on. The amendment came to a vote on the 10th of May and the
result was 128 _ayes_ to 37 _noes_. Not a single Republican vote was
cast against it. Mr. Raymond voted in the affirmative, and his ringing
response elicited loud applause both on the floor and in the galleries.

When the Senate proceeded to consider the Constitutional amendment it
soon became evident that it could not be adopted in the form in which
it came from the House. The first important change was suggested by
Mr. Howard of Michigan on behalf of the Senate members of the Joint
Committee on Reconstruction. He proposed to prefix these words to the
first clause of the amendment: "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." Mr. Doolittle moved
to insert "excluding Indians not taxed," but Mr. Howard made a
pertinent reply that "Indians born within the limits of the United
States, who maintain their tribal affiliations, are not in the sense
of this amendment _born subject to the jurisdiction of the United
States._" Mr. Doolittle's amendment was supported by only ten senators
on a call of the _ayes_ and _noes_, and the amendment proposed by Mr.
Howard was then agreed to without division. Mr. Howard next proposed
to amend the second section of the constitutional amendment by striking
out the word "citizens" and inserting "inhabitants, being citizens of
the United States." This was done, as Mr. Fessenden explained, "to
prevent a State from saying that though a person is a citizen of the
United States he is not a citizen of the State, and to make it conform
to the first clause as just amended."

Mr. Howard offered next to change the third clause as it came from the
House by inserting a substitute, which is precisely that which became
formally incorporated in the amendment as it passed. Mr. Hendricks of
Indiana moved to amend by inserting after the word "shall" the words
"during the term of his office," so as to read, "shall, during the term
of his office, have engaged in insurrection or rebellion." Mr.
Hendricks understood "the idea upon which this section rests, to be
that men who held office, and upon assuming the office took the oath
prescribed by the Constitution, became obligated by that oath to stand
by the Constitution and the oath," and that "going into the Rebellion
was not only a breach of their allegiance but a breach of their oath,"