It augured the final success of the entire amendment in the Senate, that the numerous propositions to amend, made by those unfavorable to the measure, were voted down by majorities of more than three-fourths.
Mr. Doolittle, speaking in opposition to the third section, said that it was putting a new punishment upon all persons embraced within its provisions. "If," said he, "by a constitutional amendment, you impose a new punishment upon offenders who are guilty of crime already, you wipe out the old punishment as to them. Now, I do not propose to wipe out the penalties that these men have incurred by their treason against the Government. I would punish a sufficient number of them to make treason odious."
"How many would you like to hang?" asked Mr. Nye.
"You stated the other day that five or six would be enough to hang," replied Mr. Doolittle.
"Do you acquiesce in that?" asked Mr. Nye.
"I think I ought to be satisfied," replied Mr. Doolittle, "if you are satisfied with five or six.
"The insertion of this section," said Mr. Doolittle, continuing his remarks, "tends to prevent the adoption of the amendment by a sufficient number of States to ratify it. What States to be affected by this amendment will ratify it?"
"Four will accept that part of it," said Mr. James H. Lane.
"What four?" asked Mr. Doolittle.
"Virginia, Tennessee, Arkansas, and Louisiana," replied Mr. Lane. "I saw some gentlemen on Monday from Tennessee, who told me that this particular clause would be the most popular thing that could be tendered. And the very men that you want to hang ought to accept it joyfully in lieu of their hanging." [Laughter.]