The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-01

Thad stevens Plan and thee Constitution.
None can have forgotten how definitely
Thad Stevens declared the whole course Of
reconstruction TO be outside the constitution,
only short time since. He even uttered his
scorn of that venerable instrument placing
himself, If possible, little beyond the New
England political dreamers who admire the
vague theories of the Declaration Of Independ-
ence in the same measure in which they dis
like the distinct limits of right laid down in
the constitution. AS Wendell Phillips long
ago denounced the fundamental law OF the
land, calling it q compact with hell and death,
SO Stevens trampled upon it and cast il away
But it now seems that the constitution may
furnish new radical standpoint and Stevens
descends from those high regions in which the
radical intellect habitually dwells, and deigns
. constitutional argument. It is supposed that
q general law, such as will give suffrage to the
niger everywhere, in spite Of adverse local
majorities-a law to establish the niger In
all the power the radicals wish to give-may
be based upon the latest so-called amendment
to the constitution regulating suffrage and
representation. Stevens, knowing the effect
that positiveness has upon the multitude, as
sumes this a. already an established fact.
"Since The adoption Of the fourteenth amend
ment," he says. ~ have no doubt Of our full
power to regulate the elective franchise, so far
as It regards the whole nation, In every State
Of the Union"
Here, then, is proposed new radical de-
parture from this amendment ID the law that
the radicals repudiated. All this starts from
the amendment is based upon the amendment,
and can have NO other possible foundation or
origin. And this naturally suggests the ques.
ton, Is that amendment now validity part Of
the law! 1t has never been SO proclaimed to
the people by any recognized authority, and
such proclamation or PRONUNCIATION Of the law
was made q necessary part Of it's validity by
the statute Of 1918, which provides that when
an amendment to the constitution has been
adopted it shall be the duty Of the Secretary
Of State forthwith to cause the said amendment
to be published, with his certificate specifying
the States by which the same may have been
adopted, and that the same has become valid
as part of the constitution of the United States"
The people have had no Official notification Of
the adoption of the last amendment, and it
therefore cannot be recognized or treated as
part of the law. But why has the Secretary Of
State not promulgated the amendment Is
this because he lent himself to the radical dis
position to smother the amendment a. not
strong enough to accomplish the party
purpose Has the amendment not been
promulgated because 1t was given up as insult
fcient to secure Niger domination, and 1t was
desired for the time that the people should
forgetits Or does Mr.. Seward withhold the
amendment from formal publication because
the law officers Of the government are of
opinion that the amendment has not been
actually adopted according to the constitu-
tionai forms !!
The question as TO where we stand with
regard not only to the amendment in question,
but respecting also the amendment abollshing
slavery, is one full Of difficulty, as it implies
the previous determination of the status of the
Southern States Are those States to be counted,
or not in the number necessary for the adop-
ton of an amendment Mr. Seward assumed
that they were, by publishing tho adoption Of
the thirteenth amendment and counting them
in. Congress has since declared their existence
as States extinct, and it must follow that they
had no voice In the matter. II, therefore, any
Of the ratifying voices were illegally given, the
adoption Of that amendment Is null The
question on the thirteenth amendment h not
Immediately important, since slavery Is abol-
ished in fact, however It may stand In law
but it may become immensely important, If
former slave owners by and. by take it into
their heads to sue for remuneration for lost
slaves. Is it this difficulty of determining on
the status Of States and what communities are
entitled to vote on the amendment to the con-
stiIution, that prevents the so-called fourteenth
article from being Published as validf This Is
point that Mr.. Stevens and his party would
do well to determine before basing any new
policy on that dubious clause.