Referring to the third section of the joint resolution, Mr. Wade remarked: "I am for excluding those who took any leading part in the rebellion from exercising any political power here or elsewhere now and forever; but as that clause does not seem to effect that purpose, and will probably effect nothing at all, I do not think it is of any consequence that it should have a place in the measure."
On the 24th of May, Mr. Stewart spoke three hours on the constitutional amendment. He advocated the extension to the States lately engaged in rebellion of all civil and political rights on condition of their extending impartial suffrage to all their people. He announced his policy as that of "protection for the Union and the friends of the Union, and mercy to a fallen foe. Mercy pleaded generous amnesty; justice demanded impartial suffrage. I proposed pardon for the rebels and the ballot for the blacks." Of the Committee on Reconstruction, Mr. Stewart said: "I realize the difficulties which they have been called upon to encounter. They have acted a noble part in their efforts to harmonize conflicting opinions. I rejoice in the manner in which the report is presented, and the liberal spirit manifested by the committee toward those who are anxious to aid in the perfection of their plan."
Mr. Johnson moved to strike out the third section, without offering a substitute.
Mr. Sherman offered a substitute for the second and third sections, apportioning representation according to the number of male citizens qualified to vote by State laws, and apportioning direct taxes according to the value of real and personal property.
The constitutional amendment was not again brought up for consideration in the Senate until Tuesday, May 29th. The several days during which the discussion was suspended in the Senate were not fruitless in their effect upon the pending measure. The amendment was carefully considered by the majority in special meetings, when such amendations and improvements were agreed upon as would harmonize the action of the Republicans in the Senate.
The first action of the Senate, when the subject was resumed, was to vote upon Mr. Johnson's motion to strike out the third section, which was passed unanimously—yeas, 43; nays, 0.
Mr. Howard, acting for the committee, then offered a series of amendments to the joint resolution under consideration. The first of these provided for the insertion as a part of section one, the following clause:
"All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside."
Another modification moved by Mr. Howard was the insertion, in place of the third section already stricken out, a clause disabling certain classes of rebels from holding federal offices. This amendment was substantially the same as that previously proposed by Mr. Clark.
It was proposed to amend section four, which, as passed by the House, simply repudiated the rebel debt, by inserting the following clause: