The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-31

WIN Congress have tho sagacity to perceive
this, and set about paying the debt a. well -
destr9 ing dangerous monopolys
Cckstitution Tinksri.g, and the Pow
ers or Cengress Under the Constitutisn
A IL Stands. tl
Congress was never 20 completely muddled
by South Carolina abstractlons as 1t II now by
the thirty or forty constitutional amendments
offered in tho one house or the other to secure
the blessings Of civil and political equality, re-
gardles Of race or color. The Northern radi-
Gals, Of the school Of Thaddsus Stevens, seem
to be governed by the same pettifogging and
clubbing notions Of the constitution that con-
trolled the Southern fre-eaters and secession
lists Of the age before the food. Stevens and
his followers, though on another tack, are still
foundering in the mire Of Calhounism, and do
not seem to know that through the late war and
its consequences we have not only changed the
Interpretation of the constitution as It was,
but the thing itself, to meet the new order Of
things.
The war has established the sovereignty Of
the United States, and has swept away the
Southern heresy Of State sovereignty. II has
given fall scope to those powers Of the general
government which before the war were sup
pressed or disregarded, more or less, by the
States. Thus the power to enforce in ell the
other States the equal rights of the
citizens of any State as citizens of the
United States; the power to suppress the
emission of bills of credit by any State; the
power to regulate commerce between the
States, and the power and duty of Congress to
secure to each State a republican form of gov
eminent, now stripped Of their old South Caro-
lima Interpretation, are understood to mean
exactly what they express-the power to do
the things indicated. This is among the results
Of the war, that last appeal of nations and con-
spiracies, and the decision is final and COM
prehensive in favor Of the supreme power OF
the nation. This is what the war has done in
establishing a clear and potential interpreted
ton Of the constitution in reference to the
powers of Congress. The Union is supreme;
the States are Sill; subordinate
But the war has also resulted in a change Of
the constitution which amounts to the greatest
amendment abolishing and prohibiting slavery
or involuntary servitude throughout the States
has comprised this revolution. With this abo-
lition of slavery all the civil and political
distinctions in the States depending upon race
and color are abolished; for the constitution
knows no distinctions of color, and the only
race OF men mentioned in 1t are 'Indians
not taxed, . in their exclusion from the basis
Of representation. As the constitution now
stands. with slavery abolished and interdicted
in all the States. there Is nothing in the su-
preme law to justify the exclusion of the
blacks from the civil and political rights of
the whites as citizens in any State.
To the several States is reserved the right
to regulate the elective franchise; and hereto
fore, in exercising this right, the States, with
out an exception we believe, have made their
determinations against the blacks. But all
these determinations rested upon the constitu-
tional recognition OF African slavery and the
civil and political disabilities imposed in the
States upon the whole race for the security Of
slavery. The abolition Of the institution car
ries with Il all these disabilities. They, too,
are abolished. The blacks born in this coun-
try become, as "free persons" parts Of "the
people Of the United States" whose rights are
superior to the reserved rights of the States
The first words of the constitution declare that
II is the work and In the interest Of 1--WE, the
people Of the United States" and, from first to
last, there Is not to be found the word white or
black The States no longer, therefore, have the
right to make any civil or political discrimi-
nations on account Of race or color. They
may make any reasonable standard of educa-
ton, intelligence, residence and property the
qualifications Of their voters but they can no
longer, unless by consent Of Congress, dis
criminate between whites and blacks. The
government of the United States was the "white
mans government !" but with African slavery
his monopoly is abolished. Whether this is for
good or evil we are not now discussing. We
are simply dealing with the I" fixed fact ".in the
constitution, the supreme law of the land, as 1t
now stands.
Why, therefore. all this constitution tinker
ing in Congress to secure the blacks their civil
and political rightsf They have them, and
Congress has the power 10 enforce them in the
supreme law. Mr.. Senator Trumbull, of nli-
nois, who is something Of constitutional
lawyer, seems to have made this discovery.
His bill, introduced in the Senate the other
day, and turned over into the tomb OF the Ca
pulets-the Reconstruction Committee-seems
to MS to cover the whole case. 1t provides sub
stantially that whereas sll State laws, regula-
tons, &C., making civil or political distinctions
Of race or color on account of slavery have
gone down with the abolition Of slavery, there
fore be IL enacted that no State or Territory of
the United States shall hereafter in any way
recognize any civil or political distinction on
account Of race, color or condition, &c. What