The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-03

Some Chat With a Vigorous Thinker In
OhiO-His Views on the Condition Of the
Countryside Great Importance OF the
Fourteenth Amendment.
CADIz, Onio Nov. 20, 1865.
'No, sirn said Mr.. Bingham, Reconstruction is
not yet done wItn--the future is not secure.n
"And why nots"
eBecause the fourteenth amendment IL not safe.
Every power for the salvation Of the general gov
eminent Is in that measure, and II Is eminenty ne
cessary that 1t should become properly and beyond
all question part OF the law, for without 1t there s
no power. Attempts TO destroy the Union arc not
the less but the more imminent for an attempt hay
ing once been made; but the next attempt may not
assume the military character. y may come in
shape that will require Us to hight it in the courts or
be unable 10 raise our hands against it. The gov
eminent must be able TO crush In the courts those
possible abuses Of power the part Of the States
that put them In connict with the nation.n
"what Is the exact status Of the amendment
inowp
"well, the Chief Justice, In charge in Virginia,
said was part OF the law and this apparently does
for the people, but Il this is only declaration OF the
Chief Justice the majority Of the associate Justices
can overrule H."
"But is this only declaration OF the Chief JUS
ticeSn
.srhe amendment was proclaimed by Mr. Seward
a. accepted, but IL was proclaimed with an II and
whereas obviously. Congress has by Joint resou-
ton declared the measure carried; but joint rcsou
ton is law only to the two houses. Unless, then
there Is something moro than oil tnis the Amend
ment cannot stand an examination In court. Con-
gress must by bill, reciting the amendment and nam
ing the States that have voted for u, socmny de-
clare part OF the organic law I, viii have forces
tI this Ia done There In bill for this purpO2o now
lying on the table OF the Judiciary Committee which
| that committee agreed TO report and did not and
which stands a. unfinished business Every day that
| goes by without the passage OF such OH by Con-
! gress imperls the amendment greatly oregon has
withdrawn her assent, and OHIO and New Jersey
| nave done the same. This leaves as only twenty
eight states, and the loss OF another would deprive
| us OF three -fourths.-
do you assent then 20 the right OF states Co with
| draw q vote like thsfn
"No. believe IL IL case IN which the power Of
the Legislature is exhausted when II Is exercised
the first instance. But law like this should NOT be
left 10 legal nicely The acceptance OF this law was
the first Will OF the people In u great moment. IL
was the broad, honest impulse the intuition OF the
right That swept from Maine 10 California The in
wisdom. When sucfsn intuition Ia crystallixed into
law that law represents the universal, even though
unconscious perception Of some great m ruth, a.
relations between the general government aud the
states depends upon the fourteenth amendment and
that the only security the war has given s In the
power II gave us to make that amendmensw
substantially that. There was evidently no power
OF prevention In the constitution before and there
was none because the trainers OF that instrument did
| not deem any necessary. They assumed political
honor. They guarded the national existence with
the obligation or an oath-tne oath OF allegiance TO
the constitution OF the Unied states that every state
official takes. Daniel Webster held that the very vi
tally o. TIE spgerpmsnt vas In that oath AID ~