Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-30
SPEECH OFF
H NJ GEORGE H. PENlLETON,
Delivered in the Lower House Of Congress, Jan
uary IL, 1865, on the Proposed Amend
ment to the Constitution Of the United
is States Abolishing Slavery.


I last session of Congress l endcavored to
maintain by argument that three-fourths of
the States did not possess constitutional
power to pass this amendment. | had ar
rived at that conclusion after mature delib-
Grafton. L endeavored to show wherein
this proposed amendment SO for contra
vened the spirit aud intentof the Consttu-
tion as to be beyond the power granted. |
shall not touch that point to-day. / have
listened with great attention to the opinions
or gentemcn1ontheo other side of the House
who disagree with me. | have heard the
gentleman from Iowa, Mr.. Kasson.l and
the gentleman from Maryland, Mr.. Cres-
well. and have listened to the sweeping
declaration of my colleague Mr.. Cox, of
Ohio] who sits behind me. nave emdeav-
ored 10 weigh impartially the arguments
which they have alduced in support of their
opinions. | am constrained to say that
have heard nothing which has in the least
degree weakened my taithin the conclusion
at which had arrived. Its because can
not go beyond this question of power, be-
cause am not at liberty to consider any
other question, that shall confine myself
exclusively to its consideration.
IL will notdomy colleague from the Toledo
district Mr.. Ashley the injustice to sup
pose that Ill his argument Oh Friday he in
tended to make complete reply to the
proposition which endeavored to sustain
at the last session.
understand, Mr.. Speaker, the right of
revolution. | know whatare its Limitations
and its sanctions. Its origin is not in hu-
man institutions; its sanctions are not in
penal enactments. Its home is in the hu-
man heart; its origin is in the aspirations
of man for progress; its sanction is the
ultima ratio from whose dread judgment
there is no appeal. The minority OF the
npOnln If tbaU c1hvnpt tbi-
federation, and establish in its stead q con-
solidated unity. Much more may a ma
Jorlty. Three-fourths of the States may
abolish this republican form of Go ,ernment,
and, to use the illustration of my colleague,
MIR. Cox, may elect the King of Dahomey
to be their autocrat; and then, responsible
In the present only to the nations and to
God, and responsible in the future only to
the ages and to civilization, they may draw
their sword, and if.they have the power, i'm
pose that form of Government upJn the
dissenting States.
But beg my colleagues Mr.. Cox and
Mr.. Ashley to remember, and beg gentle
men who differ from me to remember, that
the right of resistance is as perfect; that
the duty of resistancei is more absolute; and
that the cause of those who resist is sacred
in the eyes OF God and man, aud will, if
they are successful, command the admir-,
the fame Which belongs to patriots and
heroes. ,. ......
But, sir, we are not discussing that right
OF revolution, MOI. vet the right of all the
States to amend this Constitution. We are
discussing the powers of change which are
gtanted by this written Constitution. We
are discussing the powers of change which
by that instrument are given the major
ity, and the obligation of obedience and of
an nj Il. A.
minority. i suppose it will be admitted as
maxim, subject to no controversy, that
wherever there is a constitutional power in
the majority to change the Constitution
there is a correlativc duty upon the part of
the minority, silently, peacefully, and i'm
mediately to acquiesce. Wherever there is
the right of resistance in the minority. there
is no right of amendment in the majority.
| have endeayored to maintain that the
right of amendment granted by this Con-
stitut0n is limited in two ways. First by
the letter of the Constitution itself, and
next by the spirit and intent and scope of
that instrument, aud by the idea which un-
qerlles it all as a foundation. ,...r 3D., --.-,s
My colleague who sits behind me, Mr..
Cox, aud my colleague from the Toledo
district. Mr. Ashley, admit that the pow
er OF amendment is limited by tIIe letter Of
the Constitution itself, but they assert that
it'll limited only by that rule and no other.
beg gentlemen to remember that this is
not a question of revelation or of physica
force; it is not Il question of abstract right
or OF natural Justice, but of power dele
gated by the written text of the ConstiLu-
tion itself. From the times of the ancient
prophets he WAS an honorable and upright
man who stood by his word though it led to
his own Injury. -1.i I'm IS fa
Now Idesire to ask gentlemen whetherit
is true That the power OF change in that
Constitution is limited only by its written
language? There are but three points in
which that Constitution, by its letter, could |
not be changed The first was the right OF |
importation of slaves befure 1898; the Sec
ond was the rule OF taxation, and the third |
Was the equality of representation in the |
Senate. The prohibition of change in one |
article was necessarily limited by the article |
itself to the year 1903. My colleague from |
the Toledo district, in the speech which he |
ma,le the other day, told us with reference
to this, point: -.
Lftfrea the Constitution Alright and understand
the force of language the section winch have lust
qnytel ii. to-day from all Limitations aud con
dtlols save tw, oIe of which provides that the suf
frage OF tne several States in the Senate all be
equal and that uu State shall lose this equality by
aiiy aneldnant of the Cvnsttutio without its con-
sent the other relates 70 taxation. These are the
only condition. and Limitations" af. M i9.f hfa /
q; deny it. + assert that there Is another
limitation stronger even than the letter of
the Constitution; and that Is to be found in
its intent and It's spirit aud its foundation
idea. put the question which has been
puUbefvre IN this sdebate: scan three-fourths
OF the states constitutionallyschamg this
Government, anu make it an autocracy? 1t
isllol prohibited by the letter of the Con-
stiGution. .-.--------.--- - yqa1
ss.Mr. ASHLEY. Did my. colleague under