The New York herald., 1870-03-09


Alabama Maine, North Carolina,
Arkansas. Aassac husetts, ohio,
Connectlcut, Michigan. Pennsylvania,
Florida, Minnesota Rhode Island,
Georgia. Mississippi south Carolina,
Illinois Missouri. Texas,
Indiana Nebraska, Vermont,
Iowa. Nevada Virginia.
Kansas. New hampshire Yves. Virginia.
Louisiana New YORK; Wisconsin.
| The whole number Of States being thirty
seven, and twenty eight being three-fourths Of
| this number, this amendment has been ratified
| by the States required, and viii soon be pro-
claimed part of the constitutlon-' 'sthe supreme
law of the land" These are enough, leaving
out New York, whose ratification has been
rescindsd by the present democratic Legisla-
ture; and even without Indiana, too, from which
Legislature the democratic members seeded.
and plead that as there was no quorum In their
absence, although . majority was still left,
there was no ratification.
But the democratic journals still insist that
as the Southern States were coerced into this
ratification while held to be States outside the
Union, all such ratifcations are unc0nstitu-
tional and cannot stand. These journals, upon
this construction, ask how State held to be
out of the Union can be counted in these rati6-
cations as State in the Union. We will
answer. The question is quibbe. The lately
rebelious States have been held as States by
Congress all the way through. Mr.. Sumner
and the late Mr.. Stevens desired to treat them
as Territories, but Congress declined to do so.
Even in the admission of West Virginia, in the
midst of the rebellion, Old Virginia was
treated as State in the recognition Of her
consent to the separation. All the members
of the late rebelous confederacy, all the way
from Fort Sumter, have been treated as States,
but as States forfeiting by rebellion their rights
as members Of the Union, and subject, in the
restoration Of these rights, to the pleasure OF
the Congress Of the United States. Thus, for
instance, Congress could admit any one OF
these rebel States to the right Of governing
itself partially or entirely, to the rights
of its boundaries, to the privileges
| Of the United States mails, to the
advantages Of the United States courts as
well as its own courts, and to the constitutional
privilege, as condition Of restoration to Con-
gress Of the ratification Of constitutional
amendment. The Supreme Court Of the United
States in the Rhode Island case Chief Justice
Taney delivering the opinion, decided that the
local organization which Congress recognizes
as the State is the State, and that herein il
no appeal from Congress.
A State, too, may be recognized, with
the reservation that it has yet some
conditions to fulfil before it can be ad-
| - v<otia IN ~
this rule may be made applicable to New York
! as well as to Virginia. For example, let us
: suppose that we have had an election for Gov
ernor, State Legislature and members of Con.
; gress in New York, and that one of our Senators
! in Congress has resigned and the term of tn
! other has expired, so that both the seats 0
! New York in the Senate will have to be filed
: But let us further suppose that such have beer
the disorders in ballot stufing, the destruction
of ballot boxes, &C., that Congress is satisfied
that this whole State election in all Its part
has been fraud and a mockery, and that ac.
cordingly the new Senators and all the othel
members from New York are denied admission
into Congress, does it follow that, being en-
tirely excluded from Congress, New Yorl
ceases to be State in the Unon2
The thirteenth and the fourteenth amend
ments of the constitution, recognized inciden
tally by the Supreme Court as parts Of th
supreme law, owe their ratification each t
those Southern States while yet excluded fron
Congress. So with this fifteenth amendment
It is as much ratified now as if the excludes
States concerned were represented in Congress
because that State organization which Con
gress recognizes as the State is the State.
, l ----------------
THE MONROE DooTRINE.-The Senate Com
mittee on Foreign Relations has agreed Il
report bill asserting the general doctrine
that no European prince or Power shall flt OH
vessels in the United States to subdue or max,
war on any territory on this Continent" If
were not for Canada-and all the shipyards Q
Nova Scotia-and if this were not an age il
which steamers cross the Atlantic in tw,
weeks, this would pass for mild assertion o
the Monroe doctrine, for then it might proven
European States making war this side tn
Atlantic. But as it is it will pass for nothing
of the sort, and is mere blatant buncombe--al
the worse in its character for the fact that j
: comes after Spain has bought here all tn
vessels she seems to need in her operation
against Cuba.
BUSINESS IS BUSINESS. s.--The sharp old cod
gers Of the New York Chamber Of Commerce
hold to it that business is business, and the,
don't mind doing little stroke outside o
. business hours every now and then. Thei
, last is the presentation Of resolution to Con
gress setting forth that the government il
their opinion, ought not to go into the business