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," and that "persons who had violated the oath to support the Constitution of the United States ought not to be allowed to hold any office." Mr.
Howard hoped the amendment would not be adopted.

"If," said he, "I understand the senator from Indiana right, he holds that although a person may have taken that Constitutional oath, if he has not committed insurrection during the continuance of the term of his office, but committed that act after the expiration of that term, the previous taking of the oath by him adds to the act no additional moral guilt.

I do not concur with him in that view.

It seems to me that where a person has taken a solemn oath to support the Constitution of the United States, there is a fair implication that he cannot afterwards commit an act which in its effect would destroy the Constitution of the United States, without incurring at least the moral guilt of perjury." Mr.Reverdy Johnson supported Mr.Hendricks's amendment.

"The effect of the amendment of the committee," said he, "would be to embrace nine-tenths, perhaps, of the gentlemen of the South, to disfranchise them until Congress shall think proper, by a majority of two-thirds of each branch, to remove the restriction.