The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-09-25
The constitutional Amendment.


The Constitutional Amendment.
From the Times
There is not the slightest difference of opinion,
as far as we are aware, in the Union party, and
very little anywhere else, as to the wisdom of
ratifying the Constitutional amendment pro-
posed by Congress. 1t received every Union
vote in the House, and is sustained by every
Union journal throughout the country. The
only point upon which differences do prevail is
as TO the policy of making its adoption a condi-
tion precedent TO the admission of representa-
tives from Southern States. Upon this Union
members of CONGRESS were not agreed among
themselves. Some were opposed to admitting
them until after the amendment should have
become part of the fundamental law, by the rati-
cation OF threefourths of all the States. Others,
like Mr.. Bingham, of Ohio, insisted that when
ever any Southern State should ratfy the amend
ment that State should thereupon be admitted
TO representation. Others, like Mr.. Boutwell,,
of Massachusetts, and MIR. Kelley, of Pennsyl-
wanna, refused to pledge Congress to admit them
even after the amendment should be adopted,and
others still did not Geem it within the constitu-
tional power Of Congress to impose its adoption
a. q condition OF admission to the fundamental
right OF representation.
In point of fact the adoption or rejection of
the amendment has nothing whatever TO do,
as the law now stands, with the admission
rejection Oh mem DerS from bne southern states.
A bill providing for their admission on condi-
ton of its adoption was rejected by the House,
and even if every Southern State should ratify
the amendment tomorrow, Congress has not
pledged itself in any way thcreupon to admit
their representatives in Congress. The two
questions are entirely separate and distinct
and each must be determined upon ITS own
merits.
The amendment itself is as follows:-
| Joint Resolution proposing an Amendment to the
Constitution of the United states.
Be it reSOtUed, BY the Senate and House of Re-
presentatlves OF the United States of America. In
| Congress assembled (twothltds of both Houses
concurringh That the following article be pro-
posed to the Legislatures as an amendment the
| Constitution of the United states which, when
raufed by three.fourths of said Legislatures, shall
| be yald as part OF the Constitution, namely:-
Article II 4-SectiOn ]. All persons born natu.
rallied the United States, and subject to tne jurIs
dction thereof. citizens OF the United States and
of the STATE wherein .they reside. No state shall
make or enforce any law winch snail abridge the
States; nor shall any State deprive any person of
life liberty, or property without due process OF law,
equal protection OF the laws.
Section 2. Representatives shall be apportioned
tive Numbers eoSntinG the Whole lumber of PERSONS
in each state, excluding Indians not taxed. But
when the right to vote at any election for the choice
of Electors for President and Vice-Presdent OF the
| United States, Representatives in Congress, the
executive and judicial officers Of State, or the
members of the Legislature thereof is denied to any
the male Inhabitants of such State being twenty
one years OF age and citizens OF the United States,
or In any way abndge the right of suffrage except
for participation III rebellion or other CRIME, the
basis OF representation therein sha be reduced in
the pToUorton which the number OF such male citi-
zens shall bear to the whole nuber OF male citizens
twenty-one years OF age IN such Stale.
Section No person sha be a Senator or Repre-
sentative IN Congress elector OF President and
VicePresident, or hold any office civil or military,
under the United States, or under any State, who
having previously taken an oath, as member of
Congress- or as an officer OF the United States or as
member of any state Legislature an execu.
tive or judicial officer OF any State to support the
Constitution of the United States, shall have en-
or given and or comfort to the enemies thereof But
Congress may, by a vote of two.thlrds OF each
House, remove such disability.
Section 4. The validity OF the public debt of the
United States, authorized by law, including debts
incurred Tor payment of pensions and bounties Tor
l shall not be questioned. But neither the United
States nor any State shall assume pay any debt or
obligation incurred aid OF instruction rebel
lion against the United States any claim for
the loss or emancipation of any slave; but all such
deDts obligations, or claims snail be held illegal and
I void.
section5 The Congress shall have power to en-
iolce, by appropriate legislation, the provisions o
The objects sought 10 be obtained hy this
amendment are important and desirable. The
, first, which clothes with the equal civil rights
belonging TO citizenship all the natlVe-born in
habitants of the United States, commends itse
to every mans sense OF justice and of public
policy. 1t was the worst feature OF slavery that
= itkept q large class of persons outside the pro
lection OF the law; and now that slavery ha'
| been swept away, there is no shadow of excuse
! for perpetuating this worst of all its wrongs
We trust the Southern States will make speedy
provision for extending the full protection of the
{ | law over their enfranchised slaves, in common
with all their people; but aside from this there
/ | are many reasons of justice and propriety why
: ! the national Constitution should make this guar
t | antee universal and perpetual.
f The second clause Of the amendment is de
= signed to remedy an inequality whichnow exists
3 III the enjoyment OF political power. 1t was de
s cided by the trainers OF the Constitution tina
population and not UOterS, should constitute thu
q basis of representation, and this ceases to b.
4 the wisest rule only when large masses OF tn,
0 population are excluded from suffrage in somt
C sections of the country, and not in Others Thel
q it becomes an element OF inequality and iujus
g tce. voter in the enc section has double tn
# political power OF voter in the other. This in
e equality exists to-day between che Northern ant
I the Southern States, and IL ought to be cor
: rected. This would be true if the question ha,
{ never had anything whatever to do with to
Rebcllion-or ii the inequality were in favor O
S the North instead of the South. Every man ca
i see that il is unjust, and the Southern state
v ought TO see it rs we'll as the Northern. And a
: no section is TO be benefited IN tie lone run b
J. any inequality or any injustice, the South a
y well as the North ought to ratify this amenC
II ment 1t involves, Ii is true, temporary SUI
j render OF portion of the political power no'
B. enioyed under the Constitution; but that suI
, render would be more than compensated by rC
q moving an injustice which, so long as it exists
d must be the fruitful source OF sectional discoI
i tent and national discord.
II The third clause Of this amendment declare
q certain classes OF persons who took respons
d bic part in the Rebellion inelipible 20 oilc
v until relieved therefrom by tHo-thirds of Cor
l. aress. While the power OF Congress to partic