Mr. VANWINKLE. I offer the following amendment to come in as a new section: Snc. Every personnotmentioned or described in sectionth reoo this article who shallhave ‘en aged in insurrection or robe lion againstthe U.S and against whom no prosecution for treason has been instituted before the expiration ofyears from the termination or suppression of such insurreotion or rebellion, who shall thereafter before a court of record make oath to support the Constitution of the U.S shall thereuponbe forever acquittedand discharge defand fromall sins, pon alties liabilities, disabilitics, anddisqualicationsin curred under the Constitution or laws of the U.S., or of an State, by urticipation in such insurrection or rebellion and i previously a.citizen of the U.S shall be thereby restoredto all rights, privileges, and immunities of citizonship. But noth in this sectioncontained shall prevent the congresspassinga generalor special act of amnest asto any or all personsincluded in its provisions before the expiration of the said years. I do not propose, Mr. President, to detain the Senate for a moment by advocating the provisions of this amendment. If they do not commend themselves to Senators I am sure that nothing I could say would' he] the case. The object is easily perceived. It is, if we can, to make a finality of this matter; that while we have excluded certain persons from representation and from artici ntion in the Government, the large clhss 0 persons who will still remain shall at some time and I have left the number of ears blank be released from the pains and penlaties they have incurred, or are suppose to have in cui'red, for it is exceedingly doubtful, 1 presume, what disabilities the mere fact of having engaged in the rebellion imposed upon them without a trial and conviction of treason. I have framed the amendment with a view, of course, as it is proposed to go into the constitution, of applying to the future as well as to the present case; and I think if our attention could be drawn to this point, and all the amendments that are proposed here were considered in that light, we should be more able to separate ourselves from the feelings and prejudices of the moment and to act understandingly upon the subject. I propose by this amendment that all those persons who are not embraced in the 3rd section, which section, I take it, will include the most of those who were the instigators and foinenters of the rebellion, and all against whom no prosecution for treason shall be commenced within a certain number of years, shall upon the expiration of that time, by taking an oath thereafter to support the Constitution, in the usual form, he exonerated from all pains and penalties in consequence of their action. I need not say that there is something due to these people, even when their delinquency is fully admitted. They are now in a situation where they know not what will be their future, and I think it is due to the business of the country and to the more earl resumption of the former friendly relations that existed between us and the people of those States, that something of this nature should at this time and in this connection being grafted upon the Constitution, or should accompany the section which excludes certain descriptions of persons. I trust, sir, at any rate, that this amendment, or the spirit of it for I am not anxious about the words may receive such consideration from the Senators in the majority as will induce them to give itafair hearing. It is offered in good faith. I have not shown it or named it to a single person. If there is any responsibility attendingit, it is wholly my own. I am certain, from my own knowledge and from the interviews I have had with many of the southern people since I have been here, and from my uowledge and interviews with such persons in my own State, that it is more important to them that some time should be fixed when their disabilities shall terminate than that the time should be either early or late. I have left in blank the time to be fixed. if it was an open question, if it related only to the future, I shoii d be inclined to fix the time at not exceedin 3 years; but taking into considerationt e circumstances under which we are placed it may be fixed at a longer period if such be the judgment of the Senate. I do not know, at this moment, at what time this rebellion terminated or was suppressed in ablegal point of view. know that in case of foreign war peace is generally made by treaty, and that treaty is not in force until it is proclaimed to be in force by the President, an b that treaty notice is generally given where an when hostilities shall cease; that is to say, in reference to vessels that are in foreign seas and in different parts of the world. There has been, I believe, a proclamation by the President, in which he stated that the rebellion was at an end, but the State of Texas was omitted from that category. Whether that would be the proper time to fix as the time when the war or rebellion terminated or was suppressed I cannot say, but I think that this is an endeavor, at least, to aEord a means by which the constitutioual amendments now pending may be made a finality. You exclude by a section already adopted certain persons from being members of this body and from holding other offices. In the next place it is left open to you by the amendment I have proposed until the expiration of whatever number of years may be fixed, to institute proceedings against any others whom you think ought to he proceeded against. Having made the election, then, to exclude one class entirely and to prosecute another class, the residue are those whom I propose to declare freed from the pains and penalties and disabilities and disqualifications the have incurred. it is to meet that case, to may re, if I can, a finality of this matter, that I have proposed the amendment, and my own judgment is that the requisite number of States are more likely to adopt the amendment in gross with some provision of this character, at least, accompanyingit; that is to say, that the mass of the people South, including a great many who were misled by those upon whom they usually depended for information as to the proper conduct they should pursue, and who were forced into the service under other circumstances, wherein the cannot be said to have been mor ally blamab e, should be relieved and released at once. At present they do not know what is to be their fate, and that uncertainty is preventing things settling down in quiet; in the southern States. I as Senators again to give this proposition a fair consideration before they reject it.