American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1865-11-15
The Adoption of the Constitu-
ffuuaf afAmeu1meDt.

ing Post:
As faithful reader of The Evening
Post for many years, have perused
your article insisting that all present eff
ort for guarantees of national security and
national faith must be postponed in or
der to obtain the ratification of the Con-
stitutional Amendment, by which sla-
very is abolished throuought the Uni
ted States. If'ths Constitutional Amend
incnt were not already ratified by the er-
quistte- number of States, / should doubt
if even this most desirable object could
be sufficient excuse for leaving nation
al freedman and the national creditor ex-
posed to peril, when our exertions now
can save them But, allow me to inquire
if you do not forget that, according to the
usage of the National Government, in an
alogeous cases, this Amendment has been
already ratified by the requisite number
of States, so that at this moment, it is
valid, to all intents and purposes, as a
part of the Constitution? There was a
butcher once who looked everywhere for
his knife, forgetting that he held il :hen
between his teeth. There also was South
cy, good 'Doctor," who was in love with
out knowing it, and you have lauged, |
am sure, at the story to, illustrate this
condition, where traveller, asking how far
it was to place called The Pdn," was
answered, "You are in the Pan now"
1t seems to me that, like the traveller, the
doctor, and the butcher, you already have
what you desire; so that even according
to your programme, the way is clear for
insisting upon those other things embra-
ced under Security for the Future"
The Constitution of the United States
decides that "the Congress, whenever
t,co-thirls Of both Houses shall deem nee
essary, shall propose amendments to the
Constitution, which shall be valid to ali
intents and purposes of part of this Con
stitution, which ratified by the legislatures
of three: :tourths Of the several States."-
On these words the simple question aris-
es; What constitutes the quorum.
But the usage Of the National Govern
ment in analogous cases has determined
that the quorum is founded on the States
actually participating IN the Government
This has been decided in both houses of
Congress. The House of Representatives
led the way in fixing its quorum accord
ing 10 actual representation, or, in other
words, at majority of the members elect
cd and qualified The Senate, after care
full consideration and protracted debate,
followed in establishing a similar rule
The Constitutional amendment was orig
inally adopted by both houses organized
according to tsis rule. The national debt
has been sanctioned by both houses thus
organized. Treaties also with foreign
powers have been sanctioned in the Sen
ate thus organized.
Applying this rule, the quorum of
States requisite for the ratification of the
Constitutional Amendment is plainly
three -fourths of the States actually pdrtjc-
iipattng an the Government, or in other
words, three -fomths of the States having
Legislature" it may be still a State /;
but it cannot be practically counted in
the organization of Congress !. and | sub
nit that the same rule must prevail in the
ratification of the Constitutional Amend
mont. The reason of the rule is the same
in each case, If you insist upon count
ing rebel State having no Legislature
YOU make concession TO rebellion. You
concede to mutinous State the power to
arrest, it may be, the organization of Con-
-gress, or, it may be, amendments to the
Constitution important to the general
welfare This is not reasonable. There
fore, on grounds of reason as we'll as MS.
age, l prefer the accepted rule
= If this conclusion needed any support
in authority, it would find in the declar-
ed opinion of one of our best law writers.
who is cited with respect in all the courts
of the country. refer to Mr.. Bishop.
who, in the third edition ofhis Comment
aries on the Criminal Law (vol. l., D.
2z6, published within few days, dis.
cusscs this question at length. In the
course of his remarks he uses the follow.
ing language: "If the matter were one
relating to any other subject than slavery,
no legal person would ever doubt that
when there are States with Legislatures
and States without Legislatures, and the
Constitutions submits a question to the
determination of Legislatures of three.
fourths of the several States, she meaning
: is thre-fourths of the States who have
Legislatures. In fact it does not require
either legal wisdom or legal acumen to see
this, provided we look at the point dis.
conf ected from the peculiar subject of sla.
very" The learned author then pro.
ceeds to illustrate this statement in a
manner to which can see no answer.
To my mind all this seems so plain
that am disposed to ask pardon for ar.
guing it. OF course there is no ques.
tion whether aState is an the Union or on,
of the Union 1t is enough that it is
without Legislature" and on this point
there can be no question. Being with
out a Legislature it cannot be counted in
determining the quorum.
Therefore unless l greatly err, the Con.
stitutional Amendment has been already
ratified by therequislte number of States ;
so that slavery is now abolished in name
first, by the proclamation of President
Lincoln; and secondly, by Constitution
al Amendment 1t remains, that we should