The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1865-09-30

ARTICLE AIl1.
" SEC. l.. Neither slavery nor iuvoluuta-
ry servItnde, except rs punishment Tor
crime, whereof the party shall have heen
duly convicted, shall exist in the United
States, or any place sabject to their juris,
liction
SEe. 2. Congress shall have power TO
enforce this article BY appropriate legisla
ton
I viii examine this proposed Amend
meht IN two numbers IN the first, the
purposes of its authors. and the power il
would carry of itself, and also what it
would confer on Congress in the second.
the competency Of two-thirds OF the
houses Of Congress and three -foufths Of
the States, to make il aud incorpoiAte It
as part of the Constitution The original
proposition of this Amendment was of
fercd in the Senate by a member from
Missouri, and consisted only Of the ISt
section. 1t was referred to the Commit
tee ON the Judiciary. aud reported back
with the I'd section as an amendment. by
the Chairman, Senator Trgmbull. Of Hi
nois, an able lawyer and vehement AhoE-
zionist He, and the leaders Of thai
party in Congress, had a clear under
standing Of their werh in getting up this
Amendment 1t was to be the means Of
making permanent aggregation to their
party, that would enable il TO hold power.
and they sought to avert attention. 10
some extent. from their project by cloth
ing this 2d section in general and vague
language.
The Constitution as ii was framed hv
the founders Of our Government. aud as
it was ratified hy the people eff the sew.
cral States, contains this provision: Con
gress shall have power to make all laws
which shall be Necessary afid proper for
t1lrgihg into e.ceessfEoa the foregoing
powers. and all other powers vested bv
this Constitution in the Government of
the United States, or any Department or
Office thereof" The great sta;esmen
who constructed our Federal Government
in such beautiful harmony with State
Rights, and the legitimate powers Of the
State Governments, and the liberties Of
the people, invested it only with the es-
sential powers to regulate affairs between
the United States and foreign nations.
and with the Indian tribes, and among
the States. The power To reg,llatc their
own Internal affairs, which tkea aud frem
the bssgiaaisa9 had belonged to the States
respectively. would never have been sur
rendered or compromised by the men oi,
that day; because they knew fall we'll
that this would involve the certain and
speedy loss of Their liber;ies. Their we'll
considered judgment was, that the claus
quoted would confer ample auxiliary pow
.er on the rev Government t. enable ii
properly 10 execute all the limitei pow
ers delegated to it by the Constitution.
Twelve Amendments to the Constitution.
extensive, complicated and Of momentous
importance in their matter. have since
been made. But until n0w~no person has
ever thought it proper 10 invest the Cow
erpmeatof the United States with any
other. or additional power than IS import
ed By that clause, to enable it TO execute
ak the powers conferred upon it. both by
Che originalgrxt of the Constitution and
those twelve Amendments. Seventy
years Of trial has proved the power .es-
tablished and invested by that clause to
be suffcien, for every legitimate object.
Then, the Section of this proposed
Amendment was designed by its authors
to iavest Congress with mere power than
1t can now properly claim under the clause
before quoted, for some purpose. If
their intention was merely to abolish ana
forever interaict slavery in all the tates,
the I'd Seetien would be wholly unneces-i
sary. Eer those objects arc. secured By
the lst Section, and no Congressional
legislation. would be required to give it
full effect rs part Of the CONSTITUTION
of the United State, it wouldbe the :. Su-
prsme Law Of the land :" and every court
and officers of. the Federal Governments
and Of all the States. would be bound by
his oath, aud an express provision of the
Constitution, to obey and execute 1t,
g anything in the Constitution and laws
Of any State to the contrary notwith-
standing" Any negro held, or attempt
ed to be held, in slavery, could sue lis
wrong-doer, and have the Judgment of a
court in favor of his freedom, and also
for damages. and could have him indicted
and punished under the common law for
the tfespass
What, then, was the special object of
the Second Section, which could not be
effected by the power conferred by the
first, aided by the general auxiliary power
of Congress to pass all laws which should
be necessary and proper to execute ii? ~
That important and coveted object is to
confer on all freed negroes the right to
cote. This, the architects of such great
innovation in the Government of the
| United States, know, would be stubborn-
| " resisted atevery step. The first great,
and if not removed, insuperable obstrue-
ton is this provision Of the Constitution
of the United States: The House OF
Representatives shall be composed oi
Members chosen every second year, BY
the several States, and the Electors IN
leach State shall have the qualifications
requisite for Electors Of the most nuHaer-
ons 5raach Of the State Legislature" "
Another great compromise of the Con
4 stitution was embodied in this clause.
i After the Convention had agreed thai
leach State should have two Senators
there was but little difficulty in fixing the
principle, that their Legislatures should
lehoose them. Butfhe electors of Repre-,
lsentatives was a subject of much diff
] Guilty, and of protracted consideration b
1.-THE Convention. Among the States
There were numerous, and often conflict
ling variations. az to the persons. ano