Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-05
TIE AMENDMENT.

white race.
II AMENDMENT.
The constitutional amendment is be-
ing acted upon by the Legislatures in
different parts Of the country. Virginia
with all the other Rebel States, rejects
it. Missouri, Illinois, Ohio and other
loyal States will ratify it. Bnt it is note
worthy that in all the Northern States
it is regarded as deserving ratification
not as a sufficient and final basis Of re-
construction, but as a measure lust and
wise in itself. Not a single State has vet
approved the amendment in which there
would not have been a majoity Of the
Legislature against il if il had been pro-
posed or considered rs a final basis Of
restoration. 1t ought to be adopted, and
we believe it will be. But other meas
ures are nov absolutely necessary for a
safe and just reconstruction.
Some republican newspapers speak Of
the adverse votes Of the southern states
as proving that this amendment can
never be adopted as a part of the cOnsti-
tuition. Those nus hold that rebels
have an absolute right to fix the terms OF
their own restoration. They hold that
the votes of ten rebel communities.
which congress has declared not entitled
to representation, are nevertheless neces-
sary to amend the constitution Of the
United States. On the contrary, we
maintain that the sovereignty and the
absolute right to rule this country as
they see fit, rests with the people who
remained loyal, and not with
those who rebelled that the on
querOr and not the conquered
party has the light to dictate
terms and that states not entitled
to representation, not being states
at all within the meaning Of the Consti-
tuition, are not entitled to exercise any
political power whatever. Butifit were
granted that the votes Of three-fOurths of
thirty-six States are needed to ratify an
amendment, it would not follow that the
existing governments in the ten rebel
States must forever continue to represent
those States. On the contrary, Congress
can q any time sweep them way and au-
thorize State governments on such a
basis that every one of them will ratify
the amendment. Johnson overturned
governments which he saw fit to declare
rebel in character, and that without au-
thOrity Of law, and established those now
in existence. Upon his W repeated
admission and upon the decisions of the
Supreme court in the Gays when law and J
not ~partisanship controlled its voice,
the right Of Congress to Overturn rebel
lious and establish loyal State govern
ments may be proved.
Ii may be objected that the supreme
court may declare this action uncousti-
.tutiOnal. If il would be unconstitutional
for Congress to overturn rebel govern
ments, much more was it u~nc0nstitu-
for President johnson to do the
same thing without authority Of laws.
such a decision, therefore, would simply
restore the rebel governments that ex-
prior to the surrender Of Lees
army, and would bring back in triumph
INTO the capitol at Washington the Sen
4tors and Representatives that fed
Richmond. Does any man sup
pose that respect for the court viii make
The country tolerate any such decision D.?
with equal justice, the court might
ieclare that Ohio, Indiana, Illinois.
Michigan, Wisconsin, Iowa, Minnesota,
Missouri, Kansas and Nevada have never
legally or cOnstitutIOnally admitted
20 the union, and are not entitled TO
euaUOrs and representatives. II the
court can declare a state 10 be admitted.
Ehen congress decides that il stilLSeeds :
admission, IL can as well declare a State
iced admission when congress has al
admitted it. Yet everybody knows ,
hat such a pretended decision Of the .
-eNtt "yN-N Apb DS AFHpcCteu Dg TIE peO- .
DE nor by congress, and that il would :
'ender necessary the impeachment Of /.
members Of the court for u~surpation Of ,
>
We believe that the amendment will =
,e adopted, for il is the will of the reo- !
'le-and the viii Of the people will GER :
find a way 10 make itself master 4.
4 the government. But we believe that !
{ is the duty Of the Congress at once to !
ct upon the rejection Of the amend y
nent by the Southern governments. :
hey have been offered generous terms. 4
hey have spurned the offer. 1t is now {
ime for justice to take the place Of mag :
uanimity. !