Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-12-13

] structing the Committee on Territories {
sffix the name of Lincoln to some of th
new Territories.
JEFF. DAVIS thinks the Presidents mes
sage in general is good, but is disappointe,
because it is not specific in relation to hi
own fate. The health of Jefferson D. is ex
cellent, his quarters comfortable, and hi
table well supplied.
Kke Constitutional Amendment A.
ready Ratified.
Twenty-Five states are recognized by
Congress rs maintaining the proper reI,,
tions to the Government of the United
States. These are Maine, New Hampshire,
Vermont Massachusetts, Rhode Island,
Connecticut, New York, New jersey,
Pennsylvania Delaware, Maryland, West
Virgins, Ohio, Kentucky, Indiana, AIichi-
gan, Wisconsin, Illinois, Missouri, Iowa,
Minnesota, Kansas, Nevada, California
and Oregon. Eleven states, formerly
members of the Union, are held by Con-
gress to have forfeited by rebellion their
right to participate in the general govern
ment, until they are re-admitted to power
by action of the national Legislature
These are Virginia, North Carolina South
Carolina, Georgia, Florida, Alabama.
Mississippi, Tennessee, Arkansas, Texas
and louisiana One state awaits oniy the
proclamation of the President to take her
place among the sisterhood This is Col
orado.
In view of the pending Constitutional
Amendment sbolishing slavery, which can
only become of binding effect when rati-
fed by the legislatures of three-fourths OF
the states, it is of the greatest i'm
portance to determine the number OF
States which are to be recognized as in the
Union. 1t seems to us perfectly manifest
that only those states which are represent
ed in Congress, and are thus recognized
by that body as having a voice in the ma
tiOnal government, are to be practically
regarded as states in the Union, and the
ratification of the amendment by the
legislatures OF three-fourths of these
states is amply sufficient to make it
part of the constitution. Certainly it
would be an anomaly if states which were
engaged in rebellion against the govern
ment could, by their mere passive silence
neutralize the votes of the loyal states on
a grave constitutional question This
would be the result if the other interpre-
tation were insisted on. Should it
be held that there are now thirty
six states in the Union, the eleven
lately rebellious and still un-reconstructed |
States would have as much power to de-
feat the amendment as if they were in
full accord with the government. The
action of Congress in regard to the neces-
sary number for quorum in that body
furnishes an excellent precedent in regard
TO this subject. The rules of Congress re-
quire that majority of the total number
IF members, from all the States, in
either house, should constitute a quo
rum for doing business. When the
extra session of the Thirty-seventh Con
gress was held, Immediately after the out
break of the rebellion, the question came
up whether a majority of the members
from all the States, or simply from all the
loyal States, was necessary for a quo
rum. 1t was decided very nearly
that the Southern States.
by Withdrawing from the Union,
had forfeited the right of repre-
sentation in Congress, and that only rep
from loyal States should be
counted in estimating quorum. Itstrikes
sutvf0s qrIesriuu IN
regard TO the ratification. Certainly il
these states are not allowed to initiate leg
slatIVe action by their representatives il
Congress, they cannot perfect that action
by their state legislatures. The vote OF
E9t9SFdf o tSs foSd ct sthes hs Psngbse6 %ag ct 9
of the amendment through that
body; and by a parity of reasoning its
ratification by the legislatures Of three
fourths of the IoyaI states is sufficient for
its final sdoption. No one has ever raised
a word of objection against he legality Of
the passage of the amendment through |
Congress, and we do not see how any on'
can object to the force of this reasoning
in regard to its ratification. We are glad
10 see that Mr.. Sumner has introduced d
concurrent reerlution taking this view OF
the subject, and declaring the amendment
ratified.
Should this view of the case become
the accepted one the number Of the
states in the Union is twenty-five, and the
number necessary to the ratification of the
amendment nineteen Twenty-three OF
these states have acted upon it, of which
three New Jersey, Delaware and Ken
tucky,) have rejected, and twenty have
odopted it. The two statesyet TO act upon
it Gows and California; will soon ratify
it and New Jersey viii reverse her action
on the subject as soon as her Legislature
meets. The amendment is therefore
adopted.
| But even shouio thss ihuei PiO'''i "a
tho Constitution be rejected, the amend
mont has received the support of enough
states to ratify it, provided that the action
of the rebellious states upon II is to be
recognized. Eight of these eleven ex-
olnded states have ratified it-Louisiana-
Arkansas. Tennessee, North and South
| Carolina, Virginia, Alabama and Georges
and the three who have not yet aeteo
mon it-Florida, Texas and Mississippi
ars sure to ratify. So the friends o
freedom may rest secure in the final sdOp
tion of the amendment T%hatever prlnci
MA of ratification be decided on,