The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-11-28

cluding debts incurred tor payment of PEN
sions and bounties for services in suppress
ing insurrection OF rebellion, shall not be
questioned"
7th, That "nsither the United States,
nor any state, shall assume to pay any debt
or obligation incurred in aid of insurrection
or rebellion against the United States, or
any CLAIM, for the loss or emancipation of
any slave; but all such debts, obligations,
and claims, shall be held illegal and void"
9Th. That "the congress shall have power
to enforce, by appropriate legislation, the
provisions of this article"
The constitution provides that ''the house
of representatives shall he composed of men,
bers chosen every second year, by the peo-
pile of the several states" and that s.the se-
nate of the United States shall be composed
of two senators from each state"
This proposition is not made to us by
congress so composed; this state, with ele-
ven Others, being denied representation in
the body which proposed thus to amend
the fundamental law.
1t was the clear intention of the constitu-
ton that every state should have right to
representation in congress proposing al
'erationsin original articles of compact; and
on this account alone, no state, pretending
to have rights under the constitution, can,
with proper scrapulousness or dignity, rati-
fy an amendment thus proposed
1t is remarkable that this proposed
amendment contemplates, under one article.
to change the constitution in eight particu-
lars-some of them altogether incongruous
to be ratified as ohole. or rejected as a
achole. We are not allowed to ratify such
of them as we approve, aud reject such such
of them as we disappfove. This is the first
attempt to introduce the vice of omnibus
Legislation into the grave matter of chang
ing the fundamental law.
In 1889 Congress proposed to the states
pursuant to the fifth article of the original
constitution, twelve new articles, as amend
ments. Ten of these were ratified by three
fourths of the states. The resolution, by
which these articles were submitted to the
state authorizes the states to ratify ''au or
any Of them." Ten of them were ratified,
two were rejected. Each OF the other three
amendments which have been adopted, To-
wit the elerenth, recommended in 1894; the
t,oe!fh in 1903; and the thirteeuth in 1906,
Was confined to one matter.
To some of the provisions of this proposed
fourteenth article constitutionally submitted
to u, there would probably be no objection.
To others-or to the heterogeneous whole
it is hoped the state will never give her as
sent
A commentary On all of the proposed
amendments would make this document in
ordinately long. A few remarks on one or
two of them may not be inappropriate
Under our laws, made in conformity to the
constitution of the United States, every one
of the following State officers who entered
on the discharge of his duties prior to the
Goth day of May, 1861, took the oath to sup
port the Constitution of the United States,
viz: the Governor, Judges of the Supreme
and Superior Courts, Public Treasurer, Sec
retary of State, Comptroller, Justices of the
Peace, Sheritfs, Clerks of the County and
Superior Court Clerks, and Masters in Equi-
ty, Clerk Of the Supreme Court, Constables,
County Trustees, Coroners, Registers, Entry
takers, Surveyors, every officer of the Militia,
Attorney General, State and County Solici-
tors, every member of the General Assembly,
and every officer holding any Office of trust
or profit in this State.
Every lawyer was, likewise, required to
take it, though the right to practice law has
not been held to be an Office of trust or profit.
The persons who had held these offices prior
to the war comprise vast proportion of the
population of the State. All postmasters
and Others who had held office under the
United States, had also taken this oath.-
These classes embraced the great body of the
intelligence of the State. When war had
been inaugurated-when one section con-
fronted the other in military conflict
personal security compelled obedience to
those in de efacto authority-who, of all these
classes of officers who remained in the State,
did not join his own section in the fight. or
"give aid and comfort" in the technical
sense of the phrase, or in the sense which
future Interpretation may assign to it, to
those who did join it2
Scarcely man remained among us who
can conscientiously say that he gave no " aid
and comfort" to the Southern soldiers during
that conflict.
But, strange to say, this amendment leaves
eligible to office any one who went into a
Convention and voted for the ordinance of
secession, and any one who voluntarily took
up arms and fought on the side of the South
to the end of the war. or held seat in the
Confederate Congress, provided such person
had never taken an oath to support the Con-
stitution of the United States.
If it be held that deeper shade of guilt
attaches to those who had held Office and ta-
ken this oath, than to Others who owed like
allegiance to the United States, is lawyer,
who had taken the oath and afterwards
joined in the rebellion, less guilty than con-
stable or postmaster, or other inferior Of
fcer, who had taken the oath and afterwards
given aid to the rebellion? +
If it be said that the dispensing power re-
serv d to two-thirds of Congress may he re-
lied ON to prevent any special hardship, it is
inconceivable how so large a body, charged
with so many more important duties could
exercise this power with justice or .discre-
tion
II this amendment should be ratified, it is
believed that not a single one could be found
in the State who was, before the war, Gov
enor, Judge of the Supreme or Superior
Courts, member of Congress, or member
of the General Assembly of this State, who
would be eligible as a County Register or
village Postmaster, without this dispensation
OF two-thirds of Congress.
The advocates of this amendment urge
that if we ratify it, representation in Con-
gress will be conceded to us; and that if we
reject it, we must expect from the dominant
party in Congress calamities still more dire
than we have yet felt. There is no warrant
for either assertion It would have been as
unbecoming in Congress to offer it to US un-
der any such promise, or such threat as it
would be degrading to us to ratify it under
such circumstances. It should be considered
solely in reference to its fitness to form a
part of fundamental law of country
claiming high position among enlightened