Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1865-02-02

affect the subject which he declares now t.
be incapable of amendment when they pro.
hibted every State from increasing its inter
est in slavery by any importation of the pco-
/ pie from abroad who could increase it, and
! in what respect this amendment differs in
kind from that Incorporated in the Consti-
tuition itself which declares to the States
| that they shall not swell by one, after the
year lSOS, the slaves they then had within
their borders? Task him on principle, not
on detail, on kind, not in degree, what the
difference is.
Mr.. PENDLEToN Mr.. Speaker, it is well
! Tor gentlemen to understand exactly the po-
! sition which their antagonists occupy before
they go into discussion of the kind sug-
gested by my friend from Iowa; and would
| like him to answer the question whether or
not he believes, with the gentleman from
Pennsylvania, Mr. Thayer. that the adop-
tion of an amendment Of the Constitution,
such as | alluded to, would legally carry the
institution of slavery into the northern
States.
Mr.. KAssoN. Twill answer that question
directly if the gentleman frankly and clearly
answers mine.
Mr.. PENDLEToN. The gentleman says
he Will answer my question as soon as | an
swer bis. say to him that [ was very un:
fortunate if | was not myself clearly under
stood in the proposition that was arguing.
was considering the powers guaranteed by
the instrument itself. | was considering
only those powers, and | expressly dis
tinguishcd between the right of revolution
and the right under which gentlemen claim
that they have the power to make this
amendment
For all purposes of this argument have
only sought to place myself on the Consti-
tuition Of the United States, and not to in
woke the authority Of any law that is higher
than it. | have taken extreme cases.
told my colleague Mr. AshloyI that / in
tended to take extreme cases. because it is
only by extreme eases that the soundness
Of principles can be measured.
Mr. WILSON. | desire to ask the gentle
man from Ohio, Mr. Pendleton in order
to fully understand the theory upon which
he is conducting this argument, whether he
believes that the States acting in what he
calls their sovereign capacity, have the
power or the right to make a portion of the
people Of State slaves?
Mr. PENDLEToN. That is a question
which | will discuss with the gentleman from
Iowa, Mr.. Wilson whenever it is pertinent
to the object in hand.
Mr. WILSON. | was going to suggest to
the gentleman that | understood his theory
to include that If ! misunderstood him,
then ask his pardon.
Mr. PENDLEToN. The question which
we are discussing to-day is not the power of
the State government to decide the status
of the people within it boundaries. But the
question is as to the power reserved in this
compact of confederation to its constituents,
which are the States.
Mr.. WILSON Mr.. Speaker
Mr.. WADSwoRTH. / object to the gen
tcman from Ohio, Mr.. Pcndleton yielding
the floor to any further interruption.
Mr.. PENDLErON. ! hope my friend will
mot object to any question until do.
The SPEAKER. The Chair will cause the
rule to be read
The Clerk then read the following rule of
the House
"Whileamemberis is occupying the floor he may
measure as well as for personal explanation"
The SPEAKER. The rule is a very broad
one. The Chair does not see how the gen
tcman from Ohio Mr.. Pendleton can be
limited in his right to yield the floor to any
member whomay desire ask maqucstiou.
Mr.. Boutwell, | understood the gen
tlcman from Ohio Mr.. pcndletonI to say
that he disscntcd from the doctrine that the
power to amend the Constitution was an un,
/ limited power. | wish to say that | alsC
dissent from that doctrine. | do not agree
Z that under the article of the Constitution
authorizing amendments we have the right
to amend the Constitution 50 as to establish
/ slavery, or to invite the King of Dahomcy
/ to rule over this country. | think the imi
! tation, if the gentleman from Ohio Mr.
! pcudlcton will bear with me moment
! longer, is found in the preamble, as follows
I'VE the people Of the United states, in order
! to form II more perfect union, establish Justice
/ insure domestic tranquility, provide for tn,
common defense, promote the general welfare
ana secure the blessings of liberty to ourselves
/ ana our pnst'rltS, do orialn and establish thi'
! Constitution
One provision of the Constitution is that
IN certain way it may be amended -
Whenever it is amended it must be amend
ed, in order that it may have both moral
and legal force, in conformity with the OBJ
.lectS for which the Constitution was framed,
as set forth in the preamble. And an amend.
mcnt which tends to "a more perfect union.
To establish Justice, to insure domestic tran
guilty, to provide for the common defense,
to promote the general welfare, and to secure
the blessings of liberty to ourselves and our
postcrity," is an amendment which, when
made according to the form prescribed in
! the Constitution, is both morally and legally
binding upon the people OF the country
But If 1t he made in violation of those great
objects, although it may be legally operative
it has no moral force, The argument would
he, IN my mind, that the amendment W,
now advocate Is in conformity with thosC
objects, while an amendment to establish
slavery would be contrary to them
Mr.. PENDLEroN, see that the gentle
man from Massachusetts Mr.. Boutwell,
appreciates very well the argument | an
now making, and he has separated himsel
from my colleague from the Toledo district
Nlr. Ashley, and my colleague who sit
behind me, Mr. Cox, and other gentlemen
who have preceded me in this debate, il
drawing the distinction as to the characte
of the amendments to be made. He rcpudi
ateS the doctrine which those gentlemen
have asserted, that the prohibition upol
amendments is limited only To the letter o
the Constitution itself.
Mr.. ASHLEY. My colleague Mr. Pen
dleton will do me the justice to say that
> was careful to make the limitation that NJ
amendment could be made ant-republcal
in its character.
Mr. PENpLEToN. will do my colleague
no injustice. was repudatmg the doctrin
Of the right or constitutional power of three
| tourths of the States so to amend the Con
stitution ms that they may carry the institu
| ton of slavery into these northern States. -
| was seeking TO impress upon gentlemen
the argument that there were other prohibi
tions than those which were contained il
! the letter otthe Constitution | declared m,