The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1865-02-15

sided for the emancipation Of IN sIssss
n twenty or ffty years, II tho ~ seen
it; and IL the people Of ain1 y hado
voted to ratify such 4 constitution slavery
could not, after The period' named, have
existed BY State law and in defiance Of
the national Consultation, either ii one Of
the old thirteen States or 10 any one Of
the States admitted into The Union aimee
rs adoption.n 'Ft'lN ~ 2 s +
1 Does the & gentleman mean 10 say that
the, ratification Of MAE States would have
tho institution Of slavery ID
the thirteen States! Toes the gentle
man mean to say that the ratification Of
nine States would have made the Consti.
tuition binding upon the thirteeni n
that is the gentleman's view, then I ssk
by what authority, such, rstIicaiion
would have had such an, eject ! Il read
10 the CONSTITUTION itself that Athe raiif-
ciatioa Of the conventions Of nine States
shall be sufficient for the sstablishmsns
Of this Constitution between The States
so ratifying the sams.p Does the gen
tleman still contend that the provisions
Of the Constitution ratified By nine States
would have been binding upon lhp this-
teen 7 dgaI YfEis9 ~.
u Mr ASHLEY, 1 intended, Mr Speak
er, to say this !, That the rati6cation Of
the ,Conatitution BY nine States Of tho old
Confederation practically made them I
nation. II is true the clause Of the Con-
stitutiou quoted BY my colleague declares
that none but the States adopting Il would
be bound BY it. Yet, practically, II
adopted BY nine Of the thirteen il made
the whole, with all the territory belong.
| ing to them, nation. Undoubtedly tie
| trainers Of. the Constitution believed that
liz it we're adopted BY nine gtates the pfae.
tical effect would be to force the other
four to adoptit / have no doubt such
was the understanding Of the members
Of the convention, and certainly Fss Ne
practical effect Of It. 4 II ~
Mr.. PENDLET0N. Well, Nv, 0psak-
Or, that Is most extraordinary position,
II might be true that, In the course af
time, and by 10 power of eonqusat, %
by the moral influences which . Govern
Imept composed Of nine States would have
exerted, the other States would have besn
persuaded 70 cone 'iinlo We Union, bst !
deny thatapy one State would have been
bound BY any ratification except that pro-
ceeding from the' State itself, The the
lory which The gentleman has explained
| to us Just, now, and which, IS contained In
| his speech. Is printed 10 the Globe, I
] honestly thought, iu my simplicity, 10 bs
q mjsprint--this theory explains what the
gentleman means when be tells ne that
| the Federal Constitution does not closhs
any Of the States with the attributes Of
sovereignty. OF course 1t does not. No
body ever pretended that II did.
Mr.. STEVENS. Suppose that zine
States had ratified the Constitution, whils
] the other four did not /; would those other
four have been menbers Of the Union I
4 Mr. PENDLET0N, No, sir.
/ Mr.. STEVENS. 50 I say. But sup.
pose that three fourth Of the States nov
ratify an amendment while the remsiu-
ing fourth do not, are the States refusing
to ratify still members Of the Uniopi
MI. PENDLET0N. That will Dc.
pend upon the character Of the amend.
: ment, and whether Il il IN pursuance q
the authority Granted. ~
Mr.. STEVENS. II The amendment
. should be adopted BY three iourths Of the
States, while The other fourth refuse "a
ratify il, do the non agreeing States 70
} out Of the Union or remain IN in
. Mr.. PENDLHTON. If the amend,
! ment be without the scope Of the power
: granted. legally they remain In the Union
} and the other States 70 out. [Iauehter. 1
Nobody pretends that the States ars
. clothed with the powers Of sovereirntyb,
the Federal Constitution. Nor does shiI
9 instrument nec ssarily STRIP them Of shl
. sovereign rights which they had bsforl
, the Consultation was made. The Stat.I
2 have sovereign powers, 70 day exocpi i
9 far as that Constitution, by their soIuu
= tary act On adoption, has taken those po~
Q ers from them. They a. not derive pou
! er from the Federal Government Il 10
I heres in them, aud / would like to inouil
!. Of ny colleague from Toledo districtt NJ