The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-15

The Reconstruction Committee and Their
Latest Constitutional Amendment.
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 and proper to the citizens
Of each State all the privileges and mmunities or c't
in the several States and to all persons IN the seye
raj States equal protection in the rights Of life liberty
and property
This is fair proposition, but it seems to us
wholly unnecessary and superfiuous. The con-
stitution as it is expressly declares that "the
citizens of each State shall be entitled to all
the privileges and immunities of citizens in 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 immunities" clearly be-
longs to Congress. Next, with regard to the
protection of all persons in the several States
in the rights Of life, liberty and property.
What is this for? Enactments by Congress for
the enforcement Of these personal rights have
heretofore never been thought OF. The State
legislatures and the State and United States
courts have answered the purpose. But while,
before the late rebellion, according to Chief
Justice fancy, the negro had no rights which
white men were bound to respect, he has since
the war, with the abolition Of slavery, been adj
vanced by the constitution to the level of the
lf eroo nj Of INIT
Mr. Bancroft, in his late Lincoln discourse be-
fore Congress- said that the bred Scott decision
had no foundation in civil law, canon law, feudal
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
ordinations against the blacks, such us to pal
late to great extent the bold and startling
construction given from the Supreme Court by
Judge fancy of the constitution ITSELF
The war, however, and the amendment abol-
ishing slavery have swept every vestige of
authority from the constitution for these dis
examinations 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
recognition 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 abolshing slavery,
the power embraced ITO enforce this article by
appropriate legislation" gives to Congress the
power to enforce the general civil and politi-
cal rights of the blacks as citizens The dis
tinctions resulting from slavery are wiped out,
and there il no such color Us white or black in
the constitution from the beginning to the end.
1t Is most remarkable fact, too, that tte first
appearance of the word slavery" in the
constitution is in the amendment abolishing
slavery. II shows that "the fathers" were
ashamed fit, and that even while recognizing
it by roundabout phrases they framed their
work to meet the ultimate attainment OF uni
versal liberty.
Why then all these superfuous constitu.
tional amendments. They are the tricks OF
the party in power, as excuses for the con.
tinued exclusion OF The excluded Southern
States. They are intended as food for bun.
combe-as political capital for electionccrinp
purposes in the North. They are intended Il
divert the public attention from the practical
issues of Southern restoration 10 the agitation
of plausible distractions. In the exercise o.
the powers which they now possess, the two
houses of Congress may establish ample pro
lection and securities concerning the civil ant
political rights of the Southern blacks, and il
a very short time secure a full representation
from all the States on a satisfactory footing o
loyalty. But the dominant party are playin,
their game for power-a bold and dangerous
game indeed, but one in which they will
probably not be checked short Of som,
emphatic warning from our approaching
| Northern elections.
The ARREST OF one OF THE CONCORD BAN
RoBBERs.--The circumstances attending tn
arrest of one Of the robbers Of the bank |,
Concord, Massachusetts-an interesting accoun
of which was given in yesterday IS HERALD--dis
| a..