The New York herald., 1867-03-02
THE CONSTITUTIONAL AMENDMENT.
A Committee Of the Massachusetts, Legis-
laturs Reports Against It.
OUR BOSTON CORRESPONDENCE.


Although the national constitutional amendment ha
been before the country many months and quite mum
ber Of the States have acted upon H. Massachusetts
has just reached IT, This afternoon the special com
mittee OF the Legislature to whom was referred
opening OF the session In January submitted their
ports. The committee ia composed OF Messrs. Barney,
OF Bristol and Perkins, Of Essex the part Of the Sem
ate, and Messrs. Bird, OF walpole; Lorng Of salem
Mason Of Newton; Brown, Of New Bedford and Walker,
Of Charestown The two Senators are local republicans
DR.. Loring, the chairman Of the House branch Of
tho committee, was at the beginning Of the war
In extreme democrat, and known a. the war horse
Of the democracy in this secton hc now mild radi-
cal Mr. Bird Is old stager In Massachusetts, politics.
and is identified with the Hoosac tunnel project Messrs
Mason and Brown are republicans having good local
reputation. Mr.. Walker 10 the smartest Of the two
colorsd men in the House.
The reports consist Of majority and minority the
former recommending that the amendment shall not bs
ratified and the latter that SHALL The former said
to have been written by Mr. Bird and embraces some
OF the arguments put forth by Wendell Phillips one
Of the hearings given by the committee, which
ported ~ alL the HERALD az tue time Ihe majority
Senate and Loring of the House. The majority consider
tho subject fully and argue upon every point
minority simply report resolution.
In the outset of the report OF the majority what Is
be the result Of the reasoning is foroshadowed They
sNv.-"A chanSc IN the fuuO0m6utal law OF great
nnton s under ordinary circumstances grave matter
When such change touches first principles the question
claims The most Thoughtful consideration. II is not
enough for Massachusetts, LEGISLATURE that other States
have ratified proposed amendment Massachusetts,
afford 10 stand alone upon her convictions but she can
not afford TO follow the multitude TO do evil pro.
our people requires that amendment like that
before us should be treated as an original
SUBJECT itself is approached They declare tha. two
questions present themselves at the ousstFrs Docs
Second Does the proposed amendment impair endan-
ger any rights now recognized by the constitution
Taking the first section Of the amendment the majority
say that 1t is difficult 10 how IFS provisions differ from
those existing in the constitution and bring UP the
words Of the preamble to that document Concerning
citizenship they say It is we'll established law and has
boon decided by the Supreme Court OF the United
states that all native born inhabitants and naturazed
aliens, without distinction OF color or sex, citizens Of
the United States.
Examining the nrst section OF the proposed amend
ment critically they say that the decision Of the Supreme
Court to what or who was citizen concludes the
point quite authortativoy amendment could do
indeed probably concIusively for there
to fear that if this matter should before the pre-
sent Supreme Court as new question under this amend
ment, there would be danger OF adverse decision
The definition too of citizenship of the State wherein
they reside" s OF effect Of the prov sons OF
the amendment profess TO appy to persons OF
Sia,o Further tho majority are not awae uat there
has been any decision that there Is any agreement
among loyal anthorities to what constitutes citl
zenshp OF State apart from citizenship of tho
Uuited States The remainder Of the first section pos
siby excepting the last clause Is covered In terms by
the provisions OF tho constitution The last clause
State shall dsny TO any person within is jurisdiction
the equal projection OF its lawa though not found in
these precise words in the constitution s inevitably
fcrabe frOaf its whole scope and true Interpretation
first section s at best surpusage, and that 1t Is
nschieyous inasmach II Is admission either that
the do not exst in the present consu
ton that II thev there they have been disrc-
garded and by long acquoscence this disregard
has hardened into constitutional right, and security
be givcn that similar guarantees will mot be dsre-
garded hereafter.
Taking up the section concerning apportionment
and they arsuS ars that the basis is the
exception OF what IL known the hree -nfhsr repre-
sentston The qualification for electors for members Of
Congress Is fixed In the following clause Of section two
sic :The electors In zach State shall have the
qualifications requisite for electors Of the most nu-
tion Of tho right Of the State to prescribe the qnaca-
tons Of scctoIs has come uniortnnatey 10 be con-
10 control this matter. There is nothing in
the language Of this clause, or elsewhere In the
constitution, which prevents Congress , from from es.r
position that representative government which
has not the power 10 prescribe It's own constituency is
government at all concession which allows every
State to adopt different rule OF qualification makes
possible the widest variety of constuenc,es, from
pure democracy 70 tho narrowes oiigarchy. aud the
result has been Just what be expected from the
theory. Some OF tho States have excluded an actual
majority OF their citizens from the suffrage and vet up
TO the commencement OF the war, OF which this fatal
concession the most potent cause those same states
with all tho most odous charncssrisscs OF ogarchics IN
OF the prescribed classes in practice, have held
the position OF statea in Union formed 10
secure the blessings OF liberty and with rcpnbi-
can forms OF government The permission to the
States TO prescribe the qualifications OF voters
would have bcrn harmless, had the haoeiul element Of
savery leen early eliminated NJ the fathers expected,
fra our Institutions II would have been entirely
pctsn for Congress- when Il was found that this conces-
sion bsrg abused. have declared that any state
whose constitution allowed this dsfranchsomcn, of is
had not constitution republicans In FORM and
could not bc represented IN Congress without changes
~. air and "A IA
letter and spirit OF the federal constitution Most unicr
tunatcy slavery dictated the interpretations Of the con.
stitniion, and iBlocirinatcd public opinion with s
pcsent nervcrsons cf State rights 70 sceufc this
control this vital subject; aud THIS control rein
forced by the natural jealousy Of theso States over what
are called their reserved rights, has been allowed
20 harden into usage which has como 70
have the fcrre of orvanc law. And now this
pcrnicious construction Is not only recognized az u
By this second section, but II II proposed 10 inccf-
pora.o IL ryh'ful power in the organic law, ard
under which give 10 tho act cbarscte
iislcs cf peculiar danger the country heightened 10y
the backest basenesa and agatiudc 70 the coudirys
lnya defenders Conquered rebels have forfeited every
right: not cue has tho right TO sc II his living would
cndanger the public safety stall less has be the right to
property with The reservation almost infinitely
iess has he the right to political power when that power
Is the most potential clement o danger The madness
OF slavery and the providence OF God have gwen 70
nate this olgarchiai feature from our institutions,
and 10 MAKO this union OF homogeneous States; ths
second section relinIuistes this great power renab
aes the southern ogachy and gives new iifo TO this
fruitful OF all our woes
Crtci.ing closely she words Of this second s'c-
ton awhen the right to vote, NC, &c Ia denied 70
any OF the male nhpbltans &c, &C. tho basis ~ repre-
seniation therein stall be reduced in the proportion
which the number or such mae citizens shall bear 10
the whole number Of male ciizons twenty one years
OF In such Stase the majority say the best defence
which tho friends Of this can make ~ this that
does admit the right 20 dsfanche, but only n ths
DONE imposes penalty The only considerations which
would approach 10 justification Of this concession are
these that the penalty ia some degree adequate TO
the offence ard that II will prevent the disfranchise-
menL Discussing this question the majority argue that
the crime tho denial of the rights OF citizenship
millions for accidents which they cannot control, in.
volviDg msecs TO the prescribed classes less cndube
possblc than that OF chatte slavery the subvers
OF the vital principles Of republican gov
the basest ugratude towards the only loyal friends
scorn Of the civilized world. What Is the ponaity
The loss Of fcw representatives In Con.
gresa Is II adequate. 10 the crmeY The simple
question provokes derison They declare thai II Is vain
to hope that the Southern ogarchy. 70 escape the
reductlou of REPRESENTATION viii