The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1865-02-15
Mr.. PENDLETON. I will do ny

Mr.. PENDLETON. / will do my /,
colleague no injustice. ! was rspudia-
ting the doctrine Of the right or oonsti- 4
tutional power Of three-fourths Of the
States 20 to amend the Constitution as
that they may carry tho institution Of
slavery into these northern States. was
seeking to impress upon gentlemen the
argument that there were other prohlbi.
tions than those which were contained ia
the letter Of The Consultation. I declared
my belief, and Irepeat II, that Il is not
within the power Of hree-fourths Of the
States to impose upon the dissenting
States such an amendment. Authority
over the status Of its own citizens belongs
to each State. It cannot be deprived gift
Mr. G0OCH. I win ask the gentle.
man from Ohio Mr.. Pendleton1 whether
in bis opinion the men who made the
Constitution could, q. the time they made
lit, have prohibited the institution q slay-
cry within the United States W
Mr.. PENDLET0N. In my judge.
meut the Constitution Of the United
States would never have been ratified by
nine Of the States With such provision
in il. gfs! Sls ~
Mr.. GOOCH. That is not my ques.
tion. ask the gentleman whether in
his opinion they could have prohibited
slavery without violating any Of the es-
sential and fundamental principles Of the
Government? iNs W
Mr. PENDLEToN. They could have
. prohibited il, and II would have been
binding upon those States which ratified
it, because it was in the power Of each
State To give up to the Federal Govern
ment the decision Of the status Of its
people; but the other States cannot claim
to make that decision except by express
! grant from each State. on al 20
Mt. GOOCH. l would ask the gen.
tleman still further question whether
. by the adoption Of the Constitution and
the amendments TO II the States have not
: conferred that power upon the constitu.
tional majority, or upon that power which
they have authorised to amend the Con-
stitution? Ae ~ @ fae-isao@s y
j Mr., PENDLETON. I think they
] have not; or else would not have been
!. denying the power for the last half hour.
III have been sndsayoring 10 show that the
. Limitations in the latter ofstbe Constitn-
u ltion we're not the only limitations upon
j the power Of amendment. And I have
done il for tho purpose Of leading gentle
0 men TO this House toia conclusion which
l am prepared to take, following the line
a Iof argument that have done, showing
!. that you cannot, under the power oi
Il amendment, contravene the letter and
spirit of the Constitution that you can,
not subvert republication that you can.
J not decide the status Of the citizens ol
" the States. ! would lead them TO the
!, ;, conclusion that there is no power on the
: : part Of the Federal Govornment--on the
= part Of the three quarters Of the States
intended to say-to adopt the amendmen,
= that is now proposed and that If you d.
= it, If you attempt to impose that amend
y ment upon the dissenting States BY force
. il will be their right to resist you By
y force, and to call to their aid oil the pow
ers which God and nature have giysr
" them to make that force effective. N q
% Now, sir, I do not intend to do my col
! leage from the Toledo district GMr. Ash
I ley1 the least injustice in stating his or
~ IT gument. He felt the force Of the sug
II gestions which have sndeavorsd to pre-
o sent. They occurred to a mind accus
= toned to anticipate the objections whicl
may be made to the position which h
IS, assumes. Having laid down, in Oh
n, broadest possibls terms, that the condl
n tions aud limitations imposed upon th
70, power Of amendment are only those whic
re are expressly, declared in the Copstitr
ID tion, be follows il up by declaratie
lis that, Gin my judgement, Congress- ma
b propote and three-fourths Of the State
IA may adop, any amendment Republican ]
a It's character and conssient ,oitk The oo'
he tiiaued existence of nation, save in Ii
M two particulars just named" Why do'
N he impose those two further Limitations
on There is no guarantee in the Constitute
Ia that the Federal Government shall be r
Ga publican in form. There is no prohib
AZ ton Of change Of the Federal Cover
a. ment to different and anh-republics
he form. The gepteman's own admissic
ss. overthrows the Foundation upon whichh
os. argument rests And, I would ike
ep know from the gentleman whore there
in prohibition upon the right Of thIe
Ia. fourths Of the States to dissolve the Co
he federation. He says that any amendne
on must be tconsistent with the continu,
bs existence Of the nation" ] deny u;
a. say that three -fourths Of the States 0,
"a dissolve the Confederation. they can q
= nul tho Constitution. They can dissol
lie the Union, but they cannot take awt
IA IA from the constituent States those pows
- which were reserved, not only BY the Il
tbs ter, but by the spirit and the infant av
M. design Of the instrument itself. y
AMI But this speech Of my colleague 90
isd tains another remarkable statement,
n. which I'desire 10 call bis attention. y,
nj. lowing the line Of argument which seel
I / to have been adopted BY the gentlem
IN from Massachusetts,, [Mr Gooch, ] IN \
nc. question which he put to ne just now, \
y. colleague Gays 'a'ep .ssis'
the "Mr Speaker, ! presume no man, .
as even my colleague, will depy that VII
nd. the thirteen colonies or States assembl
the by their representatives u Convention
make the present national Copstitpti
Mr.. lthev might have aboIished slavery al %,