The Portland daily press., 1868-07-21
The Fourteenth Constitutional Amend


The Fourteenth Constitutional Amend
ment. 1-..
THE ORGANIC LAW REPUBLIcANIzED.
One by one the States of the Unien have
ratified what is known as the 14th amendment
to the constitution, till at length three-fourths
of all have given their assent, and it has be-
come part of the fundamental law. The i'm
portance of this amendment cannot be oyeres-
timated, since it goes a great way toward REM
edylng the defective democracy of the consti-
tuition. 1t has been pending since the 18th of
June, 1866, aud has therefore been often oyel-
looked, attention being diverted to other i'm
portant measures that supplemented without
supplanting it. The text is as follows: r-
SECTION 1. All persons born or naturalized
IN the United States and subject to the iuris-
diction thereof are citizens of the United
States and of the State wherein they reside
NO state shall make or enforce any law winch
shall abridge the privileges or immunlties OF
citizens of the United States; nor shall any
State deprive any person OF life, liberty or
property, without due process of law, nor de-
ny to any person within its jurisdiction the
equal protection OF the laws.
SEC 9 Representatives shall be apportOn-
ed among the several States according to their
respective numbers, counting the whole num-
Der of persons in each State, excluding Indians
not taxed. But when the right to vo'e at any
election for the choice of Electors for Presi-
dent and Vice-President of the United States
Representatives inCongress the executive and
Judicial officers of a State, or the members OF
the Legislature thereof is MED to any of the
male inhabitants of such State, being twenty
one years OF age and citizens of the United
States, or in any way abridged, except for par
tlclpatlon in rebellion or other crime the oasis
of representation therein shall be reduced IN
OrOOOrtiOn which the number OF Sucn male
citizens shall bear TO the whole number of
mall citizens twenty-one years OF age in SUCH
State.
SEC. 3. No person shall be a Senator or
Representative in Congress, or elector of Pres
ident and Vice President, or hold any office,
civil or military, under the United States or
under any State, who, having previously taken
an oath, as member of Congress, as an Off
Ger OF the United States, or as member of
any State Legislature, or as an executive Or
judicial officer of any State, to support the
Constitution of the United States, shall have
engaged in instruction or rebellion against
the same, or gwen aid and comfort to the enc
mics thereof. But Congress may, by vote of
two-thrds of each House, remove such disa-
bility. .1u-tsf-f
SEC 4. The validity of the public debt of
the United States authorized by law. includ
ing debts incurred for payment of pensions
and bounties for services in suppressing insur-
rection and rebellion, shall not be questioned.
But neither the United States nor any State
shall assume or pay any debt or obligation in
CURED in aid OF instruction or rebellion
against the United States, or any claim for the
loss or emancipation of any slave; but all such
debts, obligations or claims shall be held ille-
gal and void. asa - =tH.a ..Ea4-.a u:
SEC. s. The Congress shall have power TO
enforce, by appropriate legislation, the provi-
siOns of this article.
The first section forever sets at rest the vex-
ed question, "Who are citizens of the United
States?" This question had been obscured by
the decisions of a pro slavery judiciary, and
the ignorant defamation of pro- slavery dema-
gogues. 1t does not in fact estab lsh any new
principle, being merely declaratory of what
has been the law ever since slavery was abol
ished; but it precludes any further agitation
of the subject and in the last clause anticipates
and prevents any evil effects from the future
repeal of the civil rights bill by a possible
Democratic Congress. .-.--.-..... .. I
1t is particularly deserving of attention that
all persons are declared to be citizens who are
born or naturalized in the United States and
are subject to the jurisdiction thereof This
language is sufficiently comprehensive to in
clude women. Free women always hare been
citizens, yet the fact seems often to have been
questioned. -hl- -e+---. ti1
Section first secures cica rights directly. 1t
is the purpose of the second section to secure
political rights, but it is unfortunately by an
indrection. 1t has always seemed unaccount-
able that Congress did not take the coDserva-
tive bull firmly by the horns and make this |
section provide that there should be no denial |
9 political rights instead of leaving it, as they
have, discretionary with the States to limit |
Ihe franchise or not, only making the proper
tionate loss OF representation a penalty for do
ing so. Events that have since happened rem
der this consideration immaterial so far as the
Southern States are concerned, for the new
constitutions adopted in pursuance of the re-
construction acts have established impartial
suffrage, and only Blair's revolution can over
throw it. But in many of the North States
the dense stupidity and ungenerous prejudices
of the Democrats and conservative RepuDli-
cans" will still avail to exclude the blacks from
the polls, the penalty prescribed in the amend
ment being imperative so far as they are con-
cerned, since the black population is not in
any case numerous enough to make their dis |
result in q loss of representa-
ton.
The remaining sections of the amendment |
are absolutely unexceptonable. No reason
able man will complain that it is too severe
penalty for the grosser types of treason that
the criminai sfraff be excluded from pc
sition, especially when provision is made for
the removal of the disability by two-thirds
vote of Congress. None but those who are
still possessed by the old pro-slavery spirit will
object to guaranty against the payment of
the Rebel debt and compensation to slave
holders for their lost chattels.
If this amendment alone represented the
whole work of the Republican party, it would |
be glorious monument to its generosity, pu-
rity and Justice. 1t has been established in
spite of the disapproval of Democratic Pres
ident, who unable from the nature of the case
to veto it, INDUCED his weakness for that
branch of executive authority by sending in
document in the nature of veto but without
its efficiency. 1t had the adverse votes of ey-
cry Democrat in both branches of Congress
and in every State legislature where it has
been acted upon. The Democratic legislatures
of Ohio aud New Jersey have even attempted
to nullfy the action of their Republican pre-
decessors by Withdrawing the assent of their
respective States. But now it is where the
gates of He'll cannot prevail against it.