Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1861-02-21

to secure any such purpose by the action of
Congress, originating amendments for the State,
which they have not asked for.
The conclusion, then, came to after what re-
Election can give it, is, that as view this part
of the Constitution, which | think very clear
when read and considered in the light of the
in which it was made, never can
undertake to participate here in undertaking to
make up, and invent, and contrive, and coniec-
ture amendments for States, which the States
themselves have never asked for. ] think it is
entirely malapropos. it will be entirely unsuc-
cessful; and the very fact now that you find
such odds and ends, such various opinions about
what they shall be, and thousand projects that
are presented to us, the very fact that you find
yourselves in this condition, manifests that the
principle which state is right. 1t shows that
you are in this condition because you are trying
to use an instrumentality which you have for
one purpose for another, for which it was never
prepared, and to which it is not at all adapted.
Now Mr.. President, have one other
Mr.. BIGLER. l ask the Senator from Ver-
mont to tell us how he reconcies the theory /
which he lays down with the fact that the very |
first amendment made to the Constitution, with |
reference to the sovereignty of States, was sub
mittcd by Congress?
Mr.. CoLLAMER. | will answer you entirely, |
if you will hear me through.
The PRESIDING OFFICER. 1t is the duty of
the Chair to announce that the hour for the spe
cial order has arrived.
Mr.. CoLLAMER. Ihope shall be allowed to
go on. ["Certainly !" "Certanlyp']
Mr. FooT. hope, by common consent, the
special order will be passed over informally, un-
til my colleague shall have concluded his re-
marks. presume the whole Senate are desi-
rous to hear him upon this point. ["CertainlyH']
n
objection, the Senator may proceed. The Chair
hears none.
Mr.. CoLLAMER. | have said nothing, and
shall say nothing which can possibly involve the
! feelings of different Sides or different parties
in the Senate. At this time, have nothing to
say about that. | rise to make remarks due to
myself in relation to the memorial which l have
presented, which invokes the exercise of the
power of Congress in relation TO constitutional
amendments.
An illustration may be drawn from our histo-
ry, in confirmation Of the principles which l
have stated. In the election of President of the
United States, in 1901, it was found that the
arrangements which had been made in the Con-
stitution did not operate smoothly. There was
almost failure in the Government. Congress
then thought the contingency had arisen for
which this provision was made, and Congress
proposed an amendment in order to be relieved
of that difficulty. They sent it QUITO the States.
That was exactly what Congress ought to have
done. 1t was adopted.
! come now to another thing, which was just
about to speak of when the Senator from Penn
sylvania interposed. 1t is quite easy to imagine
and our own history presents precedent for
this state of things Suppose, for instance
State, or a certain number of States-not two
thirds-do not desire to call general conven-
- al
other excuse, no matter what they desire nc
: general revision; they only desire one or two
,, particular amendments and suppose that one
two, three or more States should state to us
that they desired the following articles of amend
ment to be adopted as part of the Constitution
of the United States, (naming them,) and they
present these to Congress, with the petition oI
request that Congress will submit them to the
conventions or the Legislatures of the different
! States for adoption now suppose such a state
a of things presents itself: how would that fal
within the principles which | have before re
E marked upon? When Congress prepares a
Il mendments to the Constitution, and sends then
to the people, they express their appreciation o
= them it implies that they are their amend
: ments they make them-and it requires tw,
thirds to do it; which implies, take it, the ex
/ ercise of their Judgment, and judgment so de
e csive as will carry two thirds of the Senate an
II of the House of Representatives. They are tn
:, amendments which Congress want, and whic
Congress approve.
y But suppose one, two, or three States shoult
j. draw up some amendments that they say the
J. do want; not that we conjecture at; not tina
:; we guess; but which they say they do want
l. what will you do in such case? Suppos
d some of the States prepare and reduce to prope
:; form the amendments which they desire; an
eS they have so much confidence in their siste
ie States that they are willing to submit them
Is them for that very desire and request to sui
.; nit them implies confidence: now, VIII
should Congress do on an occasion of that kind
N think it is quite clear what they should do
L. believe Congress should not pass on the me
H. its of those amendments. 1t is petition, r.
Us spectful petition, suitable petition. | shou
oe not think that Congress should not presel
e. them as their amendments. Well, how wou
10 you do tP would do it in this way. Iwou
IT. recite that whereas such and such certain Stat
II, (naming them) had prepared such and such art
OF cles of amendment to the Constitution, and hi
&c presented them to Congress, and had requestt
ot Congress to submit them to the States, ther
Gr 81 fore, and in pursuance of that request Congre
Nl' present them to the States for adoption al
we do it by the two-thirds majority required by Il
iat Constitution to render the proposal effective.
Is grant, when they are amendments whit
ID Congress prepared, undoubtedly it is impli
that they express their appreciation OF then
'se but in the case am supposing, and which co
ne slider middle case between the two, no apr
oil baton or dsapprobation of Congress is expre
er- ed or implied, nor is it necessary. Let me re
DC the article:
io' "The Congress, whenever two thirds of both Ho
tes shall deem it necessary, shall propose amendme
1n to this Constitution, or, the application of the l.
lei Of # thn