The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-25

uO10 UVvoxuVI OVWn
The Constitutional Amendaeat-A Cabinet
Lawyers Objections.
Mr.. Secretary Browning, Of the Interior De-
partment, has written . long letter (too long
for our columns ct presently setting forth his
objections 10 the constitutional amendment
proposed by Congress a. the basis Of the res
toration Of tho excluded Southern States. But
a. this letter IL said TO have been made public
by the Presidents desire and with the under
standing that ut fully represents his present
position" the views Of Mr.. Browning thus set
forth are entitled to some attention.
He complains Of the dangerous powers pos
sessed by Congress, and Is very much alarmed
at the idea Of their enlargement. He Is Of the
opinion that "H the present Congress were not
restrained by positive and emphatic provisions
Of the constitution they would greatly sbridge,
II they did not altogether annihilate, the power
Of appointment and removal from ONCE" and
the veto power Of tho Executive. Perhaps they
would, and perhaps the Executive would have
made short work ere this with Congress If not
restrained by the constitution. II is enough for
NJ that both these departments have been thus
restrained. Coming ct length to tho amend
nent, Mr. Browning Is afraid that with its
adoption "new and enormous powers will be
claimed and exercised by Congress-" and that
"the whole structure Of our government will be
gradually but surely revolutionized. And so
with the judiciary"-the State judiciaries will
be annihilated. In q few words, the great
fear Of Mr.. Browning is that this amend
ment in its operation will do away with
State sovereignty, Legislative and judicial,
and will put the legislatures and the courts
of the several States under Congress and
the federal courts. If Mr.. Browning had
gone step further and declared that the
right ofsecession was necessary element of
State sovereignty and safety, his arguments on
State rights and constitutional checks and bal
ances would have been exactly the old South
Carolina argument Of Calhoun and his follow
ers. We hold that this old Southern theory of
our government was demolished at Petersburg
and surrendered at Appomattox Court House
with Lees army; and SO we dismiss this branch
Of the argument.
But, says Mr.. Browning, another blow
which the proposed amendment aims at the
government which our fathers founded is In
the change of the basis Of representation"
What are we to understand by "the govern
ment which our fuuAers founded" II must
mean the constitution; but twelve amendments
were made to that instrument within fifteen
years after its adoption, and the thirteenth,
I'll L. L. A. 1~I.
sons administration, establishes . stupendous
revolution in "the government which our
fathers founded" Has Mr.. Browning forgotten
thiss As founded by the fathers, the govern
ment recognized the existence in the States Of
African slavery, and provided for its protec-
slave trade for twenty years. That govern
nent recognized, authorized and confirmed all
the distinctions made in the slave States be-
tween the white and black races down to the
disastrous bred Scott decision, in which Chief
Justice fancy declared that under the constitu-
ton the black man, bond or free, chad no
rights which . white man was bound to
respect" That was s'ths government founded
by our fathers" - expounded and
. practically enforced down to tho late re-
bellion. But - al these distinctions estab-
lished between the white and black races,
including the representation OF three-6fths
Of the black slaves OF the slave States,
depended upon the recognition Of slavery
in the constitution, they have al been swept
away with the abolition Of slavery effected
by . change Of the constitution under the
present administration.
Stick . pin just there, Mr.. Browning, and
20 with W . little further. On the old
Southern dogma Of State sovereignty and
for the perpetuation Of African slavery in
. separate confederacy, some ten or eleven
States joined . rebellion against "the gov
eminent which our fathers founded They
appealed to arms on their dogma Of State
sovereignty and 10 make secure and per-
manent their system Of slavery. They were
defeated in thb Hnal appeal. They have
thus been compelled, and through the efforts
Of President johnson, to ratify the amend
nent Of Congress abolishing slavery and
the other amendment only aims TO fx 10 the
constitution the other issues decided by the
sword, that last appeal Of factious sections
and nations. This is where We stand. We
cannot deal now with "the government
which our fathers founded" II ceased to
exist with the abolition Of slavery. We can
not plead the constitution as IL was We
must take it as ii is and deal with things,
not ~ we would have them, but a. We nnd
them, Mr.. Browning.
The last objection Of this Cabinet lawyer to
this constitutional amendment il that II will
require standing army in the Southern States
to enforce Il against the class Of old Southern
rights politicians excluded from the federal
councils hereafter until absolved by two
thirds vote of Congress. But this Il begging