The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-12-15

MI, Ioi,t Committee on Federal Rela-
,;ons to which was referred that part OF the
Governors Message relating TO aeommumca-
tion from the Hon. VIM. II. Seward Secreta-
rv of State for the United States covering an
attested copy Of Joint Resolution OF CON
eress. proposing a fourteenth Article as an
amendment of the Constitution of the I'M,
ted States to be submitted to this Generai
Assembly for ratification or rejection, nave
had the same under consideration, and ask
leave to report
The Committee, impressed with the I'M
portance of the subjects embraced III the
proposed Constitutional Amendment rs al
fectino the Commonwealth OF Nofth-Cafo-
lima not merely for the present. but, Ill all
human probability, for ages to come, nave
giyen the whole matter careful conslderl-
tion and now offer the reasons for the conclu-
sions at which they have arrived.
number of radical changes in the tunda-
mental law of the country are proposed to be
embraced in one article, and to be accepted
or rejected together, and if but one OF these
amendments is disapproved, this General
Assembly will be under the necessity OF re-
iecting all leaving no alternative OF accept
ing some of the sections in the proposed ar
ticlc and rejecting others and it is submit
ted that this mode OF amending the Constl-
tuition of the United States is rhwlse, and
without precedent, and ought not to ind ia
yor in any portion of this great nation.
The Committee enteltain the opinion that
this proposition has not been submitted IL a
constitutional manner, and in pursuance OF
the forms prescribed by the Constitution
North Carolina and her ten sister seeding
States, have been repeatedly recognised is
States in tie Union, by all the Departments
of the Federal Government, both during and
since the war Congress did tins by the
Resolutions of July 1861, which declared
that L" the object OF the war was not for any
purpose or conquest or sut.lug"tiol'. nor. for
the purpose of overthrowing or interfering
with the rights or established institutions OF
those States. but to defend and maintain the
supremacy Of the Constitution and to pre-
serve the Union with all the dignity, equal
ity and rights of the several States urim-
paired" And again: by and Act appor-
tioning taxation among the States ; by an
Act assigning them their respective numbers
of Representatives ; hy an ftct at the last
session re-aGiuusting the Fl iiera! Circuits, Ivy
accepting as valid tile ass tnt of Virginia to
the division Of that State{ and thercapon IS
tablishng the State of West Virginia and
by other Acts. The Judiciary has recogniz-
ed them by hearing and deciding causes car
ried up from their Courts. The Executive
has done so by approving the aforesaid Acts
of Congress. This recognition Of them as
States in the Union is noe repeated by the
r eOelal government III submitting u tilcil
for ratification the pending proposition OF
amendment since only States in the Union
can vote on such a question.
The Federal Constitution declares. i'll sub
stance, that Congress shall consist OF a IL use
of Representatives, composed OF members APP
portioned among the respective States in the
ratio of their population, and of a Senate,
composed Of two members from each State.
And in the Article which concerns Amend
i+ :, Inl tbat M
State, without its consent. shall be deprived
of its equal suffrage in the Senate" The
contemplated amendment was not proposed
TO the States by Congress thus constituted.
At the time of its adoption. the eleven Sc
ceding States were deprived OF representa-
ton both in the Senate and House, although
they ALL except the State of Texas, had Sen
ators and Representatives duly elected and
claiming their privileges under the Constitu-
ton. In consequence OF this, these States
had no voice on the important question of
proposing the Amendment. Had they been
allowed to give their votes, the proposition
would doubtless have failed to command the !.
required two thirds majority. Had they
voluntarily relinquis!led the exercise of their
right and privilege in this matter. as they
had done in the case Of the late amendment
respecting slavery, they would, perhaps. be
estopped from obiecting to the regularity Of
the proceedinr But as their Senators and
Representatives elect were seeking admission
to their seats and were deprived Of them
against their consent, tie subject is present
ed in different light.
Ii the votes Of these States are necessary
to a valid ratification of the Amendment.
they were equally necessary on the question
OF proposing it to the States; for it would
be difficult, in the opinion of the Committee.
to show by what process in Logic, men Of in
oil 4
sion. And it is submitted that this irrcgu-
larity, in the initiative step, would make the
Amendment Of doubtful validity. even il rat
flied. 1t would certainly constitute a dan
gerous precedent, give rise to Troublesome
questions hereafter. remove tie landmarks
established by the fathers, and greatly tend
to diminish that regard for the sacreCiness OF
the Constitution, which all cur people ought
ever to cherish
The Committee are of the opinion that the
Constitution was not complied with in an
other particular, in the manner of proposing
this Amendment. The third clause of sec
ton second, article first, provides that = &C.
ery Or,ler, resolution. or vote to which the
concurrence of the Senate and House OF Rep
resentatives may be necessary Except on
question of adjournment shall be presented
to the President Of the United States, md be-
fore tile same S}tolL tuke eLfect, it shall be ap-
proved by him, or being disapprOved by him
shall be re-passed by two-thirds Of the Sen
ate and House OF Representatives, according
to the rules and limitation prescribed in the
case of BILL A proposition to amend the
Constitution is certainly included in the
terms Of that provision, as being matter re-
curing the concurrent action OF both Houses
The pending Amendment, however, V as nev-
er presented to the President, for his appro-
val or disapproval, but sent directly to the
Department of State, to be transmitted thence
TO the respective States.
And it is far from satisfactory answer to
this, to say that because the proposition was
passed by two thirds majority, it
need not be presented to the President, since
his ,disapprcval could not affect it; for his
disapproval might affect it when put upon
its re-passage after he had returned it with
his objection-an occurrence not remarkable
IN the past history of the government. And
this requesting over his reto by the two-thirds
majority is required before any " order, reso-
luton or vote' of Congress can take effect"
even though on its original passage it may
have received an unanimous support.
If it should be said that any doubts as to
the validity of the proposed Amendment,
whether ratified or rejected, under present