The New York herald., 1866-09-06

however, by singular consistency that Col,grcss ma
refuse 70 admit dsloyal representative, aihongh
such power is conferred In express terms i.uer rev
hlons, however indicate that he now reg.rds an pe
sons ~ ivyA WHO are willing 20 take tho conN w
gatn without gard TO their past lives or dsioea' W
duc. he therefore denies the power OF Congress 0 g
eude the senators and Representatives. from the stsle
la'ey IN rebellion, by Of the misconduct o. ts
constituents or Until guarantees for the future can :
procured On the other hand, Congress claims that III
c war az legal and constitutional rules and priytge
oI ne insurgents are suspended, and In case th'
reOeion ials that these privileges only 10 be 70
stored W tue legislative power of the victorious parry
that traitors forfeit their civil and political righs anon
"hc Z .her right TO reprcs ,naton and that Congress
representing the people, has right 10 provide by lsp
Tor the resumption OF suspended rights on such term
anu eohduohs as IN Their judgment VIII secure IN
future peace and welfare Of tbs unlion BY joint Teso
luton Congress las declared that no from
rebel slate snail DO admitted ill sach ShLe be declared
~ c0nditlon emitting . 10 representation. CongFeA
has accordingly presented It's plan for the restoration o
tho insur9ent people in the form OF proposed consu
tonnl amendment, 10 which l shah thereafter alude.
This is the issue forced upon tho people They cannot
avoid H. II Is the DUTY Of every olecsrlo form an opn-
ION upon ana TO regulate his conduct aoordnsiy As
an humble individual having caTeiusyNand ccnsei9n
tously considered thiH question: do not hesitate 10
say that my own judgment is clear ard decided, that
Congress Il clearly right and the Prcsions Must az clearly
WRONG Tie highest Judicial tribunal OF the country has
solemnly dudgrd that In las conduct towards tho rebels,
the government of the United States posseae ed All the
rights which belonR by International law 70 any Oege'
rent Power, a5 we'll rs the additional rights which por-
Ia n % sovereign Ceang with rebelous etlherts u
elementary prncipe of the low ~ na'ieus that
great civil war nll these c.r md political r,sbti which
are secured to the insurgents IN state % pegce by The
laws o ho parent state ate suspended u y aAo 1no-
thor pie of tho aS thag when natou
couqucra 9nother In war the conquered nation can
only peaceabe relations with rh@ other
when that other consents TO treaty Of peace,
containing such stipuations FOR the future "a may
comport with its dignity and welfare If
chances 10 require security tor 'he future or oTn IN
domny for the past IL posesss full power 70 dem and
either both. Every instinct of sof preservation re-
volts at the proposition that during ira tors ars en-
I tlcd representation in the parent government Tor
when II is victor oGs traitors II Elay not cNerI $50
these powers which in establishing tho conditions OF
peace belong to every ohcr civilized nation on uio
globe Tho constitution msdo In the Dteros ar
treason dnes deny TO the government the poscr
admire thai kind OF centrali1ation which csis.
sodates the government against the power a.
traitors; hate aud uample under my feet
that State sovereignty, which would mako az
community Of traitors superior 20 the central govern
ment Nor, AZ read che constitution does the Presi-
dent enact laws for Congress to execute bat Congress
makes laws which tie President h bound 10 see exc
cuicd An incesant clan0r has been kept up through
out the country against what is called tho uucoastitu-
from the Southern States This tender regard fos the
constitution is familiar acquain ance under rew garb
either OF tho President or Conress, when was intended
10 crush the rebellion, WAS denounced az unconsttu.
tional This wa the csso with the conscrpHon law
TO raise men and the loyal tender law to raise
with the arrest Of disluy persons FOR aiding the
rebellion with tho employment 81 negro troops, with
the emancipation proclamation other kindred
But these charges, which then ~ nov, pro.
cured from rebel aympathlzers only excite az hcY arc
remembered q smile Of der1sion and contempt These
measures B1atancd thcy approved ~ courts,
bg Congress- BY the Union party and hnaly by the JuS
ment of tho supreme trbuna-the people OF the Ooun-
ryn the election of 1884 II tho III ory, that de- encd
possibly forfeit their political rights oon
hrmod II oers ~ mium for the crime o. treason, anu
may result In the destruction u the government
In such tue traitors rle would be "HeadS up sin
~ up you lose II tho constitution gave greater
sanction To this doctrine than " really does, would
then prefer 20 break tho constitution and the
country Tho constitution made for the country
and not the country for the constitution II M country
is Lost all Is lost; white II the constitution Is broken and
the country Ii saved. make another equally
good tho old ono with all modern improvements
Included. Connected Intimately ~ith the question To
which have referred stands the proposed amendment
To tho constitution The Congressional Commit
tee, consisting OF fifteen prominent membsrs,
nine from tho House and six from the Senate, aiser
long and careful deiberatson, after taxing volume OF
testimony relating 10 the condition OF Affairs In tho ia.
surgent siate and after several schemes had been con
sdered and abandoned reject d. has presented Plan
OF construction consisting of this propored amendnen
accompanied with tho recommendation that when u
shall be adopted the States asserting To snl be en-.
titled TO representation the person OF senators ana
Representatives duly elected and proparly quaiineL
This scheme received the assent OF more tan two thirds
of the Senate and Of nitns OF the House II now
comes down TO the opls for their sanction ana con
II Is conservative feature OF The constitution ihat
II provides for ~ Own amendm nt whenever
events or changes occur which render u neccs.
sary 70 conform tho framework OF the govern
mcn 10 the existing stale of thngs That such c1s
fency occurred scomo too apparent TO require OK
tended discussion. This change u called Article ~ Oh
the Amendments 10 the Constuton and consists or hvc
sections which M follows, VIZ list The hr-f do
fines ctzenship OF the United States and prohibits aRy
from denying 70 any person us pris gcs without
legal process ID The second creates basis OF repre-.
sentaton founded upon population except that persons
who are denied the privileges OF the elective franchise "
tho States excluded from enumeration Sd Tue tbrd
renders ineligible onice certain persons who having
Cors,tuuon Of the United states became actors In ths
rebeon, but provides that Congress may, ~ a
two-thirds vote remove the disability an The iourih
siIirms the validity Of the pubic debt of the
United States incurred suppreng the rebellion, aad
declares tho Coned rate dsot Illegal and VOID DIN ihe
ann confcrs power Congress 10 enforce the anend
mert by appropriate eysia,lon The nr.i section is
necesearyto 70 the millions ~ newly created freed
the rghta OF c.azcnship. In the Dr"d scout case
the Supreme Court OF tho Untd States decided that the
African parents. whose ancestors hal Teen
bought Ani sold sagos not citizen of the United
siates. and could not therefore a''hoogh not hnsoa
slave, maintain an acton m the courts oi ths ,Alsea
for the enforcement % his rights or the redf y
bs wronrs ON piea IN eba,eneni sei.lng 20 We
d.sauanlcator Ia rvcd Scott Il was adiu0ged tbft ne
could not maintain his action for sn As 2ut and hatss
on h msc or upon Lis wife nud children " Wa iurther
dec dsd lal t rot within the power Of any siaio "
mako any person. ~ ~ constitution and aes ctzea
of the United statcr II esH also deriWnd tbas thr
power Of naturalization conf"rrea upon Congress nppra
ocv ~ psrnu- Of foegn birth, and gave 10 Congress 10
authority II make native persons of African descent
ell1eDs tie United sisies Free oolored persons have
always ben ctzoas 0f cur State hy the laws of New
YORK II nrst State constitution adopted 10 III,
they were pa ed upOn an entire equality sih shttp
men M sKercfs o. even elective franchise ndsf
ne preaert tonstuti0n they csiled "ciaeD. Can
any good - assigned why such peons sb01l ~.
b. citixefs 81 ha Tinted States Il born upon our ss and
within or lars5oiionf The cosofed pgyuntla q
We have ntaliod ourselves ~ theif H4iNiese
by tn eupioymoa. q. 100000 ee.ts = -
Union w. oa them a heavy debt q rrai afr rhlga
arc bound honor and good faith T. dn.tafE2 n
BY Rsferly Johnson and o.hcr ie49 ng t.ise Z, Z.
uucunsttu 0uai, and several sol hfrf .ssa has