The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-12-19

to adopt the Congressional Constitutional
amendment.
The Joint Committee on Federal Rela-
tions, to which was referred that part of the
Governors Message relating to acommunica-
tion from the Hon VIM. II. Seward. Secreta-
ry of State for the United States, covering an
atiested copy of a Joint Resolution of Con-
gress, proposing fourteenth Article as an
Amendment of the Constitution of the Uni
ted States, to be submitted to this General
Assembly for ratification or rejection, have
had the same under consideration, and ask
leave to report :
The Committee, impressed with the i'm
portance OF the subjects embraced in the
proposed Constitutional Amendment, as af-
fecting the Commonwealth Of North-Caro-
lima, not merely for the present, but, in all
human probability, for ages to come, have
given the whole matter a careful considera-
tion and now offer the reasons for the conclu-
sions at which they have arrived. g.
A number of radca! changes in the funda-
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 viii lie under the necessity ofre-
jecting all leaving no alternative of accept
ing some of the sections in the proposed ar.
ticle and rejecting Others and it is submit
ted that this mode of amending the Consti-
tuti'n of the United States is ,unwise, and
without precedent, and ought not to find IA
vor in any portion of this great nation.
The Committee entertain the opinion that
this proposition has not been submitted in
constitutional manner, and in pursuance of
the forms prescribed by the Constitution
NOrtll-Carolina and her ten sister seeding
States, have been repeatedly recognized as
States in the Union, by all the Departments
of the Federal Government, both during and
since the war; Congress did this by the
Resolutions OF July, 1861, which declared
that " the object of the war was not for any
purpose or conquest or subjugatiol.. 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 unim-
paired" And again: by and Act appor-
tioning taxation among the States I; by an
Act assigning them their respective numbers
of Representatives ); by an Act at the last
session re-adjuusting the Federal Circuits, by
accepting as valid the assent of Virginia to
the division of that State, and thereupon IS
tablishing 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 noU rspeated by the
Federal Government in submitting to them
for ratification the pending proposition of
amendment, since only States in the Union
can vote on such question.
The Federal Constitution declares, in sub
stance, that Congress shall consist of H use
of Representatives, composed Of members ap-
portioned among the respective States in the
ratio of their population, and of Senate,
composed of two members from each State
And in the Article which concerns Amend
ments, it is expressly provided that mo
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 reiinquished 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 objecting to the regularity of
the proceeding. But as their Senators and
Representatives elect were seeking admission
to their seats and were deprived of them
against their consent, the subject is present
ed in a different light.
If the votes of these States are necessary
to valid ratification of the Amendment,
they were equally necessary on the question
of proposing it to the States; for it would
he difficult, in the opinion of the Committee,
to show by what process in logic, men of in.
telligencc could arrive at different conclu-
sion. And it is submitted that this irregu-
larity, in the initiative step, would make the
Amendment of doubtful validity, even frat
ifed 1t would certainly constitute dan
gerous precedent, give rise to troublesome
questions hereafter, remove the landmarks
established by the fathers, and greatly tend
to diminish that regard for the sacredness of
the Constitution, which all our 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 SEQ
cry order, resolution. or vote, to which the
concurrence of the Senate and House of Rep
resentatives may he necessary Except on a
question of adjaurnment.) shall be presented
to the President of the United States, and be-
fore the same shall take effect, 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-
quiring the concurrent action ofboth Houses.
The pending Amendment, however, was 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
originally passed by thirds majority, it
need not he presented to the President, since
his disapprrval could not affect it; for his
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 geto by the two-thirds
maiOritv ia renuired hofS,ra onu g orf1or ra,r.