The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-17

lion deriving al their force from the constitution,
wherever u dsnnes the legislative Power of Consre~s
hess States we're regarded a. in the Union would have
been wholly nApplicsble 10 them.
Tho whole theory adopted BY Congress and tho
i've and maintained throughout the entire
hsThs Union Is ind soluble the practical relation u
the States 10 the federal II interrupted by
rebellion The whole power OF the government must
be used 10 suppress the rebellion that the tslas mar
be restored 10 heir practical relations with the federal
government Had the people In tile di.afsctsd States
retired pcaceaby their under the proclamatoD
tho States would have been Immediately restored
to their political relations and this result followed when
ever the President declared tho rebellion suppressed
Wherever the laws could be enforced In tho ordinary
judicial course the Union Was restored and tho oonsu
ton proclaimed the relation OF the States the federal
government, rendering legislation tho subject by
Congress not only Unnecessary but unwarranlod.
We have thus endeavored 70 show that tho right 20
il denied by tho general government and lie con
sruction has been maintained BY tho sword, and sub
mitted 10 by all tha States
legislation defined In the eighth sccton power
10 given To Congress 10 egsate state out Of the Union
aud while by tho third section of the fourth article the
Congress may admit State formed ont Of tho
territory OF the United States foreign territory there
- no clause OF that instrument by which Congress
any other power transform State into territory
Then as Georgia Of tho original thirteen States
from il nor no essiasrd ou Of n her federal relations
being only suspended during the rebellion, shs must
necessarily continue to be one OF the United sates and
such her relations 10 the federal government and
her sister States n defined by tho constitution Of tho
United States and this relation be changed nor
In OF the modes provided in that instrument
by the States themselves Arc these amend
article OF the constitution Of the United states two
modes are prescribed for proposing amendments-ons by
application or the Legislatures OF two-ihrs OF tho
States to the Congrezs, the other by q or two
thirds Of the Congress- II proposed they become amend
ments when ratified by the Legislatures of three four,hs
OF the several states or BY conventions or hresourths
OF The states the the other mode Of ratification
may be directed by Congress-
Have these amendments been proposed by two, thirds
OF the Congress of tho United SstesS Georgia IN
junction with her ssier States by tho st section frst
powers herein granted shall 10 vested In Congress. Of
the United States, which shall consist Of Senate and
House Of Representatives.
The second section prcscr bes the mode OF reaiscting
members OF Congress- and declares that Georgia shall
have a. least three members Of tho House Of Repre-
sanstlvcs and two Senator'S and that her representation
shall be Increased from time to time a certain basis
therein named upon which basis Of representation sho
branch.
BY the nft article is provided tina, she shall never
De deprived OF her equal suffrage In the Senate Without
her consent Thus BY the constitution OF tho United
States in virtue OF which instrument alone has any other
State or government any right to interfere with her
external or internal political relations the Senators and
Representatives OF Georgia form integral part OF
Congress OF the United ststes Tho same roasonln
applies TO the other States whose practical relations
10 the federal government for time interrupted
they were like Georgia, either original States by whom
the government was created or States since admitted
upon terms OF equality under rules prevented by tho
original thirteen.
During the war Congress could DO constitutcnay con
venef without the representation from these States DO
cause they were voluntarily absent and the States fail cd
% elect representatives. II was for thus that the
ameadpents abolishins slavery wera constitutlonay
proposed, aud In rslifyug them Georgia yielded po
liticai oprncpie material sacrifice demanded Of
her axi -ho laid II ~ peace Offering on tho altar OF
sRe tho reorganization Of ths State government geor
gia has elected Senators and Representatives. 90 has
every other stale. They have been Arbitrarily refused
admission 10 their seats not tho ground that the
qualifications OF the members elected did conform 20
fourth paragraph second section r,, article of the
denied ~ portion Of he states having equal
have III Tact been forcbly excluded, aud inas
much Ill legislative power granted BY the
States TO The Congress II defined and this power Of
cuson not among tbs powers granted expressly OF by
implication. The assembly a, the Capitol IL Represent.
a,ives from portion Of the States 10 the exclusion OF
the Representative Of another portion cannot be a
stiutonal Congress when the represent alton VI each
State forms an integral part OF tho whole
This amendment N rendered 10 Georgia for ratification
under that power in tho constitution which authorizes
tvoirs OF the Congress 70 propose amendments We
ths nrs place part Of the Congress 70 act upon the
question, "shall these amendments be proposed -
Every other excluded state had the right The art
constitutional privilege bss been Arbitrarily denied, and
therefore the second should be promptly declined Had
these amendments been submitted 10 \ constitutional
stsos. Twothris Of the whole Congress never would
have proposed to eleven 4tsss voluntarily reduce
their political power in the Union and ., tho tno
disranehlse the larger portion OF tho ntec integrity
and patriotism Of eleven coequa states Had they been
con ntonaily proposed even then the Legislature Of
Georgia acting Tor trelr never would never will
rafy amendment by which the State win be shorn
OF political power and portion Of her best citizens
branded with dlshonor
II wo have been successful In establishing orr pre-
misses the conclusion necessarily follows that Georgia
only ct upon this question q state OF the mem
bsrs the United States government that such Stair
these amendments sre not properly before her. not hav
ing ben proposed by constitutional Congress- and 10
act upon them whom proposed In any other way would
be parcpa setting aside the constitution and
establish pre- efent that the mandates ~ the cons
luton subordinate 20 tho viii of the federal Isgsla
tnre. The evil IL dire ted at Georgia todsyto
In other shape. when rsry gets into power
be directed with equal forcs against statss now
| free from Its influence.
In recommending that tbsss amendments be rejected
Tor the stated committee animated by
captions spirit II material sscrlfces we're demanded
10 promote harmony Georgia would In the future, ~ In
the past stand ready 10 mako the Offering. but, In the
opinion VI your committee the State should not yield
her constitutional righs oven though her citizens may
thereby bsye to endure further prvatona Individual
will pass away with tipe bat the overthrow of
the Constitution 10 enduring evil II noed be- let
snd suffer, but lot history teach the ssssn that,
under the Constitution tbe States of this Union
equals and that any made 20 psrpeusis the Union,
10 It's utmost success only maintain the states In
their original relations 10 each other.
We recommend the adoption OF the following resolu-
ton :--
Resolved rha, The Lessisturs ~ George dselinss 70
rsry the proposed amendment adding fodrtesnh article
toths Consultations Of the Cnied states.
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