in granted are upon the following conditions,
namely: all the lands herein or heretofore granted
to said railroad company shall be sold to actual
settlers only, and in quantities not greater than
one hundred and sixty acres to any one person,
and for a price not exceeding $2 50 per acre: And
provided further, That no mortgage that may be
given by said railroad company shall operate to
prevent the sale to actual settlers only, upon the
terms and conditions herein provided, of all the
lands herein or heretofore granted by the United
States to said railroad company, and any viola-
tion of this condition shall work a forfeiture of
all the lands herein or heretofore granted by the
United States to said railroad company.
Which was disagreed to-yeas 78, nays 106, as
follow:

YEAS-Messrs. Adams, Ambler, Arnell, Asper, Ayer,
Beatty, Biggs, Bird, James Brooks, Buffinton, Burchard,
Sidney Clark, Cleveland, Amasa Cobb, Coburn, Cook,
Cowles, Cox, Crebs, Cullom, Degener, Dickinson, Donley,
Duval, Dyer, Ela, Eldridge, Farnsworth, Finkelnburg,
Haight, Haldeman, Hawkins, Hawley, Hay, Hays, Heflin,
Ingersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall,
McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore,
Jesse H. Moore, William Moore, Morgan, Packard, Pack-
er, Paine, Pomeroy, Potter, Randall, Reeves, Rice, Rogers,
Sargent, Shanks, Slocum, John A. Smith, William Smyth,
Stevenson, Stiles, Tyner, Upson, Ward, Cadwalader C.
Washburn, Willard, Williams, John T. Wilson, Winans,
Witcher, Woodward-78.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Artell, Bailey, Banks, Barnum, Barry, Beaman, Bennett, Benton, Bingham, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Cessna, Churchill, William T. Clark, Clinton L. Cobb, Conger, Cimner, Covode, Dawes, Dickey, Dixon, Dockery, Dor, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Gibson, Hale, Hamill, Hamilton, Harris, Hoar, Hooper. Hotchkiss, Johnson, Alexander H. Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, McKee, McKenzie, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Roots, Sawyer, Schenck, Schu maker, Lionel A. Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Tillman, Trimble, Twichell, Van Auken, William B. Washburn, Welker, Wheeler, Whitmore, Wilkinson, Eugene

M. Wilson-106.

Mr. Sargent moved to strike out the proviso inserted in the Senate on motion of Mr. Scott, and to insert as follows:

main subject to the right of purchase by actual settlers at a price not exceeding $2 50 per acre, and in amounts not exceeding one quarter section by any one person, under such rules and regulations as the Secretary of the Interior may prescribe to carry this provision into effect.

Which was disagreed to-yeas 73, nays 104, as follow:

YEAS-Messrs. Ambler, Arnell, Asper, Ayer, Beatty,

Beck, Bird, James Brooks, Buffinton, Burchard, Sidney
Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cowles,
Cor, Crebs, Cullom, Degener, Dickinson, Donley, Duval,
Dyer, Ela, Eldridge, Farnsworth, Finkelnburg, Halde
man, Hawley, Hay, Hays, Heflin, Ingersoll, Johnson,
Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary,
McGrew, McNeely, Mercur, Eliakim H. Moore, William
Moore, Morgan, Morphis, Packard, Paine, Potter, Ran-
dall, Rice, Rogers, Sargent, Shanks, Slocum, John A.
Smith, William J. Smith, Stevenson, Stiles, Tyner,
Upson, Van Wyck, Ward, Cadwalader C. Washburn,
Willard, Williams, John T. Wilson, Winans, Witcher,
Woodward-73.

NAYS-Messrs. Allison, Ames, Archer, Armstrong,
Atwood, Artell, Bailey, Banks, Barnum, Barry, Bea-
man, Bennett, Benton, Bingham, Blair, Booker, Bowen,
Boyd, George M. Brooks, Buckley, Burdett, Roderick
R. Butler, Cake, Calkin, Cessna, Churchill, William T.
Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes,
Dickey, Dixon, Dockery, Dor, Ferriss, Ferry, Fitch,
Fox, Garfield, Getz, Gibson, Hamill, Hamilton, Harris,
Hoar, Hooper, Hotchkiss, Alexander H. Jones, Kelley,
Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Lo-
gan, Lynch, Maynard, McCarthy, McKee, McKenzie,
Daniel J. Morrell, Morrissey, Myers, Negley, Newsham,
O'Neill, Packer, Peck, Perce, Peters, Phelps, Poland,
Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker,
Lionel A Sheldon, Sherrod, Joseph S. Smith, Worthington
C. Smith, William Smyth, Starkweather, Stone, Stough-
ton, Strickland, Strong, Taffe, Tanner, Taylor, Tillman,
Trimble, Twichell, Van Auken, William B. Washburn,
Welker, Wheeler, Whitmore, Wilkinson, Eugene M.
Wilson-104.

May 26-Mr. Welker moved to amend, by adding to the first section the following:

Provided further, That as to all new grants herein of additional lands, such lands, excepting pine and fir timber lands and mineral lands, shall be sold by said company to actual settlers at a price not exceeding $2 50 per acre, and in quantities not exceeding one hundred and sixty acres to any one person, under such regulations as may be prescribed by the Secretary of the Interior.

Which was disagreed to-ayes 87, nays 95, as follow:

YEAS-Messrs. Ambler, Arnell, Asper, Beatty, Beck, Biggs, Bingham, Bird, James Brooks, Buffinton, Burchard, Benjamin F. Butler, Cessna, Sidney Clarke, Cleve land, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickey, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Ferry, Finkelnburg, Getz, Griswold, Haight, Haldeman, Hawley, Ilay, Hays, Heflin, Holman, Ingersoll, Johnson, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morphis, Niblack, Orth, Packard, Packer, Paine, Potter. Randall, Reeves, Rice, Ridgway, Sargent, Shanks, John A. Smith, William Smyth, Stevens, Stevenson, Stiles, Strong, Townsend, Tyner, Upson, Van Wyck, Voorhees, Ward, Welker, Willard, Williams, John T. Wilson, Winans, Witcher,

Provided, That all lands granted to said company shall be subject to settlement and pre-emption like other lands, at a price to be paid to said company, not exceeding $2 50 per acre; and if the mortgage hereby authorized shall at any time be enforced by foreclosure or other legal proceeding, or the mortgage lands hereby granted, or any of them, be sold by the trustees to whom such mortgage may be executed, either at its maturity or for any failure or default of said company under the terms thereof, such lands shall be sold at public sale at places within the States and Territories in which they shall be situate, after not less than sixty days' previous notice, in single sections or subdivisions thereof, wood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, to the highest and best bidder; and the pur- Bennett, Benton, Blair, Boles, Booker, Boyd, George chasers at said sale, except actual settlers on not Cake, Calkin, Churchill, William T. Clark, Clinton L. M. Brooks, Buckley, Burdett, Roderick R. Butler, greater subdivisions than one hundred and sixty Cobb. Conger, Conner, Covode, Cowles, Dawes, Dixon, acres, shall acquire no higher interest in said Doz, Ferriss, Fitch, Fox, Garfield, Hale, Hamill, Hamillands than is by this act granted to said com-Jones, Kelley, Kellogg, Kelsey, Ketcham, Knapp, ton, Harris, Hoar, Hooper, Hotchkiss, Alexander H. pany; and as to all lands purchased under any Laflin, Lash, Logan, Lynch, Mayham, Maynard, Me arsuch sale by any corporation or by other persons, thy, McKee, McKenzie, Daniel J. Morrell, Samuel P. greater in quantity than one quarter section for Morrill, Morrissey, Myers. Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Prosser, Roots, any one person, all such lands shall be and re- Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter

Woodward-87.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, At

Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith,
Starkweather, Stokes, Stoughton, Strickland, Taffe,
Tanner, Tillman, Twichell, Van Auken, William B.
Washburn, Wheeler, Whitmore, Wilkinson, Eugene M.

Wilson-95.

Mr. Randall moved to insert, after the words "Secretary of the Interior," in line eleven, the following:

Provided, That nothing in this act shall be construed as a guaranty by the United States of the bonds issued by said company or its agents, or of any bonds authorized or permitted by this

act.

Which was disagreed to-yeas 89, nays 92, as follow :

upon direct the proper district land officers to give public notice to all actual settlers under the provisions of this act residing on the granted lands opposite to and conterminous with said completed section, to make proof and payment to the district land officers for their claims within three months from the date of said notice; and the registers and receivers shall report the sale of said lands monthly, as in the sales of public lands; and the amount received shall be placed by the receivers to the credit of the railroad company, in such depository as they may designate: Provided, That if any settler shall fail to make proof and pay for his claim within the time herein specified, his right thereto shall become forfeited, YEAS-Messrs. Adams, Ambler, Archer, Arnell, Asper, and the land shall be patented to the said comBeatty, Biggs, Bird, James Brooks, Buffinton, Burchard, Benjamin F. Butler, Cessna, Sidney Clarke, Cleveland, pany: And provided further, That patents shall Amasa Cobb, Coburn, Cook, Cowles, Cor, Crebs, Cullom, issue to said company for all lands which shall Dawes, Dickey, Dickinson, Donley, Duval, Dyer, Ela, El- remain unsold after the expiration of three months dridge, Farnsworth, Finkelnburg, Getz, Griswold, Haight, from the date of completion of each section of Haldeman, Hale, Hamill, Hamilton, Hawley, Hay, Hays, Heflin, Hill, Holman, Ingersoll, Judd, Kerr, Knott, Law said road: And provided also, That the railroad rence, Lewis, Marshall, McCrary, McGrew, McKenzie, company may, at any time, sell, convey by deed, McNeely, Mercur, Eliakim H. Moore, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Packer, Paine, mortgage, or deed of trust, all of said land, to Randall, Reeves, Rice, Ridgway, Sargent, Shanks, John persons or corporations, and not actual settlers, A. Smith, Stevens, Stevenson, Stiles, Swann, Tillman, and at such prices and on such terms as the parTyner, Upson, Van Wyck, Voorhees, Ward, Welker, Wil-ties may agree upon: Provided, That when so lard, Williams, John T. Wilson, Winans, Witcher, sold or conveyed the said lands in the hands of the purchaser, mortgagee, or trustee, or other grantees, shall be subject to sale to actual settlers within the time limited as aforesaid, and on the same terms as though the said deed, mortgage, or deed of trust had never been made: Provided, That if said road is not completed within ten years from the date of the acceptance of the grant herein made, the lands remaining along the uncompleted portions of the road shall revert to the Government and be open to pre-emption and homestead entry after due public notice by the district land officers, under instructions from the Secretary of the Interior, as provided in the case of public lands.

Woodward-89.

NAYS-Messrs. Allison, Armstrong, Atwood, Axtell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Harris, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Maynard, McCarthy, McKee, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Joseph S. Smith, Worthington C. Smith, William Smyth, Stark wether, Stokes, Stone, Stoughton, Strickland, Taffe, Tanner, Taylor, Townsend, Trimble, Twichell, Van Auken, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wil

son-92.

Mr. Sidney Clarke moved to amend, by adding the following additional section: SEC.

Which was disagreed to-yeas 68, nays 117, as follow:

YEAS-Messrs. Ambler, Arnell, Asper. Beatty, Biggs, Bird, Buffinton. Burchard, Cessna. Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Coz, Crebs. Cullom, Dickinson, Donley, Duval, Dyer, Ela, Eldridge, Farnsworth, Griswold, Haight, Haldeman, Hawkins, Hawley, Hay, Heflin, Holman, Ingersoll, Johnson, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, MoGrew, McNeely, Eliakim H. Moore, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Potter, Randall, Reeves, Rice, Ridgway, Rogers, Sargent, Shanks, John A. Smith, Stevenson, Stiles, Tyner, Upson, Van Wyck, Ward, Williams, John T. Wilson, Winans, Witcher,

Woodward-68.

That the lands granted by this act and all previous acts to said company shall inure to the benefit of said company, its assigns and successors, in the manner following, that is to say: that all the lands shall be immediatley open to settlement, and shall be sold to actual settlers only, who shall be entitled to receive patents therefor in contiguous parcels not exceeding a quantity equal to one quarter section to any one person, and at the price of $2 50 per acre, under such rules and regulations as may be prescribed NAYS-Messrs. Allison. Ames, Archer, Armstrong, by the Secretary of the Interior, in accordance Atwood, Artell, Ayer, Bailey, Banks, Barmum, Barry, with the provisions of this act: Provided, how- Bennett, Benton, Bingham, Blair. Boles, Booker, ever, That such persons shall be citizens of the Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Churchill, William United States, or shall have declared their inten- T. Clark, Clinton L. Cobb, Conger, Conner, Covode, tion to become such, before they shall be entitled Cowles, Dawes, Degener, Dickey, Dixon, Dockery, to become actual settlers under the provisions of Dor, Ferriss, Ferry, Finkelnburg, Fitch, For, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hour, this act: And provided further, That when the Hooper, Hotchkiss, Kelley, Kellogg, Kelsey, Ketcham, company shall file with the Secretary of the In- Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, terior the certificate of the Governor of the State McCarthy, McKee, McKenzie, Mercur, Morphis, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, or Territory in which said road is located that Newsham, O'Neill, Packer, Paine, Peck, Perce, Peters, any twenty consecutive miles of said road have Phelps, Poland, Pomeroy, Prosser, Rocts, Sawyer, been completed in a good, substantial, and work-Schenck, Schumaker, Lionel A. Sheldon, Porter Shel don, Sherrod, Shober, Joseph S. Smith, Worthington C manlike manner, together with a map designat-Smith, William Smyth, Starkweather, Stokes, Stone, ing by the public surveys the line of such com-Stoughton, Strickland, Strong, Swann, Taffe, Tanner, pleted portion, and the points of beginning and Taylor, Tillman. Townsend, Trimble, Twichell, Fan Auken, William B. Washburn, Welker, Wheeler, Whit ending, the Secretary of the Interior shall there- more, Wilkinson, Eugene M. Wilson-117.

Mr. Ela moved to add at the end of section | thington C. Smith, William Smyth, Starkweather, one the following:

And provided further, That any railroad now authorized or which hereafter may be authorized to be built by competent State or national authority, whose line of road does or shall intersect the line of the said Northern Pacific Railroad Company, shall have the right of way to the extent of two hundred feet in width, with necessary grounds for depot purposes, over and across the lands of such company, now or heretofore granted to said Northern Pacific Railroad Company by act of Congress, free of any charge whatever. Which was disagreed to-yeas 69, nays 112, as follow:

Stokes, Stone, Stoughton, Strickland, Tanner, Taylor, Townsend, Trimble. Twichell, Van Auken, Wheeler, Wilkinson, Eugene M. Wilson—95.

Mr. Lawrence further moved to amend by adding the following:

And the United States shall have the right, at all times, to take possession of and own the road of said company, and all its appurtenances, on paying the actual and legitimate cost thereof, exclusive of the value of the lands granted to said company and the proceeds thereof.

Which was disagreed to-yeas 52, nays 115, as follow:

YEAS-Messrs. Ambler, Arnell, Asper, Beatty, James Brooks, Buffinton, Burchard, Cessna, Sidney Clarke, YEAS-Messrs. Ambler, Arnell, Asper, Beatty, Beck, Dyer, Ela, Farnsworth, Finkelnburg, Haldeman, HawCoburn, Cook, Cox, Crebs, Cullom, Dickinson, Duval, Bird, James Brooks, Buffinton, Burchard, Cessna, Sid- ley, Hay, Heflin, Holman, Ingersoll, Knott, Lawrence, ney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Lewis, Marshall, McGrew, McNeely, Eliakim H. Moore, Crebs, Cullom, Dickinson, Donley, Duval. Dyer, Ela, William Moore, Morphis, Orth, Packard. Packer, Potter, Eldridge, Farnsworth, Finkelnburg, Griswold, Haight, Randall, Reeves, Rice, Sargent, Shanks, William J. Smith, Haldeman, Hawkins, Hawley, Hay, Heflin, Holman, In-Stiles, Tyner, Van Wyck, Williams, Winans, Witcher, gersoll, Judd, Kerr, Knott, Lawrence, Lewis, Marshall, McCrary, McGrew, McKee, McNeely, Jesse H. Moore, William Moore, Morgan, Orth, Packard, Potter, Randall, Reeves, Rice, Sargent, Shanks, John A. Smith, William J. Smith. Stevens, Stevenson, Stiles, Tyner, Upson, Van Wyck, Williams, John T. Wilson, Winans, Witcher, Woodward-69.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Artell, Ayer, Bailey, Banks, Barnum, Barry, Bennett, Benton, Bingham, Blair, Boles, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Culkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Cowles, Dawes, Degener, Dixon, Dockery, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley. Kellogg, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Mayham, Maynard, McCarthy, McKenzie, Mercur, Daniel J. Morrill, Morrissey, Myers, Negley, Newsham, Packer, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Prosser, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, Voorhees, Ward, William B. Washburn, Wheeler, Whitmore, Wilkinson,

Eugene M. Wilson-112.

SEC.-. That said railroad company shall make reports annually, or oftener, if required by the Secretary of the Interior, of its condition and transactions, and containing all such information as said Secretary may require, and in such form and verified in such manner as he may require. Which was disagreed to-yeas 62, nays 95, as follow:

YEAS-Messrs. Ambler, Archer, Asper, Beatty, Beck, Bird, James Brooks, Buffinton, Burchard, Cessna, Sidney Clarke, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickinson, Donley, Duval, Dyer, Farnsworth, Finkelnburg, Getz, Haldeman, Hawley, Hay, Heflin, Holman, Kerr, Knott, Lawrence, Lewis, Marshall, McGrew, McNeely, Mercur, Jesse H. Moore, William Moore, Morgan, Orth, Packard. Packer, Potter, Randall, Reeves, Rice, Ridgway, Rogers, Sargent, Shanks, Stevenson, Stiles, Tyner, Van Wyck, Voorhees, Ward, Williams, John T. Wilson, Winans, Witcher, Woodward-62.

Woodward-52.

NAYS-Messrs. Allison, Ames, Archer, Armstrong, Atwood, Axtell, Ayer, Bailey, Barnum, Barry, Beck, Bennett, Benton, Biggs, Bingham, Bird, Blair, Booker, Bowen, Boyd. George M. Brooks, Buckley, Burdett, Benjamin F. Butler, Roderick R. Butler, Cake, Calkin, Covode, Cowles, Davis, Dawes, Dixon, Dockery, Donley, Churchill, Cleveland, Clinton L. Cobb, Conger, Conner, Dox, Ferriss, Ferry, Fitch, Garfield, Getz, Hale, Hamill, Hamilton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kellogg, Kelsey, Kerr, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCar thy, McKee, McKenzie, Mercur, Daniel J. Morrell, Samuel P. Morrill, Morrissey, Myers, Negley, Newsham, O'Neill, Paine, Peck, Perce, Phelps, Poland, Pomeroy, Prosser, Roots. Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, John A. Smith, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Strickland, Strong, Taffe, Tanner, Taylor, Townsend, Trimble, Twichell, Upson, Van Auken, Voorhees, Ward, William B. Washburn, Wheeler, Wilkinson, Eugene M. Wilson-115.

Mr. Coburn moved to insert after the word "point," in line sixteen, these words: "not exceeding three hundred miles east of the western terminus," so as to provide that the branch shall not be over three hundred miles in length.

Which was disagreed to-yeas 68, nays 99, as follow:

YEAS-Messrs. Allison, Ambler, Arnell, Asper, Beatty, Bingham, Bird, James Brooks, Buffinton, Cessna, Sidney Clarke, Cleveland, Amasa Cobb, Coburn, Cook, Cox, Crebs, Cullom, Dickinson, Donley, Duval, Dyer, Ela, Haldeman, Hawley, Hay, Heflin, Holman, Ingersoll, Eldridge, Farnsworth, Finkelnburg, Griswold, Haight, Judd, Knott, Lawrence, Lewis, Marshall, McCrary, McPackard, Packer, Paine, Potter, Randall, Reeves. Rice, Grew, McNeely, Mercur, William Moore, Morgan, Orth, Ridgway, Sargent, Shanks, John A. Smith, William J. Smith, Stevenson, Stiles Tyner, Upson, Van Wyck, Voorhees, Ward, Williams, Winans, Witcher-68.

NAYS-Messrs. Ames, Archer, Armstrong, Axtell, Ayer, Bailey, Barnum, Barry, Bennett, Benton, Blair, Booker, Bowen, Boyd, George M. Brooks, Buckley, Burdett, Roderick R. Butler, Cake, Calkin, Churchill, William T. Clark, Clinton L. Cobb, Conger, Conner, Covode, Dawes, Degener, Dixon, Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Getz, Hamill, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson, Kelley, Kelsey, Ketcham, Knapp, Laflin, Lash, Logan, Lynch, Maynard, McCarthy, McKee, McKenzie, Morphis, Daniel J. Morrell, Morrissey, Myers, Negley, Newsham, O'Neill, Peck, Perce, Peters, Phelps, Poland, Pomeroy, Rogers, Roots, Sawyer, Schenck, Schumaker, Lionel A. Sheldon, Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Worthington C. Smith, William Smyth, Starkweather, Stokes, Stone, Stoughton, Swann, Taffe, Tanner, Taylor, Tillman, Townsend, Trimble, Twichell, Van Auken, William B. Washburn, Wheeler, Whitmore, Wilkinson, Eugene M. Wilson, Woodward-99.

NAYS-Messrs. Allison, Armstrong, Atwood, Axtell,
Ayer, Bailey, Barnum, Barry, Bennett, Benton, Bing-
dam, Blair, Booker, Bowen, Boyd, George M. Brooks,
Buckley, Burdett, Benjamin F. Butler, Roderick R.
Butler, Cake, Culkin, Churchill, William T. Clark, Con-
ger, Conner, Covode, Cowles, Degener, Dixon, Dockery,
Dox, Ferriss, Ferry, Fitch, Fox, Garfield, Hale, Hamil
ton, Harris, Hays, Hoar, Hooper, Hotchkiss, Johnson,
Kelley, Kellogg, Kelsey, Ketcham, Knapp, Laflin,
Lash, Logan, Lynch, Mayham, Maynard, McCarthy,
McKee, McKenzie, Morphis, Daniel J. Morrell, Morrissey,
Myers, Negley, Newsham, O'Neill, Paine, Peck, Peters, ing out the words, "and to secure the same by
Mr. Coburn further moved to amend, by strik-
Phelps, Poland, Pomeroy, Roots, Sawyer, Schumaker,
Porter Sheldon, Sherrod, Shober, Joseph S. Smith, Wor-mortgage on its property and rights of property

E

Resolved, That in the judgment of this House And be it further provided, That the grants of the policy of granting subsidies in public lands lands herein stipulated to said company are made to railroad and other corporations ought to be upon the express condition that the Congress of discontinued; and that every consideration of the United States reserves the right to regulate public policy and equal justice to the whole peoand limit the rates of freight and fare of passen-ple requires that the public lands of the United gers on said road, whenever, in the opinion of Congress, the same shall become necessary to protect commerce among the several States. Which was disagreed to-yeas 72, nays 94, as follow:

LV.

THE RESTORATION OF VIRGINIA, MISSISSIPPI, AND TEXAS.

AN ACT to admit the State of Virginia to Representation in the Congress of the United States. Whereas the people of Virginia have framed and adopted a constitution of State government which is republican; and whereas the Legislature of Virginia elected under said constitution have ratified the XIVth and XVth amendments to the Constitution of the United States; and whereas the performance of these several acts in good faith was a condition precedent to the representation of the State in Congress: Therefore,

do solemnly swear that I have never taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and Be it enacted, &c., That the said State of Vir-afterward engaged in insurrection or rebellion ginia is entitled to representation in the Congress | against the same, or given aid or comfort to the of the United States: Provided, That before any enemies thereof: so help me God;" or such permember of the Legislature of said State shall son shall in like manner take, subscribe, and file

the following oath: "I,

do solemnly swear that I have by act of Congress of the United States been relieved from the disabilities imposed upon me by the XIVth Amendment of the Constitution of the United States: so help me God;" which oaths shall be taken before and certified by any officer lawfully authorized to administer oaths. And any person who shall knowingly swear falsely in taking either of such oaths shall be deemed guilty of perjury, and shall be punished therefor by imprisonment not less than one year and not more than ten years, and shall be fined not less than $1,000 and not more than $10,000. And in all trials for any violation of this act the certificate of the taking of either of said oaths, with proof of the signature of the party accused, shall be taken and held as conclusive evidence that such oath was

Burchard, Burdett, Benjamin F. Butler, Roderick R.
Butler, Cake, Cessna, Clarke, Amasa Cobb, Clinton L.
Cobb, Coburn, Cook, Conger, Cowles, Cullom, Davis,
Dawes, Dixon, Donley, Duval, Dyer, Ela, Farnsworth,
Ferriss, Ferry, Finkelnburg, Fisher, Fitch, Garfield,
Hill, Hoar. Sol. L. Hoge, Hooper, Ingersoll, Jenckes,
Gilfillan, Hale, Hamilton, Hawley, Hay, Heaton, Heflin,
Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham,
Knapp, Laflin, Lash, Lawrence, Logan, Loughridge,
kim H. Moore, Jesse H. Moore, William Moore, Daniel
Lynch, Maynard, McCarthy, McCrary, McGrew, Elia-
J. Morrell, Samuel P. Morrill, Myers, Negley, O'Neill,
Orth, Packard, Paine, Palmer, Peters, Phelps, Poland,
Schenck, Scofield, Shanks, Lionel A. Sheldon, Porter
Pomeroy, Prosser, Roots, Sanford, Sargent, Sawyer,
Sheldon, John A. Smith, William J. Smith, Worthing-
ton C. Smith, William Smyth, Starkweather, Stevens,
Tanner, Tilkman, Townsend, Twichell, Tyner, Upson,
Stevenson, Stokes, Stoughton, Strickland. Strong. Taffe,
Van Horn, Ward, Cadwalader C. Washburn, William
B. Washburn Welker, Wheeler, B. F. Whittemore, Wil-
kinson, Willard, Williams, John T. Wilson, Winans-

136.

NAYS-Messrs. Adams, Archer, Axtell, Beck, Bird, James
Brooks, Burr, Calkin, Cleveland, Cox, Crebs, Deweese,

Dickinson, Dox, Eldridge, Getz, Golladay, Greene, Gris-
wold, Haldeman, Hambleton, Hamill, Hawkins, Holman,
Johnson, Thomas L. Jones, Kerr, Knott, Marshall, May-
ham, McCormick, McNeely, Morgan, Mungen, Niblack,
Slocum, Joseph S. Smith, Stiles, Stone, Strader. Swann,
Potter, Randall, Reeves, Rice, Rogers, Schumaker, Sherrod,
Sweeney, Trimble, Van Auken, Van Trump, Voorhees,
Wells, Eugene M. Wilson, Winchester, Wood, Woodward-

58.

Previous Votes.

IN HOUSE.

1870, January 11-Mr. Farnsworth, from the Committee on Reconstruction, reported the following bill, to admit the State of Virginia to representation in the Congress of the United

States:

regularly and lawfully administered by competent authority: And provided further, That every such person who shall neglect for the period of thirty days next after the passage of this act to take, subscribe, and file such oath as aforesaid, shall be deemed and taken, to all intents and purposes, to have vacated his office: And provided further, That the State of Virginia is admitted to representation in Congress as one of the States of the Union upon the following fundamental conditions: First, That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, Whereas the people of Virginia have adopted whereof they shall have been duly convicted a constitution republican in form, and by its prounder laws equally applicable to all the inhabit-visions assuring the equality of right in all citiants of said State: Provided, That any altera-zens of the United States before the law; and tion of said constitution, prospective in its effects, whereas the Congress of the United States have may be made in regard to the time and place of residence of voters. Second, That it shall never be lawful for the said State to deprive any citizen of the United States, on account of his race, color, or previous condition of servitude, of the right to hold office under the constitution and laws of said State, or upon any such ground to require of him any other qualifications for office than such as are required of all other citizens. Third, That the constitution of Virginia shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the school rights and privileges secured by the constitution of said State.

Approved, January 26, 1870.

The final votes on this act were as follow:

received assurances and are assured that the people of Virginia, and especially those heretofore in insurrection against the United States, have renounced all claims of any right of secession in a State, and that they are now welldisposed to the Government of the United States, and will support and defend the Constitution thereof, and will carry out in letter and spirit the provisions and requirements of the constitution submitted under the reconstruction acts of Congress, and ratified by the people of Virginia; Therefore,

Be it enacted, &c., That the State of Virginia is entitled to representation in Congress as a State of the Union, under the constitution ratified on the 6th day of July, 1869, upon the following IN SENATE, January 24, 1870. fundamental conditions: First. That no persons YEAS-Messrs. Abbott, Anthony, Boreman, Brown- shall hold any office, civil or military, in said low, Buckingham, Carpenter, Chandler, Cole, Conkling, State, who shall not have taken and subscribed Corbett, Cragin, Drake, Edmunds, Fenton, Ferry, Gil- one of the following oaths or affirmations, viz: bert, Hamlin, Harlan, Harris, Howard, Howe, Kellogg, "I do solemnly swear (or affirm) that I have McDonald, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, never taken an oath as a member of Congress, Ross, Sawyer, Schurz, Scott, Sherman, Spencer, Stew- or as an officer of the United States, or as a memart, Tipton, Trumbull, Warner, Willey, Williams, Wil-ber of any State legislature, or as an executive NAYS-Messrs. Bayard, Casserly, Davis, Fowler, Wil liam T. Hamilton, Norton, Saulsbury, Stockton, Thurman, Vickers-10.

son, Yates-47.

IN HOUSE, January 24, 1870.
YEAS-Messrs. Allison, Ambler, Ames, Armstrong,
Arnell, Asper, Bailey, Banks, Beaman, Beatty, Benja-
min, Bennett, Benton, Bingham, Blair, Boles, Bowen,
Boyd, George M. Brooks, Buck, Buckley, Buffinton,

or judicial officer of any State, to support the Constitution of the United States and thereafter engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof;" or, "I do solemnly swear (or affirm) that I have been relieved from disability by an act of Congress, as provided for by the third sec