Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-07-14
The Report of the minority oi

Gfluer OF hentuchy uhu roSotsi Va
New Jersey, argues that "a State,
as such, cannot commit, or bo in
dicted for a crime" and that "no le-
gal proceeding, civil or criminal,
can bo instituted to deprive a State
of tho benefits of the Constitution,
by forfeitpg as against her any OF
the rights secured to her." They
appeal to tho submission of the con-
stitutional amendment to tn ose
States as n proof that they are in
tho Union; such q submission "has
no warrant or foundation except on
the hypothesis that they are as alb
solutely States of the Union as any
of the other States" 1t is ais
maintained that tho power to sup
press insurrection does not confer
the right '"to subjugate the State
within whose limits the insurrection
may prevail, and to eXtinguish it as
a'State of the Union" The power
is altogether conservative; "it is to
protect State, and not to destroy
it," to prevent the State from being
taken out of the Union, "not in any
contingency to put her out They
refer to the decision Of Judge Sprague
of Massachusetts, denying that the
suppressing of rebellion gave the
government the rights of conquest,
and to the decision Of Judge Mel
son, affirming that the reorganiza-
ton of the State government, after
the suppression of the rebellion,
"placed the State in the full enjoy
ment, or entitled her to the full en-
ioyment of all her constitutional
rights and privileges" They also
assert that there is nothing in "the
present political condition of the
States in question which 'justifies
their exclusion; that nobody can de-
ny the republicanism of their Gov
ernments; and that for the Congress
"to convert an obligation ofguaran-
tee into authority to interfere in any
way in the formation of the Govern
ment to be guaranteed, is to do vio-
lence to language" Congress has
no power to form Constitution for
State; whether the State govern
ments were legally established or
not, "is q matter with which Con-
gress has no concern" "The State
admitted, like the original thirteen
States, becomes at once and forever
independent of Congressional con-
troll" The trainers of the Constitu-
ton "never intended to make the
State government subordinate to the
General Government" Whatever
change State may make in her
government, Congress has no busi-
ness with them, unless they make
the State government anti-republi-
can, and then interference can take
place only under the obligation to
guarantee that it be republican,
But instead of interfering in the in
terest of republicanism, it is deny
ing the States concerned that right,
which the Constitution properly es-
teens as the security of all others;
"that right without which govern
ment is anything but republican
is indeed but a tyranny-the right
of having voice in the Legislative
department, whose laws bind them
in person and property" This, it is
submitted, sis state of things with
out example in q representative re-
publican Government and Congress,
as long as it denies that right is a
mere despotism."
The proposed amendments are
improperly submitted. The States
should have the right of adopting
any of them and of rejecting the
others. Some ofthem the Southern
States will, it is believed, cheerfully
approve; but "to force negro suffrage
upon any State by means Of the
penalty Of the loss of a part OF its
representation, will not only be i'm
posing a disparaging provision, but
is virtually to interfere with the
clear right of each State to regulate
suffrage for itself, without the con-
troll of the Government Of the Unit
ed. States" This measure, "in its
terms, and in its effect, whether de-
signed or not, is degrading to the
Southern States" 1t will have no
practical effect on the Northern
States, where the negroes are few in
number; but the Southern States
will be degraded as to their rank in
the Union if they refuse to adoptl 1t,
and will be degraded alike in the
character of their voters and in sub
mission to humiliating proposition
if they accept it. The very "ine-
quality in the operation OF the meas
ure renders it most unjust, and,
looking to tho peace and quiet OF
the country, most impolitic."
The several amnesty proclama-
tions of Mr.. Lincoln and his success
sor issued under the authority OF
/ Congress, are inconsistent with the
idea that the parties included in
them are not to be held in the Iu-
ture as restored to all rights belong
ing to them as citizens. ."lt is now
settled that pardon removes not
onlv the punishments, but all the
legal disability consequent on the
crimes" A different practice would
he a foul blot on the character OF
the government.
The present state Of the country
is not favorable for amending the
Constitution; and the conclusion is
that safety and expediency require
tbe admission of the Southern rep
resentatives on the single condition
Of subscribing to the oath required
s,--oonst;t,,t;epal 4, law-by which We