The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-05-31
The Constitutional Amendment in the Senate

The constitutional Amendment in the Senate
At one O'Clock Tuesday, the House PROPOSE
tiOn came up as special order in the Senate
The question was at once taken on Mr.. john
sons motion to strike out its third section,
viz: that disqualifying rebels till 1870. He
ana MS friends were not aware that it had
been agreed in the Union caucus to reject
this, and so called the yeas and nays on his
motion. He appeared not little surprised to
lind it supported by everybody. Mr. Howard,
who, pecarse of Mr.. Fessenden's illness, was
given charge of the amendment in the SEN
ate, tnen brought forward, as a substitute for
1t, the proposition which had been agreed up
on IN caucus. The new amendment was
drawn by Senator Fessenden, but he comedies
to Messis. Howard and Grimes the credit of
its admirable phraseology. When perfected
by Two or three verbal changes, it was adopt
ed by the unanimous vote of the caucus, and
as agreed upon runs as follows: 9l
SECTION l. All persons born in the United
states ana subject to the jurisdiction thereof,
are citizens of the United States and of the
states wherein they reside. No State shall
make or enforce any law which shall abridge
the privileges or immunities of citizens of the
United States, nor shall any State deprive any
person OF life, liberty or property without due
process of law, nor deny to any person within
It's jurisdiction the equal protection of the
laws.
SEC. 2 Representatives shall be apportioned
among the several States which may be inclu-
ded within this Union, according to their re-
spectiVe numbers, counting the whole number
OF persons in each State, excluding Indians
not taxed ; but whenever, many State, the cleo
tive franchise shall be denied to any persons OF
its male inhabitants, being citizens of the Uni
/ ted States not less than u years of age, or in
any way abridged except for participation in
rebellion or other crime, the basis of represen-
taGon III such State shall be reduced in the
proportion which the number OF such male cit
lzens shall bear to the whole number of male
citizens not less than q years of age in such
SEC. g. No person shall be senator or rep
resentative in Congress, or an elector of Presi-
dent and Vice-President or hold any office
clvil or military, under the United States or
under any State, who, having previously taken
an oath as member of Congress or officer OF
the United States, or as member of any State
Legislature, OF as an executive or judicial Off
Ger OF any State, to support the Constitution OF
the United States, shall have engaged in insur-
rectlon or rebellion against the same, or given
aid and comfort to the enemies thereof: but
Congress may, by vote Of two-thirds of each
house, remove such disability.
SEC. All obligations of the United States
incurred IN Suppressing insurrection or in de-
fence OF the Union, or for payment of bounties
or pensions incident thereto, shall remain invi-
olate. FTT 1lI7l 7f7I,l
SECS. Neither the United States nor any
state shall assume or pay any debt or obliga-
ti0n incurred in aid of insurrection or rebellion
against the United States, or any claim for COM
pensatioD for emancipation OF any slave, and
such debts and obligations and claims shall be
forever held Illegal and void.
Sec. 6. Congress shall have power to enforce,
by. appropriate legislation, the provisions Of
this article. A
1t will be observed that this amendment diff
fers in several important particulars from that
passed fortnight ago by the House. The
first clause Of the first section and the whole
OF the third and fourth sections are new,
though the third section is a substitute for the
section OF the same number in the House
proposition. That, it will be remembered,
disfranchised the rebels till 1870. This, it
will be seen, does not restrict the rights OF srl-
frage, but rather the privilege of office-hold-
ing, and the point made against that by Sec
retary Stanton, viz, that it tied the hands of
Congress by amendment of the Constitution,
cannot be made against this, as its last clause
gives Congress the power, at any time by
two-thirds vote, to remove the disability of
holding Office.
The new clause in the first section, defining
citizenship in the States as well as in the Uni
ted States, is regarded on all hands as a very
important modification. The amendments to
the third section are not material. A strong
effort was made to secure some recognition Of
educational qualifications as basis of suf-
frage, but it was held inexpedient by the ma
jority to insist upon it at the present time.