Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1861-02-21
AMENDMENTS TO THE CoNsTITU-
TION

In the Senate of the United States, Feb. Z, on |
presentation of memorial from certain citi- |
zens of Vermont.
Mr.. CoLLAMER. | have memorial which |
desire to present. l present the memorial OF
J. Blake, and eighty-one others, inhabitants of
Swanton, Vermont, praying for the adoption of
the measure commonly known as the border
State propositions. 1t is rarely, think, that
trouble the Senate; but / desire now to make
some remarks, for which beg indulgence for
few moments, in relation to this subject. | am
not proposing to make remarks about secession,
or coercion or slavery, or the merits of any of
these topics at all; but the petition which |
have presented invokes the exercise of the
power of Congress in relation to amendments
to the Constitution. 1t is upon that topic that
wish to speak for few moments.
Mr. President, am willing at all times, when
the occasion properly calls for it, to exercise the
powers that we legtimately have by the Consti-
tuition; but in my estimation, no exigencies can
ever justify us in resortng to any sort Of de-
vices and expedients which the occasion may
call for that are not consistent with the fair
construction Of the provisions of that instru-
ment. Now, sir, what is the true meaning, the
fair import, of the powers which are given in
the Constitution to Congress in relation to its
amendment?
When the Constitution was adopted, and
those who made it were about to put in exercise
this great experiment, having created for the
first time a General Government with all its de-
partments, and curtailed in large proportion the
powers which the States had previously ex-
ercised to correspond with it, they said "Now,
it may be that this Constitution does not invest
sufficient powers in the General Government
for its smooth and successful operation. Ex-
,1 tbnt hat thpn chn1I hn
done in such contingency? 1t will be a con-
tingency in which Congress will have ascertain
ed by experiment precisely what further power
they ne d. We say, therefore, that when Con-
gress have thus ascertained that they need any
more delegated power, they shall have authority
to propose amendments to the Constitution,
which they shall send to the States or to the
people of the United States Gf you please) in
their States, either in convention or i'll their
Legislatures, for their adoption and if three
fourths of them adopt them, they shall become
portion of the Constitution"
This was wanted for the use of Congress.
No occasion was required for calling any ma
tional convention but the occasion would be
one which experience would develope, and
which Congress would feel the need of, and such
was the arrangement to meet that contingency.
But they further said "Perhaps upon experience
and upon trial, it will turn out that we have
transferred too much power from the States tc
the General Governments it may work hard fol
the States they may need to have amend
ments; now, what provision shall we make
what arrangement shall we prepare, for such {
contingency. 1t cannot be reasonably expected
that Congress will, in such an event, make an,
propositions for amendment to strip themselve
of power which has been already delegated tt
them. We therefore must not look to Con
gress for relief in such an emergency at all
Hence it was that provision was made in thu
same article for such an event, for such con
tngency, by providing that if two thirds OF th
States shall pass resolutions requesting the cal
of general convention for the purpose of pro
| posing amendments to the Constitution, Con
| gress shall call it.
They said if the States want the Constitu
ton amended, let them amend it as it was made
by a national convention; let them see eacl
other all around let them compare their views
let them see each other face to face, and the
make such arrangements as the circumstance
at the time may require; and when they hav
thus proposed their amendments, Congress sha
send those propositions to the States, either i
their Legislatures or their conventions, for adol
ton. 1t will be observed that in the latter al
rangement the first leading feature is this
when the people Of the States want amenC
ments which they suppose they need, they al
to have them whether Congress will or not;
they call national convention in this way
Congress has no pow to stop it, but is oblige
to call it without knowing what amendment
will be proposed. The States are not boun
in their resolutions which ask for general col
vention, to state what amendments they wan
but simply to declare that they want CONVEX
vention; and Congress, in case two thirds
the States Join in the call, is bound to call i
and again, when it is called, and it propos
amendments, Congress has no right to examil
into the merits of those amendments, but
bound to send them out to the States at one
| it is imperative on Congress to do so.
Hence it is we see, Mr.. President, provisiC
is here made that amendments to the Constit
tion are to come from those who want the
. No idea entered into their heads in those da
that the old rule of common sense would
.. oyerthrown, which is, that proposition for
lief of any kind shoNd come from those W
want it, and not fronfthose who do not want
Now, let us apply this to our present conditic
Does this General Government feel the want
any more delegated powerP Has experien
5 shown that cur General Governmet does /
operate smoothly for the want of some otl
d delegated power that we needP Not at
= No one suggests anything of that kind;
o want nothing of that kind. What next? WI
a is wanted, or what is said to be wanted? II
l. said that number of the States desire amer
le ments to the Constitution for their security.
W am not about to enter into the merits of tho
W amendments; but say that is said to be
case. Now, is it not, from the provisions
'e the Constitution to which | have alluded, p
ID fectly obvious as to how such an object is to
v reachedp think it is clear; it leaves no do
m about it. Well, sir, have any of these Sta
ever made any attempt to call national C
vention to get redress of grievances accord
ID to the ConstitutionP Not one. Some of tn
D. have flown into secession; others are threat
ID ing it but not an attempt has been made
- any of them to get any redress within the c
ye stitution at all. have nothing to say of Il
,g particularlyj but l say that Congress ought
rt to exercise the power which lis given to
90 amendments which they need, for the purr
re of getting amendments for the States, whic
nd is said they need 1t is to pervert the uses
o. which it was given to them by so doing.
tn attempts will always fail and it is obvious
lt- they will fail First we undertake to conjec
he what the States want. We are going al
ror here framing amendments to send out to
ID, people. What amendmentsp Anything
he want or need? No; but something which
ch coVectured the States need. Who knows '
m they want? Who knows what they will
satisfied withP Have they manifested it to
In no way. 1t is mere matter of conjectl
ea and however much respect | may have for
nat source from which these eonectures come,
ny for all cannot but see that it is lame and
,Sh potent attempt to use power which was &