May 9, 1866 (4)

Mr. STEVENS. I desire to give notice that unless the House shall feel otherwise inclined I will to morrow at three o'clock, call the previous question, and ask a vote on this joint resolution. Several of our friends wish to go away to morrow evening, and I desire that they shall have" the pleasure of voting for this measure before they leave the city.

Mr. SPALDING. Mr. Speaker, the report of the committee has elicited in this House a most searching criticism. It is approved and disapproved, either wholly or in part, according to the views entertained by the particular individuals who have obtained the floor.

It does not, in all respects, come up to the standard which my imperfect judgment had erected, but I have lived long enough to know that very few things of a public character can be accomplished without some abnegation of one s own notions of propriety, and a respectful deference to the opinions of others.

The joint committee on reconstruction was made up of able aiid patriotic men. They have labored assiduously for nearly six months, and have now given to us the result of their deliberations in certain proposed amendments of the Constitution, and sundry propositions for legislative enactment.

Regarding it as more important that some definiteprojet bo presented by Congress to the people of the United States than that the plan itself approach very nearly to perfection, and fearing the effect of amendments upon the successful passage of the measures proposed through Congress, I have brought my mind to the conclusion that I shall best subserve the cause of patriotism and the country s good by voting severally and collectively for the measures reported by the committee.

We are in the process of legislation to bring back into the councils of the nation a class of citizens who during the last five years have avowed the most inveterate hostility to our Government and its free institutions, and who have waged a most cruel war against our people upon the battle field Does any sane man believe that the loyal people of the United States who have submitted to these great sacrifices, who have incurred the risk of losing the benefit of the free institutions handed down to them by our fathers, who have, by the bravery of their sons, put down this accursed rebellion upon the battle field I say, does any reflecting man suppose that wo are so bereft of our senses as to admit these same men, "without a why or a wherefore," into the Halls of Congress to make laws for our government, and the government of our fellowcitizens at home, who are quite as loyal as ourselves? Sir, it is idle to say that any sane man expects it. It seems to me that the only question for our consideration is, what guarantees may Congress exact from this rebellious people—a people who not only fought us, but who declared time and again that they detested our principles of government, and that they would sooner unite with the monarchies of Great Britain and France than live under our free Government with the race they in derision termed "the Yankees?"

It lias been said in high places that treason was the greatest of crimes, and that it should be made known for the benefit of all coming generations, and as an example to the civilized world that traitors would surely be punished. We have heard it said by those in authority that the leading traitors should bo tried and hung, while the infatuated rank and file might be pardoned. That is very well; but I would inquire, what leading traitors have been hung? What leading traitor has been hung? What leading traitors or what leading traitor will be hung?

Mr. GRINNELL. Mrs. Surratt.

Mr. SPALDING "Mrs. Surratt!" She was tried and sentenced and hung as an assassin, and not as a traitor.

Now, sir, we propose to amend the Constitution of the United States in several respects. As to the first measure proposed, a pei sdtt may read it five hundred years hence without gathering from it any idea that this rebellion ever existed. The same may be said of the second proposition, for it only proposes that, the bondsmen being made free, the apportionment of Representatives in Congress shall lis basedupon the whole number of persons who exercise the elective franchise, instead of the population.

The third section—and this is the one to which exception is taken by my friends on the right and left—proposes that no person who was actively engaged in rebellion against our Government shall have the right to vote for members of Congress or for electors of the President and Yico President of the United States until the year 1870. Is this exceptionable? Is it objectionable? If it he so, it is, in my judgment, for the reason that the duration of the period of incapacity is not extended more widely. I take my stand here that it is necessary to ingraft into that enduring instrument, called the Constitution of the United States, something which shall admonish this rebellious people and all who shall come after them that treason against the Government ia odious; that it carries with it some penalty, some disqualification; and the only one which wo seek to attach by this amendment is a disqualification in voting—not for their State and county and town officers, but for members of Congress, who are to be the law makers and for the Executive of the United States, this disqualification to operate for the short period of four years. Now, sir, will any patriotic, any loyal man object to putting this memorial upon the Constitution as they would put" memento mori" upon the head of a tombstone?

But, sir, there is another reason why we should ingraft this provision upon the Constitution. All our congressional legislation may bo considered as ephemeral. I know that my friends on the other side of the House always take courage when wo advance the idea that at some remote period they may gain possession of the controlling power in these Halls and carry measures according to the dictates of their own wisdom and sense of patriotism. Sir, let the effect fall where it may, and give consolation to whom it will, I still declare that all these matters are within the bounds, not only of possibility, but of probability, that at some not very remote period, if wo admit Representatives from the rebel States into this Hall without qualification, the prospect is that, in conjunction with their friends who have so strongly sympathized with them during the four years of this recent strife, they will repeal many, if not all, of the measures which we have adopted for the welfare and the salvation of the country. Hence I insist that something of this sort should go into the Constitution, where it shall require not only the action of the Senate and the House of Representatives, but the action of the State Legislatures to erase it. For this reason, and because it is dangerous at this moment to receive these men here to make laws for the loyal people of the country, I go for the adoption of this third section, which disqualifies active and known rebels from participating in the election of Federal officers.

Mr. Speaker, much is said, much has been said—too much, sometimes, has been said— about the difference between Congress and the Executive of the nation. Sir. I look upon this subject in a somewhat different light from some of my friends whose superior wisdom I am proud to acknowledge. I feel that under our Government we owe some deference to the station of the President of the United States; and I feel that, however we may differ in sentiment with the incumbent of that high office, we ought, at all times and under all circumstances, to treat him respectfully. Hence I would have preferred, from the first hour of this Congress to the last, that there should have been no personal abuse of the incumbent of the presidential chair.

I honor my friends for standing up manfully to their own opinions. There is a difference between the President and Congress; and, as t conceive, that difference amounts to this: the majority in Congress believe that it would be prejudicial to the best interests of our Government and nation to receive back, immediately and unconditionally, the men jvho were lately in rebellion. I believe this, as I believe any other great truth which was ever set before my mind for belief. I have no doubt upon the subject. Hence I cannot but be surprised that a gentleman who has gone through the experience of the President of the United States should be willing and ready to trust those men now without having some of those guarantees which we are insisting upon. It is a difference of policy, as gentlemen say. Let it be a difference of policy. We will admit that our policy is to receive back these rebellious States with suitable guarantees.

Itis the policy of thePresident. of the United States, in the faith that they will conduct themselves loyally and properly, to receive them without these guarantees.

I suppose these to be the respective systems of policy of the President and of Congress. While we maintain steadfastly what we believe to bo the rights of the legislative branch of this Government, while we adhere firmly to our opinions and go on legislating for such measures as we suppose the public good demandsat our hands, and doitfmnly, decidedly, independently, may we not, at the same time, do it without casting personal reproach upon or indulging in personal abuse of the incumbent of the presidential chair? Sir, I believe I have the character among my constituents of being sufficiently radical for all useful purposes. I am prepared lo vote here with my party friends, side by side with him who goes for the most extreme measures, but at the same time I deny the necessity of using personal invectives toward the Executive of the nation or the heads of the Departments. It cannot be necessary. It is not justifiable. We have all business to transact for our constituents with the President and the Departments. We must necessarily be brought into contact with them, and we expect to be received and treated by them as gentlemen. Why cannot we speak of them without indulging in vilification and abuse?

1 have already said that, believing in the wisdom, patriotism, and sagacity of the committee which has reported the measures under consideration, I shall avail myself of their praiseworthy labors and shall vote for one and all of their propositions. I am content to take the whole of them, and hope they will be put through both branches of Congress, so that the people may see that wo have a policy as well as the President.

Mr. MILLEKs Mr. Speaker, I am glad that the committee on reconstruction, through their honorable chairman, [Mr. Stevens,] have reported to this House a proposition for certain amendments to the Constitution of the United States, which, if approved by two thirds of both Houses and then ratified by the Legislatures of three fourths of the several States, will become a part thereof.

The article of the proposed amendment contains five sections.

The first provides that no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. The second section provides that Representatives shall be apportioned among the several States which may be included within the Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever in any State the elective franchise shall be denied to any portion of its male citizens not less than twenty one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty one years of age. The third section prohibits, until the 4th of July, 1870, from voting for Representatives in Congress and for electors of President and Vice President of the United States, alljpersons who voluntarily adhered to the late insurrection, giving it aid and comfort.

The fourth section provides that—

Neither the United States nor any Stale shall assume or pay any debt or obligation already incurred in aid of insurrection 01* war against the United States, or for any claim for compensation for loss of involuntary service or labor.

And the fifth section gives Congress the power to enforce by appropriate legislation the provisions of this article.

These proposed amendments now being under consideration, I will give my views briefly in regard to them.

As to the first, it is so just that no State shall deprive any person of life, liberty, or property without due process of law, nor deny equal protection of the laws, and so clearly within the spirit of the Declaration of Independence of the 4th of July, 1776, that no member of this House can seriously object to it.

The next, as to representation; I deem the most, important amendment, and is in fact the corner stone of the stability of our Government. In the Constitution of the United States of 17th of September, 1787, in section two, under article one, it is provided that—

"Representatives and direct taxes shall be apportioned among the several States which may he included within this Union according to their respective numbers, which shall bo determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons." The word "slave" was not very palatable to the venerable gentlemen who framed that Constitution, and therefore they used the words "all others," which, of course, meant slaves. Before the rebellion the slave Statesliad a representation in Congress of nineteen for slaves and about five for free blacks, and slavery being now abolished, the other two fifths would add say thirteen more, making about thirtyseven Representatives from the black man s population. Now, conceding to each State the right to regulate the right of suffrage, they ought not to have a representation for male citizens not less than twenty one years of age, whether white or black, who are deprived of the exercise of suffrage. This amendment will settle the complication in regard to suffrage and representation, leaving each State to regulate that for itself, so that it will be for it to decide whether or not it shall have a representation for all its male citizens not less than twentyone years of age.

This amendment, Mr. Speaker, if adopted, will give the country a sufficient guarantee against any contingency that might arise in the admission of representatives from the States lately in rebellion mean such men as did not voluntarily engage in the rebellion, and can take the oath prescribed by existing laws. I do not regard the amendment of the constitutions of those States of much practical importance, for the same power that makes the amendments may unmake; but to annul on amendment to the Constitution of the United States requires the consent of two thirds of both Houses of Congress and a ratification by the Legislatures of three fourths of the several States or by a convention in three fourths thereof, as the one or the other mode of ratification may be proposed by Congress; and if this amendment is adopted it is not likely it will ever be altered so as to endanger the loyal States mean by the loyal States those States that aided us in putting down the rebellion.

Mr. Speaker, as we have now a large Union majority in both Houses, it is the time to pass the requisite amendments, so as to have the same submitted to the respective States for ratification, and I trust that the Governors of those States whose Legislatures may have adjourned will, immediately after the approval of these amendments by Congress, convene the Legislatures in order that they may ratify them.

The third section, though it seems just on its face, I doubt the propriety of embodying it with the other amendments, as it may retard, if not endanger, the ratification of the amendment in regard to representation, and we cannot afford to endanger in any manner a matter of such vital importance to the country. I therefore, Mr. Speaker, propose to strike out this third section and submit it as a separate and distinct proposition, which certainly ought to meet the approval of all our friends. I cannot concur with the honorable gentleman from Massachusetts [Mr. Boutwell] that every part of a State must be strictly loyal before allowed a representation in Congress. I fear if that doctrine should be carried out some of our northern States would be left without representation in Congress; that rule might, however, suit very well for Massachusetts where they seem to be nearly all of one opinion.

The honorable gentleman, to enforce his views, repeated a portion of what Alexander H. Stephens, late vice president of the socalled southern confederacy, stated before the committee oil reconstruction. I do not think, Mr. Speaker, that the sentiment expressed by that rebel southerner ought to have any bearing upon the action of this House, except, so far as to prevent him from ever having a seat in either branch of Congress or holding any office of honor, trust, or profit under the United States. The honorable gentleman from New York, [Mr. Raymond,] in his remarks, seemed to think we ought not to irritate the southern people. While I do not wish to inflict any unnecessary hardships upon those States, we certainly have right to demand of them a sure guarantee, and they ought to thank their God that they have been dealt with so leniently after inflicting upon the country a debt of nearly 3 000 000 000 and causing such great affliction throughout the land.

I do not wish to be understood that I would screen the leaders of the rebellion from punishment, for on them rests the sin of misleading the great mass of the southern people. These people may be thankful if they are permitted to live within and under the protection of the United States, and enjoy their property, or a portion of it, without participating in the affairs of the Government whose very life they had attempted to destroy: but Congress does not object to a representation from those States when a sufficient guarantee is given by- ratifying the requisite amendments to the Constitution of the United States, provided they send here loyal men.

I feel rejoiced that my worthy colleague [Mr. Stevens] has consented to forego some of his views in order to meet those of his Republican friends in this House in regard to amendments; and I hope the same frankness will be manifested at the other end of the Capitol.

The fourth section is to prohibit the assumption by the United States, or any of the States, of the rebel debt incurred m aid of the insurrection or war against the United States, or any claim for compensation for loss of involuntary service or labor.

The importance of this amendment, Mr. Speaker, is manifest, as there is no telling what influence may be brought to bear upon Congress at some future day when southern people have seats upon this floor. And as to the States it. is necessary, in order to encourage emigration those States, that there should be some security against inflicting such debts upon those who may choose to settle there. This amendment is also demanded by the loyal people of the country, and is similar to one which passed this House by an almost unanimous vote in the early part of the session.

The fifth section gives to Congress the power to enforce the provisions of this article by appropriate legislation. This of course is requisite to enforce the foregoing sections, or such of them as may be adopted, and is too plain to admit of argument; and in fact is not, as I am aware, contested by any gentleman in this House.

In conclusion, I would repeat, Mr. Speaker, what I had occasion once before to announce on the floor of this House, that the only three amendments I deem important to the Constitution of the United States as a sure guarantee were these, to wit:

1. That the representation in Congress shall be apportioned among the several States according' to the qualified voters of each State;

2. That the rebel debt incurred in the late rebellion shall never be assumed by the United States or any State; and

8. To allow a tax or duty on exports, so that foreign countries which purchase cotton shall pay a duty thereon. And it is not probable that it would be imposed on any other staple exported, and besides, the duty thus derived would doubtless amount to a vej y large sum in aid of replenishing the Treasury. This latter might reach some of those who in the late rebellion were aiding the rebels.

It is true this latter proposition is not now before the House, but it is before the Judiciary Committee, and I trust that committee will soon report favorably, and I certainly cannot doubt its passage by a two thirds vote.