The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-16
The Reconstruction Committee and their
Latest Constitutional Amendment.

AlhGHul10HLt
from the Herald.
The special order OF the day in the Federal
House of Representatives on Monday next, will
probably be the resolution from the Recon-
struction Committee, embracing the following
proposition for an amendment of the Constitu-
ton, to WITT
That Congress shall have power to make all laws
which shall be necessary and proper to secure to
clizeps of each STATE all the privileges and lmmuni-
ties OF citizens in he several States and to al per-
sons IN the several States equal protection in the
nights of life, liberty and property.
This is q fair proposition, but it seems to US
wholly unnecessary and superiuous. The Con-
sttution as 1t is expressly declares that "the
citizens OF each Stare shall be entitled to all
the privileges and Immunities OF citizens III the
several States;" and as this is included IN that
division OF the constitution which treats OF the
powers of Congress, the enforcement of these
equal privileges and immunltiesn clearly be-
longs to Congress. Next, with regard TO the
protection OF all persons in the several States
in the rights OF HE, liberty, and property.
What ia this for? Enactments by Congress for
the enforcement OF these personal rights have
heretofore never been thought or The State
Legislatures and the State and United States
courts, have answered the purpose. But while,
before the late Rebellion according to Chief
Justice Taney, the negro had ne rights which
white men we're bound to respect, he has, since
the war, with the abolition of slavery, been ad-
yanced by the Constitution to the level of the
Tree pc SOnb' OF ClIlZ6nS OF Jle UllJeu states.
Mr. Bancroft, in his late Lincoln discourse be-
fore Congress, said that the Dred Scott decision
had no foundation IN civil law, canon la w. teudal
law, common law, or constitutional law; but
still, under the Constitution as it was, State
legislation and Congressional legislation had
established system of civil and political dis
examinations against the blacks, such as to pal
late to great extent the bold and startling
construction given from the Supreme court by
Judge Taney of the Constitution itself
The war, however and the amendment abo
ishing slavery have swept every Vestlge of au-
thorlty from the Constitution tor these disorimi-
nations against the blacks OF this country in
reference to their general civil and political
rights. If the free negro OF the United States
had no rights which white men were bound to
respect, it was because his whole race fell under
the ban involved in the Constitutional recogn-
ton and protection of African slavery. With
that institution swept away, the negro born and
raised in the United States becomes citizen of
| the United States, and one OF the people, in
| whose name the Constitution stands. Thus, in
the amendment abolishlng slavery, the power
embraced ITO enforce this article by appropriate
| legislation" gives to Congress the power to
enforce the general civil and political rights of
the blacks as citizens. The distinctions result
| ing from slavery are wiped out, aud there Is no
| such color as white or black in the Constitution
| from the beginning to the end. 1t is most re-
| markable fact, too, tnat the trst appearance of
| the word Slavery in the Constitution is in the
| amendment abolIshing slavery. 1t shows that
| "the fathers" were ashamed of it, and that even
| while recognizing it by roundabout phrases they
| framed their work to meet the ultimate attain
| ment of universal liberty.
Why, then. all these superhuous Consttu-
| tional amendments? They are the tricks OF the
! party in power, as excuses for the continued
! exclusion of the excluded Southern States
| They are intended as food for buncombe-as
political capital for electloneertng purposes in
| the North. They are intended to divert the
public attention from the practical issues OF
Southern restoration to the agitation OF plausible
| distractions. In the exercise OF the powers
which they now possess, the two Houses OF Con-
| eress may establish ample protection and securi-
ties concerning the civil and political rights OF the
| Southern blacks, and in q very short time secure
| full representation from all the States on a
! satisfactory footing OF loyalty. But the domi-
! nant party are playing their game for power-a
| hold and dangerous game indeed, but one in
which they viii probably not be checked short
| of some emphatic warning from our approach.
| ing Northern elections.