When  the  Senate  proceeded  to  consider  the  Constitutional  amend
ment  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  per
sons  born  in  the  United  States,  and  subject  to  the  jurisdiction  there
of,  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  re
lations,  are  not  in  the  sense  of  this  amendment  lorn  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


208  TWENTY  YEARS  OF  CONGRESS.
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.
