The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-13

Southern Observation-Disclosures. Sen ator
HOwe's Useiess Proposition-The Com
stitutiOnai Amendment Establishes
Equal Rights.
Mr.. Howe, Of Wisconsin. in the United States
Senate. on Wednesday Last, looking to the
rights of the Southern blacks. submitted joint
resolution declaring that whereas the people
Of the eleven insurrcctionsry States have de-
clared their Independence of The Unitca States,
and have made war against the government
and abolished the political functions puaran-
teed to tnen; aun wr-re2s military tribunals
ara GOT suited 10 the wants OF these people,
therefore provisional, .eavssuns.nts should be
inssltuted suited 10 their wants and necess,u-,,
and this resolution. merely expressing IN
opinion. has since been under discussion ~
ing speech Of Mr.. Howe on this subject hog
ever, II appears that the purpose involved IL
| this resolution comprehends nothing less thsn
| the programme or Senator sumner, OF reducing
the said q eleven insurreciionsry Statcs" TO the
condition Of Territories. rejecting sii che work
| Of rcconstruciion dote by President johnson.
and beginning with each OF said States as in
the case Of a territory just acquired from
Mexico Mr.. Howe denied the right Of he
| President 10 restore the rebel States, contesd-
ing that Congress was the 'sw-makins power.
| and that his functions were limited 10 The etc.
cution Of the laws.
This brings the controversy 10 a direct shd
sharply defined issue between the radicals OF
Congress and the administration. But in pro-
posing to set aside oil the Southern recoos.ric-
tioaary work OF The President, as illegal snd
void. Mr. Howe forgets The extraordinary var
powers granted the Executive by Congr.ss IN
the exercise Of which he has been carrying ON
his difficult task Of reconstruction. Mr.. Howe
also forgeis that Congress. in recognizing ihc
ratification of the constitutional amendment
aboIishing aud prohibiting slavery. recognizes
the validity Of the ratification by virgieis,
North and South Caroline. Georgia. Alabama
Louisiana and Tennessee. and that those StsAes
are sufficiently reconstructed TO participate In
the revision OF the federal constitution. With
out touching nj all She tedious aud supernrbus
chop-logic of Mr.. Weverdy johnson on Site
rights, we hold that the war powers Of the
President will fully justify and sustain bim In
all thai be has done. and in all that he has he
clined 10 do. toward the restoration or the lAie
rebel States. and that in accepting The raifes-
lions from those States Of the constitutional
amendments sbolishing slavery, the two houses
Of Congress have 30 Gar recognized and are
committed to the Presidents Southern policy.
We 90 much further than this. We hold that
President Johnson. in securing the final sdSp-
ton OF this great amendment BY Southern rhi-
fcations, has secured 10 Congress. in the ~
preme law. all the power that is needed br
the reorganization Of Southern States and o.
ciety, whites and blacks, upon satisfactory
basis In regard TO the civil and political rights
Of the blacks In the late war the rebel Stsles
fought for separate confederacy, in view Of dhe
maintenance Of their system ofAfrican slavery.
The general government. on the other hand. jim
order to subjugate those States, declared, a q
war measure, the abolition therein Of slsvefy.
Thus with the collapse Of the rebel conftd-
eracy slavery was extinguished. To prevent
its rc-cstablshment this accomplished fact OF
abolition has been made permanent In being
engraftcd upon the supreme law of the laid
Through the length and breadth of the laid
slavery IL not only abolished, but ia now pto-
hibised, by this supreme law. In regard 10
their personal liberties, whites and blacks, D.
der this law, all over the Union, now statd
upon footing ofequality. Allthe pre-existilg
distinctions in the constitution between whites
and blacks are expunged with the aboltionpf
slavery, and all State slave codes and dIscriH-
mating negro laws In the administration N
justice become unconstitutional and void. TIE
great amendment which produces this revoh-
/ ton Congress has "powcr 70 enforce by app
tpriate legislation" And where is the limit n
This power, with The blo,ting out Of svs9-
thing nom The federal constitution RECOGNIZING
State sovereignty ,and political and social d.
tinctions In regard to the African race,
We submit th's g.ssiion n Ina oaAoostrusL