The national Republican., 1861-02-11
JUDGE COLLAMER UPON CONSTITU
TIONAL AMENDMENTS.

llONhL hMCNDMENlO.
Judge Collamer took occasion in the Senate
last Thursday to comment upon the true intent
of the two modes of amending the Constitution,
which are pointed out in that instrument. His
observations we're characterized by that reaec.
ton, at once keen and profound, which marks
everything which comes from that veteran and
distinguished statesman.
As two methods Of amendment are provided,
one upon propositions to the States to be made
by q two.thirds vote in Congress- and one upon
propositions to be made by a National Conven.
ton to be assembled upon a call of twothirds
of the States, Judge Collamer argues, that it
was intended that amendments looking to an
enlargement of the powers Of the Federal Gov.
ernment should originate with Congress, and
that amendments looking to greater safety for
the rights of the States, or of the people, should
originate with the States. This is certainly the
natural order of things. If the Government
needs more strength, those who administer it
may be expected to first see and feel the de.
fciency, and to take measures to supply it. II
the States become apprchensive of danger from
the existing power of the national authority, it
is they who may be expected TO move in the d.
rection of checks and restrictions.
Applying these general views to the case in
hand, Judge Collamer maintains, that if appre.
tensions exist, that the power of the central
government may be used to the injury of the
domestic institutions of any of the States, it is
for them to seek remedy by applying for a
National Convention to propose amendments to
the Constitution. And until they move in this
direction, he holds that it is equally uncalled
for and unwise for Congress to move.
He holds, however, upon precedents asd upon
principle that intermediate cases may occur, in
which Congress may act, in certain sense as
an agent of the States, and, in Difference to
their wishes, in proposing amendments. That
is to say, he holds that Congress may, without
expressing any opinions Of its own, submit to
the consideration Of the States such amend.
ments as it may be asked to submit, by suf.
fcient number of the States, and under circum-
stances rendering such course proper He
holds that Congress may so act, at the instance
of the States, without involving itself in the
responsibility of any recommendations of its
own.
In the preamble Of the resolutions Of Con
gress, submitting the first amendments which
were proposed and made to the Constitution, il
is recited that the submission is made at the
request of several States, and no opinion Of the
Congress upon the merits of the amendments is
either expressed or implied.
The application Of these principles to the
Crittenden propositions will show the extreme
folly Of that whole scheme.
Those propositions embrace the class O
amendments which should be proposed, not by
Congress, but by the States. But no single
slave State either has or will ask Congress t.
submit any such amendments to the States
The Legislatures of Missouri, Virginia, Ken
tucky, Tennessee, North Carolina, and, we be
lieve, Arkansas, are now in session, and not ON
OF them can be prevailed upon to make an
such request. The Virginia Convention meet
this week, and no such request will be mad
by it.
The reason which has restrained these South
ern Legislatures from asking that the Critten
den amendments be submitted to the States, i
the perfectt.ertainty that they would fail to re
ceive the ratification of three.fourths of tn