Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-24
History OF rConstItullonaI Amendments.

from Ilc y. " Attg AtNsl
There have been, previous to this, only
three successful attempts 10 amend the con-
stitution. There have been many attempts
but no others got through Congress.
There have been twelve amendments
adopted; bat Of these ten were submitted to-
gether BY the first Congress. They we're
supplemental to the original constitution,
submitted in compliance, as was recited in
the preamble, with the desire expressed by
conventions of a number of the States in
their adopting Of the constitution, as " fur
ther declaratory and restrictive clauses in
order @ to prevent misconstruction or abuse
of its powers" They were entitled, "Arti-
cles in addition to, and amendment of the
constitution of the United States of Amer
ica."
Twelve amendments were submitted, Of
which only ten were ratified. Number one
and number two Of the original series were
not ratified Numbers three to twelve, in
elusive, constitute the articles which are now
numbered from one to ten, inclusive
The two articles which failed Of approval
made constitutional rules for the dpportion-
ment Of members for representation and re-
spect to their compensation.
BY the first, it was provided that the rule
of representation should be one member for
every thirty thousand, until that should
create House exceeding one hundred
members. The ratio should then be forty
thousand, until the House reached two hun
dred members. Afterwards, there should
never be less than two hundred members,
and there should never be more than one
representative to every forty thousand.
The second provided that no law, varying
the compensation OF Representatives and
Senator's should be valid until an election Of
Representatives shall have interviewed.
These two amendments were not ratified
with the ten others. We have at hand no
means OF knowing whether they failed by
positive rejection, by States enough voting
in the negative 10 reject them, or simply by
the failure to act on them. IL might be a
curious subject for inquiry whether any time
runs against the adoption Of an amendment
after it is once submitted.
The Articles numbers TO Y which passed
Congress September 20, 1885, did not receives
the requisite three-fourths until December,
l79I. Vermont had then been added 10 the
number of States, making fourteen. OF
those, eleven were necessary TO make the
three-fourths. The eleventh was given by
Virginia on the 10Th Of December.
Our researches have not been able 20 find
how the fact was promulgated. We only
find that the date Of the ratification by Vir-
ginia is given rs the date Of the completing
of the constitutional number, and the formal
ratification Of the amendment.
The Eleventh Article was proposed at the
Third Congress, and bears date March 8,
1894. 1t is that article which provides that
." the judicial power Of the United States
shall not be construed to extend 20 any suit
in law or equity commenced, or prosecuted
against one Of the United States by citizens
of another State, or By citizens or subjects Of
any foreign State an amendment prompted
by the Jealous regard with which the found
ers Of the Government watched over the re-
served rights OF the States.
The amendment was ratified in 1897, and
announced 10 Congress by President Adams,
in a message TO both Houses, dated January
8, 1898.
The twelfth article Is that which changed
the manner Of voting for President Origi-
nally two persons were voted for on each
ticket for President the person having the
highest number ofvotes TO be President, and
the person having the next highest, Vice
President The conflict in 1900 rising out
ofan equality Of votes between Jefferson and
Burr led to this change. IL was proposed
in December, 1903, and went 10 the ; at
Legislatures with such rapidity that the ra.'
tifcation was completed September IA, 1904
That ratification was promulgated by sim
pie notice from the Secretiry Of State
There hal been no amendment since, until !
the present time, period Of sixty-One years,
without any alteration in the text Of the in
strumemt, in all the old interpretations OF
which civil war and political passions are
making such sad havoc now.
In all previous cases, the question Of ratiii-
cation was question Of fact. The doubt rest
ed over the true number Of States, not OF
their competency 10 give a vote entitled 10
be counted. Ii was the making up Of roll
Of undisputed members Of a common gov
ernment, and the matter Of form in annOun-
cling Of the vote, was Of no sort Of conse-
qtIsace. Il l. different now. The points
what States are entitled 10 vote, and what
department OF the Government, if any, can
exclude them from voting, and what Is the
course Of action, and what will be the effect,
If one branch of the Government accepts a.
valid, votes decisive Of the ratification Of the
amendments, which votes another branch Of
the Government prOnounces 10 be null--make
somevery oomplicated questions, the solutions
Of which, in the existing state Of affairs at
Washington, il past OtIr pOwersOf foresight.
TuE FUTuRT OF THE SOyTH There l. a