The New York herald., 1867-01-15
THE NEW UNITED STATES SENATOR or lkDlAAA on RECON-
sTRUCTlon AND THE CONSTITUTIONAL AxssgaeET.

cupy seat in the United States seae in the next Con-
gess. refers TO the above questions In his annual
sage to the Legislature follows
The people Of the North have no, been animated by
the South since the concuon OF the rebellion On the
contrary they have earn esty hoped that the people OF
tion and cooperate with them in the settlement OF our
difficulties upon permanent basis and had the South
ern people met them in this spirit adjusted their const
tutons and laws TO the order Of things rendered
justice and given equal protection TO all their
citizens, coniscaton disfranchisement and pun
ishment would scarcely have been demand
ed When, upon the surrender OF Lees army,
General Grant gave absouton TO the Confederate officers
and soldiers the sole condition OF not again bear
ing arms against the republic, the nation acauesced in
his conduct almost without murmur, and when all the
rebel forces laid down their arsl and the at
end the msfortunes Of the South the fallen and pros
rae condition OF the people inspired IN the North feel
ngs amounting almost to compassion and forgiveness.
Az that time the South declared full submission,
asked for enient terms, but claimed no rights and
dictated no conditions. But then the temper of
her people seems 10 have undergone radical change.
They have passed from submission 10 defiance,
and the mercy which was extended 10 them has
been requited In bloody prosecutions upon the Cnon
men and negro population in their midst Their course
has had its natural and inevitable effect upon the public
and " s the S demands and SsSs Ss
events against which the arguments OF the statesman
weigh not, moulds the public mind and sweeps II
rapidly from conclusion to conclusion. The impossible
OF yesterday is the possible OF today, and the radical
ism Of to-day becomes the conservatism Of tomorrow.
The patriotic and loyal Members OF Congress who voted
for the winter Dsvis" bin in 1854 would
structon in 1866 1t then thought the
wisest thing be done but We In the light
ton 1t manifest from the beginning that
scheme of reconstruction could be or ought TO be ac
cepted by the people Of the North which did not involve
the equalizing Of representation in Congress and the
Electoral College. The people OF the North could not
consent honorably TO themselves, nor without dsre
gard to the principles Of republican government that
those lately in rebellion should return to Their places in
the government and reain in perpeiuity the right 10
represent four millions Of colored people whom they
prive of all political rights which would give TO them
after 1870 at least thirty votes in the Electoral
College and in the House Of Representatives.
return without the recufcatlon OF this great
wrong IL would constitute a source OF constantly
as an nolerabe burden and would dangerously threaten
the future peace OF the country. have received from
the Secretary Of State Of the United States official
copy OF joint resolution passed by Congress at the
late session, twothrds of house concurrng pro-
posing to the States amendment TO the Constitution
of the United States which herewith submit for your
consideration The first clause of the amendment
fishes the great fact that all born the United
States subject to the jurisdiction thereof citizens
OF the United States and Of the State wherein they
side. and that State shall abrdge the privileges
munties Of citizens Of the United States deprive any
law. deny any person within its Jurisdiction the
equal protection OF the lava The second clause
abshes equality Of representation in the lower House
of Congress and in the Electoral College, by excluding
from the basis Of any class OF peo
pie who are deprived Of the right of rage and thus
takes away from all the States the right to have repre-
senation for the coored people in their midst unless
they first give to them the right of suffrage proceeds
upon the principle that white people do have their
political rights enlarged BY reason Of having in their
midst colored population whom they deprive Of all po.
itical rights upon the principle that people who not
good enough to have representation for themselves
sipie tina. people who =. not quaiided % vote
voting power Of others The third clause Secsrss ns ne
gble TO any national or state oce any person who hav
ing once taken an official oath to support the constitution
OF the United states afterwards committed perjury by
going into the rebellion This win tend to mako treason
odious by excluding from Office the perjured politicians
Clause declares the validity of the pSSc deb
forever forbds the assumption payment the rebel
debt and prohibits the payment Of any claim for the loss
or emancipation Of slaves The four clauses constitute
one amendment, which submitted TO the people Of
Indiana for their approval rejection at the late elec
unity and citizenship, equality OF representation disa
bity for treason, the good faith Of the nation TO her
creditors and guards the nation In future times against
value to the country and cannot be safely substituted by
mere legislation which is liable repeal destruction
at the hands OF the Supreme Court The cardinal prn
cpes Of reconstruction should be planted the consti
tuition whence they can be uprooted only by the
measure was ever more fully discussed before the peope
better understood by them received distinct
and intelligent approval will enter into no argument
in its behalf before this General Assembly. Every
Der OF II understands It, and s prepared doubt not
give his vote for or against the question Of rati
ncat1on. venture, however, to recommend that
you give to your speedy consideration and hope that
its ratification will soon be published to the world
declaration of the spirit and purpose Of the people OF In
diana But what IL the Southern people reject the
amendment? But what II they continue this reign of
terror this fragrant disregard OF liberty and life Do
they imagine that the North will recede or that affairs
viii be allowed remain as they areY These things are
impossible. quarter Of million OF lives have been
lost billions of money wasted, the tears Of the widow
and orphan are flowing, the shreks OF the murdered
freedmen heard, Union flying their lives
and now the blood of the nation up and the cry for
vengeance IS abroad in he land Let the people of the
south fee from the wrath come Let them put away
the perjured traitors who hurried them into rebellion
and now darken their counses aud make haste to aban
don their sins and accept the proered terms The
stitutional provision declaring that the United states
shall guarantee to each State republican form OF gov
eminent was not intended TO furnish merely paper
guaranty but author the government Of the United
States to interfere In certain contingency with the gov
ernment OF State The guaranty Is to be made by the
United Stateshat is by the of the United
States which s not the President Congress- but both
together, and must therefore be legislative act |
government and accept il finally as loyal aud |
republican In its form, and legal and complete |
Il n. S Without ,ss that
manfesty BE- absurd What the extent Of this power il
has never bsen settled BY any precedent; snd has
constitutional law II vast, underlined power given
70 the United States 70 guard the States against rcvoiu
Gs change 70 o.
BY rebellion the United States must set up or s-ssiab
ish republican form Of government If stats gov
United States must restore it republican form How
~ in what this shall be done mot marked ou
BY the constitution, and must, therefore, far
IAN Judge, depend upon the circumstances Of each
,ase The government is armed with supervisory
70 keep the States In their orbits BY maintaining
within them republican governments; and the measure
power must therefore Be the extent Of the nee
'ssary to accomplish the purpose IL IL we'll recog.
,ized principle OF constitutional law that where duty
enjoned all the powers necessary to the performance
y the duty are included Where q certain demand Ia
nnds by the constitution the necessary to pro-
luce the result be inferred else the demand would be
ugatory The only measure therefore, we can give 20
his power Is that embraces whatever may be truly
necessary TO guarantee TO each State republican form
Z government II state government falls into an. |
rchy the United States must re.establish upon 70.
ubcan basis and must be held 10 have the right 10 en-
10y whatever instrumcntates necessary for that
urpose. Ordinarily and when the country 10 In nor.
nal condition. the subject Of suffrage In In the control
bsoutey Of tho several States and has beon 90 treated
rom the rst formation OF the government, and may be
eearded clearly OF the reserved rights Of the
taee. But, " state government shall fall into anar.
by, or be destroyed by rebellion, and found clearly
nd unmstakably, that loyal cannot be erect
and successfully maintained without comforting upon
body Of men the right OF suffrage, to whom IL
been denied by the laws OF the state would clearly
0 within the power Of Congress to confer for that