Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1861-02-21
Amendments to the Constitution.
REMARKS OF
HON. JACOB COLLAMER, OF VT,
In The Sennto Eabr,,nrra, Z 1891


tants OF Swanton, Vermont, praying for the
adoption OF the measure commonly known as
the torder State propositions. 1t is rarely,
| think, that trouble the Senate but de-
sire now TO make some remarks, for which
beg indulgence for a few momrn nts, in relation
to his subject. / am not proposing to make
remarks about secession, or coercion, or sla-
very, or the merits of any Of these topics al
all; but the petition which l have presented
invokes the exercise OF the power of Congress
10 relation to amendments to the Constitu-
tlon. 1t is upon that topic that | wish to
speak for few moments.
Mr.. President, | am willing at all times.
when the occasion properly calls for it, to ex-
erCse the powers that we legitimately have
by the Constitution but in my estimation,
no exigencies can ever Justify us in resorting
to any sort of devices and expedients which
the occason NAV call for, that are not consis-
tent with the fair construction OF the provis-
IONS OF that instrument. Now, sir, what is
the true meaning, the fair import of the pow
ers which are given in the Constitution TO
Congress IN relation TO its amend uent
when the Constitution was adopted, and
those who made it were about to put in exer-
clSe this great experiment, having created
for the first time General Government with
proportion the powers which the States had
previously exercised, to correspond with it,
they said Now, it may be that this Consti-
tuition does not invest sufficient powers in the
General Government tor ITS smooth and tut
cessful operation. Experience may show
that What, then, shall be done in such
contingency? Ii will be contingency ia
which Congress will have ascertainrd by ex.
pertinent precisely what further power they
need We say, therefore, that ghen Con-
Iress have thus a>certained that they need
any more Delegated power, they shall have
authority 10 propose amendments to the Con-
'iIutlon, which they shall send to the States
or to the people Of the United States (rf YOU
please1 in their States, either in convention
or in their Legislatures, for their adoption {;
and if three iOurths ofthem adopt them, they
shall become portion of the Constitution"
This was wanted for the use OF Congress.
No occasion was required for calling any ma
tiOnal convention D.; but the occasion would be
one which experience would develope, and
which Congress would feel the need Of and
Ill, was the arrangement to meet that con
tingency. But they further saio perhaps
upon experience and upon trial, it will turn
out that We have transferred too much power
from the States 10 the General Government {;
IL may HOTh udTu lot tue Ctdles tDty may
need to have amendments now, what provis-
ion shall we make, what arrangement shall
We prepare, for such a contingency. 1t can
not be reason ably expected that Congress
will, in such an event, make any propositions
for amendment to strip themselves Of power
which has been already delegated to them.
We therefore must not look to Congress for
rrIiet in such an emergency at all. Hence
- kbas 40 kn
article for such an event, for such a contin-
geney. by provid ng that if two thirds of the
States shall pass resolutions requesting the
cal, OF . general convention for the purpose
OF proposing amendments 10 the Constitution,
Congress shall call IT."
They said if the States want the Constitu-
ton amended, let Them amend It as 1t was
made, bv a national convention let them
see each other all around; let them compare
their views; let them see each other face 10
face. and then make such arrangement "a
the circumstances at the time may require
and when they have thus proposed their
amendments, Congress shall send those prop
osiiions TO the States either in their Legisla
lures or their conventions, for adoption. II
will be observed that in the latter arrange
ment the first leading feature Is this when
the people or the States want dmr ndnents
which they suppose they need, thy are to
have them whether Congress will or not; If
they call a national convention IN this way,
Congress has no power 10 sop 1t, but IS obIIg-
ed to call il without knowing what amend
ments vii be proposed. The stiles are not
bound, IN their resolutions which ak for
General convention, TO state what amend
,uenis they want; bu' simply to 'eclare tn
hey want a convent on; and Con !re.s :, M
IT. s.s.fI
j., bound to call it; and again, when it l.
called, and it proposes amendments, Congress
has no right to examine into the merits Of
those amendments, bur is bound to send them
out to the States at once ii is imperative on
Congress 10 do so.
Hence it is We see, Mr.. President, provis-
ion is here made that amendment, TO the
Constitution are to come from those who
want them No idea entered into their head
in those davs that the old rule of common
sense would be overthrown, which Is, that
propositions for relief OF any kind should
come from those who want It, aud not from
those who do not want it. Now, let apply
this TO our pr, sent condition. Does this Ges-
eral Government feel the want Of any more
delegated power? Has experience shown
that dur General Government does not OPP
crate smoothly for the want of some other
tolerated power that WE need Not at al.
No one suggests anything of that kind; We
want nothing of that kind. What next
What is wanted, or what Is said TO be wanted:
II is said that a number of the States desire
A uenAments to the Constitution for their So
ruritJ | am not about to enter into the mer-
its ofthOse amendments but l say that IS
said TO be the case Now, is it not, from the
nroyi-iou of the Constitution to which have
tllnded perfectly obvious As TO how such an
object is to be reachedI | think IT Is clear ;
it leaves no doubt about it, Well, sir, have
any of these States ever made any atteml
tn call national convention 10 get redres-
nf grievances according TO the Constitution
Not one. -Some OF them have flown INTO Sc
ession: others are threatening it; but not an
attempt has been IN ide by any OF them to yet
,nv redress within the Constitution al ali. l
have nothing TO say OF that, particularly bit
| say that Congress ought not TO undertake
TO exercise the power which Is gwen 10 get
amendments Which they need, for the pur-
nose of getting amendments for the States,
which ir is said they need. ii is to perveri
the uses for which it was given TO them by so
doing. Such attempts will always taIi; an
il is obvious why they fail. First, we under
take to conjecture what the States want. We
20 ooino about here framing amendments to
send out to the people. What amendments!
ANYTHING we want or need' No; but some
thing which it is cogectured the States need
who knows what they need ! Who knows
what they want? Who knows what they
will he satisfied with Have they manifested
il TO MS? In no way. 1t IS mere mater
of con djecture; and however much re'pgIcl
NAV have for the source from which 'hese
coniec lures come, still tor all cannot Du' sec
that it is lame and lmpotent a'telnpt ~ uso
70 ofr,r+ anotber and an entirely different
Now. Mr.. President, let ne go little fur
ther, to show its inapplic ability. suppose
va aaroa to the amendments here. have