Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-01-26


the charter OF our ,Sberties, which re-
speet as much as. my friend nom Ohio
! and would VS5late no sooner than he
was after much discussion and many
compromises OF opinion adopted But
in it, to satisfy all sides, the power or
amendment was provided for, and was
really limited, 20 far as its restrictions
now 90, 10 she particular, and that was
that no State Shall be deprived Of It's
J senatorial representation equal 10 Gny
other state, exCe2t by lI2 own consent.
! As have before intimated, our Govern
mentJwheu the Constitution was formed
was an experiment, II was toreseen
| that experience alone could determine
! whether too great power was vested IN
! the General Government OK too many
rights deserved to the Stats4, II was
also i0peSeen that in either event the
| pOWer would not be yielded with a will
! ing hand. Man loves power, and as
! governments are bgla the aggregation of
men, they too love and hold it if posi-
{ BILE Hence two modes whereby Con-
gress might call upon the people to
amend the Constitution were devised
| In case it should be found by experience
Tint too many powers or dangerous
/ prerogatives were reserved TO the States,
then Congress, whenever two thirds Of
both Houses should deem it necessary
should propose amendments to the Con
stitutiOn.
And on She other haAd, whenever ex-
perience might show that too great or
dangerous powers had been granted to
the General Government, then, on the
application of the Legislatures of two
thirds Of the several States, Congress
should call convention for proposing
amendments Herein we see the honesty
and wisdom of the trainers of our Con
stitution making so judicious and per-
feet an adjustment that neither the Gen
eral Government can usurp powers to
itself dangerous to the liberties Of the
people nor the States retain powers to
themselves which endanger the safety
of the Republic. But, sir, it was said
by the gentleman from Ohio Mr.. Pen
dletonl yesterday that there are certain
matters where three fOurths of the Leg
islatures Of the several States may
amend the Constitution, and in others
not, and when the gentleman from Ken
lucky Mr.. Yeamanl asked my friend
from Ohio to point out the exceptional
cases he declined or neglected to an
sWer.
Was it generous in my honorable
friend, Mr.. Pendleton, the exponent
and leader of a great party to preserve
such dignifled retiCenCc Could he not
have told US, who are earnestly seeking
after light upon this subject, wherein
the Constitution, (Outside Of its own re-
Ception) cannot be amended
Sir his love of truth, and his sagaCity
as a lawyer, OverCame his zeal, and
hence he made no reply. Sir, | admire
the gentleman's ability, and commend
him for his discretion. Sir there is but
one limit in the instrument, and that is
in regard to the senatorial representa-
ton, and neither you nor l, in my judg-
ment, can say SO far shall this power go,
and no farther, unless we pronounce the
Constitution itself unconstitutional.
The several States became members of
the Union under the Constitution with
a full knowledge Of its provisions, and
it il too late TO plead either infancy or
imbecility.
But sir, it is said that by the amend
ment we are interfering with vested
rights; that slaves were obtained under
the guarantee of the Constitution; that
| no amendment can be proposed Which
changes the statas Of the slave. | am
not going to discuss the question as to
the right to hold property in slaves.
Under my Interpretation Of the COnstl-
tuition negro slavery was protected
where it existed by force Of law, so long
as the States in which it existed and the
people thereof rendered fealty and ODE
dience to the Government. If you treat
slaves as property, then the condition o.
protection was the allegiance Of the
owner. The right Of protection and the
, duty of allegiance are reciprocal. Inde
pendent Of all Government a man is eH
/ titled to what he possesses until dispos
: sessed by force, and when he connects
r himself with organized Governments h(
is bound to recognize that Government
! and live under its laws, in order to en-
title himself or his property TO its pro
r teCting power.
f But, Sir, it is not necessary to discuss
| the right of property in man Coming
} from the Green Mountain State, where
the mountain brooks leap from rock tC
{ rock, in the full play of freedom, where
70 the winds of heaven sing the song O
r. freedom among the trees upon her noun
Y tain tops, and whore good Old judge
d fifty wears ago, said to a claimant VIII
claimed aud presented q bill Of sale 10
e Il slave. Show mcH O.N of sake .rOI
T. God Almighty and your title will 6e Il
j. -ogniznir il T.. not necessary ier me-
j. say that in my Judgment there can J.
d no property IN man