New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-20
" TIE CONSTITUTION as TT IS"

THE CONNIIIt ilON 40 ~ ~
The n. Y. Times has one OF Its peculiar ell
torias Oh "The Constitution, and the Changes
Wrought by Rebellion which clearly ihdi-
cafes q return of that journal to those IDEAS ana
purposes of the Philadelphia arm-in-arm Con
yention, which it has protested to renollnce'
We do not know that it was written TO ala tue
Copperheads in their desperate struggle TO carry
Connecticut; we do know that 1t will he used
to that end After asserting that the Con
"stitution provides for every case that can arse
"and for every state Of things that can exist"
and accusing Congress of having nevertheless
"repealed, abolished, annullcd that C0nstltu-
"tion," substituting therefor its own arbitrary
will, OF Gf you please its conception OF what
tbe nuhlic cxgency, the National safety,
required, The Times proceeds:
"Prcsdcnt Johnson attempted Mt the outset OF his adj
mnistra ton TO carry the Government under lne COR
stuton ~ The United states 40 u existed before inc war
-concednS 90 states all the rights ~ AZ az
and upon the grooves which TIT IT. PROVIDE PROVIDE
Tho attempt proved ,d failure tn .en.s of civilization
M the victory achieved over H. the demand or guala
ties for new liberties larger powers ana more Peli s
resisted. Tho had wrought revolution III punnc
sentiment which H. tuIn wrought corresponding
revolution the practical administration OF the Govern
meut Congress represent, that revolution 10 Jay anu
which IL cOufers."
Now. if Mr. johnson attempted to do what
is here attributed TO him. then the attempt was
surely miustifablc and virtual usupation.
For the Federal Constitution "as 1t existed before
1.-THE War" il no longer our supreme law, having
been yitally changed in the manner prescribed
in it, text-changed by the deliberate, well
considered and commanding vote of the Amer-
can People Art. MIL was reported to and
thoroughly debated by Congress before the
last Presidential Election, was voted for by the
Republicans. sanctioned by the Senate OBS
10 O., aud in the House only defeated
yeas 0J, NAYS 66-less than two-thirds in the
Affirmative by a party vote. HE ques-
ton of engraftine that Amendment on the
Constitution was thus thrown into the PreSl-
dental Canvass, wherein twenty-five States
all except NeW-Jersey, Kentucky, and Della
ware-yoted TO rcelect Alr. Lincoln and thus TO
sustain the Amendment SO, when Mr.. Lincoln
had been reelected, the question came mp on
reconsideration in that same House which HAD
rejected il, and it was now sustained by l19
Yeas to 50 Nays-cycry Republican chosen to
that House, with at least dozen Democrats,
voting Yea. And that Amendment was
promptly heartily ratified by every State that
voted for Lincoln, and subsequently by New
Jersey, which voted against him. 1t Is now
Just as much in the Constitution rs any other
section, and he who disregaIds or dciies 1t Is
lust as dslOyal to that instrument as though
he denied the right OF the President to veto q
| bill And though it may be said that It's ratl-
ficaton had not an terms been perfected " at
the outset Of Mr.. johnson, rule, the public
determination 50 10 ratify it had been 50 UNI
eQuiyOcally, undeniahly manifested, that no
functonary could then attempt to carry on the
Government under the Constitution as it
"cxistcd before the War" without being
recIcaut TO his duty. lie was not at liberty TO
ignore facts as palpablc as the sun in heaven
he was under the dearest obligation to take
note that the Constitution was in process OF
amendment and govern himself accordingly.
Now lool, at this XIIlth section, and note
well it, elemental, Transforming nature:
GAIT Kill g. Neither Slavery nor involuntary seryi
tdc except punishment for crime whereof inc party
shall have boon daily convicted, shall exist within the
"E2 COSGETsS SHALL HAVE POWIR 10 ENFORCE rms
ARIiCLE Ia APPROPRIATE LECi>LATIoN."
Did any man ever hear Of a "Conserya-
tive" canyasscr quoting this section a. part of
the Constitution, and insisting that il be re-
spected and obeycd. We never did. Yet they
who ignore and practically nulily it are always
reproducing us who uphold and honor it as
reckless of the Constitution.
By "the Constitution as it existed before the
War the States were the exclusive guardians
Of the liberties Of their own people respect
lively by the new XIllth section this import
ant duty has been deyolyed on Congress. The
Civil Rights act, and nearly every act OF Con-
gress denounced as usurping and revolution
any, were absolutely required to give
due effect to that section. Not to have passed
them would have been to defy the Consttu-
ton in the interest of Slavery, instead of inyOk
ing the unjust accusation that they have sub
yerted it in the interest of Freedom. Which
course is the better, the People have already
decided, and not in accordance with the views
Of The Times.
Wc were recently informed that third