use acting as the judge of the qualifications of its
members, both Houses agreed that neither should take a step in that
regard until there had been common action declaring the State entitled
to representation. A similar proposition at the opening of the session
had been defeated in the Senate: its ready adoption now showed how the
contest between the President and Congress was driving the latter day
by day to more radical positions.

After the defeat in the Senate of the amendment touching
representation, and the postponement by the House of another amendment
reported from the Committee on Reconstruction touching the protection
of citizens in their rights and immunities, there was a general
cassation of discussion on the question of changing the Constitution,
and a common understanding in both branches to await the formal and
final report of the Committee. That report was made by Mr. Stevens
on Monday, the 30th of April.(1) It consisted of a joint resolution
proposing an amendment to the Constitution of the United States, in
which were consolidated under one article the several amendments which
had been proposed, and which in their aggregate, as finally shaped,
made up the famous Fourteenth Amendment. In addition to this was a
bill reciting the desirability of restoring the lately revolted States
to full participation in all political rights, and enacting in
substance that when the Constitutional amendment should be agreed to by
them, their senators and representatives in Congress might be admitted.
A further bill was reported, declaring certain persons who had been
engaged in rebellion to be ineligible to office under the Government
of the United States.

The debate on the consolidated Fourteenth Amendment was opened on the
8th of May by Mr. Stevens. The House had agreed that all speeches
should be limited to half an hour. The debate was therefore condensed
and direct. Mr. Stevens complained of the Senate for having defeated
the amendment relating to representation, and though assenting to
that which was now reported by the committee, thought it inferior to,
and less effective than, the one which had failed. The third section
he thought too lenient. "There is," said he, "a morbid sensibility
sometimes called mercy, which affects a few of all classes from the
priest to the clown, which has more sympathy for the murderer on the
gallows than for his victim. I hope I have a heart as capable of
feeling for huma