Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1861-02-21

he conclusion, then, / come to after what
reflection can give it, is, that as l view this
| part OF the Constitution, which | think very
clear when read and considered in the light
| OF the circumstances in which it was made,
never can undertake to participate here in
undertaking 10 maze up, and invent, and
contrive, and conjecture amendments for
| States, which the States themselves have
never asked for. / think it is entirely NAL.
apropos. 1t will be entirely unsuccessful :;
and the very fact now that you find such odds
aud ends, such various opinions about what
they stall be, and thousand projects that
are presented to US, the very fact that yo.
| hnd yourselves in this condition, manifests
that the principle which state is right. Il
shows that you are in this condition because
| you are trying to use an fundamentally
| which you have for one purpose for another.
| for which il was never prepared, and to which
it is not at all adapted. Now, Mr.. President
| | have one other
| Mr.. BIGLER. | ask the Senator from
| Vermont to tell Us how be recOnciles the
theory which he lays down with the fact that
| the very first amendment made to the Con
stiut'on, with reference to the sovereignty
OF States, was submitted by Congress
| Mr. CoLLAaER will answer you entire
| ly, II will hear me through.
| The P"ssIDGNG OFFICER. Ii is the duty
OF the Chair to announce that the hour foi
| the special order has arrived.
Mr.. COLLAMER. | hope | shall be allow
ed TO go ON. G.'Certainly " Certainly n
! Mr.. FooT. | hope. by common consent
the special orler will be passed over intor-
maily, until nay colleague shall have concIu-
hed his remarks. resume the whole Ssn-
ale are desIrous to hear him upon this point.
/ TssI,prtaitly ri
The PgEsIDING OFFICER. If there b..
| no OBJ ecilon, the Senator may proceed. The
| Chair hears none.
| Ar. COLLAMER. | have said nothing, and
shall say nothing which can possibly involve
! the feelings Of different sides, or different
| parties il. the Srnafe. At this time, | have
nothing to say about that. ! rise to make
remarks d"e TO my self 10 relation TO the me-
fnOrIal hch have presented. which invoke.
the exercise OF the power Of Congress in re-
| lation to constitutional amendments.
| An illustration may be drawn from our
| history, IN confirmation Of the prnciplr.-
/ which / have stated. Ia the election Of Prs
dent of the United States in 1901, it was
| tOInd that the arrangements whirh had been
made IN the Constitution lid not op,.ra,,.
! smoothly. There Was ala o,t failure 10 thu
! Government. Congress then thought the
}
/ sion was made, and Congress proposed an
! amendment in order to be relieved Of that
difficulty. They sent it out to the Sta'es-
| That was exactly what Congress ought to
have done. Il was adopted.
! / come now to another thing, which | was
| just about to speak of when the Senator from
| Pennsylvania Interposed. 1t is quite easy TO
! magine-and our own history presents a
| precedent for it-this state Of things. Sup
/ pose, for instance, State. or a certain num-
Der o. States-not two thirds-do not desire
/ TO call general convention, either because
| of want of time or some other excuse, no
matter what they desire no general revis-
| ion; they only desire one or two particular
amendments; and suppose that one, two,
three or more States .hould state to Us that
they desired the following articles of amend
ment 10 be adopted as pat Of the COnstltu-
ton os the United States, (naming them)
and they present these to Congress, with the
| petition or request that Congress will submit
them to the conventions or the Legislatures
OF the different States for adoption now
suppose such a state of things presents itself;
tow would that fall within the principles
which | have before remarked upon? When
Congress prepares amendments to the Con
stitutlon, and senIs them to the people, they
CA press tilElE dBJTODdAlDU VI luFius II tllplt1
that they are their amendments they make
them and it requires two thirds to do IT;
v hich implies. ! take IT, the exercise of their
judgment, and judgment 50 decisive as will
carry two thirds of the Senate and OF the
House of Representatives. They are the
amendments which Congress want, and which
Congress approve.
But suppose one, two. or three States should
! 4 h., 81
do want not that We conjecture at not that
we guess; but which they say they do want;
what will you do in such a case Suppose
some the States prepare and reduce TO pro
per form the amendments which they desire
and they have so mu h confidence in their
sister States that they are willing TO 50 IN ,
them to them for that very desire and re-
quest TO submit them implies confidence
n w. what should Congress do on an occasion
| of that kind | think il l. quite clear wha'
| they should DO. | believe Congress should
not pass on the merits Of those amendments.
! II is a tition, respectful petition, suia-
! bic petition. think that Congress shO 'ld
not present them as their amendments. Well.
/ how would YOU do It? ] would do it in this
| way | would recite that whereas such and
| such certain States (naming them) had pre-
! pared su h and such articles of amendments
TO the Constitution. and had presented them
! to Congress, AMI had requested Congress 10
submit them to the States therefore. and IN
pursuance of that request, Congress present
| them TO the States for adop'i IN and ID II by
| the two-:tirls tjority required bv the q n
sttution to render the proposal effective
! grant, when they are amendments WI Oh
! Congress prepared, undoubtedly It Is impied
| that they express their appreciation OF them !:
| but in the case | am supposing, aud which ]
consi ,er middle case between the 80. no
| approb .tion or disanprObation of Congress T.
expressed or implied, nor is it necessary.
| Let me read the article
The Congress, whenever two thirds of
both Houses shall deem it necessary, shall
propose amendments 10 this Constitution, or
! on the application Of the L'gislatureS of two
| thirds of the several States, shall call a con
vrntion for proposing amendments, winch. in
either case, shall be valid to all intrnts and
| purposes as part of this Constitution. when
ratified bv the legislature of three fnu'ths o.
the several States, or by conventions in three
| fCurihs thereof, as the one or the other mo ic
of ratification may be proposed by the Con
! gress."
| II does not say that Congress shall recon-
mend the aneudm 'ntS, or any OF them. II
is said that they shall prOpose the anenc-
meutS, but not that they stall recommend
them. | think Con .ress. when there Is a re
spectful petition by anv State for certain ar
ticles Of amendment, should pass such a joint
resolution as have just indicated, with the
recital or preamble thereto.
Now, | come TO the case that the Senator
from Pennsylvania alluies TO. When the
States adopted, in their several conventions,
this United States Constitution, several of the
States recommended certain amendments;
number of the States did; | do not know
whether two thirds, or all but number Of
them recommended certain amendments to
the Constitution. What did Congress do ith
theml Ehey were not amendments that