Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-04-03
WEDNESDAY. APRIL 3. 1885
rha Fonrtennth Amendment.


those amendments into the Constitution to
refer 10 the men who stand By the Constilu-
ton a. the fathers made II as violators oil
that instrument for as we have said here
iofore the Supreme Court OF the United
States would long ago have pronounced The
three amendments null and void If The
question Of their validity could have been
got before that tribunal.
Is the history OF the fourteenth amends
ment auy better than that OF the thirteenth
The latter amendment freed the slaves. The
fourteenth made negroes (and others citi-
zens, and undertook 10 guarantee 10 them
the possession OF certain rights. 1t also
DISTINGUISHED number OF COnfederates,
&C., &c. We are concerned now not Is TO
its provisions, but as to how II got into the
Constitution. II was proposed June Is,
1866, and declared in force July %, 1868.
Examine the Acts OF Assembly OF Virginia
for the session lS86-G7. gage 500, and you
will find the following resolution passed
January ., 1861, by our Legislature. After
reciting the proposed fourteenth amend
lDeut 10 full, the following resolution was
added:
"Be AZ reSOiCed 6y MIg Generoi assembly,
That they 90 not ratiiy the sad proposed
amendment to The Constitution OF the United
States.'
How was the negative OF Virginia changed
to an aiiirmatlyes Not bv argument but by
bayonets. March .. 1867, Congress "a rump
Congress- passed an act converting Virginia
into MILITARY District No. ~ General
SoHoFIE1D was our first military Governor.
1T was this sstrapy, governed from Wash>
ington by soldiers, that ratified the four
teenth amendment-not the State OF
Virginia. In 1869, under orders Is.
sued by General CiSRY, Legislature
was elected. This Legislature did, OF course,
what It was ordered to do. 1t was composed
mostly OF Democrats, but It deemed it polite
to elect Republican 10 the United states
Senate. So, also. II was opposed to the four.
tenth and fifteenth amendments but II was
compelled 10 ratify then; for the law under
which our mihtlry Governor issued bis
orders fo- the election Of Legislature pro-
vided that Virginia must ralify those amend
ments or she would not be admitted 10 rep
reseniatOn in Congress. The ratification
provided for by tie fathers Of the republic
was a voluntary one. The ratification by
Virginia OF the fourteenth aud fifteenth
amendments was done under duress. IL was
as II the State bad fallen into the hands Of
brigands aud been compelled to pay the
ransom OF ratification.
Thus Virginia first rejected and after
wards ratified the fourteenth amendment.
II her ratification was valid after her relec.
ton Of lift she had a right to reconsider
all the other States had right % reconsider.
ard, reconsidering, either 10 reject or rerati-
fy. 1t required the negative action OF only
ten States to reject Up TO April, 1861
twenty-one States had ratified the fourteenth
amendment and thirteen had rejected 1t.
Afterwards California rejected 1t. That
made fourteen. In January, 1868, Ohio
withdrew her ratification. In October, 1868,
Oregon withdrew her ratification. The
amendment was dead; but fraud and force
revived it. Certain southern States were
compelled TO withdraw their rejection and to
ratify the amendment or else be deprived OF
representation in Congress.
When Arkansas was admitted TO repre-
sentation in Congress under her military
constitution, iorty-fiye members OF the House
OF Representatives at Washington made a
formal written protest against the admission
OF members sent 10 Congress "by military
force acting under a Brigadier-General Of
the Army" We quote for the benefit Of
our readers a paragraph Of their protest
which tells how the Supreme Court OF the
United States was cheated out Of the right 10
decide the reconstruction acts unconstitu-
tional. The protest says:
"The s0.called reconstruction acts which
created the military governments in the
other southern states Virginia, &c.,l we
have every reason TO believe haze been held
10 be unconstitutional by me Supreme Court
Of the United States"
Think OF that. The Supreme Court had
come 10 the conclusion that the reconstruc-
ton acts were unconstitutional. Why, then,
were they not declared TO be so by that high
tribunal! Let the iorty-dye Democratic
congressman answer. They say;
"The public declaration Of (thisl fact was
avoided only by the extraordinary aud
strange device OF this Congress ia snatching
Jurisdiction from the court in the McCardie
case, when such public decision was about
20 be made"
Read that again. Upon the reconstruction
aets the fourteenth and fifteenth amendments
were erected; and because the Supreme
Court came 10 the conclusion In the McCAR-
DIE case that those acts were uncousttu-
tional, malignant, sectional Congress put
sc end 70 the case In the courts by taking
away the jurisdiction Of the Supreme Court I!
Again We say, the men who did this pirate
now about the sacredness Of these uneonsti-
tutional amendments
May II, 1868, Congress by a vote OF the
two houses amended the Constitution OF
Georgia! Aud Georgia Is one Of the States
which are counted for ratifcstioni |!
IL It sigange that MIR. SEWARD. the Seere-
tary OF State, refused 10 certify that the
fourteenth amendment had been constitu-
tionslly ratified! Read bis tell-tale words.
He no doubt expected the Supreme Court to
declare that amendment Unconstitutional.
After reclling the amendment and the law
making It his duty 70 declare it ratified, II IL
was ratified, be said;
"And whereas II appears from Official
documents on iile 10 this department that
The amendment 10 the Constitution 81
the United states proposed ss Aforesaid
has bean ratified by the Legislatures
Of The States OF Connecticut, New
Hampshire, Tennessee, New Jersey. Ore.
e0D, Vermont. New York. Ohio, Illinois,
West Virginia. Kansas, Maine. Neyads, Mis-
souri, Indiana Minnesota, Rhode Island.
Wisconsin, Pennsylvania, Michigan, hassa.
chuselis. Nebraska, and Iowa:
sAnd whereas II further appears from
documents on die In this department that
lie amendment 10 the Constitution Of the |