New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-22
THE "XITM AMENDMENTp d
DEMOCRACY.


been to repeal the proposed Fourteenth
Amendment to the National Constitution. This
amendment provides that all persons born or
naturalzed in the United States shall be citi-
zens of the United States and of the State
wherein they reside. This was already the law
of the land by virtue of the Civil Rights Act
of Congress, which has thus far been sustained
by the courts. While its repeal as cOnstitu-
tional amendment does not weaken the legality
of the present citizenship of the colored race,
it shows the desire of the Ohio reactionists to
decitizenize 100000 of the American people
on account of their color, if they can.
The second section of the proposed amend
ment provides that, when any State denies the
right of suffrage to any portion of its people,
for any cause except rebellion or other crime,
its number of representatives in Congress shall
be reduced in proportion to the number OF
citizens thus excluded from voting. This sec
ton was steadfastly opposed by the thorough
Radicals in Congress, Oh the ground that 1t I'M
plies that q State has the constitutional power
to disfranchise a portion of its citizens for no
other cause than that of race or color, ana that
Congress has no power to supervise ana cor
rect such legislation. 1t throws away the high
ground taken by Madison,a prominent author OF
the Constitution that, while its intent Is to give
the States in the first instance full legislation
over the suffrage question, it reserves to Con-
eress the power to revise or correct the legs-
lation of the States on that grave question,
when it finds them controlling the suffrage IN
manner hostile to the interests of the National
Government or of the whole people Madison
contended, therefore, that the Constitution as 1t
is gives Congress full power to pass National
uniform suffrage law, and asserted that such
power might in certain contingency, be
necessary to the salvation of the Union itself.
The contingency to which Madison referred
could only be where a number of States were
disposed, if let alone, to disfranchise all who
would favor the Union and eDfranchise all who
would favor Secession. This was exactly the
state of things at the South until suffrage
was made impartial. The power of the
States being thrown by their suffrage law into
the hands of Rebels, the States would be Rebel.
The power being thrown into the hands OF
Union men, the States would be Union. The
ultra Radicals in Congress will rejoice, therefore,
at the vote of the Ohio Democracy; as they
hold with Madison that the Constitution as 1t
is authorizes q National uniform suffrage law !;
whilei it is certain that the Constitution, with
the fourteenth amendment added, would not.
Mr. Sumner, we believe, has long since intro
duced such bill. If he shall finally secure its
passage through the failure of the fourteenth
amendment, it will not be the first time that
the efforts of the reactionists have unwlttlngly
aided the progress of Radical measures of equal
national Justice.
The third section of the amendment debars
from holding any office, civil or military State
or National those who, having previou..y taken
an oath to support the Constitution of the
United States joined or aided the Rebellion.
Whatever may be the views of Congress, we
always regarded this provision as unnecessary.
We think some of the best friends Of true and
radical reconstruction i'll the South will be found
among those who fought, toiled, and suffered
for the Rebellion. Mr.. Reagan, formerly of
Dayis's Rebel Cabinet Gov. Brown of Georgia,
and hundreds of Others are instances of the
truth of our view. We are opposed therefore,
to all cast-iron constitutional enactments which
will exclude some of our ablest and best friends
from Federal and State offices because of their
participation in Rebellion in which 100000
of people werel engaged. Impartial suffrage
given, the cause of truth and freedom will
carry majority of the Southern States, and
we are content that our friends or enemies al
the South shall elect whom they will. While
suffrage was restricted to the Whites, and no man
could run for office at the South without show
ing brilliant Confederate record and avowine
his answering loyalty to the Lost Cause il
seemed, specifically, as though some such pro-
vision rs the above excluding Rebels from
Office might be necessary. But with impartial
suffrage it becomes unnecessary, obsolete, and
rather pernicious than otherwise. AT least, we
have outgTown its necessity through the on
ward strides Of legislation subsequently made
and, if the Democracy of Ohio can enjoy the
work of repeating it, they save the Republican
party the pains, while in no way diminishing
our pleasure at the event.
The fourth section of the amendment asserts
the validity of the national debt and prohibits
payment Of tho rebel debt, or any claim for
the loss or emancipation of slaves. These
issues, too, are past, since reconstruction on the
basis or impartial suffrage went into practical
effect. With the Southern States reorganized
on a loyal basis as is now being done, there
will be nobody to ask for the reputation OF
the National, or payment of the Rebel debt OF
for slaves, except, perhaps, the Vallandgham
Democracy of Ohio; aud their squeak will be
faint.
1t may, perhaps, be said that the repeal OF
the fourteenth amendment will interfere with
reconstruction, since the present acts of Con-
gress require that it shall be adopted, before the
demonstrating States can be admitted. But
convenience.
In fact, the fourteenth amendment was an
olive branch held out by Congress to the Rebels.