The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-27

were only provisional and were subject to ap-
prevail or rejection by Congress We see that
the President had shifted his ground with this
aforesaid proclamation from the State Depart
ment; but this did not change the fact that un-
less accepted by Congress all his proceedings
and proclamations in this business must 60 for
nothing. That proclamation, nevertheless, SO
far established the idea that three-fourths of
all the States, inside and outside, are necessary
to effect ratification of constitutional amend
ment a. to lead to endless embarrassnents
and qualifications In regard to the status Of the
outside States.
1t was perhaps as much as Congress could
do at the last session to avoid committing
itself to the ratification theory Of tho Executive;
but now the two houses have the authority
from the people Of the loyal States to take de-
cisive ground against It The law and the logic
of the matter may be briefly stated. AS the
outside States were disabled by regular rebel
| lion, in which they cut themselves loose from
the government and combined in arms to over
throw it they cannot be reinstated except by
Congress, and are now really In the condition
Of unorganized territories, not having eyed the
right to voice In the national councils, which
is possessed by Montana or Utah. Yet again,
as the national government as now represented
| by the constitutional quorum in both houses
of Congress is valid to all intents and pur-
| poses, the States thus represented and thus
making laws for the whole Union, we repeat,
are competent to change the organic law Of the
Union ITSELF In word, the States represented
in the government are, in law, the United
States. Otherwise all our federal legislation Of
the last five years is null and void.
| Divested Of petty technicalities, quirks and
bubbles, it is thus apparent that three-fourths
of the States now represented in Congress are
competent to make the pending constitutional
amendment part and parcel Of the constitution,
the supreme law alike to the outside and the
inside States and territories. This is the con-
clusion which, we understand, will be acted
upon by Congress. When three-fourths, or
twenty-one Of the twenty-six States now rep
resented in Congress shall have ratified the
amendment the Secretary Of State will be
required, by an act of Congress, if necessary,
to proclaim the ratification complete. Then,
while the ratification may be held as the con-
dition of Southern restoration, the amendment
consummated will still be binding upon them
as the supreme law Of the land, and Congress
may enforce it from Virginia to Texas by
appropriate legislation" as in the terri
tories.
This is the solution which awaits the ex-
cluded States. 1t is solution perfectly con-
sisteDt with the rights and powers assumed by
the loyal States in suppressing the rebellion of
the late so-called Confederate States, and with
ell the legislation of Congress since the first
bombardment Of Fort Sumter. The only
question therefore remaining to the excluded
States is whether they will make virtue of
in order to participate in the Presidential con-
test Of 1868, or remain outside to be subjected
to the terms Of the amendment by the action
of the loyal States and Of Congress.
DR.. smyth, the Black Crook and the Cooper
Institute.
II appears that the trustees Of the Cooper
Institute refused permission for DR.. Smyth,
the reformer of the clergy and severe pulpit
critic of theatrical immoralities, to preach in
that edifce on Sunday, upon the grounds that
his discourse was of secular and not q
religious character. What nice distinction
Peter Cooper and the other managers of the
Institute can find between preaching for reli-
gion and against immortality we do not see.
The object Of religious teaching is to inculcate
morality and subdue vice, and the fact that the
pulpit has been 50 often used to teach politics
and degrade religion is no argument to prove
the contrary. The object Of DIR. Smyth's dis
courses is to expose, and, If possible, put down,
one of the grossest mineral productions that
ever was put upon the stage. Men 60 to see it,
but they leave the theatre worse in morals than
when they entered it. The scenes enacted there
in the public gaze are but preliminary to scenes
followed up elsewhere that do not come before
the public. This theatre, as now conducted, is
but the vestibule to other houses where vice
seeks no veil to conceal its dangers II the
Cooper Institute people fail to see the relation
between an attempt to suppress such an exhi-
bition and the practical worth Of religious
teaching, they must be very dull indeed, and a
little behindhand in their Bible studies, not
outstanding their propinquity to the Bible
Society's building
The truth is that such a crusade as DR..
Smyth has entered upon Is very much
needed, and we are glad to observe that an
eminent clergyman Of Philadelphia, Rev.
7. De Witt Talmadge, Is also denouncing
the same theatrical exhibition. We are living
in the midst Of all the elements Of demorali-
cation and barbarism, and 1t Is time that
the churches should interpose their in
luenoe to counterfeit them. Free love
and Fouricrism, with their phalanxes and gen.
eral denominations, and Mormonism, with It's