The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1861-02-22


gress shall call it.
They said. if the States want the Constitutloh
amended. let them amend it as IT was made' Dy a
national convention; let them see each otner
all around: let them compare their views ie'
them each other face to face, and then make
| such arrangements as the circumstances al Tue
time may require; and when they have thus pro,
posed their amendments. Congress shall send
those propositions TO the States, either IN their
| Legislatures or their conventions, for adoption.
1t will be observed that in the latter arrangement
the first leading feature is this when the people
or the States want amendments which they sup
pose they need. they are to have them whetner
Congress will not: if they call a national con-
ventlOn in this way, Congress has no power TO
stop it. but is Obliged TO call if without knowing
what amendments will be proposed. The states
are not bound. in their resolutions which ask Tor
general convention, to state what amendments
they want: but simply to declare that .hey want
a convention and Congress. in case two-thirds
of the states jon in the CALL is bound to call It;
and again. when it is called. and II proposes
| amendments. Congress has no right to examine
into the merits of those amendments. but is
, bound to send them out to the States al once IL
Is lmpertive on Congress TO do So
Hence il is We see. Mr. President, provision is
here made that amendments to the Constltutsh
are to come from these who want them NO 1oeS
entered into their heads in those days that the old
rule of common sense would he oVertnroMI,
which is that propositions for relief OF any klhd
should come from those who want II, and not
from those who do not wantit. Now. let us ap-
ply this TO our present condition Does thls
General Government feel the want Of any more
delegated power: Has experience shown that
our General Government does not operate
smoothly for the want of some other delegated
power that we need Not at all. No one sug-
gests ANYTHING Of that kind we want nothing oi
that kind. What next: What is wanted: II
Is fhafa off
ments to the Constitution for their security
| am not about to enter into the merits OF those
amendments: but l say that is said TO be the
case Now, is it not. from the provision OF the
Constitution TO which have alluded. perfectly
obvious to how such oh bect is to be reached
think il is clear: il leaves no doubt about It,
Well. sir. have any of these States ever made any
attempt to call a national convention to get re-
dress of grievances according TO the Constltu-
ton Not one. Some of them have flown into
secession; others threatening II but not an
attempt has been made by any of them to get
any redress within the Constitution at all
have nothing TO of that particularly but
say that Congress ought not to undertake to ex-
erclse the power which is given to get amend
monts which they need, for the purpose OF getting
amendments for the States. which IT Is said they
need. 1t is 10 rervcrt the uses for which il was
given TO them by doing. Such attempts will
always fail and il is obvious why they will fail.
First, undertake to conjecture what the States
want We are going about here framing amend
ments TO send out to the people. What amend
ments Anything want or need: No; but
something which ii is cO,yoctwred the States need
Who knows what they need Who knows what
they want Who knows what they will be salts
fed with Have they manifested il TO us lr
no way. X is a mere matter of conjecture; and
however much respect NAV have for the source
from which these conIcctureS come. shll Tor all
cannot but that it is a lame and impotent at
tempt to use power which was granted for one
purpose hD effect another and entirely diner
ent
Now. NJ President. let me 70 little further.
10 show It's inappicabity- Suppose we agree to
! the amendments here. Have the people of the
different states ever seen each other IN conyen-
ton and understood each others views about
them: Never at ali; but we are going TO make
them up here, and invent them ourselves. initiate
them. and send them out TO the states, and ask
them Ia act upon them without ever seeing each
other al all. The attempt never can succeed. In
the nature of the thing. II cannot succeed. The
provision of the constitution is not adapted,
er was meant, To secure any such purpose by the
action of Congress. originating amendments for
the states which they have not asked for.
The conclusion, hen. come TO after what re-
fection | can give il. is. that | view this part
of the constitution. which think very clear when
T, ad and considered in the light Of the circum-
stances III which IL made. can never under
take 10 participate here ia undertaking to make
up aid invent. and contrive. and conjecture a.
mendncnts for states, which the states themselves
have never asked for. | think il is entirely NAL
apropos. 1t Will be entirely unsuccessful; and
the very fact now that ycu find such odds and
ends. such various opinions about what they shall
be. and 4 thousand projects that are presented to
Us the very fact that you find yourselves in this
condition manl;e>tS that the principle which l
state Is right Ii shows that you are in this con-
re- IN Str,
mentality which you have for purpose for a.
mother. tor which II was never prepared. and 10
which i is not al all adapted. Now Mr. President
| have other
Mr. BlGLER. | ask the Senator from Yer
mont TO tell Us how he rcconciles the theory
which he LAYS down with the fact that the yery
first amendment made TO the Constitution, with
reference to the sovereignty of states, was sub
mittcd 10 Congress:
Mr. COLLAMER. | will answer YOU entirely,
if Won will hear through.
The PRESIDING OFFICER. 1t is tie duty
of the Chair To announce that the hour for the
special order has arrived.
Mr COLLAMER- hope | shall be allowed
to GO on. Certainly .Certainlvrl
Mr. FOOT. hope. by common consent, the
special order will he passed over informally, until
my colleague shal! have concluded his remarks.
presume the whole Senate de>irous TO hear
him upon this point. 'Certainly.'l
The PRESIDING OFFICER. II there he no
i objection, the Senator may proceed. The Chair
} hears none.
Mr. COLLAMER. l 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 saw
about that. rise 10 make remarks due TO my
self IN relation 10 the memorial which have pre-
scented. which invokes The exercise of the power
OF Congress III relation TO constitutional amend
ments.
An illustration may be drawn from our history.
in confirmation OF the principles which | have
stated. In the election of President of the Unit
ed States. in 1901. il was found that the arranse-
mcnts which had been made in the constitution
did not operate smoothly. There was almost a
failure lii the government Congress then thought
the contingency had arisen for which this prov g.
ion was made. and Congress proposed an amend
mcpt in order to be relieved of that difficulty
They sent II out 10 the states. That was exactly
what Congress ought I" have done. Ii Vas a.
dopted.
| come now TO another thing. which was lust
about to speak of when the Senator from Penn
sylyania interposcd. 1t is quite easy to imagine
and our Own history presents precedent for it
this state OF things suppose, for instance.
state. certain number of statcs-not two
thirds-do not desire 4 general convention, eli
ther because of a want of time or some other ex-
cuse no matter what they desire no general re-
vision: they only desire one two particular
amendments; and suppose that one two, three
or even more states should state 10 US that they
desired the following articles of amendment TO
be adopted part of the constitution Of the Uni
ted States. (naining them and they present these
10 Congress, with the petition OF request that
Congress will submit them To the conventions or
legislatures of the different states for adoption-
now suppose such state Of things presents IL
self; how would that fall within the principles
which L have before remarked upon When
Congress prepares amendments to the consttu-
ton, and sends them To the people. they express
their appreciation of theI:; 1t implies that they