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than five hundred nor more than one thousand | tions of learning or benevolence supported, in dollars, or shall be imprisoned not less than whole or in part, by general taxation; and of thirty days nor more than one year: Provided, cemeteries so supported; and also the instituThat the party aggrieved shall not recover more tions known as agricultural colleges endowed than one penalty; and when the offense is a re- by the United States, subject only to the condifusal of burial, the penalty may be recovered by tions and limitations established by law, and the heirs at law of the person whose body has applicable alike to citizens of every race and been refused burial. color, regardless of any previous condition of servitude.

SEC. 3. That the same jurisdiction and powers are hereby conferred and the same duties enjoined upon the courts and officers of the United States in the execution of this act as are conferred and enjoined upon such courts and officers in sections three, four, five, seven, and ten of an act entitled "An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication," passed April ninth, eighteen hundred and sixty-six, and these sections are hereby made a part of this act; and any of the aforesaid officers failing to institute and prosecute such proceedings herein required shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand dollars nor more than five thousand dollars.

SEC. 4. That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as juror in any court, national or State, by reason of race, color, or previous condition of servitude; and any officer or other persons charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the reason above named shall, on conviction thereof, be deemed guilty of a misdemeanor and be fined not less than one thousand dollars nor more than five thousand dollars.

SEC. 5. That every discrimination against any citizen on account of color by the use of the word "white," or any other term, in any law, statute, ordinance, or regulation, national or State, is hereby repealed and annulled.

Mr. ELDREDGE moved to lay it upon the table; which was lost-yeas 74, nays 113.

The bill, on motion of Mr. SCOFIELD, was subsequently referred to the Committee on the Revision of the Laws, and was not reported.

FORTY-THIRD CONGRESS, FIRST SESSION.

IN SENATE.

1873, December 1-Mr. SUMNER introduced the following bill, (S. No. 1,) which was read twice and ordered to be printed. [It is, verbatim, the bill above given.]

1874, January 27-Referred to the Judiciary Committee.

April 14-Mr. FRELINGHUYSEN reported the following as a substitute, which was considered April 29, and slightly amended, and is as follows: That all citizens and other persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theatres, and other places of public amusement; and also of common schools and public institu

SEC. 2. That any person who shall violate the foregoing section by denying to any person entitled to its benefits, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude, the full enjoyment of any of the accommodations, advantages, facilities, or privileges in said section enumerated, or by aiding or inciting such denial, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action on the case, with full costs; and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or shall be imprisoned not more than one year: Provided, That the party aggrieved shall not recover more than one penalty; and when the offense is a refusal of burial, the penalty may be recovered by the heirs at law of the person whose body has been refused burial: And provided further, That all persons may elect to sue for the penalty aforesaid or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under this act or the criminal law of any State.

SEC 3. That the district and circuit courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and offenses against and violations of the provisions of this act; and actions for the penalty given by the preceding section may be prosecuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party. And the district attorneys, marshals, and deputy marshals of the United States, and commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting and imprisoning or bailing offenders against the laws of the United States, are hereby specially authorized and required to institute proceedings against every person who shall violate the provisions of this act, and cause him to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States or territorial court as by law has cognizance of the offense, except in respect of the right of action accruing to the person aggrieved; and such district attorneys shall cause such proceedings to be prosecuted to their termination, as in other cases: Provided, That nothing contained in this section shall be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise.

SEC. 4. That no citizen possessing all other

qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than one thousand dollars.

SEC. 5. That all cases arising under the provisions of this act in the courts of the United States shall be reviewable by the Supreme Court of the United States, without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court.

Mr. THURMAN moved to strike out the second section; which was disagreed to-yeas 13, nays 32:

YEAS-Messrs. Bogy, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Stockton-13.

NAYS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Carpenter, Conkling, Conover, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Mitchell, Morrill of Maine, Morrill of Vermont, Oglesby, J. J. Patterson, Pease, Pratt, Ramsey, Robertson, Sargent, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-32.

Mr. SARGENT moved to amend the amendment by adding to the first section the following:

Provided, That nothing herein contained shall be construed to prohibit any State or school district from providing separate schools for persons of different sex or color, where such separate schools are equal in all respects to others of the same grade established by such authority, and supported by an equal pro rata expenditure of school funds.

Disagreed to-yeas 21, nays 26:

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| mont, Oglesby, J. J. Patterson, Pease, Pratt, Ramsey, Robertson, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-30.

Mr. HAMILTON of Maryland moved to strike out the fourth section of the bill, which refers to the selection of jurors.

Disagreed to-yeas 15, nays 28:

YEAS-Messrs. Bogy, Carpenter, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, McCreery, Merrimon, Norwood, Ransom, Sargent, Saulsbury, Stockton-15.

NAYS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Conkling, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Mitchell, Morrill of Vermont, Oglesby, J. J. Patterson, Pease, Pratt, Ramsey, Robertson, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-28.

The bill then (7 o'clock a. m., after a continuous session of twenty hours) passed-yeas 29, nays 16:

YEAS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Conkling, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Mitchell, Morrill of Vermont, Oglesby, Patterson, Pease, Pratt, Ramsey, Robertson, Sargent, Scott, Spencer, Stewart, Wadleigh, Washburn, West, Windom, Wright-29.

NAYS-Messrs. Bogy, Boreman, Carpenter, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, Lewis, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Stockton-16.

ABSENT-Messrs. Anthony, Bayard, Brownlow, Cameron, Chandler, Clayton, Conover, Cragin, Dennis, Dorsey, FENTON, Ferry of Connecticut, Ferry of Michigan, Gilbert, Goldthwaite, Gordon, HAMILTON of Texas, Hitchcock, Jones, Logan, Morrill of Maine, Morton, SCHURZ, Sherman, Sprague, Stevenson, Thurman, TIPTON-28.

IN HOUSE.

May 25-Mr. B. F. BUTLER moved to suspend the rules and refer the bill to the Judiciary ComCon-mittee, with the right to report it to the House at any time.

Two-thirds not voting in favor, the motion was disagreed to-yeas 154, nays 85:

YEAS-Messrs. Albert, Albright, Averill, Bar

YEAS-Messrs. Allison, Bogy, Boreman, over, Cooper, Davis, Hager, Hamilton of Mary land, Johnston, Kelly, Logan, McCreery, Merrimon, Morrill of Maine, Norwood, Ransom, Sargent, Saulsbury, Scott, Stewart, Stockton-21. NAYS-Messrs. Alcorn, Boutwell, Bucking-ber, Barrere, Barry, Biery, Bradley, Buffinton, ham, Carpenter, Conkling, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, Mitchell, Morrill of Vermont, Oglesby, J. J. Patterson, Pease, Pratt, Ramsey, Robertson, Spencer, Wadleigh, Washburn, West, Windom, Wright -26.

Mr. JOHNSTON moved to amend the amendment by striking out of section one the words "and also of common schools and public institutions of learning or benevolence, supported, in whole or in part, by general taxation."

Disagreed to-yeas 14, nays 30: YEAS-Messrs. Bogy, Boreman, Cooper, Davis, Hager, Hamilton of Maryland, Johnston, Kelly, McCreery, Merrimon, Norwood, Ransom, Saulsbury, Stockton-14.

NAYS-Messrs. Alcorn, Allison, Boutwell, Buckingham, Chandler, Conkling, Conover, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harey, Howe, Ingalls, Mitchell, Morrill of Ver

Bundy, Burchard, Burleigh, Burrows, B. F. Butler, Cain, Cannon, Cason, Cessna, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crooke, Crounse, Crutchfield, Curtis, Danford, Dawes, Donnan, Duell, Dunnell, Eames, Field, C. Foster, Frye, Garfield, Gooch, Gunckel, Harrison, Hathorn, J. B. Hawley, J. R. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, E. R. Hoar, G. F. Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Hubbell, Hunter, Hyde, Kasson, Kelley, Kellogg, Killinger, Lamport, Lawrence, Lawson, B. Lewis, Lofland, Loughridge, Lowe, Lynch, Martin, Maynard, McCrary, J. W. McDill, MacDougall, McKee, McNulta, Merriam, Monroe, W. S. Moore, Morey, L. Myers, Niles, Nunn, O'Neill, Orr, Orth, Packard, Packer, Page, I. C. Parker, Parsons, Pelham, Pendleton, Phillips, Pierce, Pike, J. H. Platt, T. C. Platt, Poland, Pratt, Purman, Rainey, Ransier, Rapier, Ray, J.B. Rice, Richmond, E. H. Roberts, J. W. Robinson,

Ross, Rusk, Sawyer, H. B. Sayler, Scofield, H. J. Scudder, Sessions, Shanks, Sheats, Sheldon, I. R. Sherwood, L. D. Shoemaker, Small, Smart, A. H. Smith, H. B. Smith, J. Q. Smith, Snyder, Sprague, Stanard, Starkweather, St. John, Stowell, Sypher, Taylor, C. R. Thomas, Todd, W. Townsend, Tremain, Tyner, Wallace, Walls, J. D. Ward, M. L. Ward, White, Whiteley, Wilber, C. W. Willard, G. Willard, C. G. Williams, J. M. S. Williams, Williams of Indiana, W. B. Williams, J. Wilson, Woodworth-154.

NAYS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, BANNING, J. B. Beck, H. P. Bell, Berry, Bland, Blount, Bowen, Bright, BROMBERG, Buckner, R. R. Butler, J. H. Caldwell, J. B. Clark, Clymer, Comingo, Cook, Cox, Crittenden, Crossland, De Witt, Durham, Eden, Giddings, Glover, Hancock, H. R. Harris, J. T. Harris, Hatcher, Hereford, Herndon, Holman, Hunton, Kendall, Knapp, Lamar, Leach, Lowndes, Luttrell, Magee, Marshall, McLean, Milliken, Mills, Mitchell, Morrison, Neal, Nesmith, W. E. Niblack, O'Brien, H. W. Parker, E. Perry, Randall, Read, Robbins, J. C. Robinson, M. Sayler, Sener, Sloss, J. A. Smith, W. A. Smith, Southard, Speer, Standeford, Stone, Storm, Strait, Swann, C. Y. Thomas, Thornburgh, Vance, Waddell, Wells, Whitehead, Whitthorne, Willie, E. K. Wilson, Wolfe, Wood, J. D. Young, P. M. B. Young-85.

June 1-Mr. B. F. BUTLER moved to suspend the rules, so as to take from the table Senate bill No. 1, and refer the same to the Judiciary Committee, with the right to report at any time, stating at the same time that he was instructed by the Judiciary Committee to allow a motion in the House to strike out the school clause of that bill.

Mr. BECK moved that the House adjourn.
The House refused to adjourn—yeas 72, nays

141.

The hour for taking a recess arrived at the close of the roll-call.

June 8-Mr. B. F. BUTLER'S motion came up, and was seconded-yeas 73, nays 70-and then rejected, two-thirds not voting affirmativelyyeas 138, nays 88, not voting 63:

YEAS-Messrs. Albert, Albright, Averill, Barber, Barrere, Begole, Biery, Bradley, Buffinton, Bundy, Burleigh, Burrows, B. F. Butler, Cain, Cannon, Cason, Cessna, A. Clark, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crocker, Crooke, Crounse, Crutchfield, Curtis, Darrall, Dawes, Dobbins, Donnan, Duell, Dunnell, Eames, Field, C. Foster, Freeman, Frye, Garfield, Gooch, Gunckel, B. W. Harris, Hathorn, Havens, J. B. Hawley, Hays, J. W. Hazelton, Hendee, E. R. Hoar, Hodges, Hooper, Hoskins, Howe, Hunter, Hyde, HYNES, Kasson, Kelley, Kellogg, Lamport, Lansing, Lawrence, Lawson, Loughridge, Lowe, JR. Lynch, McCrary, J. W. McDill, MacDougall, McKee, Merriam, Monroe, Morey, Niles, Nunn, O'Neill, Orth, Packard, Packer, Parsons, Pelham, Pendleton, Pierce, Pike, J. H. Platt, T. C. Platt, Poland, Pratt, Rainey, Ransier, Rapier, J. B. Rice, E. H. Roberts, J. W. Robinson, Ross, Rusk, Sawyer, H. B. Sayler, H. J. Scudder, Sessions, Shanks, Sheats, Sheldon, L. D. Shoemaker, Sloan, Small, A. H. Smith, G. L. Smith, H. B. Smith, J. Q. Smith, Snyder, Sprague, Starkweather, Stowell, Strawbridge, Sypher, Todd, W. Townsend,

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| Tremain, Tyner, Waldron, Wallace, Walls, M. L. Ward, Wheeler, White, Whiteley, C. W. Willard, G, Willard, C. G. Williams, J. M. S. Williams, Williams of Indiana, W. B. Williams, J. Wilson, Woodford, Woodworth-138.

NAYS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, BANNING, J. B. Beck, H. P. Bell, Berry, Bland, Blount, Bowen, Bright, BROMBERG, Brown, Buckner, R. R. Butler, J. H.Caldwell, J. B. Clark, Clymer, Cook, Cox, Creamer, Crittenden, Crossland, J.J. Davis, Durham, Eden, Eldredge, Giddings, Glover, Hamilton, Hancock, H. R. Harris, J. E Harris, Harrison, Hatcher, Hereford, Herndon, Houghton, Hunton, Jewett, Kendall, Knapp, Lamar, Lamison, Leach, Lofland, Lowndes, Luttrell, Magee, Marshall, McLean, Milliken, Mills, Morrison, Neal, Nesmith, W. E. Niblack, O'Brien, E. Perry, Phelps, Randall, Ray, Read, J. C. Robbinson, M. Sayler, J. G. Schumaker, Sener, Sloss, W. A. Smith, Southard, Speer, Stanard, Standeford, Storm, Strait, Swann, C. Y. Thomas, Thornburgh, Vance, Wells, Whitehead, WHITE HOUSE, Whitthorne, Willie, Wood, J. D. Young-88.

OTHER PROCEEDINGS IN HOUSE.

1873, December 8-Mr. MOREY moved that the rules be suspended, so as to enable him to introduce, and the House to pass, a bill supple mental to an act entitled "An act to protect all citizens of the United States in their civil rights, and to furnish the means for their vindication," passed April 9, 1866. [The bill was identical with that of Senator SUMNER.]

Mr. BECK moved that the House adjourn. The House refused to adjourn-yeas 106, mays 144.

Mr. MOREY then modified his motion, so as to enable him to introduce the bill, and the House to refer the same to the Committee on the Judiciary, with leave to report thereon at any time.

The rules were suspended, and the modified motion agreed to-yeas 161, nays 70. The bill (H. R. 473) was then introduced, read twice, and so referred.

1874, June 20-The bill (S. No. 1) was reached on the Speaker's table, under the order of business adopted, and was read.

Mr. ELDREDGE moved that the House adjourn, which was disagreed to-yeas 76, nays 105.

The motion to suspend the rules and pass the bill was disagreed to-yeas 140, nays 91, (twothirds not voting in favor,) not voting 59:

YEAS-Messrs. Albert, Albright, Averill, Barber, Barrere, Barry, Bass, Begole, Biery, Bradley, Buffinton, Bundy, Burchard, Burleigh, Burrows, B. F. Butler, Cain, Cannon, Cason, Cessna, A. Clark, S. A. Cobb, Coburn, Conger, Corwin, Cotton, Crooke, Crounse, Curtis, Darrall, Dawes, Dobbins, Donnan, Dunnell, Eames, Field, C. Foster, Frye, Garfield, Gooch, Gunckel, R. S. Hale, B. W. Harris, Hathorn, J. B. Hawley, J. R. Hawley, Hays, G. W. Hazelton, J. W. Hazelton, Hendee, E. R. Hoar, G. F. Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Hubbell, Hunter, Hurlbut, Kasson, Kelley, Kellogg, Lamport, Lawrence, Lawson, B. Lewis, Loughridge, Lowe, J. R. Lynch, McCrary, J. W. McDill, McJunkin, McKee, Merriam, Monroe, W. S. Moore, Morey, Negley, Niles, O'Neill,

Orr, Orth, Packard, Page, Parsons, Pelham, | Luttrell, Magee, McLean, Milliken, Mills, Mor-
Pendleton, Pierce, Pike, T. C. Platt, Poland, rison, Neal, Nesmith, W. E. Niblack, O'Brien,
Purman, Rainey, Ransier, Rapier, J. B. Rice,
Richmond, E. H. Roberts, J. W. Robinson, Ross,
Rusk, Sawyer, H. B. Sayler, Scofield, H. J.
Scudder, Shanks, Sheats, Sheldon, Small, A. H.
Smith, G. L. Smith, H. B. Smith, J. Q Smith,
Snyder, Starkweather, Stowell, Strawbridge,
Sypher, Todd, W. Townsend, Tremain, Waldron,
Wallace, Walls, J. D. Ward, M. L. Ward, White,
Whiteley, Wilber, C. W. Willard, G. Willard,
C. G. Williams, J. M. S. Williams, Williams of
Indiana, W. B. Williams, J. Wilson, J. M. Wil-
son, Woodford, Woodworth-140.

NAYS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, BANNING, Barnum, J B. Beck, H. P. Bell, Berry, Bland, Blount, Bowen Bright, BROMBERG, Brown, Buckner, R. R. Butier, J. H. Caldwell, J. B. Clark, Clymer, Comingo, Cook, Cox, Creamer, Crittenden, Crossland, Crutchfield, J. J. Davis, Durham, Eldredge, Giddings, Gunter, Hamilton, Hancock, H. R. Harris, J. T. Harris, Harrison, Hatcher, Hereford, Herndon, Holman, Hunton, Hyde, Kendall, Knapp, Lamar, Leach, Lowndes,

E. Perry, Phelps, Randall, Ray, Read, Robbins,
J. C. Robinson, M. Sayler, J. G. Schumaker,
Sener, Sloss, J. A. Smith, Southard, Speer, Stan-
ard, Standeford, St. John, Stone, Storm, Swann,
C. Y. Thomas, Thornburgh, Vance, Wells, White-
head, WHITEHOUSE, Whitthorne, Willie, E. K.
Wilson, Wolfe, J. D. Young, P. M. B. Young-91.
NOT VOTING -Messrs. F. Clarke, Clayton,
Clements, C. L. Cobb, Crocker, Danford, De Witt,
Duell, Eden, Elliott, Farwell, Fort, Freeman,
Glover, Hagans, E. Hale, Harmer, Havens,
Hersey, HYNES, Jewett, Killinger, Lamison,
Lansing, Lofland, Marshall, Martin, Maynard,
A. S. McDill, MacDougall, McNulta, Mitchell,
L. Myers, Nunn, Packer, H. W. Parker, I. C.
Parker, Phillips, J. H Platt, Potter, Pratt, W.
R. Roberts, I. W. Scudder, Sessions, I. R. Sher-
wood, L. D. Shoemaker, Sloan, Smart, W. A.
Smith, Sprague, A. H. Stephens, Strait, Taylor,
C. R. Thomas, Tyner, Waddell, Wheeler, Wood-
58.
The bill remains on the Speaker's table.

IN SENATE.

XVII.

WOMAN'S RIGHTS.

1874, May 28-Pending the consideration of Senate bill No. 44, to establish the Territory of Algonquin (or Pembina)—

Mr. SARGENT moved to amend section 5 thereof

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by inserting the word “ sex before the word "race," and also to strike out the word "male," so that the section would read:

SEC. 5. That every inhabitant of the United States above the age of twenty-one years, who shall have been a resident of the said Territory at the time of the passage of this act, shall be entitled to vote at the first and all subsequent elections in the Territory, and shall be eligible to hold any office in said Territory, but the qualifications for voters and of holding office, at all subsequent elections, shall be such as shall be provided by the Legislative Assembly: Provided, That the Legislative Assembly shall not, at any time, abridge the right of suffrage, or to hold office, on account of sex, race, color, or previous condition of servitude of any resident of the Territory: Provided further, That the right of suffrage and of holding_office_shall be exercised only by citizens of the United States, and those who shall have declared on oath, before a competent court of record, their intention to become such, and shall have taken an oath to support the Constitution and Government of the United States.

A motion to table the bill was disagreed toyeas 24, nays 24.

Mr, SARGENT'S amendment was disagreed toyeas 19, nays 27:

YEAS-Messrs. Anthony, Carpenter, Chandler, Conover, Ferry of Michigan, Flanagan, Gilbert, Harvey, Mitchell, Morton, J. J. Patterson, Pratt, Sargent, Sprague, Stewart, TIPTON, Washburn, West, Windom-19.

NAYS-Messrs. Allison, Bayard, Boreman, Boutwell, Buckingham, Clayton, Conkling, Cooper, Davis, Edmunds, Frelinghuysen, Hager, Hamilton of Maryland, Hitchcock, Jones, Kelly, McCreery, Merrimon, Morrill of Vermont, Norwood, Ramsey, Ransom, Saulsbury, Scott, Sherman, Wadleigh, Wright-27.

The bill was then rejected-yeas 19, nays 29.

IN HOUSE.

1874, June 1-Mr. B. F. BUTLER, from the Committee on the Judiciary, reported House bill 3583, to allow certain citizens of the United States to practice law in the courts of the United States.

The bill provides "that every female citizen of the United States, otherwise found qualified, shall be admitted to practice as attorney and counsellor at law in the several courts of the United States."

After a first and second reading, the bill was ordered to be engrossed and read a third timeyeas 95, nays 66, not voting 128:

YEAS. Messrs. Albert, Albright, Barber, Barry, Begole, Biery, Bland, Bradley, BROMBERG, Buffinton, Bundy, Burrows, B. F. Butler, Cain, Cason, Cessna, A. Clark, Coburn, Conger, Crocker, Darrall, Dawes, Donnan, Farwell, Field, C. Foster, Freeman, Gooch, B. W. Harris,

Harrison, Hatcher, Hathorn, J. B. Hawley, J. R.
Hawley, G.W. Hazelton, Houghton, Howe, Hun-
ter, Hyde, Kasson, Knapp, Lawrence, Lawson,
Loughridge, Lowe, Marshall, McCrary, A. S.
McDill, J. W. McDill, MacDougall, W. S. Moore,
Morrison L. Myers, Niles, O'Neill, Page, I. C.
Parker, Pelham, Pendleton, Pierce, Pike, J. H.
Platt, Potter, Purman, Rainey, Rapier, J. C.
Robinson, Rusk, H. B. Sayler, Shanks, Sheats,
Sloan, A. H. Smith, G. L. Smith, H. B. Smith,
J. Q. Smith, Stanard, Starkweather, Stone, Strait,
C. Y. Thomas, Todd, Waldron, Wallace, J. D.
Ward, WHITEHOUSE, Whiteley, Wilber, C. W.
Willard, C. G. Williams, J. M. S. Williams, Wil-
liams of Indiana, W. B. Williams, J. Wilson,
J. M. Wilson-95.

NAYS-Messrs. Adams, Archer, Arthur, Ashe,
Atkins, Barnum, J. B. Beck, H. P. Bell, Blount,
Bowen, Bright, Brown, Buckner, Burleigh, R. R.
Butler, J. H. Caldwell, Clymer, Cook, Corwin,
Cox, Crossland, Danford, Dunnell, Giddings,
Hagans, E. Hale, Hamilton, Hancock, H. R.
Harris, J. T. Harris, Hays, Hereford, Herndon,
E. R. Hoar, Holman, Hunton, Hurlbut, Lofland,
Magee, Maynard, McLean, Millikin, Packer,
Poland, Ray, J. B. Rice, Robbins, E. H.
Roberts, Sawyer, I. W. Scudder, Sener, Sheldon,
L. D. Shoemaker, Sloss, J. A. Smith, Southard,
Speer, Sprague, Storm, Swann, W. Townsend,
Tremain, Vance, Whitehead, Whitthorne, J. D.
Young-66.

| the constitution to secure to women the elective franchise and the right to hold office. The resolve was rejected.

February 16, 1874, the House of Representatives asked for the opinion of the justices of the Supreme Judicial Court on this question, viz: "Under the constitution of this Commonwealth can a woman be a member of a school committee?" To which the justices reply:

"The question is limited to the effect of the constitution upon the capacity of a woman to hold this office, and involves no interpretation of statutes.

"If the constitution prevents a woman from being a member of a school committee, it must be by force of some express provision thereof, or else by necessary implication arising either from the nature of the office itself, or from the law of Massachusetts as existing when the constitution was adopted, and in the light of which it must be read."

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But the constitution contains nothing relating to school committees; the office is created and regulated by statute; and the constitution confers upon the general court full power and authority to name and settle annually, or provide by fixed laws for naming and settling all civil officers within the Commonwealth, the election and constitution of whom are not in the constitution otherwise provided for.

"The common law of England, which was our law upon the subject, permitted a woman to fill any local office of an administrative character, the duties attached to which were such that a woman was competent to perform them.

NOT VOTING--Messsrs. Averill, BANNING, Barre-
re, Bass, Berry, Burchard, Cannon, J. B. Clark, F.
Clark, Clayton, Clements, C. L. Cobb, S. A. Cobb,
Comingo, Cotton, Creamer, Crittenden, Crooke,
Crounse, Crutchfield, Curtis, J. J. Davis, De Witt, The duties of a school committee relate ex-
Dobbins, Duell, Durham, Eames, Eden, Eldredge, clusively to the education of children and youth
Elliott, Fort, Frye, Garfield, Glover, Gunckel, in the town or city for which it is elected; they
R. S. Hale, Harmer, Havens, J. W. Hazelton, consist of the general charge and superintendence
Hendee, Hersey, G. F. Hoar, Hodges, Hooper, of the schools, including the employment of
Hoskins, Hubbell, HYNES, Jewett, Kelley, Kel- teachers, the selection of school books, the regu
logg, Kendall, Killinger, Lamar, Lamison, Lam-lation of the attendance of scholars, and the
port, Lansing, Leach, B. Lewis, Lowndes, Lut- preparation of school registers and returns; and
trell, J. R. Lynch, Martin, McJunkin, McKee, they are in no respect of such a nature that they
McNulta, Merriam, Mills, Mitchell, Monroe, cannot be well and efficiently performed by wo-
Morey, Neal, Negley, Nesmith, W. E. Niblack, man.
Nunn, O'Brien, Orr, Orth, Packard, H. W. Par-
ker, Parsons, E. Perry, Phelps, Phillips, T. C.
Platt, Pratt, Randall, Ransier, Read, Richmond,
W. R. Roberts, J. W. Robinson, Ross, M. Sayler,
J. G. Schumaker, Scofield, H. J. Scudder, Ses-
sions, I. R. Sherwood, Small, Smart, W. A. Smith,
Snyder, Standeford, A. H. Stephens, St. John,
Stowell, Strawbridge, Sypher, Taylor, C. R.
Thomas, Thornburg, Tyner, Waddell, Walls, M.
L. Ward, Wells, Wheeler, White, G. Willard,
Willie, Wilshire, E. K. Wilson, Wolfe, Wood,
Woodford, Woodworth P. M. B. Young-128.
The bill did not reach a final vote.

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"The necessary conclusion is, that there is nothing in the constitution of the Commonwealth to prevent a woman from being a member of a school committee, and that the question proposed must be respectfully answered in the affirmative."

NEW HAMPSHIRE.

The question of female suffrage was presented to the Legislature of 1873, in the shape of “An school districts, and hold office in such districts." act authorizing women to vote in meetings of The popular branch indefinitely postponed the bill by 69 yeas to 228 nays.

By act approved July 3, 1872, women may be elected to the office of prudential school committee, in any district of the State.

RHODE ISLAND.

House of Representatives, (1874,) but indefinitely The following resolution was adopted by the postponed by the Senate:

Resolved, A majority of all the members elected to each House of the General Assembly concurring herein, that the following article be pro

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