Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-02-22

| and it requires two thirds to do it; which
Implies, take it, the exercise of their iudg
ment,and a Judgment 20 decisive as will car
ry two thirds OF the Senate and of the House
ot Representatives. They are the amend
ments which Congress want, ,and which Con
gress approve.
But suppose one, two, or three States
should draw up some amendments that they
say they do want; not that We conjecture at
| not that we guess but which they say they
Go want; what Will you do in such a case
S1ppose some of the states prepare and re-
duce to proper form the amendments
which they desire and they have SO much
confidence in their sitter States that they
are willing to submit them to them for that
very desire and request to submit them i'm
plies a cCnfi lence now, what should Con-
grts3 do on an occasion of that kind think
1t Is quite clear what thew should d.. | be-
lieve Congress should not pass on the merits
OF those amendments. 1t is a petition. a re-
spectlul petitions "a suitable petition. l think
that Congress should not present them as
their amendments. Well, how would you do
ltI L would do it IN this way. | would
recte that whereas such and such certain
States (naming them) had prepared such
and such articles Of amendment 10 the Con-
StitutiOn. and had presented them to Con-
gress, and had requested Congress to submit
them to the States, therefore, and in pur-
suance OF that request, Congress present
them to the States Tor adoption and do it
by the two-thIrdS majority required by the
Constitution to render the proposal effective.
giant, when they are amendments which
Congress prepared, undoubtedly it is implied
that they express their appreciation of them
but in the case | am supp sing, and which
consider 4 middle case between the two, no
appreciation or disapprobation of Congress is
expressed or implied nor is it necessary.
Let me read the article:
a. The Congress whenever two-thlrds Of both
Houses shall deem it necessary, shall propose
amendments to this Constitution, or, on the Up
plcatiOn of the Legislatures Ct two-thrds of the
several States shall call Convention for propos-
ing amendments which, in either case, shall be
valid to all intents and purposes as part of this
Constitution. when ratified by the Legisl atures Of
three fourths Of the several States, OF by Conyen-
tons in three-fourths thereof, as the Que or the
mode Of ratification may be proposed by the Con-
gress."
Il does not say that Congress shall recon-
mend the amendments, or any Of them |:
Is said they shall propose the amendments,
but not that they shat. recommend them.
think Congress, when there is IL respectful
petition by any Sttte for certain articles Of
should pass such a joint rcsJlu-
ton as have indicated, with the recital or
preamble thereto.
Nov, | come to the case that TIE Senator
from Pennsylvania alludes to. When the
States adopted, in their several conventions,
this United States Constitution, several OF
the States recommended certain amendments
4 number Of the States did do not know
whether two-thirds. or all ; but a number Of
them recommended certain amendments to
the Constitution. What did Congress do
with them? They were not amendments
that Congress prepared. What did Congress
do? will turn, gentlemen, to what they
did on that occasion, as, if you please a
precedent for what state. In I7S9, in the
First Congress, was passed the following
The conventions Of number Of the States,
having, at the time Of their adopting the Const-
tuition, expressed desire in order to prevent mis-
construction or abuse Of its powers that further
lecart0ry aud restrictive clluses should be added
and rs extending the ground Of public ccuGdcnce
in the Govcrnm mt, will best insure the beueGcent
ends OF it, institution:
ResoiO.d By ,he >,nafe and I.,sss cf Rerrcse.'t1-
iecs of me tuuci States Of dfterIca Congress
lSSembtd. (two-jhirds Of b1th houses concurIng,l
That the following articles be proposed to the Leg
slatures Of the several states, amendments to
the Constitution of the United states, all, any
Of which articles. when ratified by three-fourths
Jf the said Legislatures, TO be valid, 10 all lntents
and purposes, Us pant If said Constitution.
There is a direct precedent for the case to
which the gentleman from Pennsylvania
.alls my attention; that is the very case
which | have supposed. There the States, or
5 veral Of them, did request amendments to
be made, stating what they We're, and Con-
.ress did not propose those amendments, as
theirs, but they passed a ijint resolution,
stating the fact that several States had re-
cucsted those amendments - be made, and
therefore they presented them to the people
for adoption. That was the very case. That
is in c.nfrmation Of my view. 1t is direct
precedent.
Now, Mr.. President, without taking up
the time Of the Senate. which | dislike to do
exceedingly, these views govern me in my
action IN relation to amendments to the
though they probably may not
govern anybody els. | should like to have
them understood more at larg', because |
think tie people have been, somehow or
other, led to look to Congress for relief by
constitutional amendments when the pow
els Of Congress, as | understood them, are
utterly unadapted to them. But ! cannot
say, rs frequently hear slid in this body,
that desire to speak to the country. | have
no idea that the country will ever hear what
| say about it; but still | have presented
nv views Of what | regard true duties.
And now, have to say that, though /
see little prospect Of amending in this way,
confident it never can succeed, yet after all
something may be done. have nothing to
say about calling national convention.
That is matter for the States and the
people to do as they please upon. 1t is per-
fcctiv evident from the Constitution. that it
WIS intended to be called whenever it was
desired by the States, without any action OF
Congress at all but even in despite of its
opinion, il YOU will. Though men may not
agree upon amendments in the conference
that is going on now in this city, can still
conceive it possible that two or three, or
more States might agree on some amend
ments, and send them here, as Is proposed
in the resolutions OF Virginia, with the re-
quest that we should send them out to the
legislatures of the States. / say l can con-
celYe Inut lHdJ COHNLuSGlCS may Id pen,
and my mode of treating that subject would
be what | have indicated. | think, in my
humble judgement, that on such Il eOntin-
gency Congress should PISS a resolution,
such as they did in 1850, reciting that this
had been requested, and presenting it to the
people by a two-thIrds vote, and not stand
up and say they did not like the amend
ments, and would not permit the people to
have a chance TO vote on them. Such are
nY views, sir.