-Hour Bill.
1868, January 6-The House passed this bill, without a division:
Be it enacted, &c., That eight hours shall constitute a day's work for all laborers, workmen, and mechanics now employed, or who may be hereafter employed, by or on behalf of the government of the United States; and that all acts and parts of acts inconsistent with this act be, and the same are hereby, repealed.
June 24-The Senate considered it, and Mr. Sherman moved to add a proviso:
"Unless otherwise provided by law, the rate of wages paid by the United States shall be the current rate for the same labor, for the same time, at the place of employment;"
Which was disagreed to-yeas 16, nays 21, as follow:
YEAS-Messrs. Cattell, Corbett, Davis, Edmunds, Ferry, Fessenden, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Ross, Sherman, Sumner, Van Winkle, Williams-16. NAYS-Messrs. Buckalew, Cole, Conkling, Conness, Cragin, Dixon, Doolittle, Harlan, Hendricks, Johnson, MoDonald, McCreery, Morton, Nye, Patterson of Tennes see, Pomeroy, Ramsey, Stewart, Tipton, Wade, Wilson -21.
YEAS-Messrs. Allison, Ames, Arnell, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Benjamin, Benton, Bingham, Blaine, Boutwell, Bromwell, Broomall, Buckland, Butler, Churchill, Reader W. Clarke, Cobb, Coburn, Cook, Cullom, Dawes, Dixon, Dodge, Donnelly, Driggs, Eckley, Eggleston, Ela, Eliot, Farnsworth, Ferriss, Ferry, Fields, Garfield, Halsey, Hamilton, Harding, Hawkins, Hooper, Hopkins, Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Koontz, Laflin, William Lawrence, Lincoln, Logan, Loughridge, Lynch, Maynard, McClurg, Mercur, Moorhead, Mullins, Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Plants, Poland, Polsley, Price, Robertson, Sawyer, Schenck, Shanks, Smith, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stewart, Stokes, Thomas Trimble, Trowbridge, Upson, Van Aernam, Robert T. Van Horn, Cadwalader C. Washburn, Henry D. Washburn, William B. Washburn, Welker, Thomas Williams,-26. William Williams, James F. Wilson, John T. Wilson, Windom-104.
NAYS Messrs. Adams, Archer, Axtell, Barnes, Beck,
The bill then passed-yeas 26, nays 11, as follow:
YEAS-Messrs. Buckalew. Chandler, Cole, Conness, Cragin, Dixon, Doolittle, Fowler, Harlan, Hendricks, Howard, McCreery, McDonald, Morton, Nye, Patterson of New Hampshire, Patterson of Tennessee, Ramsey, Ross, Stewart, Thayer, Tipton, Wade, Williams, Wilson, Yates,
NAYS-Messrs. Corbett, Davis, Edmunds, Ferry, Fessenden, Morgan, Morrill of Vermont, Pomeroy, Sherman, Sumner, Van Winkle-11.
GENERAL POLITICAL MISCELLANY.
Votes of State Legislatures on the Fourteenth
In Political Manual for 1867, p. 68, and in the combined Manual, p. 194, is given the action of the States up to April, 1867. The record then stood:
RATIFYING STATES-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, West Virginia, Ohio, Tennessee, Indiana, Illinois, Michigan, Missouri, Minnesota, Kansas, Wisconsin, Oregon, Nevada-21.
REJECTING STATES-Delaware, Maryland, and Kentucky-3. Besides the ten insurrectionary States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama,* Mississippi,
President Johnson's telegram to ex-Provisional Governor Parsons, of Alabama, on the ratification of the Fourteenth Amendment:
EX-GOVERNOR PARSONS'S TELEGRAM. MONTGOMERY, ALABAMA January 17. 1867. Legislature in session. Efforts making to reconsider vote on constitutional amendment. Re
Louisiana, Texas, Arkansas, as reorganized un- | passed the Senate February 19, 1868, and the
NOT ACTED-Iowa, California, Nebraska—3.
Subsequent Action of State Legislatures. Since that date, Iowa and Nebraska ratified the amendment and California rejected it, thus increasing the ratifying States to 23, and the rejecting to 4, excluding the insurrectionary States, or 14 with them.
The Legislatures of Ohio and New Jersey of 1868 passed resolutions for the withdrawal of their previous ratification.
In Ohio the vote on withdrawing, January 13, 1868, was as follow:
In Senate-yeas 19, nays 17, as follow: YAS-Messrs. Berry, Campbell, Carter, Dickey, Dowdney, Emmitt, Evans, Godfrey, Golden, Hutcheson, Jami son, Kenney, Lawrence, Linn, May, Rex, Scribner, Stambaugh, Winner-19.
NAYS-Messrs. Biggs, Brooks, Burrows, Conant, Corey, Everett, Griswold, Hall, Jones, Keifer, Kessler, Kraner, Potts, Simmons, Torrence, Woodworth, Yeoas follow:
In House-yeas 56, nays 46, YEAS-Messrs. Acker, Baker, Ball, Belville, Boehmer, Branch, Buell, Callen, Cockerill, Cusac, Denman, Dilworth, Dungan, Fielding, Finley, Fitch, Gaston, Gerhart, Gordon, Headley, Henricks, Hill of Defiance, Hord, Hughes of Butler, Hughes of Highland, Jewett, Jones, Kemp, Kennon, Larwill, Lawson, Leete, Mann, McMarrell, Moffett, Neal, Newman, Nichol, Parks, Purr, Pennisten, Read, Rishardson, Robinson, Ross, Rutter, Shaw, Stickney, Swaim, Swetland, Thompson of Stark, Thornhill, Walling, Wilson, Worth, Mr. Speaker Follett-56.
NAYS-Messrs. Anderson, Betts, Borden, Bronson, Brooke, Canfield, Cannon, Carpenter, Coleman, Dennis, Dickson, Dunn, Eames, Gallup, Hare, Hill of Erie, Hill of Fulton, Howard, Johuson, Kain, Kennett, Kerr of Fayette, Kerr of Jefferson, Lawrence, Lee, Lewton, McMorran, Moore, Parker, Pond, Ritezell, Rough, Rukenbrod, Saylor, Scott of Hamilton, Scott of War ren, Sherwin, Sinclair, Sisler, Skaats, Thompson of Columbiana, Ullery, Warnking, Warren, Welsh, Wolf -46.
In New Jersey, the resolution of withdrawal
The resolution was repassed over the Governor's veto, in the Senate, March 5-yeas 11, nays 9, as follow:
YEAS-Messrs. Anderson, Bowne, Dater, Edsall, Gaskill
Hopper, Little, (President,) Rice, Robins, Wildrick, Win
NAYS-Messrs. Bettle, Blackman, Clark, Cobb, Hays, Horner, Plummer, Richey, Warwick-9.
The vote on passing in the House, March 25, was yeas 45, nays 13, as follow:
YEAS-Messrs. Albertson, Allen, J. L. Baldwin, Bergen,
Brown, Christie, H. C. Clark, H. F. Clark, Coghlan, Col lins, Corlies, Corson, Cox, Duryer, Evans, (Speaker,) Ful mer, Givens. Hedden, Hendrickson, Henry, Hering, Hood, Hough, Huff, Hunt, Jones, Lanning, Lippincott, Magona gle, Maxwell, Molony, Pearce, Pickel, Price, Probasco, Rosenbaum, Sharp, Smith, Strong, Taylor, Van Vorst, Vliet, Westcott, Whelan, Wills-45. (One Democrat absent.)
NAYS-Messrs. Atwater, J. R. Baldwin, Cowperthwaite, Gage, Keim, Kennedy, Lord, Mackin, Nixon, Peck, Reeves, Speer, Van Voorhies-13. (One Republican absent.)
Of the Insurrectionary Statos, Arkansas ratified the amendment, April 6, Senate, yeas 23, nays 0; and, April 3, House, yeas 56, nays 0.
Florida ratified the amendment, June 9, in Senate, yeas 10, nays 3; and in House of Representatives, yeas 25, nays 14.
North Carolina ratified it, July 1, in the Senate 36 to 2, in the House 72 to 23.
With the ratification by the Legislatures of the remaining States whose restoration to representation is dependent upon that condition, as set forth in the act of June 25, 1868, the requisite three-fourths of the thirty-seven States will be secured, even conceding the right of Ohio and New Jersey to withdraw.
port from Washington says it is probable an Votes on Constitutional Amendments in the enabling act will pass. We do not know what to believe. I find nothing here.
LEWIS E. PARSONS.
His Excellency ANDREW JOHNSON, President.
REPLY OF THE PRESIDENT.
UNITED STATES MILITARY TELEGRAPH,
WASHINGTON, D. C., January 17, 1867. What possible good can be obtained by reconsidering the constitutional amendment? I know of none in the present posture of affairs; and I do not believe the people of the whole country will sustain any set of individuals in attempts to change the whole character of our Government by enabling acts or otherwise. I believe, on the contrary, that they will eventually uphold all who have the patriotism and courage to stand by the Constitution, and who place their confidence in the people. There should be no faltering on the part of those who are honest in their determination to sustain the several co-ordinate departments of the Government, in accordance with its original design.
Hon. LEWIS E. PARSONS,