Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1867-02-01

Southern States a sufficient reason Tor /
leaving it and hunting up some new
solation to the reconstruction prob /
Iem2
The fact that after anxious search no (
such solution has been found seems to (
show that it was not best. There may /
be inherent faults in the constitutional
Amendment but nothing better has yet
been diseovered. Nor Is it half so i'm
practicable as any of the measures yet
proposed as a substitute. TWAS not
accepted by the Southern States, but
il may at least be very strongly ques-
toned whether such acceptance Is ne
eessary to make it law Of the land.
The Constitution makes It competent
for Congress to propose amendments
only when two-thirds of both Houses
"shall deem it necessary, and pro-
vides that such amendments shall be
valid parts of the Constitution only
when ratified by the Legislatures of
three-fourths ofthe several States, or
by conventions in three -fourths there
Of. But the amendment abolishiDg
slavery was proposed By two-thirds Of
a Congress in which only loyal States
were represented and the legality Of
that act cannot be questioned. Now if
it is within the meaning of the Consti-
tuition for two-thirds of a Congress
made up exclusively from the loyal
States to propose amendments to the
Constitution Why is it not within the
meaning of that instrument for three
/ fourths of the Legislatures of the
| States represented in Congress to rati-
/ fy such amendments IF the Consti-
tution may be literally construed In
the one case why not in the other? IF
the act Of rebellion has deprived the
insurgent states Of the right to a voice
ia saying whether amendments to the
Constitution arc necessary or proper,
why has Il not also deprived them Of
the right to "A voice in ratifying such
| amendments BUTT will be said that
we offered them the amendment abol-
/ ishiDg slavery for their approval or re-
lection, aud thereby raised the impli-
cation that their approval was neces-
sary to make il law But though the
iusurgent States we're permitted to ap-
prove or reject that amendment such
aetiou has not been deemed sufficient
/ either to entitle them to, or debar them
! from representation in Congress Now
if they are worthy TO assist In amend
ling the Constitution much more are
they worthy to assist in making the
laws of Congress which are far less i'm
portant. The only consistent idea is
that they are worthy to assist at neith-
er, and that the amendment abolishing
slavery needed not their approval to
make it valid. Congress has acted
upon this principle in thus far deny
ing them representation. In deing
this it practically asserts that the IN
surgent States are not entitled to assist
in making the laws of Congress or in
amending the Constitution.
Sixteen of the States represented
| in Congress have already ratified the
/ Constitutional Amendment. It will
soon receive the approval of four more
which will make three-fourths of all
the States represented. Now if Con
| gress holds that the Southern States
have forfeited the right to share in ouI
national legislation Why should it moi
! pass a law declaring the Amendment
part of the Constitution whenever rat
fled, as above, by three-fourths O9 the
represented States? 1t is feared that
the Supreme Court may pronounce
such a law unconstitutional, but per
haps not. Even if 1t does we are not
\ sure that the Southern States would
not accept the amendment.as a fnality
They fancy it an inadmissable dishonol
to disfranchise themselves, but if dis
franehised by Congress that would be
\ quite a different thing. They will not
consent to impose upon themselves the
| disqualifcations proposed in the third
4 section, but if they are forced upon
| them they will quietly submit, because
their notions Of honor are not touched
But suppose the theory that the
| Amendment need only be ratified by
| three-fourths of the represented States
is not true, there is still another meth
Cd by which this measure may be made
| a feasible basis of Reconstruction. We
have every reason to believe the
Amendment would have been accepted
by the Southern States but for the
third section That section provides
that No person shall be a Senator OF
/ Representative in Congress, or eIeoto1
| ofPresident Vice-President, or hold
any office, civil or military, under the
! United States OF under any State, who
| having previously taken an oath as a
member Of Congress, or as an officer
of the United States, or as a member OF
any State Legislature, or as an exeou-
tive or civil officer of any State to sup
port the Constitution of the United
| States, shall have engaged in insurrco-
! ton or rebellion against the same, or
| given aid or comfort to the enemies
/ thereof, but Congress may, by vote
of two-thirds of each House. remove
such disability" This is the clause
so distasteful to our rebel neighbors
and which they say they cannot hon
orably" accept. IL excludes all per
sons who have sworn to support the
! Constitution of the United States and
subsequently, engaged in rebellion
against the same from holding any
Office, civil or military under the Uni
ted States or under any State. " This
comprehends, in the main, the leaders
Of the rebellion and the educated
minds Of the South who now control
her State governments, These men
being in power refuse to endorse a