The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-06
THE CONSTITUTIONAL AMENDMENT.
Letter from George w. Pasclin,, Of Texas.
TO THE EDITOR OF THE HkRALD.
NRw YnRx SAM % 1RaA


TO THE EDITOR OF THE HkRALD.
NEW York, Sept %. 1865.
think the country will have to be thankful
that you the advocate Of the proposed fourteenth
Of the Constitution Of the United Staies
the very time and in the very manner you did. The
time the proptous for the peace Of the
try demanded the influence Of your paper; the
is the whole energy of the asRAtD.
am, as you may know, man of Southern birth,
rearing, education and fortunes. But Claim % love
my whole country more than any section or political
association. And while, Union man, who opposed
the mad heresy Of secession and all consequences
cannot profess to speak tho sentiments OF the pot-
who have for long time controlled the Southern
Masses yet do clam be a representative Of the
practical thinking patriotic oitizeus who desire
union for the sake of enduring peace and harmony.
About the first clause If the proposed Congressional
amendment, which declares the status OF citizenship
there are many misconceptions The President, IN his
veto Of the Civil Rights Dill, did not escape the prevail
ing confusion of ideas The enunciatons in the bred
scott decision that Africans who the descendants OF
slaves may be made citizens OF States and yet citi-
zens of the body pot, within the meaning Of tho
federal constitution may be sound; and II may also be
true that they not embraced by the naturalization
laws in force, without the consequence that Congress-
might not have provided for the naturalization Of the
Hali mlNOu Oh COOT'u people IN Inc Uniteu St1td9
But while slavery to the four millions of
this class, and freedom the 'ption II might have
been bal policy Qndsed It would have been unwse) TO
confer the inestimabb blessing OF national citizenship
upon the free whose residence among The saves could
scarcely DO tolerated But the reason ccasing tho laws
ought also To Secession staked avery upon the
gauge Of battle II last; and when the insurgents
rendered their arms they also surrendered the inst
ton. President Iinoln had proclaimed tho free
all mon within those States 70 swear to
support these pnclamations as c"ndation
precedent to pardon A. this poin. o. history the thir
States was pending President johnson required the
State conventions 70 adopt free State constitutions, and
also that the Legislatures OF their creation should ray
this amendment. IL useless inquire whether
majority Of the people Of the seeded States voluntarily
behon proves that the destruction OF negro slavery was
the bterest pill which tn sayeho iers could have been
called upon TO swallow. They had willingly given ,heir
sons 70 conscrpon and consigned them to their graves
In desperate cause they had surrendered their other
chatels 70 impressment but they had kept the negroes
any considerable numbers from the burdens Of conscp
ton The institution had in fact been defended
Is the chief corner stone Of the Confederacy
Mssoun and Maryland. by regular conventions
had abolished slavery; the state Of West Virginia
had been created and recognized by the governm nj ~
Wa hington; Unionist conventions had adopted free
state constitutions for Virginia. Tennessee Arkansas and
encs IL these states In tho csroinas Georgia orids
Alabama, Mississippi Louisiana and Texas, President
johnson went through tho ma hinery Of provisional
organized the States We look vain for direct author
ity In the constitution OF the United States for any and
exercise Of the war power. TINS country generally nc
quesced far the conditional pardon Of the nhabi-
an and the forcbe destruction Of slavery went But
while the right Of the President impose coudi
ons " not seriously con'rovcrted by the party with
whom he now differs that III, States thus rehabtated
are s ia ~ entitled to full membership la the Union,
without further conditions, Is strongly denied So far
tie rebeilods states concerned, the question
Ia what conditions shall be imposed; Tor
mi
ton Is who shall impose themf l have already
remarked that the President imposed the most
distastefu and rs the South believed the most
which could be cxscted. when no demanded organic
rccoenons 81 the destruction Of slavery. Had he, at
the SAM me- demanded all which the Civil X gh's bill
declares, and which the FIRST section OF the amendment
proposes 20 make permanent there would have been
complaint Tor every reasonable mind musi admit that
four millions Of slaves rendered airy that their
relations 70 the government should be defined Public
law recognizes but three classes Of men, native born
citizens subjects, denizens aliens. There was
authority for DENYING 10 the negro every Of these
cassdcstions Citizenship had been conferred upon
whole classes by treaty. in the purchase OF Louisiana
and Florida by annexation IN Texas by conquest
Gal crnia There Is no express constitutions. power for
necessity Of the SO. after 10 great = revolu
ton, the power TO declare -four and . half mil
h"n OF freemen citizens cannot be denied, the
necessity u apparent from the fact that govern
ment can permit cnccighth part its population
rsne. and Dras ss o, ale
Congress had the right To pass the Civil Rights bill
that the law itself was necessary and proper sequence
Of the thirteenth amendment Of the cong ution 81 tho
United States and OF the great events which preceded Its
rat nction 30 ono law often the necessity FOR
another A. there have been expressed doubts ABOUT
by which the law is 10 be enforced and nncer-
tAnty To IN duraoiity organic dec of the
principle seems r. be Commanded No one win deny thas
ought "a be enforced by appropriate means And this
brings me TO say that the amendment regard tho
basis OF representation follows ~ a corolarv I have
always maintained that the States AZ STA es belonged
the right 10 determine who of lie inhabitants should DO
Tho principle is settled BY long line Of
prccedents Yet y would seem 70 follow le-
magistrates are elected all wno ave sn sSs.c ~ % no., inc
laws ought 70 have voice In The chohe OF public srr
wants And certainly In union Of states when have
created common government there ought 10 h. some
common and cqua principle Of representation No Sac
GER with justice, refuse 10 -four eniha Of IL
population IN making M lie State LEGISLATURE and yet
that this four scveutns shall be coun ed Ia
maxine up the tonsi Ierisature and vet that inc
male nhsbitants shall not vote one case the Other
Tits IN arranging original compact would he unjust,
and Renee two fths OF that class OF sother psrsonS
were excluded wble they were slaves And now that
Trey free the country 10 forced 10 look the other
cbligaions which their manumission created. Among
these the duties Of their protection and the protec
ton Of the no nconsiferabe class Of whites who al.
fercd 10 the Union cause the security Of the public
cebt created BY the rebellion humane prov sons tho
disabled heroes Who lost limbs and strength
for Union the protection of the public treasury
against the debt created by the enemies OF the
government end against compensation for thcse very
four millions 6f people made free by the revolution.
cannot be expected that the victorious conquerors viii
that the change shall add eleven representatives
10 The very States which engaged W the rebelon, when
third Of the whole Of their population denied all
voice In the selection. Had the manumission been
peaceful and voluntary, The concession could hardly
have been expected but when Gomez with 80 many an
ngonissic obligations, which the government must pro
ssct 10 absurd 10 demand u And vhsshss u b. just
o. UNJUST ATS 90 impo@sbs cf attainment that no req
scnaoe man viii contend for n The greas masses OF
tns people have determined that they VIII nes allow "
rherefss hinh hessr V yisid iesviae she question
- Vie thcss Ssaass shall voss spsn nd By no
means . settled snsnsu Asa hsrs Ne nsss lssk q