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

Unnecessary SNAIL propose AiiAchoAAi. 80
TO this Constitution, or, on the Applica-
ton of the Legislatures Of two-thlrds
Of the several States, shall call Con
vention for proposing Amendments,
which, in either Case, shall be Talld 70
all intents and Purposes, as Part OF tiiis
Constitution. when ratified by the Leg
;slatures Of three -fourths of the several
states. or by Conventions IN three
fourths thereof, as the one or the other
Mode Of Ratification may be proposed
by the Congress; Provided that no amend
nent srhieh naav Be- made prior 10 the Year
one thousand eight hundred and eight shall
IN a,,v Manner affect the first and fourth
Clauses IN The Ninth Section Of the flrst Ar
sels and that no State, ,eithoit its Consent,
sh0H Be deprived Of its equal Suffrage N me
Senate.
Here, then, are three specific excep
tons; and the expression Of these ex-
cludes the idea Of all implied ones.
Two Of these exceptions only apply for
limited time, and refer to the impOr-
tation of slaves; while the third is
perpetual injunction against any
change of the Senatorial basis, without
the ratification of such amendment by
all the States. In all things else, the
action Of three-fourths binds the whole.
But Mr.. Pendleton says that this is
interfering with the domestic institu-
tons Of the States, which it was never
intended the Constitution should do.
Wise Mr.. Pendleton That is new
discovery, truly That is boon the
Southern people never yet imagined
they possessed Let US see if the Con
stitution does not interfere, in very
many material respects, with the do.
nestle policy Of the States The first
clause Of the 10Th section, Of the first
article says
SscrIos 10 No State shall enter into
any Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal
coin Money emit Bills of Credit make
any Thing but gold and silver Coin a
Tender in Payment Of Debts pass any
Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of Con
tracts, or grant any Title Of Nobility.
1t is not necessary TO enumerate each
Of the particulars in which the internal
affairs of the State are here affected; we
will confine ourselves to one. No State
can create a title Of nobility; and we
candidly ask any man Of common
sense, fit is any more ofan interference,
to add to it another article, that no
State shall make any man slave
The constitution says no title of honor
shall be granted by State; the pro-
posed amendment adds, that neither
shall there be any title of degradation.
Next day Mr. Cox, who goes against
the amendment on grounds of public
policy, made an argument of great
weight and eonclusiVeness in defence
of the power TO amend in the matter in
question, snd't binding effect of the
amendment when ratified by three
fourths Of the States We give here
the following extract
NnT with al respect l appeal to my
tilend from A~rE York, who belongs to
the strict State-rlghts scnool Of politics.
and even stands so perpendieularIT
that many people believe that he leans
backward, TO consider the view Of Cal
houp upon this subject / am sorry my
friend from Connecticut Mr. Deming,
who has the volume, has not brought il
here this morning. The quotation will
be found in his sixth volume, page 80
In 1923 the South Carolina Legislature
asked the opinion of Mr. Calhoun upon
this and kindred subjects. In that
declaration OF political power, drawn
up for his State, he teaches that the
people Of that State, by adopting the
Federal Constitution, had modified its
original right of sovereignty, and that
by its consent in becoming a member
of the Union that power had been
placed in the hands of three-fourths of
the Statas, in whom, he said, the high~
est power known to the Constitution
exists ] do not give the quotation
with that length and that emphasis
which belong 10 it, but l will insert it
IN my remarks for the edifcation of
my friend, who is most earnest dis
ciple Of John c. Calhoun
Ia order to have q full and clear con
ceptiOn Of our institutions it will be
proper to remark that there is. in our
system, a striking contrast between
government and sovereignty The
separate government Of the several
States are vested in their legislative,
and executive, and judicial de.
partments, while the sovereignty resides
in the people Of the several States who
created it but by the express provision
o. ne Constitution it may be amended
or changed by threefourths of the
States, and thus, each State, by assent
ing to the Constitution with this pro
vision, has modified its original right
as a sovereign, of making its individ-
ual consent necessary TO any change in
its political condition and by becom
ing a member Of this Union has placed
this important power in the hands OF
three-fourths of the States, in whom
the highest powers known to the Con
stitution resides
This extract is only strengthened by
the context call on my friends of
the Staye-rights school not to Guido
their master, but il they would save
the most valuable and most abused
principle of our Government not TO
strain its intent and thus destroy it
altogether.
For the man who opposes the amend
ment on the ground of policy, we have
some respect, radically as we oppose
his conclusions and we aresnot in the
habit of using harsh terms-Ae who |
takes the position Mr. Pendleton does
is either fool or a downright knave.
But Mr. Pendleton is n disappointed |
man he has been repudiated, not only |
by tho votes of his district, but by the |
people of the United States; and he is
determined, during the remaining two 1
months Of his lease of power-obtain-
ed through false pretenses-to do all /
the injury he can, and thwart as much |
as possible, the Will of the people who |
have repudisted him II is small
way Of revenging himself, and he is
small enough to adopt it
ddress 10 the People.