The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-07-24
The Howard Amendment.

The stream cannot rise higher than i's
source. All the concurrent resolutions ah'
proclamations that could be passed and
issued between this time and next Christ
mas would not give vitality and validity 10
the HOWARD amendment If 1t IS no'' oy
virtue of the previous acts of Congress an"
of the several State Legislatures, ALREADY
part of the Federal Constitution. Mrs. JONES
cannot acknowledge deed for Mrs. SMITH
Congress cannot ratify constitutions
amendment. This must be done by inc
Legislatures Of three-fourihs Of the STATES
There is no other manner IN Whlcn IL Gun
bedone. The editor of the New York Herdld,
however, who seems to be totally ignorant
of constitutional law, calls for q new procia-
nation from Mr.. SEWARD "to end ali
doubts on the subject" This demand Is so
absurd that it can only provoke smile OF
scorn even from the Radical lawyers In
Congress. Yet it is upon just this kind Of
ignorance that Congress presumes when 1t
passes reconstruction acts, freedmen's bu-
reau acts, acts taking away the Presidents
constitutional powers, acts deprivlng the
Supreme Court of it's lawful jurisdiction,
and concurrent resolutions declaring that
the HOWARD amendment has become part
of the Constitution. That body knows that
nine-tenths Of the northern people, inclu-
ding the Bohemians who handle skilful
pens and write for the papers, have no
clear ideas upon constitutional and legal
questions. They cannot for their lives de-
termine of their own knowledge what is
constitutional nor what is unconstitutional.
Hence &" fragment Of n Congress can
with IMMUNITY violate the Constitution day
after day.
AS to this HOWARD amendment, there
ought not to he two opinions among intelll-
gent men. 1t was not proposed by con-
stitutional Congress. Ithas, therefore, never
yet even been submitted to the States for
ratification. But conccding that it was
proposed in constitutional manner, no
one can possibly believe that it was ratltled
in that way. The bogus Legislatures OF
bogus States-the scalawag representatives
OF. negro constituencies-the slaves Of power
and the supple tools of the bayonet-the
creatures of force and the pensionaries OF
the Freedmen's Bureau-have indeed pre-
tended to ratify it. But they lacked the
constitutional authority to act upon the
subject. Their pretended acts of ratihca-
ton are as clearly invalid rs would have
been similar acts ON the part OF the negro
county conventions that selected them Tor
the purpose. The receiver Of stolen goods
is not generally supposed to be any better
than the thief: and it would be Il strange
thing if the receiver could acquire title
to the property because some one else stole
it. SO it is with the negro Legislatures.
They are no better than their negro consti-
tucucics; and they cannot constltutlonally
exercise a power which has been wrcsted
by force from those in whom it inhcrcs
under the laws and the Constitution.
Congress, therefore, may pass as many
concurrent resolutions rs 1t pleases, anu
Mr.. SEWARD may issue as many proclama-
tions as BENNETT may call for, and yet the
so-called HOWARD amendment will remain
invalid and of no force. The present adj
ministration may choose to treat it with
reverence. but the next will pay no more
respect to it than the Radicals do to the
Constitution adopted by our fathers of the
first revolution.