First Session, Thirty-Eighth Congress.
1864, February 26—The Senate considered the bill—the question being on agreeing to a new section proposed by the Committee on Post Offices and Post Roads—as follows:
Sec. 2. That in the courts of the United States there shall be no exclusion of any witness on account of color.
Mr. Powell moved to amend by inserting after the word “States” the words: “in all cases for robbing or violating the mails of the United States.”
No further progress was made on the bill.
NEGRO SUFFRAGE IN MONTANA TERRITORY.
1864, March 18—The House passed, without a division, a bill in the usual form, to provide a temporary government for the Territory of Montana.
March 31—The Senate considered it, when Mr. Wilkinson moved to strike from the second line of the fifth section, (defining the qualifications of voters,) the words “white male inhabitant” and insert the words: “male citizen of the United States, and those who have declared their intention to become such;” which was agreed to—yeas 22, nays 17, as follows:
Yeas—Messrs. Brown, Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, Morgan, Morrill, Pomeroy, Sumner, Wade, Wilkinson, Wilson—22.
Nays—Messrs. Buckalew, Carlile, Cowan, Davis, Harding, Henderson, Johnson, Lane of Indiana, Nesmith, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey—17.
The bill was then passed—yeas 29, nays 8, (Messrs. Buckalew, Davis, Johnson, Powell, Riddle, Saulsbury, Van Winkle, Willey.)
April 15—The Senate adopted the report of the Committee of Conference on the Montana bill, which recommended the Senate to recede from their second amendment, and the House to agree to the first and third amendments of the Senate, (including the above.)
April 15—Mr. Beaman presented the report of the Committee of Conference on the Montana bill, a feature of which was that the House should recede from its disagreement to the Senate amendment striking out the word “white” in the description of those authorized to vote.
Mr. Holman moved that the report be tabled; which was lost by the casting vote of the Speaker—yeas 66, nays 66.
Upon agreeing to the report the yeas were 54, nays 85.
On motion to adhere to its amendments, and ask another Committee of Conference, Mr. Webster moved instructions:
And that said committee be instructed to agree to no report that authorizes any other than free white male citizens, and those who have declared their intention to become such, to vote.
Which was agreed to—yeas 75, nays 67.
April 15—The Senate declined the conference upon the terms proposed by the House resolution of that day.
April 18—The House proposed a further free conference, to which, April 25, the Senate acceded.
May 17—In Senate, Mr. Morrill submitted a report from the Conference Committee who recommend that qualified voters shall be:
All citizens of the United States, and those who have declared their intention to become such, and who are otherwise described and qualified under the fifth section of the act of Congress providing for a temporary government for the Territory of Idaho approved March 3, 1863.
The report was concurred in—yeas 26, nays 13.
May 20—The above report was made by Mr. Webster in the House, and agreed to—yeas 102, nays 26.
IN WASHINGTON CITY.[[26]]
1864, May 6—The Senate considered the bill for the registration of voters in the city of Washington, when
Mr. Cowan moved to insert the word “white” in the first section, so as to confine the right of voting to white male citizens.
May 12—Mr. Morrill moved to amend the amendment by striking out the words—
And shall have paid all school taxes and all taxes on personal property properly assessed against him, shall be entitled to vote for mayor, collector, register, members of the board of aldermen and board of common council, and assessor, and for every officer authorized to be elected at any election under any act or acts to which this is amendatory or supplementary, and inserting the words—
And shall within the year next preceding the election have paid a tax, or been assessed with a part of the revenue of the District, county, or cities, therein, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privileges of an elector.
May 26—Mr. Sumner moved to amend the bill by adding this proviso:
Provided, That there shall be no exclusion of any person from the registry on account of color.
May 27—Mr. Harlan moved to amend the amendment by making the word “person” read “persons,” and adding the words—
Who have borne arms in the military service of the United States, and have been honorably discharged therefrom.
Which was agreed to yeas 26, nays 12, as follows:
Yeas—Messrs. Anthony, Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Ten Eyck, Trumbull, Wade, Willey, Wilson—26.
Nays—Messrs. Buckalew, Carlile, Cowan, Davis, Hendricks, McDougall, Powell, Richardson, Saulsbury, Sumner, Van Winkle, Wilkinson—12.
May 28—Mr. Sumner moved to add these words to the last proviso:
And provided further, That all persons, without distinction of color, who shall, within the year next preceding the election, have paid a tax on any estate, or been assessed with a part of the revenue of said District, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privilege of an elector. But no person now entitled to vote in the said District, continuing to reside therein, shall be disfranchised hereby.
Which was rejected—yeas 8, nays 27, as follows:
Yeas—Messrs. Anthony, Clark, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sumner, Wilkinson—8.
Nays—Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Hendricks, Hicks, Johnson, Lane of Indiana, McDougall, Morrill, Powell, Saulsbury, Sherman. Ten Eyck, Trumbull, Van Winkle, Willey, Wilson—27.
The other proposition of Mr. Sumner, amended on motion of Mr. Harlan, was then rejected—yeas 18, nays 20, as follows:
Yeas—Messrs. Anthony, Chandler, Clark, Dixon, Foot, Foster, Hale, Harlan, Howard, Howe, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sherman, Sumner, Wilkinson, Wilson—18.
Nays—Messrs. Buckalew, Carlile, Cowan, Davis, Grimes, Harris, Hendricks, Hicks, Johnson, Lane of Indiana, McDougall, Morrill, Nesmith, Powell, Richardson, Saulsbury, Ten Eyck, Trumbull, Van Winkle, Willey—20.
The bill then passed the Senate, and afterward the House, without amendment.