The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1868-10-07

military control. 1t then required o.
conditions precedent to the %enjoymen
of any representation in Congress, tina
a State constitution should be framed
by a convention elected by the adul
males 'of whatever race, color or previ
Gus con 1ition !; that this constitution
should provide for universal suffrage
that it should be submitted for %ratifica
tien to the same body of voters of what
ever race, color or previous condition 4;
that the Legislature established unde,
it should rarity the proposed Fourteen
the Amendment Of tie Constitution o.
the United States ; and that achen, dnC
not before. that amendment had becom,
dIOptrd by a sufficient number ofSfate.
TO make it a part Of the Constitution
Me particular :ReJep States ehich hao
duly complied njh HE a6oUe condition.
might be declared entitled to reprssen
t0fion an Congress. In order to pros
trate any civil power that might be-
supposed to stand in the way Of the ex,
ecution of tbiss cheme, the civil gov.
ernments then existing in those States
were declared by the act to be 'provis-
ionar only, and were subjected to 'the
paramount authority of the United
States at any time to abolish, modify
coatrol or supercede the same y
This %stupendous assumption of pow.
er, and the several features of the
scheme, disclose a manifest purpose to
force an alteration of the CONSTITUTION
loftbe Upited States which it had be-
1 come ain could not be brought about
tlf the States were left to their consri-
tutional freedom of will. On the one
hand, the Radical leaders in Congress
saw that negro suffrage, even if by any
continuance it could be got into the
constitution of any Southern State,
would have a precarious existence ;
that the Constitution of the United
States must be brought 20 bear upon
'he subject that this could be done
only by such a plan as that embodied
in the Fourteenth Amendment, name
ly, to put the States under the con
straiDt of a reduction of their represcn-
%ta'ive basis, in case they should with
hold suffrage from the blacks. An
amendment of the Federal Constitution
directly prescribing universal suffrage
couid not be ven'ured upon for 1t was
plain it could not be carried But an
indir-., mole Of forcing the same re-
suit had some chance of success !; fm
the States accounted rebel could b.
put under the restraint of the military
authority of the United States and
tbe remaining STATES WHICH had not
yet ratified the amendment could be
operated upon through their earnest dc.
sire to see the Union fully restored.
and to have the Surthern States again
present in Congress. Hence we can
account for the otherwise unaceount
atle part of this extraordinary scheme,
which absolutely suspended the full
restoration of the Union rpon the inal
adoption Of the amendment by a sui.
icient number of States TO make it a
part Of the Constitution.
These purposes, manifest on the
face of the first reconstruction act and
the pablo history of the times, were
iollowfd up in the supplemental ac's Of
March % and July 10, 1867, which
provided the military machinery for ex
r%cuting these purposes, and for more
>fFeciuaily suffering the Sou;herr
ia IS to the military power and the
pa..sseunt authority of Congress- o.
icers OF The army. backed by sufficient
troops, were Intrusted with the duty of
bringing about the adoation of an
amrndment of the Constitution of the
United States. in ten States made sub
ject unit! its adj nption to the absolatea
will o! military commanders and kept
Excluded from Congress and from the
right of self government and the enjoy
ment Of civil government, until that
had become part Of the fun
damental law of the Union Bold, and
apparently we'll contrived as the scheme
was, it was a dangerous one IN respect
10 its possible issues for when its ex-
began, the Fourteenth Amend
ment had been ratified by only twenty
Safes, and public opinion respecting it
was liable TO change. 1t did change
So rapi Fly in " of the States, Ohio
and New Jersey, that Legislatures were
under implicit instructions to
withdraw the rat'6cations previously
and this was done, and doEe In
season. Moreover, of the States not &C
rebel only one more has rati-
ied the amendment, making twenty
hrre in all, if Ohio and New Jersey
ire to be counted as having ratified it
citing aside the question therefore,
n relation to Ohio and New Jersey, the
of the supposed adoption of
his amendment as part of the CoIsti
ution turns uron the manner in which
t has been forced through the States
rebel while subject to tie mil
airy power of The United States, ard to
he paramount authority Of Congress-,
nd under the coercion OF the conditiC rs
tteuding the action OF those States
pom it..
Will the people of the United States
Omit that heir National Constitution
) subject t, alteration by such a pro-
ess as this? Will the %jurists of'thiS
orntry hold that coercion applied BY
power, exercised under an as
Prted paramount authority Of Con
RESI- for the purpose of compelling a
ratification of an amendment p,
,hieh Congress desires 10 have adopt ,
does not affect the validity of the {
rcceeding? Will any publici<t of rep
tation assert hat the Constitution is
able to be changed by the action of
iates which are not represented in
'onpress, which are denied the privi '
gees of civil government, and which :
t The very moment of acting on a pro
osed amendment are held as conquered l
r~0vinces under the will of military
ommondrrs and their Il as