The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-12
Roconstructi0n- Real Force OF ths
ConstitutIonaI Ame ndm mont.

| compared q question that had been before
| Congress many days to ship in storm when
the navigators had lost the knowledge of their
position, and which, driven hither and thither
| by this or that contrary wind, tossed on the
turbulent waters, was fairly lost on the painless
waste when the calm came. He thought 1t
necessary to do in Congress as the sailors did
on the sea-stop and take the bearings, and
find out where they were before they attempted
to 20 ON. Congress would ctwisely to initiate
that great example now. For certainly the
paramount question of the dsy-the object
above all others upon which Congress should
act intelligently-the grand problem of the
paciacation Of the country and the restoration
| of the Southern people to their natural condi-
ton under the LAWS utterly lost in that body.
No one in Congress knows where it is, or seems
to have even glimmerings Of the true position
or state Of the great question over which
every Congressional jackdaw chatters and
gabbles all day long. Blockhesds from every
point of the compass drive ct the subject with
ont knowing how 1t stands, where 1t is or what
they want to do with II. Now there is one
proposition to secure Niger suffrage, now
another, and there are motions before Congress
for constitutional amendments of every possible
nature and shade, and withal there does not
appear to be single man there with the mind
to perceive that all this is froth and fury and
mere waste Of words. Yet the fact is that all
this clamor and radical fuss is unnecessary.
It is unnecessary, because the whole point
at issue is, in fact, definitely and positively
settled and established by the constitutional
amendment already ratified and accepted as
part of the organic law. The recently adopted
constitutional amendment is in two sections.
The first section abolishes slavery within the
limits and jurisdiction of the United States,
and the second gives to Congress the power to
make that abolition a practical fact, and to
carry out the first section in all its force.
The words of this second section are:--"Con-
gress shall have the power to enforce this
amendment by appropriate legislation" Now
u simple consideration of the circumstances
under which these words became part of the
national compact will explain exactly what
the words mean, and will show that they
abundantly provide for all the necessities of
the case. II will show that these words record
in the constitution the results of great war;
that they are the change that the war has
stamped upon that instrument--the measure
OF how much has been given up on Che part
Of tho South and acquired ny the North They
ara the constitutional guarantee that Congress
shall have the power to arrange the new con-
iitions Of society in the South, especially SO
far as relates to the position of the negro
race; that, in fact, which was the prime cause
of all the trouble. The words, indeed, bear
their Interpretation upon their face, but the
consideration Of the legal aspects Of the main
facts OF our recent history enforces and i'm
presses their Interpretation.
The South made war on the government and
attempted TO destroy the country. This is not
opinion. II was our Northern view Of the war,
and the fact that we prevailed establishes that
Il is for us the legal view Of the war. BY
the fact Of attempting the life Of the nation the
South put its own political existence in jeo-
pardy. and, IN fact, as determined by the result,
forfeited thai political existence. And this, TO
20 aside from the argument, was the light In
which the whole South saw the result at the
first glance when the war was over. The South
ut the close Of the war had no political rights
that we could be required TO respect, and the
best it could claim for its position was that it
stood. under the law OF nations, as a con-
quered enemy But the South could moi justly
| complain of this tor il had itself invited the
state that suspended all civil rights, and il must
be content with the position in which il was
| found when the war powers once more gave
way and We returned to the government OF
| civil law. One of our asserted principles in
| the war was that the slaves should be made
free. That was declared by proclamation, and.
lest proclamation made during war should
not hold good for peace. steps were taken to
put that part OF our Northern war platform
into the Constitution. Thus il was positively
determined by the nation that the abolition of
slavery should DE a result of our victory, and
that another result OF our victory should be
that Congress should have one more specific
special power given to 1.-THE power 10 so
arrange Southern society as to carry out in
letter aud spirit the intontion of the country.
that tbe south should again stand on level
with the North only after its society was reor-
ganized by u full revision Of the position OF
the negro.
Force is implied in all organization Of so
ciety, and just now the force is on our side.
1t ia to carry out the Northern will as expressed
by that result OF the war--the constitu-
tional amendment. The Northern victor,
having put down his enemy by force,
offers the two propositions Of the amendment
as bis will, as the condition on which his con-
qucred enemy may have the foot removed from
his breast and stand erect again, and even
come fairly in as an equal. That Is the real
force OF the constitutional amendment, and the