The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-10

TEE CONSTITUTION WHICH THE HON. BEN
FIJI, or GEORGIA, DEMayBS-LEAvE OUT
| ARTICLE NV.
NEW YORK, Oct. 8, 1868.
| To rnB FDIrcr or THE HERALD ..t.-r.
In your editorial comments on my letter of the 81
inst you desire TO know what constitution the South
4 wants
The Southern people desire to live In the Union
under the constitution OF 1887 amended by thir-
teen amendments, tho last being amendment thir-
teen, abolishlEg slavery The construction xed for
that constitution by the surrender OF the ar
| mics organized to maintain secession they
| admit Is adverse to secession as q const-
| tutional remedy They neither expect nor
| desire any further contest FOR either slavery or
| secession. Thus they accept oil the results OF the
war; direct and indirect, legitimate and consequent
tia But they do not consider the right OF the sew
eral states leach State for itse to regulate their own
domestic affairs according to their reserved powers,
In their own way subject only TO the constitution OF
| the United States.
They will, OF course, agree to any further amend
ment Of the constitution which may be ratified and
adopted by the States in the manner provided in the
constitution ITSELF In their opinion the proposed
amendment tfourteen) has not been 80 adopted, but
has been distinctly rejected. They confidently believe
the courts will so Decide and fondy hope the Ameri-
can people will so decide Now to the facts:-This
proposed amendment r0urteen) was submitted by
the Thiryninth Congress to the Legislatures OF the
several States for ratification or rejection including
in this submission the Legislatures chosen in the
Southern States under the constitutions adopted In
1865. This certainly recognition BY Congress OF
those State governments The amendment was voted
on by all the States and was distinctly rejected by
than the required number for rejection under the
constitution. This was end or the legal question
an1 OF this proposed amendment. This amendment
was rejected by the Southern States only because 1t
Included inseparable part thereof the disfran-
chsement from Office, State as wen as federal, Of
nearly all the first class men Of the South.
The next Congress, instead Of separating the pro-
positions contained IN this amendment ana resubmit
ting them TO the States, proceeded In most vlndc
they Tad submitted the amendment to be Illegal and
further proceeded to create o new constituency In
Congress to create new constitutions and govern
mons for these States. In this new constituency all
the negroes were included, and from 1t more than
200 600 white voters excluded Citizens from the
North went to the South and took charge and drec-
ton OF the negroes In the work OF forming these
TO military districts and ordered the military to
perylse and control the formation Of these govern
consiitutionay Of these proceedings and. ike good
citizens resorted TO every method Of bringing the
before ts Hoa q se united
deavorcd TO prevent this adjudication, and when
finally we succeeded in getting case betore the
court involving this question. and both sides had
been fully heard and the court had become ready to
pronounce It's decision, the Congress again inter-
fered and actually Withdrew the jurisdiction Of the
pray do an unarmed and dcsolate people justice
and answer me, whs was revolutionary and rebel
While the Southern whites were thus vainiy APP
pealing TO the courts the negroes the adventures
from other states and the military were proceeding
with the work OF making new governments for the
southern people, When the whole truth can be
heard FREQ from passion the Northern people Will
blush with shame af the atrocIous manner in which
the work was proceeded with In Georgia the pro-
votos but the convention was declared carried. The
whites assembled In solemn convention 1.-THE finest
conyenlion ever saw composed almost exclusively
fraud, and m every form we demanded On fnvestiga-
tion- The investigation was refused and the mon
carry on the work OF reconstruction, and they
completed u ~ to secure for themselves the lucrative
oflces Thus created BY their own frauds.
The Legislatures, chosen by the government thus
formed by constituency thus created proceeded TO
,Ssn Is mi. sapssSmeSs q 4 it ssa
IL . constitution 50 amended founded IN consent or
can Il be supposed that the Supreme Ccnrt--any
courl-wn decide that an amendment rejected by
the legal white constituency OF The southern states
20 whom Congress submitted that amendment. and
Afterwards ratied by an Illegal negro constituency
created Cor the purpose, b .aliff
Wiz, the court 20 still farther aud hold that while
the negroes In the South may retract a rejection OF
that amendment made by the white people (yet tho
people q Onto and New Jersey canno,l while the
non re.ract their hasty ratification OF thai same
ameadments Yea Z seems these are exactly the
gIc.tlons made by the very form la which the Secre
tary OF state has deemed his duty to proclaim the
supposed ratification OF this proposed amendment
fourteen. No intelligent mind can escape and no
honest mind VIII deny the plain conclusion that the
amendment was not ratified but was rejected. And
l have arrived at this conclusion without nnding IL
necessary 10 refer 20 the further argument itself
eohclusisei that this amendment was never pro-
posed by twotirs OF the representatives 81 all tho
States, but thai large number OF the states were
pose OF securing 4 two-thirds vote OF the remnant
No lawyer or man OF common sense viii. II honest
say that twothirfs OF portion OF the States can
propose amendments for ratification by threefourths
Of all the states unless, possibly, portion are viii
fully absent as was the case when amendment thir-
But It Il said mi, Con2ressona, policy OF recon.
structon, including this bayonet amendment TO the
constitution, must stand because the negroes Will
not submit 10 It's overthrow-nay, not even by the
We'll, the white people OF the south have thus far
submitted 10 the overthrow OF their governments
not BY the courts, but by Congress-, through the
negroes and strangers and BY the bayonek and
when all these had nllcd by actual false counts OF
the votes 80 fraudulenty cast-snbmtted thus 70
the overthrow Of governments framed by the legal
qualified constituency OF the states approved by
The President ana recognized by Congress and the
20 me ovsrh srs ~ formed bS force
and fraud and ny On Illegal constituency ana on
witch the courts are forbidden 70 pass Judgment;
and Jet the whites arc denounced as rebels and the
negroes and strangers are 10 I've sustained by the
Northern people ~ models OF Loyalty.
Again, e y said the President Lad no more right
20 dictate constitutions Tor the states than Congress.
This Il conceded Then n II sali, no, only the gov
ernmens Of i,es but those OF 1ssS must be declared
ega and the country remanaed 70 ne governments s
trnes Of the radicals may lead Us. aud THIS h,
know, the exact reason why some men in The south
support tho reconstruction pocy Of Congress. They
be lave Nj mn fonfuslQl diaupiou until