Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1865-02-02

Can thrce-lourths of the States make al
amendment to the Constitution of the United
States which shall prohibit the State o.
Ohio from having two houses in its Legisla
tive Assembly. My colleague would not
agree to that Why not? 1t is not pro
hibited in the Constitution. The letter OF
the Constitution is not against it. Ii is al
amendment which may be republican in
form it contravenes no tenet Of republican.
ism that Legislature shall be of one house
only. Why could it not be done? Because
the equality of the State lies at the very
foundation of our system, and also because
the control Of the States over their interna
affairs is equally at its foundation. | know
my colleague too well to suppose that he
would not Join with me in saying that such
a usurpation of power on the part of three.
fourths ofthe States would Justify our own
State in drawing the sword.
Sir, can three-fo fourths of the States pro
vide an amendment to the Constitution by
which one fourth should bear all the taxes
of this Government ? 1t is not prohibited
To be sure there is a rule in the Constitu-
tion that taxation shall be uniform, but that
provision, according to the theory of my
friend from Ohio, is revokable and change
able as the rest. The gentleman knows that
that amendment would not be within the
scope Of the power granted to three-fourths
Of the States, and that it would Justify re-
sstancc.
Can throc-fourths of the States, by an
amendment to this Constitutions subvcrt the
State governments of one-lourth and divide
their territory among the rest? II is not
torbdden read no prohibition in the Ian
guade Of the Constitution, and yet my col
league would not contend that could be done
He would justify resistance.
Can three -tourths Of the States so amend
Che Constitution Of the States as to make the
northern States Of this Union sayeholding
States The gentleman from Pennsylvania
Mr.. Thayer at the late session said that in
his judgment it might be done. | know that
the ma iority Of this House would repudiatc
that doctrine. | would repudatc it myself
Believing, as do, that the Federal Govern
mcnt can no more make IA slave, than it can
make a king, ! for one, would be ready to
resist it to the last extremity.
Mir. TuAYER. ! think the gentleman
from Ohio does not precisely quote the am
swer that | gave to the question that he has
Just referred to- If rccollcct rightly the
answer which gave to the question upon
the occasion referred to, it was that solar as
slavery could be rendered lawful, II constitl-
tionnl provision making it lawful in all parts
Of the United States would have binding
and legal effect upon the people Of the
United States
Mr.. PENDLEToN. | understood that to
be the position Of the gentleman from Penn
sylvanla, and if expressed myself clearly
meant so to represent him correctly, and
meant in behalf Of myself to repudiatc that
proposition, for do not believe that it lies
W.T. "A Of h. n Ia
States to give to the Federal Government
the power to make the citizens Of State
slaves within its jurisdiction.
Mr.. TmAYER. The gentleman still, |
think fails to apprchcnd the character OF
the answer which gave to his question. |
have never conceded that an amendment or
law of the barbarous character suggested by
the question would have moral force or II
moral obligation upon the people of the
United States. But what said, in answer
to the question Of the gentleman from Ohio
was, that it would have the force OF law, the
force of an amendment of the Constitution;
that the law, if it was opposed to the innlien-
able rights Of the people Oft the United States,
would be, If ! may use contradictory eX-
preston, an unlawful law, law which You
could not enforce, IL law contravcning the
inaicnable rights Of the citizens of thi,
country.
hope, sir, that have made myself un
dcrstood. do not wish to be placed in the
position which the last remark Of the gen
tlcman from Ohio assigned to me. of Sayine
that either law of Congress or any amend
ment of the Constitution which could be
adopted by the people of the United State,
could introduce slavery into u State, but
say that so far as it would have the effect o
law it would legalize it.
Mr. PENDLEroN, Mr.. Speaker, | woult
not do injustice to the gentleman from Penn
sylvania as believe he well knows. g
a step further than he does, say that i
would not be binding in morals | say tha
il would not he binding in law. 1t would be
illegal II would be void. 1t would hay,
no more sanction than That which the powc
OF those who chose to impose it would bt
able TO give to it, 1t would be binding OF
those who would come within the power o
the sword Of those who made it, and on n,
other,
MIR, WILSON Win the gentleman per
init me to ask him a question
| Mr.. PENplEroN. Certainly
MIR. WILSON, Mr. Speaker, it that be
occupy, | should like to have that gentle
I 'l'' 'h'Nl IA wv il'uNt Nitlt any lblllbH bl
the people of this country derived the power
to make any other portion of the people
slaves in the first instance
Mr. PENpLEToN. They did not derive
tirom the Constitution ofthe 'nitcd States,
MIR. WILSON. ask where they did de
rive it,
Mr., PENpLEToN, They did not derive il
. from the Constitution of the United States
/ They did not give to the Constitutions OF
rather to the Government of the United
States which the Constitution formed, tho
/ right to Interfere with it whore it existed. -
| will not be drawn now into discussion
with the gcntemanas to the origin of slavery
nor to the law, which lies behind the Consti
tuition of the United States and behind th
government of the States, by which thes
people are heldin slavery. When that sub
iect is pertinent will not hesitate to ente
into the debate Perhaps he and nigh
not differ about that But am dscussin,
the question which is put forth SO ostenta
tiously by the other side of the House, tha
under the CONSTITUTIONAL by the right o
revolutionary its clauses and provisions
there exists the power to make this amend
mcnt.
Mr., KAsSoN. Mr.. Speaker
The SPEAKER. Docsthc gentleman from
Ohio yield to the gentleman from Iowa?
Mr. PENpLEroN, Certainly, sir
MIR. kAssoN. Mr.. Speaker | rose
moment ago, as the gentleman knows the
esteem in which | hold his ability, on these
questions, to state this To him, and to make
| 4 Il. /. l..