New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-09-07

s,my az The Federal Government take ntaory steps H al
should pc init portion II the people Of those staes
tate or create republican forms OF government suoh
comm aRder he could create no government o1t IA one,
and could confer State rights which the Ge Ioyern
80 va b1urd 10 recoguHa As the civil ~ Auye he
ul enforce oil laws OF the Unlod States Wneu ltgr no
81 10 Govern no longer bis military cep1eN out there his
d,eVdent ciy power must end. He PFC 1sd d. dcre-
gard Of late tons Ln9 Tor DsOf government
and In egue dsreg5rG Jooner STATE 1osto
has of ase permit such of people he chose TO
sci m motion toward reog inza N. Upon .le action he
could base h detemin as ~ Nden be would M on tue
hand OF military power brit how end he made the sole
arber OF the question whether the o. government set
No by these persons he has c wed 70 act rabah 1
s raqfrP dfhe Copsf4o' Untn that point be reached
he has at 81 mrs insisted rights OF tho States under
the Constitution and has himself assumed 20 hS
tie me when that susp Sc mad terminated that the State
might resume the former rs ITS ana relations
within Union. IwI we insist eiyi ana sdnls.
tr.ve in It's natut and belongs not TO tho President
alone bat the Government Of which the eglslatiYe
NAV be Illustrated by surprising that the Rebel voters OF South
Carolina had dire TO To last man IN tle est dc as theY
Ofen swoge W do ara had thus elt Ie sue VIII
children and freedmen but ot solitary cctor under any OF
hr forms OF government Wna men woga Oe the cohd9n
o tas STATE which according to Pnadlpha mas ls lIEhts
,shn the Uuion IL pmeyal viSr or according 10 Johnson
case exist NOT oly u oguzius bt OF con vug oPary
10 oreaHei aHd nrress under lis constitutional duty to
guarantee 10 every republican form Of government
must SET the legislation that would reach that chd
We bold, therefore th state Who n can ~ no ac de'
prye she Federal soy fD-l 81 is constitutional sovereignty
by Withdrawing 40 presentAyes Tom tho U1loni
another and by war agon be federal power which will put
II in condition thst it, az taco Government Is de-
|
gains the exercise Of IL Federal rights
Tlat power insist j. the Government acng through use
that.t is him doEC y Philadelphia Convention asserts
a0r.r because The necessity for It's exercise can
under tAe Consultation never Misc. Bat we have 10 desire
, soo ~ Tl docrines on this subject announced
al Philadelphia hold be grossly wrong and dangerous
They hold State which IN is political corporate eGplc
v ooaUces all le lance TO the Federal Government and
declares Itself independent power which alters is iorn OF
g., cl..i,riioa bat hinder which al ts officers are
| Inch ais
General Government; which assumes aud exercises all tue
bescrcut rights = asa power and which years
subjects al siy Of treason undor the Consii
sto nevertheless capable OF keeping intact t9roaghoet
which they declare ner Congress nor the Federal Gov
ofImcut las ans aTt-ofi o. power 20 uuy 90 Ial o.'
withhold Us exercise under tue Consultation rom the people
his doctrine encourages rebellion by keeping whole the
rigats Of state while trICs the experiment Of mrcioe
M s. ~ has cn,tn ,r. er - withdraw from the Union
or Tic itself outstr idlctou and laws 0, the Fed
Bat st,ts can comr no crime ani forfeit suspend
eht Eut tie practical ne. % sate commit crime Is
mat tie poole went ol' aud their universal encu.e
| or Individual ..cls'a ." Ny s'lto went o.. tna
St.te can herself eonni. and compel ci1 Ms 20 com
nit tie very which natural persons Is treasoni and
sbe ID %. De hanged Cls Cim2y revival OF the *
poLed notion that c'rp1ration ea1 90 20 Mlof. ~ 70
contributions ,ni laws forbid them. The same reasoning
vntI sh,w La no rson commit crime because all
c,,,s,,,nsf lax Wbcrin ia II clear tIlt state may
no, destroy iis republican form Of gJgeumenti IL is
AGAINST tta WV contingency nat the Constitution provides
by declaring goo Unic States shan guarantee 10 every
STATE q tepctdeaa 0sl - vtnmenf H. the B'oci SAFE
they publican within the seaso OF tho
ttioa We su5ined tDen e ih hai STATE
uur l1eh forms Ws their absolute rights OF
embodied IN the new hFu or emOamed 10 the
old, which Nn' deed ar no longer had organization Bt inc
pe1 viii De- lrr-sscd 'sttuOn1l metaph1scs
questions affecting hrdn frhiG ga Intelligent people are
TIE 6e,i c0lst,u Judges earth. They bring them 20
Of practc md hence through the war
their Judgment has oegn ulerrng IIe cry OF n9,"ni!tio1
muls,saiIua But h. great Tufg.e Tor nations hie
tic people hell the mu rule tat HOitilS eal be aseos
ai4Jail j. NECESSARY % sGrs tie CgTshS,oI u"
s1rl use they viii cu ns GyFiian knot OF the Pnadepha
lawyers -0pIstr. For every mans AaIu h9ise seno
Constitution while II is o. nn9 Ia open war 10 destroy
defei traior can just right eep OUT OF h; amor
into robs u oace nnd claim 20 govern men whom 10
T. M not d. 10 Apply to the rebellion the principles applca
bio wihn STATE q portion Of IT'S people
against the Federal Government AID witch does not Involve
the State IYernnenf and it, In that
the rcao Of the SIT the General Government and al
its rights remain complete though actual war may be raging
with It's rcbeous czees Il & the error Of tho Philadelphia
Convention that It seeks to Apply principles OF Constitutional
law that would govern sch cise to The great civil war
welding them against the National Government
respect tho Rebel States the representatives, OF loyal States
may be excluded At the viii Of uaJ5rty The statement Of
the position the realization for the condition OF hines Nhcn
Congress to act IN TIE one case can have no exist
II i. question eIdedency the best mode in which
eHeeise power but that Congress possesses 1t concur
reutly with Executive Is as clear as truth
the the spoeet practical moment with the equal
rights OF al rgeryvaere In ne Union preserved ana
guarded The that viii best thai end
favor g the Southern Unionist
who by dag every Icce during the Snd
the hun who his blood aud sud
now al his hopes upon justice shall be the victims Of
Rebel vengeance At he rurn OF peace Yet this Is al that
IL adjusting these questions was the plain duty Of Con,
States aud II practicable all questions
which future difficulties were likely - arise That ths could
conciusiVey disposed Of
The frat NOS important OF these is the right Of citizen
ship both the United States and Of the state and pre-
deprivation by States Of the rights to e. liberty
and property aud the denial VI the equal protection OF the
Tae proposed amendment this subject In Judg
simply dcelaatory OF existing laws bu that fact may
b. and by many controyeed Is wisdom therefore 90
guard asins the danger that tribunal the
nfsmy bred Scott decision and hold that persons Of
African descent citizens within meaning the
Constitution and that the instrument was framed by
white men are bound Democracy
hiss translated nto the equally Infamous phrase this
white mans Government
1.-THE wisdom Of this provision needs argument let II be
brought 10 the hatchery Of Memphis aud the massacre at
II is Of tue graves importance also adjust the appor
onment Of to the condition things and
basis proposed upon the whole population Of State eIcu
ding from the count al such eilsas 81 years OF
Tho basis disfranchses no one simply deprives every
State power restrict the elective franchise favored
few aud thus cohe them with authority TO represent large
bodies OF citizens Who are permitted no voice IN the selection
Under the present basis few thousands OF voters South
Carolina choose representatives for 100000 Inhabitants Of
whom large majority absolutely chised This
practically operates 10 give reconstructed Rebel Of
STATE far larger power than Is possessed by
jSs needs argument That hit remains will be
e 'ta,s a. 4 equally true Il ssA srsrs
popr viii be enlisted on the side OF justice.
future welfare OF he country demands also that het
vad Of the national debt should be established by the Con-
stutoD. Its amount 10 immense and IL is easy that
its repudiAton viii become the pay and dema.
gpguss Already hear dArky hlned although all party
organizations profess to deem the debt iuyoabe When
admit