amendment by inserting instead of the words "and afford them all proper protection" the following:

And shall hire or provide by lease buildings for purposes of education whenever such association shall, without cost to the Government, provide suitable teachers and means of instruction, and he shall furnish such protection as may be required for the safe conduct of such schools.

Mr. ELDRIDGE. Mr. Speaker, is it in order for the gentleman to modify his amendment after the previous question has been seconded?

The SPEAKER. The amendment cannot be modified, except by unanimous consent, after the previous question has been seconded. Mr. ELDRIDGE. I object to the modification.

Mr. SCOFIELD.

Oh, let this come in. Mr. ELDRIDGE. You call the previous question on us, and then ask me to let this come in. I insist on my objection.

The question being taken on the amendment of Mr. SCOFIELD, it was agreed to.

Mr. WILSON, of Iowa. I move to reconsider the vote by which the previous question was seconded.

The SPEAKER. That cannot be done after the House has commenced executing it. It is stated on page 143 of the Digest that "it is not in order to move a reconsideration of the vote on ordering the main question when it is partly executed."

The question recurred upon the amendment offered by Mr. SHELLABARGER, which was read as follows:

Add at the end of section six the following:

Provided, That nothing in this act contained shall be construed to affect the right of any person to recover in the proper courts any title or right of possession which such person may have in any of the lands held under said field order.

So that the section will read:

That whenever the former owners of lands occupied under General Sherman's field order, dated at Savannah, January 16, 1865, shall apply for restoration of said lands, the Commissioner shall refuse the surrcnder of the same: Provided, That nothing in this act contained shall be construed to affect the right of any person to recover in the proper courts any title or right of possession which such person may have in any of the lands held under said field order.

Mr. ELIOT. There is no objection to that. The amendment was agreed to. The question recurred on the amendment of Mr. DAVIS, which was read, as follows:

At the end of section two add the following: And the powers conferred and the duties enjoined by the act hereby amended shall be applicable to all persons named or referred to in this section; and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

So that the section will read:

That the supervision and care of said bureau shall extend to all loyal refugees and freedmen, so far as the same shall be necessary to enable them as speedily

as practicable to become self-supporting citizens of the United States, and to aid them in making the freedom conferred by proclamation of the Commanderin-Chief, by emancipation under the laws of States, and by constitutional amendment, available to them and beneficial to the Republic. And the powers conferred and the duties cujoined by the act hereby amended, shall be applicable to all persons named or referred to in this section; and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

Strike out all the remaining sections of the bill. Mr. DAVIS. I call for the yeas and nays on this amendment.

The yeas and nays were ordered. The question was taken; and it was decided in the negative-yeas 35, nays 86, not voting 62; as follows:

YEAS-Messrs. Ancona, Delos R. Ashley, Bergen, Chanler, Darling, Davis, Dawson, Eldridge, Glossbrenner, Goodyear, Grider, Hale, Aaron Harding, Hogan, Edwin N. Hubbell. James M. Humphrey, Kuykendall, Latham, Le Blond, Marvin, McCullough, Niblack, Nicholson, Radford, Samuel J. Randall, Raymond, Ritter, Ross, Sitgreaves, Stilwell, Strouse, Taylor, Trimble, Henry D. Washburn, and Whaley-35.

NAYS-Messrs. Allison, Ames, Anderson, James M. Ashley, Baker, Baldwin, Baxter, Beaman, Bidwell, Blaine, Bromwell, Buckland, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Defrees, Deming, Dixon, Dodge, Donnelly, Dumont, Eckley, Eggleston, Eliot, Farquhar, Ferry, Garfield, Hart, Henderson, Higby, Holmes, Hooper, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, Ingersoll, Jenckes, Julian, Kelley, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, McClurg, McKee, McRuer, Mercur, Moorhead, Morris, Myers, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Price, Alexander H.

Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, Francis Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, William B. Washburn, Welker, Williams, James F. Wilson, and Stephen F. Wilson-86.

NOT VOTING-Messrs. Alley, Banks, Barker, Benjamin, Bingham, Blow. Boutwell, Boyer, Brandegee, Broomall, Bundy, Coffroth, Conkling, Culver, Dawes, Delano, Denison, Driggs, Farnsworth, Finek, Grinnell, Griswold, Abner C. Harding, Harris, Hayes, Hill, Hotchkiss, Hulburd, James Humphrey, Johnson, Jones, Kasson, Kelso, Kerr, Ketcham, Laflin, Marshall, Marston, McIndoe, Miller, Morrill, Moulton, Newell, Noell, Phelps, Pomeroy, William H. Randall, Rogers, Rousseau, Shanklin, Smith, Taber, John L. Thomas, Thornton, Robert T. Van Horn, Warner, Elihu B. Washburne, Wentworth, Windom, Winfield, Woodbridge, and Wright-62.

So the amendment was not agreed to.
During the vote,

Mr. NÏBLACK stated that his colleague, Mr. KERR, was detained from the House by illness.

Mr. RICE, of Maine, stated that Messrs. WINDOM, CONKLING, and HOTCHKISS were absent, by order of the House, taking testimony.

The vote was then announced as above recorded.

The bill was ordered to be engrossed and read a third time.

Mr. WILSON, of Iowa. I move to reconsider the vote by which the bill was ordered to be engrossed and read a third time, and demand the previous question. I do it in order to give the gentleman from Pennsylvania [Mr. ScoFIELD] an opportunity to offer his amendment.

The previous question was seconded and the main question ordered; and under the operation thereof the motion to reconsider was agreed to.

Mr. SCOFIELD moved to strike out all after the word "them" in the ninth line, section seven, and in lieu thereof to insert the following:

And shall hire or provide by lease buildings for purposes of education whenever such association shall, without cost to the Government, provide suitable teachers and means of instruction, and he shall furnish such protection as may be required for the safe conduct of such schools.

Mr. WILSON, of Iowa, demanded the previous question.

The previous question was seconded and the main question ordered.

Mr. LE BLOND. I would inquire whether the Government is to buy the school-houses for the schools.

Mr. SCOFIELD. The amendment provides that, instead of buying sites and erecting buildings, they may temporarily hire buildings to be occupied by teachers to be furnished by private benevolent associations.

Mr. LE BLOND. Does not the amendment contemplate that sites are to be purchased by

the Government?

Mr. ELIOT. No, sir; just the opposite.
The amendment was agreed to.

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time.

Mr. ELIOT demanded the previous question on the passage of the bill.

The previous question was seconded and the main question ordered.

Mr. ELDRIDGE demanded the yeas and

nays.

The yeas and nays were ordered. The question was taken; and it was decided in the affirmative-yeas 96, nays 32, not voting 55; as follows:

YEAS-Messrs. Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Beaman, Bidwell, Blaine, Bromwell, Buckland, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Cullom, Dawes, Defrees, Deming, Dixon, Dodge, Donnelly, Dumont, Eckley, Eggleston, Eliot, Farquhar, Ferry, Garfield, Abner C. Harding, Hart, Henderson, Higby, Holmes, Hooper, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, John H. Hub

NAYS-Messrs. Ancona, Bergen, Chanler, Darling, Davis, Dawson, Eldridge, Glossbrenner, Goodyear, Grider, Hale, Aaron Harding, Hogan, Edwin N. Hubbell, James M. Humphrey, Kuykendall, Le Blond, Marshall, Marvin, McCullough, Niblack, Nicholson, Radford, Samuel J. Randall, Raymond, Ritter, Ross, Sitgreaves, Strouse, Taylor, Trimble, and Wright-32.

NOT VOTING-Messrs. Alley, Barker, Benjamin, Bingham, Blow, Boutwell, Boyer, Brandegee, Broo all, Bundy, Coffroth, Conkling, Culver, Delano, Deaison, Driggs, Farnsworth, Finck, Grinnell, Griswold, Harris, Hayes, Hill, Hotchkiss, Hulburd, James Humphrey, Johnson, Jones, Kasson, Kelso, Kerr, Ketcham, Laflin, McIndoe, Miller, Moulton, Newell, Noell, Phelps, Pomeroy, William H. Randall, Rogers, Rousseau, Shanklin, Smith, Spalding, Taber, John L. Thomas, Thornton, Robert T. Van Horn, Warner, Elihu B. Washburne, Wentworth, Windom, and Winfield-55.

So the bill was passed.

Mr. ELIOT moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid upon the table.

The latter motion was agreed to.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had passed a bill (S. No. 342) for the relief of Ira B. Curtis, in which he was directed to ask the concurrence of the House.

APPOINTMENTS TO MILITARY ACADEMY.

On motion of Mr. SCHENCK, by unanimous consent, joint resolution of the Senate No. 136, relative to appointments to the Military Academy of the United States, was taken up from the Speaker's table, the amendments of the Senate non-concurred in, and a committee of conference asked.

RAILROAD IN MISSOURI AND ARKANSAS. On motion of Mr. CULLOM, by unanimous consent, Senate bill No. 223, to revive and extend the provisions of an act granting the right of way and making a grant of land to the States of Arkansas and Missouri to aid in the construction of a railroad from a point upon the Mississippi opposite the mouth of the Ohio river, via Little Rock to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi river, approved February 9, 1853, and for other purposes, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Public Lands.

JOIN A. COAN.

On motion of Mr. McKEE, by unanimous consent, the papers in the case of John A. Coan were withdrawn from the files of the Committee of Claims, copies of the same being left.

RECONSTRUCTION.

The SPEAKER. The morning hour having expired, the first business in order is House bill No. 543, which was made the special order for this day after the morning hour, being a bill to restore to the States lately in insurrection their full political rights.

Mr. ASHLEY, of Ohio. Unless the members of this Congress who represent the loyal people of this country approach the propo sition before us, providing for the restoration of the late rebel States, in a proper spirit and with mutual concessions, I fear we shall fail to accomplish the great work committed to our hands. I desire to approach its consideration with charity for all and malice toward none. I know that I approach it in a forgiving spirit and with a thankful heart. With thankfulness, because the din of war has been hushed and the national conflagration extinguished. In a forgiving spirit, because I know how much there is to be forgiven if we would reunite dissevered and broken ties, secure the

millions of bleeding and broken hearts.

In all the votes which I have given or may give on the propositions for reconstruction, in all I have said or may say, I shall keep steadily in view the one great desire of my heart, which outweighs and overshadows all others, and before which the petty schemes of parties and of men dwindle into insignificance and appear

to me criminal. That desire is to see the States recently in rebellion restored to all the rights, privileges and dignities of States of the American Union at the earliest day consistent with the national safety, and upon such terms as shall secure the power, unity, and glory of the Republic.

How can this most desirable result best be accomplished? In answering this interrogatory the first question which presents itself to every reflecting mind is this: has the Government of the United States as at present organized the constitutional power to demand or exact from the people in the late rebel States any conditions prior to the recognition of their recently reorganized State governments and the admission of their Senators and Representatives in Congress? If so, is it expedient to exact of them the terms or conditions proposed by the committee of fifteen, or such conditions of a like character as may finally be agreed upon by the two Houses of Congress, as conditions-precedent to their resumption, as States, of all constitutional relations to the national Government which were severed by their acts of rebellion and war?

I claim that we have the power, and that it is not only our right but our duty to demand such conditions as the majority of the loyal representatives of this Congress may deem requisite for the safety and security of the nation. I believe we have the constitutional power, because I believe the States represented in this Hall during the war and now are the Government. If I did not believe this I could not vote for any of the propositions before the House or any proposition of a like character.

From the first I have held that when the people of the late rebel States abolished their constitutional State governments and confederated together in violation of the national Constitution and organized hostile State gov. ernments and a national confederate government, and maintained those governments by force of arms until the rebellion became so formidable as to claim the prerogatives of a national de facto government, and to have conceded to it by the United States and the great Powers of Europe belligerent rights, that from that hour constitutional State governments ceased in each of the States so confederated together, and until governments are reorganzed in each of them in subordination to the national Constitution, and recognized by this Congress, there can be no constitutional State governments in such States.

Mr. RANDALL, of Pennsylvania. Will the gentleman allow me to ask him who he intends shall form the State governments-the people of the States, or who?

Mr. ASHLEY, of Ohio. I propose that the loyal people of these States shall reorganize these State governments and administer their governments under such rules and restrictions as the Congress of the United States, representing the people of the loyal States, shall require.

Mr. RANDALL, of Pennsylvania. Then I understand the gentleman to say that he is willing that the loyal people shall form State governments, or shall continue their State gov ernments and protect and elect Congressmen as part of their duty. Do I understand him aright?

Mr. ASHLEY, of Ohio. Under such rules and restrictions as this Congress shall require. Mr. RANDALL, of Pennsylvania. That is an after-clap.

Mr. ASHLEY, of Ohio. Now, Mr. Speaker, I hope I can go on without any more of these interruptions. From the outbreak of the rebellion I have sought to have all the Departments of the Government adopt and act upon this idea. I have held that the sovereignty of the nation was in the people who reside in the States which maintained constitutional State governments, recognizing the national Constitution as the supreme law of the land, and the Government which it created as the one to which all citizens owed a paramount allegiance. I have held that the sovereignty of the nation could not be impaired or destroyed within the

territorial jurisdiction of the United States by the action, or the refusal to act, of any one or more States. In other words, that the people in the States which maintained their constitutional relations to the national Government were the only depositaries of the national sovereignty and the only constitutional governing power in the nation.

Holding these views, I insist that the people who maintained constitutional State governments, who, during the entire war, were represented here, and who are now represented here, the people who maintained this national Government and put down the rebellion, have a right under the laws of war as conquerors to prescribe such conditions as in the judgment of the majority of this Congress are necessary for the national safety and the national security. This is the right of the conqueror under every law, human and divine. If this be not the true theory, then, indeed, is our national Government a rope of sand.

Entertaining these ideas, at the extra session of Congress in July, 1861, I drew up a bill embodying them, but by the advice of friends I did not present it until the regular session in December. On the 12th of March following, by the direction of the Committee on Territories, I reported to this House "a bill to provide temporary provisional governments for the districts of country in rebellion against the United States." That bill, on the motion of my then colleague, (Mr. Pendleton,) was laid upon the table by a vote of 65 to 56, a number of Republicans voting with the Opposition, and a still larger number not voting at all.

At the first session of the Thirty-Eighth Congress, upon consultation, it was thought best to have a committee on the rebellious States, and the late Henry Winter Davis offered a resolution for the appointment of such a committee. The committee was raised, and he was appointed its chairman.

After the committee was appointed, of which I was a member, I again introduced the old bill, with such modifications and additions as time had suggested. That bill which was reported passed both Houses of Congress, but did not receive the sanction of President Lincoln, and therefore failed to become a law.

At the second session of the Thirty-Eighth Congress I again introduced the same bill with some modifications, and by direction of the committee I reported it to this House. After a number of efforts to modify it so as to secure a majority vote, it was lost, and we were left at sea on this great question of reconstruc tion. And to-day we are reaping the fruits of our stupidity and folly. I allude to these facts to show how steadily the national mind has been marching up to this idea, that the men who remained loyal to this Government, who maintained constitutional State governments, and who during the war administered this Government are the Government.

Mr. WRIGHT. Will the gentleman from Ohio [Mr. ASHLEY] allow me to ask him a question?

Mr. ASHLEY, of Ohio. I would rather the gentleman would ask me his questions after I get through my argument.

Mr. WRIGHT. I wish simply to ask the gentleman to give us his definition of a loyal

man.

Mr. ASHLEY, of Ohio. If the gentleman will ask me after I get through I will answer his question.

Mr. WRIGHT. Very well; I will ask the gentleman then.

Mr. ASHLEY, of Ohio. I was saying that I allude to these facts for the purpose of showing how steadily the national mind has been approaching this idea. And when this joint committee on reconstruction, composed of the ablest men in the nation, made their report the other day, they recognized the same idea, to wit, that the constitutional governments in all the rebel States were abolished; that during the war and now they were not in constitutional relations with the national Government. And the man, whoever he may be, who stands up and

says they are now in constitutional relations to the national Government utters that which he knows to be untrue. The man who stands up and says that during the entire war the rebel States were entitled to be represented here lays down a proposition, which would undermine and sap the very foundations of the Government. If these rebel States had the right to be represented here and had been represented here during this war, this Government would have been bound hand and foot, and we'would have been incapable of resistance.

This, then, being the idea adopted by the committee of fifteen, I can support this bill. I know that the proposition submitted by that committee falls far short of what I expected, far short of what the loyal men in the South had a right to expect, far short of what the men who sacrificed so much to preserve this nation had a right to expect. But if I can get nothing better I shall vote for their proposition, as I have already voted for the proposed constitutional amendment which was sent to the Senate the other day. When that proposition was up I desired to offer an amendment to it. But the honorable gentleman from Pennsylvania [Mr. STEVENS] who had charge of the measure had entered a motion to recommit, and would not allow the amendment to be offered. But I now send it to the Clerk's desk, as the amendment I then desired to offer. It may do no good to send it to the Senate now, as I learn since I got on my feet that the amendment which we sent over has received, with an amendment to the third section, the sanction of a majority of the true Union members of that body, and will, undoubtedly, pass that body.

The Clerk read as follows:
ARTICLE.

SEC. 1. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SEC. 2. No State shall deny the elective franchise to any of its inhabitants, being citizens of the United States, above the age of twenty-one years because of race or color; but suffrage shall be impartial. And on the 4th day of July, A. D. 1876, all citizens of the United States above the age of twenty-one years, not convicted of crime or excluded from the right of the ballot by act of Congress or by the law of any State because of insurrection or rebellion against the United States, shall be electors in each State and Territory of the United States; and on and after the 4th day of July, A. D. 1876, all natural-born citizens of the United States thereafter becoming twenty-one years of age, and all aliens who may thereafter be naturalized and are above the age of twenty-one years and can read and write the English language, shall be qualified to vote for electors of President and Vice President of the United States, for members of the Congress of the United States, and for Governors and members of State Legislatures.

SEC. 3. Representation shall be apportioned among the several States according to the respective number of inhabitants in each.

SEC. 4. No payment shall ever be made by the United States or any State for or on account of the emancipation of any slave or slaves, or for or on account of any debt contracted in aid of insurrection or rebellion against the United States.

SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Mr. ASHLEY, of Ohio. I do not desire to take up the time of the House in discussing this proposition, as I understand the Senate has practically agreed to sustain the proposition on representation which was sent them from this House a short time since. It will be noticed, that in prescribing the qualifications of electors, I omit the word "male" and use the words "all citizens of the United States above the age of twenty-one years.' I did this purposely, as I am unwilling to prohibit any State from enfranchising its women if they desire to do so. The Senate having struck out the third clause and inserted another this amendment will serve no other purpose than to show what I desired to offer the other day.

But, Mr. Speaker, I have an amendment which I desire to offer to this bill-an amendment upon which I shall ask a vote, and to which I desire the attention of the House. House bill No. 543, as reported by the committee, requires the adoption of the constitutional amendment proposed before any State,