The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1871-02-25
country, acting through the Gov
ernment Of the United States.

ernment Of the United States.
The whole trouble with the Dem
ocratic party 10 that it fails To per
ceive the wrongfulness OF the re
bellion. That fact once admitLoi
all the consequences which We
claim, forfeitures upon the one
side, rights and powers upon tue
other, follow inevitably. Need !
argue that the people who remain
ed true to the Government had q
right to protect themselves against
future rebellion ? Need / asgue
that when . rebellion has aeen
suppressed rebels have not an
equal right With loyal men to pre-
scribe the terms OF peace Ii
there be any difference between
right and wrong, between loyalty
and treason, ! need not argue these
questions. ata 1gF e5
Assuming, therefore, the wrong
fulness Of the rebellion. and that
treason was . crime which carried
with it the forfeiture Of political
rights. and that the loyal people of
the United States, acting through
the Government, had q ri sht to ex-
act guarantees for their future
peace and safety, / come to the
question how these guarantees
were to be obtained and how that
security could be taken Is it not
obvious that those guarantees
should be placed in las AS nearly
as possible irreversible, that tle
security to be Of value must be
written down in the Constitution of
the United States and placed be
yond the reach of those fiactu4
tions in parties which occur so tfe-
quently in Government like onrs2
This conclusion. SO reasonable,
was at once adopted, and the guae-
antees were proposed in the form
Of amendments to tue Constitution,
and the restoration of the late reb-
ell States to representation in Con
gress made dependent upon Their
ratification. Haa
According to the theory of some
distinguished statesmen these
/ amendments could be adopted
without the consent OF any oil tha
rebel States. They held that those
States by going into the rebellion
had ceased to be States, and were
held as conquered provinces to be
disposed of like other territories.
aud that the ratification of the
amendments by three feurths Of
tho rem Aining States was sufficiens
/ The other theory was that the reb-
4 ell States were still to be counted
as States in the Union, but having
forfeited their right to representa-
ton by going into the rebellion
were entitled to have it restored
only upon such conditions as were
compatible with the future safety
of the nation and not inconsistent
with the Cons '~.ion Of the United
States. a4 81
This latt~ theory seems to have
been the one adot Led by Congress
N proposing the amendments and
in the enactment Of the reconstruc-
ion laws. s INaa Hsm
Bv the reconstruction acts Of
1867 the ratification of the four
. .eenth amendment by the late reh-
Il States was made q condition to
their final restoration to political
lights. Afterward. and before
Virginia. Mississippi, Texas, ana
{ Georgia had complied with the
ID conditions, the fifteenth amend
nent became = manifest. necessity
I, the peace and safety Of the na
! ion. and Congress required those
tour States, in addition to the terms
, prescribed in the acts of 1867, TO
ratify the fifteenth amendment be-
fore final restoration. 4R5a
/ Now the argument is that this
3 condition was uncolstitutional ;
that the people Of those States had
I right to representation already,
and had such right from the very
moment they laid down their arms
If the rebel States forfeited no
rights by going into the rebellion,
,h, n their ratification Of the amend
ments was as valid as if made at
ter being restored to represent
ton, for they we're States vested
with original powers to ratify
amendments before as well .ls af.
ter. II they were still to be count
ed as States, but regarded as hag-
ing wilfully abandoned it, and en-
ii gaging ia the rebellion. it, was
Is clearly competent for Congress 4
, prescribe the terms upon whici
they should be restored to its on
joyment. But it, on the .othel
hand, they had lost their STAT,
character, which was only restoreC
by their admission to representa-
J ton, such new, admission into thl
} Union. BY we'll recognized Iprln
!. ciple of constitutional law. woult
: relate back and validate their pre-
, yious acts ratifying the nmend
mend nents Tho Constitution pro
, vides that Senators shall be ,chosei
by the Legislatures of the States
but it has always been held tha
the admission ofsa State into Ia
) Union validated D. previous elec.
; ton of Senators while yet a Terri
} tory. Such also has been the uni
7 form construction where Territo
: ries proposing to be admitted q
= States have been required by Con
! gress to enact certain laws, or CON
t ply with certain-terms US e9nii
. | tions-precedAnt to their admission
: Their sRbseQpent admission, ha
: always been held 10 relate bac
D and validate such enaetments o
v agreements. III the Territory O