Clarksville weekly chronicle. [volume] (Clarksville, Tenn.) 1865-1867, 1865-12-08
The Amendment to the Constitution.


8 The National Intclligeneer, of the 23d ult, has
: long and well written argument to prove that the
proposed amendment can, by no possibility, be
made to bear the broad construction put upon Il by
the New York Tribune and others Of that political
school. We have opposed it upon the ground that
II s not necessary to the restoration Of the Southern
States, and because it may be so construed as to
effect a radical change in our Misunderstanding
directly to Capitalization. That this apprehension
Is MT il-founded, will appear from the following
remarks Of the New York Tribune:
1.-THE constitutional amendment aims at the ALSO
lnte, unconditional abolition Of slavery throughout
the United States but 1t does not stop here
Hitherto the personal liberty and civil rights Of
each citizen held and enjoyed under the States
respectively; hereafter they are 20 be upheld and
guarded by the nation"
" hat are the arguments adjuced to rebut this
construction? The New, York Erening Post is
quoted saying in reference TO the second clau
ave must protest at once and with all our might
against the broad construction which certain poll
rical teachers seem disposed to put upon the second
clause of the constitutional amendment
II means such legislation as may be found necessary
and proper to secure the actual freedom of all men
under the laws. If any body should undertake to
extort labor from late slave, to reduce him into
seemingly voluntary REIMBURSEMENT of his own
person and industry and there should be redress
under State laws for those oHenses, Congress may
step in to provide the proper remedies"
This is the sort Of argument which the Intelltgen-
, relies upon to refne the construction Of the Ti-
tune; and we ask the reader 70 compare the two
extracts carefully, and see il they do not give,
iientcally, the same construction, although the
first ia denounced as a monsrous absurdity, and
the last is brought forward as refutation of that
nbsurdity. Greedy says "IIitherto the personal
liberty and civil rights of each citizen were held
and enjoyed under the States respectively; here
nfter they ne be upheld aud guarded by the ma
ton" In refutation Of this, the Post says: at
such legislation may be found necessary
md proper to secure the actual freedom of all
men under the laws" and that, if such laws are
not provided and enforced by theStates then "Con-
gress may step in and provide the proper remedies.
If there be difference between these two expon-
epts of the meaning of the amendment, we can
not sec it. Both agree that it looks TO the 'actual
freedom of all men," and both are at liberty
under their constructions, to contend that actual
freedom implies the right to testify, the right to
vote and the right to hold Office and both claim
that it is the duty of Congress-the States refusing
to step in and enforce these rights. IT. then, the
Radicals and Conservatives are no fa Their apart in
their interpretations of the powers conferred upon
Congress by this amendment, the South need hope
for nothing less than national legislation upon lis
own domestic affairs--tO be followed in time, by
complete Capitalization. Having looked, in the
foregoing remarks to the probabilty-if not Ger
tainty-that the amendment contemplates an in.
fringement Of the rights of the States, and a con-
sequent radical change in our political system, lie,
us view it another light. The Post says;
"Under the judicial decisions there can be ne
donbt that Congress would have had this power
the enforcement of the second clause of the amend
ngnt-"withOut an express grant, but to meet the
possible objections of those stickeIs for strict con
sirnction who will see nothing in the organic law
smaller than house or less bright than sunbeam
the grant was put in so many words"
Here we have an admission that the second claus
WAS not necessary, and that it was added to silence
s'icklers. Again, We join issue with the author o
the foregoing extract, in his assumption that Con
gress would have the power he claims for it, with
ont the specific grant, because that grant gives t,
Congress concurrent jurisdiction with the courts
nm anomly that not he tolerated by that system
of checks and balances which is a vital element il
the constitution of he entire government SLAYER
being abolished by the organic laws, it deyolve
upon the Supreme Court-not Congress-to SC
that no State enacts laws to re-cstablish it; an
should a freedman be wronged by an individual hi
recourse is upon the laws of the State in which h
resides, and il, by the laws themselves then it
the duty of the Supreme Court to declare thos
laws unconstitutional, and to afford redress to tn
injured party. The Constitution declares that tn
States shall not coin money, issue lis Of cred
and many other thirgs, yet no one claims that tn
Constitution ought to be so amended as to gran
the power to Congress to egislate especially, upo
any one Of these points, and when it shall hav
prohibited the States from holding slaves in wins
particular will that prohibition differ from any c
the others? AMI what is there in the constitution
Of the Judiciary which excerpts from its jurisdictio
this particular subject? If there be nothing, the
the second clause of the amendment is altogethe
unnecessary, il it be not violative of the right
OF the States and therefore dangerous to the yer
existence Of the government as originally framed
IL IS idle to suppose that the States would attcmr
to re-cstablish slavery after its simple, but plair
prohibition by the Constitution as that they woul
attempt to do any other prohibited thing; and wer
they To attempt il the same remedy would he 4
efficient IN the one case MS in the other, and tina
remedy can not be conhdcd to Congress withou
efocting radical change in our political system
But the nat has gone forth the deed will he done
When men are mad, the voice of reason cannot b
heard, and nothing but bitter experience can rcvei
the errors committed under the impulse of nsau
excitement and bring the erring back to cor
scionsness of the evil they have done In tn
case, that experience may be the tyranny Of a Gel
trial despotsm
IT sgratifying to witness the alacrty and hssrt