Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-10-16

of the States were excluded from represent
tation in both Houses by majority OF
members who assumed to be the Congress.
If majority may thus exclude States
from representation, it Is easy to perceive
that it may go on in the work of declaring
States dislOyal and in the exclusion OF lIi-
norities, until Congress shall be made t.
consist only of members from few of the
larger States, with all Others excl luded.
For instance, New York and Pennsylvania
may so manage as to control majority.
and begin BY excluding first one small
State, and then another, and so on, until
the legislative powerofthe nation IS uSurp,
ed and controlled by those two States, and
ultimately even by the largest of them. 'l
When the Southern States adopted the
amendment abOlishin0 slavery, the state
of things was very different; theyfhad not
elected or sent members to the Congress
which recommended that amendment--i
But when this amendment was proposed,
they had elected members who appeared
at the proper time and demanded to be
admitted, but were rejected. We areTnot
therefore to be told that we have recogniz-
ed this as constitutional Congress.
But again The President is cOmponent
part OF the Legislative Department, and
the Constitution declares that ''every order,
resolution orvotetO which the concurrence
of the Senate and House of Representatives
may be necessary Except on a. question OF
| adiournment) shall be presented to the
President etc, Nothing can take effect,
or be complete until so presented And
| the case is not altered because a two-thlrds
vote is required on amendments proposed;
such q resolution Is hot a complete legl5-
| lative act until so presented. In no other
way, except through the President, can
such resolution be communicated to the
| States. AS the proposed amendment was
not submitted to the President, it does not
amount to a recommendation. .lL Is null
| lily. ........
But let us look for IN I'M ~ ut the pro-
visions of the proposed amendment.
The first section declares that "All per-
sons born or naturaliZed in the United
| States, and subject to the Jurisdiction there
OF, are citizens Of the United States. and of
the State wherein they reside" 1t then
proceeds to prohibit the States from maxi
ing or enforcing any law (which shall
abridge. the privileges or immunities OF cit
| iZgns." It does not say what are privileges
and immunities; that is left for the next
| Congress to provide in virtue OF the last
section, which declares that Congress snail
have power to enforce by appropriate leg
islation, the provisions of this article.'%
| We NAV find Congress comforting ''privil-
eyes and immunitles" on one class to the
exclusion of another class; or we may find
Congress assuming absolute control over
all the people of Il State and their domestic
concerns and this virtually abolishes the
State. Perhaps any State that has 30 little
s,lf-respect as to adopt the amendment, de-
serves no better fate.
The second section, il my construction OF
| 70 la -; ~
State from representation Congress, As !
suppose the number of male negroes over
twenty-one to be nearly equal to the num-
ber of white males. 1t is, therefore, a
mere effort to force negro suffrage upon
US, whether we are willing or not. Either
do this or you shall have no representa-
ton. 1t is presumed that our Intelligent
people would not hesitate long in maxim =
their choice. .. ... ..
The third section provides that no per
son shall hold any office who may have
heretofore taken an oath to support thC
Constitution of the United States, and who
afterward engaged in the rebellion, or who
gave aid and comfort to those who did en-
gage in it. This is a sweeping act of dis
franchisement, which would embrace, per
haps, majority of our citizens; for there
are probably few who have not, in sOmC
Constitution. ....,...... ..
Even those who opposed secession, ant
engaged in the war only under compulsiOn
would be embraced by this provision, a
, well as the man who had given to a hungry
, soldier meals victuals or u piece OF bread
and also all those who, in charity, had givel
an article of clothing to a suffering iri1nC
or relative in the army. Such provision
, would be so contrary to the theory of oul
Government, and SO oppressive toward
very large class of the Southern States, tha
it cannot be supposed that those who pro
posed it could have entertained a hope tha
it would be accepted. They ought to have
! known, too, that such provision was cal
, culated to endanger the existence of tn
Government, as revolutions may always b
expected, sooner or later from acts whic
disfranchised the enirdnchised class.
the people cannot exclude unworthy oruli
deserving men from office by instru
; mentality of the ballot-box, then they ar
{ unfit for self government and, the sOone
) they abandon the experiment the better.
IL need say thing for the fourth sec
: tion, but the fifth is the Trojan hors
abounding in mischief. IL provides tina
"Congress shall have power to enforce, b.
J appropriate legislation, the provisions 0
: this article" which may be construed +
authorize Congress to do whatever it ma,
: desire to do. Under this same provision
attached to the emancipation amendment
+, you. have the Civil Rights bill and tn
Freedmen's Bureau bill. 1t was construe
l in the State just as admonished man
. members OF the Legislature it would b,
to authorize these odious measures. w
. should profit by the eeXperience it has iurn
ished us. ''"' '"' ,'.a '-