make no claim on the part of the United States in respect of indirect losses, as aforesaid, before the Tribunal of Arbitration at Geneva. [The Senate, sitting in executive session, is understood to have assented (yeas 43, nays 18) to the new article, modified by striking out all after the word "whereas" (in the twenty-second line of the above) and inserting in lieu thereof the following: "Both Governments adopt for the future the principle that claims for remote or indirect losses should not be admitted as the result of failure to observe neutral obligations, so far as to declare that it will hereafter guide the conduct of both Governments in their relations with each other. "Now, therefore, in consideration thereof, the President of the United States, by and with the advice and consent of the Senate thereof, consents that he will make no claim on the part of the United States in respect of indirect losses as aforesaid before the Tribunal of Arbitration at Geneva." Arbitrator on the part of Switzerland—Mr. JACOB STAMPFLI. Arbitrator on the part of Brazil-Baron D'Itajubá, Agent on the part of the United States-J. C. BANCROFT DAVIS. Agent on the part of Great Britain-Right Honorable Lord TENTERDEN. Counsel for the United States-CALEB CUSHING, WILLIAM M. EVARTS, MORRISON R. WAITE. Counsel for Great Britain-Sir ROUNDELL PALMER. Solicitor for the United States-CHARLES C. BEAMEN, jr. The Johnson-Clarendon Convention. Convention between Great Britain and the United States of America for the settlement of all outstanding claims; signed at London, January 14, 1869. Whereas claims have, at various times since the exchange of the ratifications of the convention between the United States of It is understood, also, that such modification America and Great Britain, signed at London was not acceptable to the British Government; on the 8th of February, 1853, been made upon that upon the assembling of the Tribunal of the United States on the part of subjects of Arbitration at Geneva, June 15, it adjourned her Britannic Majesty, and upon the Governfrom time to time so as to enable some under- ment of her Britannic Majesty on the part of standing to be reached between the High Con- citizens of the United States; and whereas tending Powers, the agent of Great Britain re- some of such claims are still pending and fusing to present his case" and demanding remain unsettled, the President of the United protracted adjournment, while the agent of States of America, and her Majesty the Queen the United States insisted on the presentation of the United Kingdom of Great Britain and of such case" and opposed such adjourn Ireland, being of opinion that a speedy and ment; that June 27 a solution was reached, equitable settlement of all such claims will and the British "case" was lodged with the contribute much to the maintenance of the Tribunal; that June 28 the Tribunal again friendly feelings which subsist between the met and put upon record their decision, to countries, have resolved to make arrangethe effect that the "indirect claims," upon ments for that purpose by means of a convenpreliminary consideration by the Tribunal- tion, and have named as their plenipotentiaries such as comported with the dignity of the court to confer and agree thereupon, that is to say: and was satisfactory to both parties-have been The President of the United States of Amerdisposed of and set aside by a qualified dictum, ica, Reverdy Johnson, esq., envoy extraordin that if the Tribunal has jurisdiction in the matary and minister plenipotentiary from the Uniter of the indirect claims it rejects them, and ted States to her Britannic Majesty; that the court is in full possession of the whole And her Majesty, the Queen of the United matter of controversy except what has been put Kingdom of Great Britain and Ireland, the away; and at the same time the Tribunal re Right Honorable George William Frederick, fused the demand of Great Britain for a pro Earl of Clarendon, Baron Hyde of Hindon, a tracted adjournment, and took a recess until peer of the United Kingdom, a member of her July 15, in order to give time for the printing Britannic Majesty's most honorable Privy Counof the British case. As the seal of secrecy has cil, knight of the most noble order of the Garnot been removed from these latter proceed-ter, knight grand cross of the most honorable ings, the message, draft of article, and state ments touching the action of the Tribunal are given subject to the risk of possible error.] order of the Bath, her Britanuic Majesty's principal Secretary of State for Foreign Affairs; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows: ARTICLE I. The high contracting parties agree that all claims on the part of citizens of the United States upon the Government of her Britannic Majesty, including the so-called Alabama claims, and all claims on the part of subjects of her Britannic Majesty upon the Govern ment of the United States, which may have been presented to either Government for its interposition with the other since the 26th of July, 1853, the day of the exchange of the ratifications of the convention concluded between the United States of America and Great Britain, at London, on the 8th of February. 1853, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article III of this convention, whether or not arising out of the late civil war in the United States, shall be referred to four commissioners, to be appointed in the following manner, that is to say: two commissioners shall be named by the President of the United States, by and with the advice and consent of the Senate, and two by her Britannic Majesty. In case of the death, absence, or incapacity of any commissioner, or in the event of any commissioner omitting or declining or ceasing to act as such, the President of the United States, or her Britannic Majesty, as the case may be, shall forthwith name another person to act as commissioner in the place or stead of the commissioner originally named. investigate and decide upon such claims in such order and in such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective Governments. The official correspondence which has taken place between the two Governments respecting any claims shall be laid before the commissioners, and they shall, moreover, be bound to receive and peruse all other written documents or statements which may be presented to them by or on behalf of the respective Governments, in support of or in answer to any claim, and to hear, if required, one person on each side on behalf of each Government, as counsel or agent for such Government, on each and every separate claim. Should they fail to decide by a majority upon any individual claim, they shall call to their assistance the arbitrator or umpire whom they may have agreed upon, or who may be determined by lot, as the case may be; and such arbitrator or umpire, after having examined the official correspondence which has taken place between the two Governments, and the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the commissioners, shall decide thereupon finally and without appeal. thereupon, within six months, agree upon some sovereign or head of a friendly State, who shall be invited to decide upon such claim, and before whom shali be laid the official correspondence which has taken place between the two Governments, and the other written documents or statements which may have been presented to the commissioners in respect of such claims. The commissioners so named shall meet at Washington at the earliest convenient period after they shall have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, Nevertheless, if the commissioners, or any and according to justice and equity, without two of them, shall think it desirable that a fear, favor, or affection to their own country, sovereign or head of a friendly State should upon all such claims as shall be laid before be arbitrator or umpire in case of any claim, them on the part of the Governments of the the commissioners shall report to that effect United States and of her Britannic Majesty, to their respective Governments, who shall respectively, and such declaration shall be entered on the record of their proceedings. The commissioners shall then, and before proceeding to any other business, name some person to act as an arbitrator or umpire, to whose final decision shall be referred any claim upon which they may not be able to come to a decis ion. If they should not be able to agree upon an arbitrator or umpire, the commissioners on either side shall name a person as arbitrator or umpire, and in each and every case in which the commissioners may not be able to come to a decision, the commissioners shall determine by lot which of the two persons so named shall be the arbitrator or umpire in that particular case. The person or persons so to be chosen as arbitrator or umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration in a form similar to that made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such arbitrator or umpire, another person shall be named, in the same manner as the person originally named, to act as arbitrator or umpire in his place and stead, and shall make and subscribe such declaration as aforesaid. ARTICLE II. The commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to their notice. They shall The decision of the commissioners, and of the arbitrator or umpire, shall be given upon each claim in writing, and shall be signed by them respectively, and dated. In the event of a decision involving a ques tion of compensation to be paid being arrived at by a special arbitrator or umpire, the amount of such compensation shall be referred back to the commissioners for adjudication; and in the event of their not being able to come to a decision, it shall then be decided by the arbitrator or umpire appointed by them, or who shall have been determined by lot. It shall be competent for each Government to name one person to attend the commissioners as agent on its behalf, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all natters connected with the investigation and decision thereof. The President of the United States of America, and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, hereby solemnly and sincerely engage to consider the decision of the commissioners, or of the arbitrator or umpire, as the case may be, as abso lutely final and conclusive upon each of such claims, decided upon by him or them respectively, and to give full effect to such decision without any objection or delay whatsoever. It is agreed that no claim arising out of any transaction of a date prior to the 26th of July, 1853, the day of the exchange of the ratifications of the convention of the 8th of February, 1853, shall be admissible under this convention. ARTICLE III. Every claim shall be presented to the commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the commissioners, or of the arbitrator or umpire in the event of the commissioners differing in opinion thereupon; and then, and in any such case, the period for presenting the claim may be extended to any time not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within two years from the day of their first meeting. It shall be competent for the commissioners, or for the arbitrator or umpire if they differ, to decide in each case whether any claim has or has not been duly made, preferred, or laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this convention. ARTICLE IV. such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said commission, be considered and treated as finally settled and barred, and thenceforth inadmissible. ARTICLE VI. The commissioners and the arbitrator or umpire appointed by them shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ clerks or other persons to assist them in the transaction of the business which may come before them. The secretary shall be appointed by the Secretary of State of the United States and by her Britannic Majesty's representative at Washington jointly. Each Government shall pay the salaries of its own commissioners. All other expenses, and the contingent expenses of the commission, including the salary of the secretary, shall be defrayed in moieties by the two parties. ARTICLE VII. The present convention shall be ratified by the President of the United States, by and thereof, and by her Britannic Majesty; and the ratifications shall be exchanged at London as soon as may be within twelve months from the date hereof. with the advice and consent of the Senate All sums of money which may be awarded by the commissioners, or by the arbitrator or In witness whereof the respective plenipoumpire, on account of any claim, shall be tentiaries have signed the same, and have paid in coin or its equivalent by the one Gov-affixed thereto their respective seals. erament to the other, as the case may be, within eighteen months after the date of the decision, without interest. ARTICLE V. The high contracting parties engage to consider the result of the proceedings of this commission as a full and final settlement of every claim upon either Government arising out of any transaction of a date prior to the exchange of the ratifications of the present convention; and further engage that every Done at London, the fourteenth day of January, in the year of our Lord one thousand eight hundred and sixty-nine. [SEAL.] [SEAL.] REVERDY JOHNSON. CLARENDON. [NOTE.-Although the seal of secrecy has not been removed from the proceedings of the Senate upon this treaty, it is understood that but one vote-that of Mr. Thomas C. McCreery, of Kentucky was given in favor of its ratification.-E. McP.] XVIII. FEMALE SUFFRAGE. Report of the Committee on the Judiciary of the House of Representatives. 1871, January 30-Mr. BINGHAM, from the Committee on the Judiciary, to which was referred the memorial of Victoria C. Woodhull, made the following report; which was recommitted and ordered printed: The memorialist asks the enactment of a law by Congress which shall secure to citizens of the United States in the several States the right to vote without regard to sex." Since the adoption of the fourteenth amendment of the Constitution there is no longer any rea son to doubt that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside; for that is the express declaration of the amendment. The clause of the fourteenth amendment, "no Stete shall make or enforce any law which shall abridge the privileges or immun. ities of citizens of the United States," does not, in the opinion of the committee, refer to privileges and immunities of citizens of the United States other than those privileges and immunities embraced in the original text of the Constitution, article four, section two. The fourteenth amendment, it is believed, did not add to the privileges or immunities before mentioned, but was deemed necessary for their enforcement as an express limitation upon the powers of the States. It had been judicially determined that the first eight articles of amendment of the Constitution were not lim itations on the power of the States, and it was apprehended that the same might be held of the provision of the second section, fourth article. To remedy this defect of the Constitution, the express limitations upon the States contained in the first section of the fourteenth amendment, together with the grant of power in Congress to enforce them by legislation, were incorporated in the Constitution. The words "citizens of the United States," and "citizens of the States,' as employed in the fourteenth amendment, did not change or modify the relations of citizens of the State and nation as they existed under the original Constitution. Attorney General Bates gave the opinion that the Constitution uses the word "citizen" only to express the political quality of the individual in his relation to the nation; to declare that he is a member of the body-politic, and bound to it by the reciprocal obligation of allegiance on the one side and protection on the other. "The phrase a citizen of the United States,' without addition or qualification, means neither more nor less than a member of the nation." (Opinion of Attorney General Bates on citizenship.) The Supreme Court of the Unites States has ruled that, according to the express words and clear meaning of the second section, fourth article of the Constitution, no privileges are secured by it except those which belong to citizenship. (Conner et al. vs. Elliott et al., 18 Howard, 593.) In Corfield vs. Coryell, (4 Washington Circuit Court Reports, 380,) the court say: "The inquiry is, what are the privileges and immunities of citizens in the several States? We feel no hesitation in confining these expressions to those privileges and immunities which are in their nature fundamental; which belong of right to the citizens of all free Gov ernments, and which have at all times been enjoyed by the citizens of the several States which compose this Union, from the time of their becoming free, independent, and sover eign. What these fundamental principles are would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads: protection by the Government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the Government may justly prescribe for the general good of the whole; the right of a citizen of one State to pass through or to reside in any other State for the purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefit of the writ of habeas corpus ; to institute and maintain actions of any kind in the courts of the State; to take, hold, and dispose of property either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the State may be mentioned as some of the particular privileges and immunities of citizens which are clearly embraced by the general description of privileges deemed to be fundamental; to which may be added the elective franchise as regulated and established by the laws or constitution of the State in which it is to be exercised." * "But we cannot accede to the proposition which was insisted on by the counsel, that under this provision of the Constitution (section two, article four) the citizens of the several States are permitted to participate in all the rights which belong exclusively to the citizens of any other particular State. * * * The learned Justice Story declared that the intention of the clause ("the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States") was to confer on the citizens of each State a general citizenship, and communicated all the privileges and immunities which a citizen of the same State would be entitled to under the same circumstances. (Story on the Constitution, volume two, page 605.) In the case of the Bank of the United States vs. Primrose, in the Supreme Court of the United States, Mr. Webster said: "That this article in the Constitution (article four, section two) does not confer on the citi zens of each State political rights in every other State, is admitted. A citizen of Pennsylvania cannot go into Virginia and vote at any election in that State, though when he has acquired a residence in Virginia, and is otherwise qualified as is required by the constitution (of Virginia) he becomes, without formal adoption as a citizen of Virginia, a citizen of that State politically. (Webster's Works, volume six, page 112.) It must be obvious that Mr. Webster was of opinion that the privileges and immunities of citizens, guarantied to them in the several States, did not include the privilege of the elective franchise otherwise than as secured by the State constitution. For, after making the statement above quoted, that a citizen of Pennsylvania cannot go into Virginia and vote, Mr. Webster adds, "but for the purposes of trade, commerce, buying and selling, it is evidently not in the power of any State to impose any hinderance or embarrassment, &c., upon citizens of other States, or to place them, going there, upon a different footing from her own citizens." (Ibid.) The proposition is clear that no citizen of the United States can rightfully vote in any State of this Union who has not the qualifications required by the constitution of the State in which the right is claimed to be exercised, except as to such conditions in the constitution of such States as deny the right to vote to citizens resident therein "on account of race, color, or previous condition of servitude." The adoption of the fifteenth amendment extend to the qualification of the electors. of the Constitution, imposing these three limit- This power to prescribe the qualification of ations upon the power of the several States, electors in the several States has always been was, by necessary implication, a declaration exercised, and is to-day, by the several States that the States had the power to regulate by a of the Union; and we apprehend, until the uniform rule the conditions upon which the Constitution shall be changed, will continue to elective franchise should be exercised by citi- be so exercised, subject only to the express zens of the United States resident therein. limitations imposed by the Constitution upon The limitations specified in the fifteenth the several States, before noticed. We are of amendment exclude the conclusion that a opinion, therefore, that it is not competent for State of this Union, having a government the Congress of the United States to establish republican in form, may not prescribe con- by law the right to vote without regard to sex ditions upon which alone citizens may vote in the several States of this Union without other than those prohibited. It can hardly be said that a State law which excludes from voting women citizens, minor citizens, and non-resident citizens of the United States, on account of sex, minority, or domicile, is a denial of the right to vote on account of race, color, or previous condition of servitude. to all citizens, without regard to sex; and as public opinion creates constitutions and governments in the several States, it is not to be doubted that whenever, in any State, the people are of opinion that such a reform is advisable, it will be made. the consent of the people of such States and against their constitutions and laws; and that such legislation would be, in our judgment, a violation of the Constitution of the United States, and of the rights reserved to the States respectively by the Constitution. It is undoubtedly the right of the people of the sevIt may be further added that the second sec-eral States so to reform their constitutions and tion of the fourteenth amendment, by the pro- | laws as to secure the equal exercise of the vision that "when the right to vote at any right of suffrage at all elections held therein, election for the choice of electors of Presi- under the Constitution of the United States, dent and Vice President of the United States, Representatives in Congress, or executive and judicial officers of the State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, a citizen of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State," implies that the several States may restrict the elective franchise as to other than male citizens. In disposing of this question effect must be given, if possible, to every provision of the Constitution. Article one, section two, of the Constitution provides: "That the House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature." This provision has always been construed to vest in the several States the exclusive right to prescribe the qualifications of electors for the most numerous branch of the State Legislature, and therefore for members of Congress. And this interpretation is supported by section four, article one, of the Constitution, which provides If, however, as is claimed in the memorial referred to, the right to vote is vested by the Constitution in the citizens of the United States without regard to sex," that right can be established in the courts without further legislation. The suggestion is made that Congress by a mere declaratory act shall say that the coustruction claimed in the memorial is, the true construction of the Constitution, or, in other words, that by the Constitution of the United States the right to vote is vested in citizens of the United States without regard to sex,' anything in the constitution and laws of any State to the contrary notwithstanding. In the opinion of the committee such declaratory act is not authorized by the Constitution nor within the legislative power of Congress. We therefore recommend the adoption of the following resolution: Resolved, That the prayer of the petitioner be not granted; that the memorial be laid on the table, and that the Committee on the Judiciary be discharged from the further consideration of the subject. February 1-Mr. LOUGHRIDGE, from the same committee, submitted the following minority report, (which, from its extreme length, it becomes necessary to condense,) signed by himself and Mr. B. F. BUTLER: * * * * * * * * That the time, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations except as to the place of choosing Senators." The question presented is one of exceeding Now, it is submitted, if it had been intended interest and importance, involving as it does that Congress should prescribe the qualifica- the constitutional rights not only of the metion of electors, that the grant would have morialist but of more than one half of the citiread the Congress may at any time by law zens of the United States-a question of constimake or alter such regulations, and also pre-tutional law in which the civil and the natural scribe the qualification of electors, &c. The rights of the citizen are involved. Questions power, on the contrary, is limited exclusively of propriety or of expediency have to the time, place, and manner, and does not do with it. The question is not nothing to "Would it |