The national Republican., 1866-11-03
"IF THE AMENDMENT FAILS"

article with the above caption taken from the
New York Erening Post and promised to
say few words on the subject to-day. The
question is of great importance to the whole
country and should be calmly considered
and canddly discussed The spirit in which
the Post deals with it is admirable and worthy
of imitation by the people and press Of the
Union. We shall endeavor to follow its ex-
ample in what we have to say, and before
leaving the subject, notice an article in that
paper. of the oath of September last, Of
similar character
In the article Of yesterday the Post urges
on the Southern States the adoption Of the
proposed amendment, because, among other
reasons, its rejection will cause another
political struggle more intense than that
through which we are now passing, more
injurious to the country, and especially to
- the Southern States-a contest Of which
the issue is not doubtful, for the twenty
"millons of the Northern States will begin
to see the unreasonableness Of oftheSouthern
"leaders, and will lose patience with these
men who so stubbornly refuse the mildest
terms ever offered to beaten rebels" The
mildness of the offer, we submit, is not the
proper question to be considered first. The
first question for consideration is the right
of Congress to make its adoption condition
precedent to the recognition Of the right of
those States to representation in the Senate
and House according to the provisions of
the Constitution.
This necessarily leads to this inquiry:
What were the respective powers and duties
of Congress, and the President of the United
States and the Judiciary, in regard to the
late rebellion, at its commencement, during
its progress, and at its close? These ques-
tions can only be answered by careful ex-
animation of the Constitution of the United
States. Their duties depend on the powers
which are conferred on each of them by that
instrument. "The people Of the United
States, in order to form more perfect
union, establish justice insure domestic
tranquility, provide for the common de
fence, promote the general welfare, an
secure the blessings of liberty to then
selves and their posterity, ordained and es
tablished this Constitution Of the Unite
" States of America" They thought prope
TO divide the powers Of government therei
granted, into three great departments-legi
lative, executive, and judicial In the fir
article they declare, (sec. ~ "All legislati,
"powers herein granted shall be vested in
Congress of the United States, which sha
consist of Senate and House of Repr,
sentatives" (Sec. 2.) "The House {
Representatives shall be composed of men
" bers chosen every second year by the pee
"ple of the several States" but each Stat
shall have at least one representative. (Se
81 The Senate of the United States sha
- be composed Of two Senators from eac
State, and each Senator sha
have one vote" and mo State, without i
consent, shall be deprived of its equal su
frage in the Senate"
BY the second article it is provided: "Tl
executive power shall be vested in Pres
dent of the United States of America" ar
ties Of his Office he shall take the followr
oath: II do solemnly swear that ] will fait
fully execute the Office of President of IL
United States, and will, to the best of IL
ability, preserve, protect, and defend Il
Constitution of the United States" Al
among the duties specially imposed on hi
is this: He shall take care that the laws
faithfully executed"
Article III (section u provides that 'fho ju'
cia power of the United States shall be vested
one supreme court, and in such inferior courts
the Congress may, from time to time, ordan al
United States by the Constitution nor prohibit
by it to the States are reserved to the States, 7
spectively, or to the people ARTICLE l0J
Article VI, section p declares, "this Constit
tion and the laws Of the United States which sha
be made in pursuance thereof, and all treati
made, which shall be made, under the authori,
of the United States, shall be the supreme law
the land and the judges in every State shall
bound thereby, anything in the constitution
laws Of any State to the contrary nothwithstan
ing" Sec. 3. The Senators and Represent
tives before mentioned, and the members of Il
several State legislatures, and all executive n
judicial officers, both Of the United States and
the several States, shall be bound by oath
affirmation to support this Constitution" \
All the legislative power which Congrc
possesses is delegated power, and delegat
by the express terms of the Constitute
All executive power is vested in the Pre-
dent of the United States of America; a
neither of these two departments of the G'
ernment can exercise the power delegated
the other. Powers not strictly legislati
are specifically granted to Congress and
mode of exercising such power is also spe