Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-04-18

utll, SIR II u u 10 De bhelr great law VI WHICH
they wiilowe allegiance and render obedience.
shall they not be in condition to consider so
important an Rmendment before is is proposed &c
themi AtAAatf
\ Mr. Howard: Will the Senator from Indiana
allow me TO ask him question on this particular
pcinti = s7-
MIR. Hendricks: Yes sir
4 Mr. Howard: IL those States TO which he refers
are not in a condition to participate inthe amend
meBt of the Constitution, is contemplated by
this joint resolution whose fault will il bef Can
4 party in that attitude take advantage Of his own
fault, of his wrong7 -s-s -..s.1 Gov
1 Mr.. Hendricks: will ask the Senator before 81
answer his question, whether it be a fault or no
fault, can this Constitution be amended unless
three fourtbs OF the thirtyfve States agree to il?
Three fourths of the thirty States must agree
to IT, and il is not matter OF so much importance
when we come to the question am now discuss
i ing whose fault il is have said whose fault il
was. / have said that these States had ne just
/ and sufficient cause for secession repudate
the act. / against IL. and from the first have
condemned il. But / ask the Senator is it not TO
be their Constitution as well as ours, and must
not this amendment be considered by them and
acted upon by them, so as TO secure three fOurths
of the thirty-fve States before il becomes part
i of the Consttution2 s-sE--s A. So Efs-s'e 500
Mr. Howard: will snswer the Senator. II is
their duty 90 take it into consideration when sub
mitted TO them; but if, in violation of that
siilutional duty. they have placed themselves in
such an attitude that they will not participate in
it, it is their fault aud not the fault OF the other
States. They have an Opportunity to-day, the
same opportunity possessed by other States, and
NAV with Just much ease other States par
tcipate in the amendment os the Constitution.
Nothing but their own stubborn wills, nothing
but their own rebelous spirits, nothing but their
open treason prevents them from doing so. If il
can be said that those causes prevent them, which
/ deny. =. .,.a.
Mr. Hendricks: | shall now insist upon the
Senator answering my question The question
which asked him ia this proposed amend
ment become part of the Constitution of the
United States unless as much as three f0urtbs of
the States agree to it'll
Mr Howard: OF course. suppose, there must
be concurrence of the constitutional number
of States, which number would be three iour;hs
of the States of the Union, or. in the language of
the CONSTITUTIONAL the ULion.
, Mr.. Collamer: Will the gentleman indulge me
with single suggestion on that pOntf
Mr.. Hendricks: Certainly.
Mr.. Collamer: liz those States were voting and
were in favor OF the amendment, they would vote
for il and would be satisfied with il, if It were
adopted. and if they were opposed 10 IL they
would vote against it. Now in counting the
p thirty-hve States so as to get three ourths TO
agree TO it, those States that have not voted at
all are counted the same precisely as il they had
voted against it.
} Mr. Henderson: Without rejecting upon the
! proposition OF the Senator, should think he is
right if understand him correctly. His propo-
stion is that if twenty States vote III favor of the
! proposed amendment and fifteen States fail to
: vote all, the fifteen States shall be counted
voting against il.
Mr.. Collamer: If they did not vote az all, in
counting up must have three quarters of
ali the States, they 10 be counted the same as
if they voted against II.
Mr.. Hendricks: Precisely so The Senator,
believe, does not question that three fo1rths of
the States must vote afrmatlVely IN iayor OF the
J amendment.
Mr.. CoIlamer: / believe they will
: Mr.. Hendricks; The Senator says he believes
they will 1t is possible they may.
Mr. Wiley: With the leave OF the Senator,
that is an interesting point. | desire to know
whether, il they are not prepared 10 vote this
year, they may not be next year2 Will not the
time come when they will be ia condition TO
vote? Ii within ten years from this date, for
instance. those States that are in the condition to
which the Senator alludes should, as | hope they
! will, be placed in condition fairly and peace
3 ably to express their opinion on the subject,
would it not be competent for them to do SO,
!, and thereby adopt the proposed amendment Of
; the Constitution
: Mr.. Hend tricks: / cannot undertake to answer
the Senator, because it is not a question that
have considered. The amendment is proposed
: to the Legislatures of the States the present
, session OF Congress. IL goes before them all.
There sessions Of the different Legislatures.
Some upon it. and some do not. If. say
twenty Il them, have adopted it, does il remain
an open question for action BY other Legislatures
. for ten years following. twenty thirty wears?
y | am not prepared without further reflection TO
say that the question would remain open, a.
y the Senator suggests
Il But. sir, take the old State of Virginia. that
contributed SO much 10 the formation of the Con-
sttutiou as we now have 1.-THE State that passed
= the resolution in her Legislature which called
u together first five States and those five States
u appealed to the other States tn meet them in
convention, aud in pursuance of that appeal a
e convention was held-Nirginia that had so much
: to do with the deliberations of the bOdy-Virginia
u that has contributed much to the construction
:, of the Constitution by the expositions made by
u her great and learned men-shall Virginia have
: M full and free voice in the amendment of this
! Constitution Ii may be said that Virginia is "A
&c State in the Union. aud that she has her Legsla
ture meeting at Aexandria VIII Senators say
that that Legislature in such represents the
Is people OF Virginia that it ought control that
Il State in agreeing to an amendment of the Con-
e stitution?
IS But take Arkansas That State is now claimed
u to he almost within the Union again. II i said
: Arkansas is taking steps under the Presi'lents
d proclamation to come back again She NAV elect a
Legislature perhaps; but hOwl Under the prop0si.
Z ton OF the PesiJent, that tenth OF the people
Is may elect a State Government. may eject Leg
"a islnture. NAV make laws. and may agree TO AN
i amendment OF the Constitution. VII, Senators
"a say that that is such approval by the Teope OF
D, a State as ought to be regarded as sufficient to
- adopt amendment to the constitutional Surely
"a not Our fathers were very particular on this
D. subject They required that two thirds OF this
:, body, and twO-thirds of the other House of Con
Is gress, should agree To the proposed Amendment
se before it should go before the people, and then.
70 that three fourths of the States should agree
y the amendment before il should become part OF
~ -the Constitution contemplating the fullest con-
I'D sideraton of the subject aud the largest approval
Of the amendment before il should become part
u of the organic law. Are say that this plan
to of the President shall be sufficient not only to
IN make new State Government but that il shall
sn be sufficient 10 agree a change Of the Cousti
.. tuition hat one-tenth OF the people of a State
y according to the Presidential PROCLAMATION, may
l. not only change their own Constitution, bur mas
" agree to change of the Constitution of the
ar United States. when this Constitution contem.
= plates that all the people of the country should
d. take part 10 the deliberations upon that subiecti
nj Take Louisiana also. in which an effort is now
Or being made 20 form Free State IL the people
ur Of Louisiana, acting through convention prop
o: erly selected shall make that State Free State
Of shall be very happy to hear it,. If the people
to of any State see fit 10 change their constitution
nd so TO make their State free instead of slave
shall be very glad of the result. Then il il
or properly done But. sir. l am not willing to see
i; our institutions come TO that condition which
q would be upon If one tenth of the people OF q
n State could control not only the State Constitu-