The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-01-20
rendIeton on the ConstItutLOa.


BIr Pendleton, late copperhead can
didate for Vice President, made a
speech in the House Of Representa-
tives, recently, on the Constitutional
amendment abolishing slavery, in
which be took the ultra ground that
the people Of the United States have no
power, without the consent of al the
STATES, to adopt ia position never as
sumed by the most ultra States rights
politicians OF the Southland during
the discussion the following passage
took piaaa between him aud Mr. Yea
man, a slave -hololus democrat of Ken
lucky
Mr.. Yesman VIII the gentleman
Weld to me for a moment
Mr Pcndleton I viii yield ii have
time. How much time have /;
The Speaker Fifteen minutes.
Mr. Pendlcton I will yield TO the
gentleman for p moment lie will see
the necessity for being brief
Mr.. Yeaman ii the Constitution as
al original compact Of government,
was binding only upon those who did
not ratify il, then | ask whether by
ratification they did not give the
amending power to three-fourths Of the
States.
Mr. Pendleton have been endeay-
orlng for three.quarters of an hour to
answer that question.
Mr. Yeaman What number of
States can amend Tie constitution
Mr.. Pendleton la some particulars,
where the power Is granted, three
fourths of the States can Ia Other
particulars it cannot be done except by
the consent Of all the States bound by
It
Mr. Yeaman. That brings me to the
question wish TO ask the gentleman,
and that Is, TO point out specifically
what there it IN this particular amend
meut which makes it an exception 10
the general rule aud takes It out of the
operation Of the amending power
Mr.. Pendleton. The doctrine of the
gentleman from Ohio Mr. Ashley to
which ] have lust referred, is as large
m its operati ~, though think hardly
rs logical or conclusive, as the position
taken by the gentleman from Penn
sylyania [ Mr.. Stevens That gentle
man is famous more for the sledge-ham-
mer power of logic than for its scho-
lastic accuracy.
He saws that we are in condition Of
war and that war absOlves all COM
pacts 1t deprives the citizens OF sece-
ding States of their rights under the
Federal Government, and absolyes the
Federal Government aud the people of
the adhearing States from the obliga
tons imposed by the Constitution; and,
therefore, he told US and with an en-
phasis we could al understand that
no State should be admitted into the
Union unless il came back carved by
the Federal Government out Of terri
tory conquered by the sword
Now, ! would ask the gentleman
from Pennsylvania Mr., Stevens 10 be
careful how he asserts that doctrine too
far. He would 90 upon the maxim
that what is broken in one thing Is
broken in all ''Frac,I ~ vHo fracta ~
0BsaibVS" Let him be carefal lest he
may find that it will dissolve the tie
which binds these Northern States one
20 the other, and they be RENTED TO
their originsl position OF Independence
Let him be careful, lest when the pas
sions Of these times be passed away,
and the historian shall 60 back to dis
cover where was the original infractioD
Of the Constitution, he may find that
sin lies at the door Of others than the
people now in arms
It will be seen that Mr. Pendleton
lodged the question of Mr. Yeaman;
be did not even attempt TO answer it
which circumstance of itself, ought to
convince any one that ne knew it
could not be done
Mr. Peudleton is nolawyer true he
read law and was admitted TO prso-
tice in the Courts OF Ohio but so
poorly did he make out. that ne could
no. make his living at it but he was
one Of those lucky ones, who had a
wealthy father, and went into politics
his pleasing manner, aud his free /
whisky securing Tor him position. -
Had he been a lawyer, he would never
have advanced such doctrine He /
would have known that il is p rule
Of jurisprudence, that when princi.
pie is laid down, 10 which exceptions
sre specifically named no other ex.
Ceptions are to Be understood There
is net lawyer in America, who has any
claims 20 that title, but agrees upon /
this; there is not work on law, from
Walkers Introduction - the most
borough and complicated book, Tut
asserts this IS a settled principle and
therefore he would never have dis
,uted the fact had he been versed in
hese books
Now let us see what is the general
.rinciple laid down By the Constitu-
ion, and also whether there Is any ex
option. The Constitution Of the
Tnited States, Art s., says
ARTICLE :. The Congress, whenever
70 thirds Of both Honses shall deem I