Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-04-12

disturb them in these times OF excitement and
strife
Ought not the people deliberately to consider
any proposition for amendment OF the C0nsti-
tutioni Ought il not 10 be considered more De
liberately than any ordinary measure Of govern
ment or of administrator Sir. what i our eon-
ditOni We are in a state Of war The minds
of the people are greatly excited. They come 10
conclusions DOW Dot 80 much upon reflection and
argument and reason a. they do upon the pas
sioEs Of the hour. ask Senators whether
time Ike this Is favorable TO consider amend
ments Of the organic lawf
Besides that there are many of the States that /
are especially in no condition to consider amend
menis TO the Constitution Three iourths OF the 4
States must agree by their Legislatures or by |
conventions TO this amendment before it shall
become part OF the organic law. Let me ask 4
the attention OF Senators To the condition OF aiew
of the States that must assent TO II before this
measure can become par of the Constitution. I
IL may be that twenty one States could deliber- /
ately consider this question. IL may be that
California. Connecticut. Illinois, Indiana, Iowa.
Kansas. Maine, MARYLAND. Massachusetts, Micni- |
gan. Minnesota. New Hampshire, New Jersey.
New York. Ohio. Oregon. Pennsy lvania. Rhode
Island, Vermont, Wisconsin, and Western Nir-
glnla NAV be ia something Of condition 10 con
slider the proposed amendment Of the COnstitu
ton. Those are twenty-0ne States, not two
thirds. much less three fourths. | ask Senators
then. in what condition Alabama. Arkansas.
De aware. Florida. Georgis. Kentucky, Louisiana,
Mississippi. Missouri, Tennessee, Texas, and va.
to consider amendments to the Constitution Is
this TO be their Constitution as well as oursl Is
this to be Constitution for Louisiana as well as
Indiana for Florida as well as New Hampshire3
Then, sir. if il is to be their great law, 10 which
they will owe allegiance aud render obedience.
shall they not be ia condition TO consider SO
important amendment before il is proposed to
themi
Mr. Howard: VIII the Senator from Indiana
allow me to ask him question on this particular
pointY
MIR. Hendricks: Yes. sir.
Mr. Howard: Ii those States TO which he refers
are not in condition to participate III the amend
ment OF the Constitution j. Ia contemplated by
this joint resolution, whose fault will it bel Can
party in that attitude take advantage of his own
fault, of his own wrongy
Mr. Hendricks: | will ask the Senator before
answer his question, whether 1t be fault or no
fault, can this Constitution be amended unless
three fourths of the thirty States agree to it?
Three fourths of the thirty-hve States must agree
TO it. and u i not matter OF so much Importance
when we come u the question am now discuss
ing whose fault it is have said whose fault il
was. | have said that these States had ne just
i
the act | am against it. and from the first have
| condemned il. But ask the Senator. Is it not to
! be their Constitution as we'll az ours, and must
not this amendment be considered by them and
acted upon by them, so a To secure three fourths
of the thirtv-hve States before il becomes part
of the Constitutionl
Mr. Howard: will snswer the Senator. Ii is
their duty To take il into consideration when sub
mitted To them; but if, in violation OF that con-
/ f.av hava pla hen in
such All attitude that they will not participate in
it. Il i their fault aud not the fault of the other
States. They have nh opportunity to-day, the
same oportun ty possessed by other States. and
NAV with Just much ease as other States par
ticipate in the amendment o. the Constitution
! Nothing but their own stubborn wills, nothing
but their rebellious spirits, nothing but their
open treason prevents them from doing so. If il
can be said that those Causes prevent them, which
| deny
Mr. Hendricks: | shall now insist upon the
Senator answering nv question The question
which | asked him is. this proposed amend
ment become part of the Constitution OF the
United States unless as much as three tourths of
/ the States agree to tl
Mr. Howard: OF course, | suppose, there must
be concurrence of the constitutional number
of States, which number would be three iourths
of the States of the Union, or. in the language of
|
i Mr. Collamer: Will the gentleman indulge me
with single suggestion on that pointl
Mr. Hendricks: Certainly.
i Mr.. Colamer: If those States were voting and
were in favor of the amendment. they would vote
for it and would be satisfied with it, if 1t were
adopted. and it they were opposed to it they
would vote against it. Now in counting the
thirty-fve States To get three fourths to
agree TO il, those States that have not voted at
all are counted the same precisely as ii they had
voted against il.
Mr. Henderson: Without rejecting upon the
proposition OF the Senator, should think he is
right. il understand him correctly Hl, prOpo-
-ltOn is that If twenty States vote in favor of the
! proposed amendment and fifteen States fail To
vote At all. the fifteen States shall be counted
voting against it.
Mr. Collamer: If thev did not vote at all, in
counting up. must have three quarters OF
all the States, they to be counted the same as
If they voted against il.
: Mr. Hendricks: Precisely 80 The Senator,
believe, does not question that three iO1rths OF
the States must vote affirmatvely in favor of the
: amendment
Mr.. Collamer: believe they will
Mr. Hendricks: The Senator says be believe:
they will 1t is possible they may.
Mr. Wiley: With the leave OF the Senator. a:
that is interesting point. | desire To know
whether. If they are not prepared To vote thi:
| yer, they may not be next year2 Will not tn,
/, time come when they will be in condition tC
: voter Ii within ten years from this date, foi
instance. those States that in the condition e
, which the Senator alludes should, as hope they
will, be placed IN condition fairly and peace
ably 10 express their opinion the subject
would i. not be competent for them to do 50
e and thereby adopt the proposed amendment o
1 the Constitution?
Mr. Hendricks: | cannot undertake 10 answer
D the Senator. because II i not question that
j have considered The amendment i proposed
I To the Legislatures of the States at the presen
session OF Congress. Is goes before them all
{ There are sessions of the different Legislatures
{ Spme act upon it. and some do not. IT,. -,
twenty Il them, have adopted il. does s remaiI
e an open question for action by other Legislature
for ten ears following. or twenty or thirty YEAR
o l am not prepared without further reflection Il
say that the question would remain open. a.
the Senator suggests.
e But. sir, take the old State of Virginia. tina
: contributed much TO the formation Of the Con
stitution as We now have 1.-THE State that passed
/ the resolution in her Legislature which Gale,
! together hrst five States, and those five State
appealed 10 the other States "a meet them IL
convention, and in pursuance of that appeal
e convention was held-Nirginia that had 50 muci
to do with the deliberations of the body-Virgni
: that has contributed 30 much To the construction
: u the Constitution by he eXpOstiOus made b.
"a her great and learned men-sh.il Virginia hav
9 no full and Tree voice in the amendment of tti
: Consfifutionf IL may be said that Virginia i