The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-04-21
Constitutional Authority.


ed 10y. Reverdy Johnson. Rogers Of New
Jersey and Girdcr of Kentucky. says that
the proclamations Of amnesty issued by
President LINCOLN ana his successor. with
the consent of Congress. were incon-
sisteut with the idea that the parties
they included were not TO he considered
in futurc restored to all rights he
longing to them as citizens Of their
respective States.
"A power 10 pardon Is q power 10
restore the offender to the condition in
which he was before the date of the
OncnSc pardoned- These amncSties would
be but faIs,. prctenseS if they were To
he practically construed leaving the
parties who had awaited themselves OF
them. in almost every particular. in the
if they had rejected them CThorp".
Vol. ?. pa. 392- As to the effect Of
pardon and amnesty, see In Parte Car
land. ( Wallace
This proposed amendment was a viola
ton of good faith on the part OF the
Government. As 10 the origin. purpose
and design of the fourteenth amendment.
again quote y. Capperton BraNtOn:
THAT qualifications for suffrage were
in the exclusive control Of the state was
a doctrine Of such long standing and so
well established that up TO this time
pra cticaHy no one had dared to question
il Mr.. Sumner. il is true. had Vcntured
to do 80 in the year before, when in the
Senate in February, 1865. nc had opposed
the rcadmissiOn OF Louisiana unless she
would adopt Negro suffrage. but his col
leagues had good naturcdly laughed at
him as extremist. and he had ad-
mittCG that public sentiment was over
whelrningly against him How then was
the Federal Government to secure sat
isfactorv basis of suffrage in the South
ern States? Clearly other amendments
to the Constitution were requisite. but
to what extent would the North cOnSFn :
to amendments that necessarily Wollr
affect them as much as the South? Lei
The Dread Scott decision. holding
free Negroes not To be citizens, was al
ways unpopular in the North. and was
rendered much more so by the result OF
the war. II was reasonably sure there
fore. that an amendment comforting cld-
zenShip upon them would be practIcaDle
The nation. by giving him freedom had
deprived him OF the protection OF mis-
master. II was therefore but just that
IL should give him in lieu thereof the
the ground was safe. The freedman :
civil rights could easily be provided for
aQd he himself would have been more
than satisfied to let matters rest there.
II was more than he had ever hoped Tor.
and all that ne desired. at least so far
as ninety per cent OF his race were CON
cerned. For be il remembered that the
Southern Negroes, as a race. had neither
requested nor desired suffrage. and the
demand for it in the south had come al
baggers.' But the Negroes Nort6erH
friends were vastly more interested IN his
political than i'm his civil rights, for these
concerned them as well as him. That
Negroes should ever have been counted
in fixing the apportiOnment or the
States representatives in Congress or the
electoral college. was always a bone Of
contention between the North and The
former; but If it were unfair that three
ffths of them should he counted when
they were slaves. how much worse was
it that now as freedmen nNe-hfthS Of
them should enter into the computation.
There would he no trouble in the North
to pass A constitutional amendment cor
recting this, but what should that amend
ment be-
Basis of Representation.
AT first it proposed that the
registered vote should be taken as a
basis of representation. but New England
cried out against this on the ground that
the heavy emigration of her young men
made her voters abnormally few in pro-
portion to her entire population, especial =
~ as compared with the West. Then IL
was suggested. that the white poulatIon
only be taken as a basis. but this was
resisted by all the advocates of Negro
suffrage. who hoped some day TO see IT
established. What then was to he done?
Some were for giving suffrage to the
Negro out and out, but they were met
not only by the opponents Of Negro sUf-
frage. but even by those advocates OF
il who were opposed to deprivinS the
States of their unlimited control of Suf-
fragp qualifications Many men TecOg-
nized the peculiar conditions and political
eXigencies which. in their opinion called
for Negro suffrage in the South. but they
bitterly opposed it for their own States
in fact. there were not a few who de
sired il in the South for the identical
y
home; that is, that the Negro might be
induced to remain in the South He had
ever been regarded by the free states
as an undesirable immigrant. and they
were now in more danger Of his invasion
than ever before. especially if the first
clause Of the proposed amendment SeCur-
ing him citizenship and the equal prOtec-
ton Of the laws, should be adopted, and
thus nullify all their old laws discrimi-
mating against him
All of these perpIexinG consid era tions
were weighed and discussed by the Joint
Committee on Reconstruction. To whom
were referred all bills on the subject. in
gSiing several for general Negro suffrage
throughout the Union. and for permanent
Acknowledgement of the rebels Finally
II was suggested. as revelation from
heaven. that the difficulty could he solved
by wording an amendment as to in
duce rather than compel the States Il
adopt Negro suffrage. which il was
claimed could be accomplished by cutting
down their representation in proportion
as they should deny their male citizens
the electoral franchise on account Of race
This WAS believed at the time TO 10
almost a divine inspiration.
Everybody To Be Satisfied.
Under this arrangement. il was said
everybody would Sct what they wanted
The states .iChtS men would observe
that each STATE was left free to resUla L
suf1TaSo rs II chose. the New EngldndeTs
would lose 10 part OF their representation
the free States would hc At liberty l.
continue keeping out Negro immigrants
/ ny denying them the suffrage. and yet
their cNiStinC roiorad pouiation was -
small taat th"v vyoula loso = absolutely
nothing in theis Federal representation
''Rut the southern States. where The
Negroes We're nearly half the population
could not, il was said. resist the tempta-
ton to double their political power by
nnfranchisinG their Negroes voluntarily
thus satisfying NJ once those who wished
to reward the loyal Negro by giving hin
the elective 4 anchiSe- those who wished
TO punish the tisloysi states by making
them purchase. with Negro suffrage.
right tlev had always enjoyed under th'
Federal Constitution and those whG
wished to peTpetE5te the power OF tn
Republican party with Negro votes.
But the question is,-waS this amend
nent conSti.utiGualIy proposed and con
! stitutio1ai5y -atifcd2 Is Z. in othe
words 4 rs~r II tire Constitution Of tin
4 United Sta eS2 Article Five ~ the Fed
| eraI Constitution declares that
Meaning Of "Two-Thirds."
/ 1.-The Congress. whenever tWo-thirds o
both Houses shall deem It necessary