If the suggestion of the senator from Indiana is not adopted," continued Mr.Johnson, "then all who have at any time held any office under the United States, or who have been in any branch of the Legislature of a State, which they could not be without taking the oath required by the Constitution of the United States, are to be excluded from holding the office or senator or representative, or that of an elector for President or Vice-President, or any office, civil or military, under the United States." Mr.Fessenden reminded the senator from Maryland that the provision, as proposed by the committee, included exactly those classes to whom the obligation of an oath to support the Constitution was prescribed in the sixth article of the Constitution, namely "Senators and representatives and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and the several States, shall be bound by oath or affirmation to support this Constitution." Mr.Sherman of Ohio pointed out that the amendment of Mr.Hendricks would exclude from the operation of the section those who had left the army of the United States to join the Rebellion.

Mr.Hendricks's amendment received but eight votes in the Senate, falling short of the admitted Administration strength.

Mr.Reverdy Johnson moved to strike out the words which included members of the State Legislatures, but the amendment secured only ten votes.

He also moved to strike out the words "having previously taken," and insert "at any time within ten years preceding the 1st of January, 1861, had taken;" and this also received but ten votes.

Mr.Van Winkle moved to amend so that a majority of all the members elected to each House should be empowered to remove the disability, instead of two-thirds as required by the amendment.