New-York tribune., 1873-04-15

place this main and vsuabe result OF tns f,n
rho Ionsitution of the restored Union, ms one " 81
damcntal articles. Hence the Thlrteonth c,ions
amendment of that instrument its TWO shv sorons is
their expression and appropriate to tho Pu'po'' "
Nb slavery nor involuntary serytude punIh@sn,
for crime whereof the rariv shil have ge,n o91 & -eion
CONGRESS shar have power 30 enforce this article 'PP
10 withdraw the mind the contemplation @ Si lhis
grand yet simple declaration OF the ~ M W
aI the human race within the jurisdiction Oh thIs
GaveTnment - q declaration designed expressly TO
establish the freedom of four millions VI sId'es- anu
With microscopic search endeavor to hnd in II a
reference 20 the servitude which may have been
attached TO property in certain localities, requires IN
''''p'' MrNSISs OF TmE THIRTEENTH AMENDMENT.
That 1t was personal seryitude that was meant, Is
proved 10y The OF the word " involuntary" which
can only apply human beings. The exception OF ser
ytude as a punishment for crime gives an idea OF Tue
class seryitude that is meant The word seryltude
OF larger meaning than slavery as the latter Is p0pu-
lary understood IN This country aud the obvious puT
pose was 10 forbid all shades ana CONDITIONS OF
African slavery! IL was very well understood
that in the form of apprenticeship for long
island Islands DO on the the abortion Of slavery by the
English Governments by reducing thom TO the condl.
ton sers attached TO the plantation, the artice might
have been evaded, only the word slavery had been
ae ease 9 tne ht SGye s9 an uSaSI Sa
writ OF habeas corpus under THIS article Illustrates TINS
course OF observation Matter of Turner abbot. u D.
X. Sd And A. is all that deem necessary 10 say on
the application of that article to the statute OF Louisiana
now under consideration. -,.,
the Fdera Government and with the other States those
which had sided with the Rebellion, undertaken under
the pfOclamatiOn of President Johnson In 1862 aud
before The assembling OF Congress, developed the fact
sates OF the aboos Of slaverS the Condition of the
would, without further protection OF the Fed
eral Government, be almost as bad as II was before;
Among the first acts OF legislation adopted by several Oh
these States in the legislative bodies which claimed TO
in their normal relations with the Federal Govern
ment, laws which imposed upon tho cOl0rSu race
disabilities and burdens, and curtaled her
rights in the pursuit OF life, liberty, and property 10
such extent that their freedom was OF niue value
while they had lost the protection which tney nan ha5 ref %
| c,.y pd from
They We're in some States forbidden TO appear in the
towns ia any other character than menal servants;
They required TO reside on ana cultivate te son
without the right 10 purchase own it, They were cx
ciuded from many occupations of gain. aud were not
permitted give testimony IN the courts III any case
lives were AT the mercy bad men, either because the
laws their protection were insufficient or were not
These circumstances. whatever Of falsehoOd or mis-
conception have been mingled with their pTesenta
tion, upon the statesmen VINO had cODuuc'ou he
Federal Government safety through the crisis OF He
Rebellion and who supposed that by the Ihlreenth AIt
Gle of amendment they mad secured the result oi tno
labors, the conviction that something more was neGes
sary in the way of constitutional protection 90 the u
fortunate which had already suffered 50 uch Iny
accordingly passed through Congress the pIopos'0h
cned 10 treat as their full participation In
the Government OF the Union, the states which had
formal vote of their legislative bodies. ,,.,
Before proceed TO examine more critically the pro-
visions of this amendment on which plaIntls III error
rey complete and dismiss tins history OF the re-
amendments that history relates 10 the general
Fiehce sotised the thoughtfuI men who had been the
of the other two amendments mat %
ing the restraints Of those articles the states ana the
laws passed under the additional powers granted 70 Con
gress that these were sill inadequate iOrt1st
| To- life, liberty, and property, without when
freedom to the slave was no boon. Ihey
Mere suare IN al !Eose TSe a%s veTe made ana
administered sby the white man alone. IL was urged
that a race of men distinctivey marked, was the
negro race living in the midst another and dominant
race I'D be fully secured IN thelr persons anu
their property without the right OF suffrage Henee he
Fifteenth Amendment which declares that the right OF
citizens of United states 70 vote snail not De ueneu
or abridged by the United states or by state on ac
count race color. previous eOndiuOn OF servtude
The negro having by the Fourteenth Article been de-
clared acItizen OF the Umted sta'e'' Is 'huS aoo
| voter in every State OF the Union.
We repeat then in the light Of this recapuation OF
events almost recent TO be called history but Whch
familiar with us ALL and ON the most casual eAah
nation language of these amendments no one can
fail 10 be impressed with the one prcvmbg puiPosde Pd
found in them ALL y ing at the foundation OF each, ana
without which none of them would have been even 9s
gested We mean the freedom OF the slave race, tne Sc
curity and firm establishment OF that freedom ana the
protection the newy-Inade freeman and citizen from
The oppression OF those VINO had formerly oAercIse IN w
limited dominion him. Ii is true that OhS the ft
teeuth Amendment In terms mentions the negro race oy
speaking OF his color and his slavery; Dn u IS JGSt s
true that each Of the other articles was addressed 10 me
grievances OF that and designed TO remedy them as
ALL KINDS OF SLAVERY FOREVER FORBIDDEN
share ia thus protection Both the language spirit
of these articles have their fair aud just weight in
ses ago rbe ~ ,rcie ~ forbds Sn4 other kind
OF slavery, hereafter II Mexican peOnaSe, or
the Chinese cooley labor system, shall develop slavery
OF the Mexican OF Chese race "ien Sdi t rSys
it void And so if other rights are assaied ,Dy Dy
the States which properly and necessarily idn
within the protection Of these articles, that protection
will apply, though the party interested may not be OF
African descent what do say. and what we wish
10 have understood that any fair and just construc
tOn of section or phrase OF these amendments II is
necessary TO look always 10 the purpose which we nave
sald the peryading spirit OF them ALL the evll weh
they were designed TO remedy ana the process Oh con
tnual addition to the cOpSututlOl uhtI tndI pupose
was supposed to be accomplished as far as cOusttu
The first section OF the Fourteenth Article, 70 which
attention is more specially invited opens WIN de
tnton of czensbip-nOt only citizenship OF the United
states but citizenship OF the States no such uenuoh
previously found in the Constitution nor had any
attempt been made To define IL by Act OF Congress III
had been the occasion discussion in the courts
by the Executive departments, and III the pubic jour
was citizen Of the United States, except as he was
citizen Of OF the States composing the Union THOSE
therefore, who had been and resided always IN the
District OF Columbia in the Territories though wltnn
the United states, were not citizens: whether tMs
proposition eOund or not had never been 1u-
dicIaly decided But it had been held by TINS
Court in the celebrated Dred Scott case only few years
before the outbreak of the civil war, that man OF
African descent. whether slave or nor, was not ana
could not be citizen Of state or OF the United states
This decision met the condemnation OF some OF
the abes statesmen and constitutional lawyers oi the
country had been Overruled. and If it was 10 be
accepted as a constitutional limitation OF the rRht OF
citizenship, then all the negro race who had recently
been made freemep were still, not only not czens Dut
even Incapable becoming by anything short OF an
amendment to the Constitution. ~
To remove this difficulty primarily, ana 10 estaDnsh
clear comprehensive definition OF citizenship which
should declare what should constitute c1Zenslp Oh the
United States and also citizenship OF state, the first
clause OF the first section was framed:
persons born naurd the United States and subject to The
juscoD citizens OF the United States and of the State
v xberein they reside"
The first observation have TO make on this clause
Is that It puts at rest both the questions which we
stated to have subject OF differences OF opinion
U declares that persons may be citizens OF the United
States without regard TO the citizenship OF particular
State; ana the Dred scott decision by max
ing all persons within the United Statee and sub
ject Its Jurisdiction, citizens OF the United States
That III purpose 10 establish the citizenship
of the negro ADMIT doubt The person subject
10 ts Jurisdiction" was intended TO exclude rom its
.i,,I,ra nj aAt pf