The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-06-27
WEDNESDAY, JUNE 81, 1866.
Has the Constitutional Amendment besn
PrODOsed


securing its defeat on the alledged failure to
secure the necessary two-thrds vote in order
that IL might be proposed" The Constitution
itself distinctly prescribes what is necessary to
secure its own amendment. "The Congress,
whenever twothirds OF both Houses shall deem
it necessary shall propose amendments to this
Constitution" The Age, yesterday morning, in
treating on the subject, gives utlerance to the
following lucid argument:-
''The Houses are made up of Senators and
Representatives from the several states constr
tuting the Union. There are now mrty-slH
States all of which, with the exception OF Texas,
are performing 'all their functions as States
bit hey are denied by the radicals representation
in The Houses TO 1htoh is deyegdted me duGy OF
proposing amendments TO ne ConStet'Haon. HOW
then, can the recent amendment be considered
as proposed to the States in constitutional
manner? 1t was not acted upon by twothirds
of both Houses and hence is no more an
amendment to the Constitution than II 1t had
been proposed by the Legislature OF single
State,n
The assertion made in this extract is decidedly
startling. There are 'thirty-six States, but they
are denied representation" =" is something new.
We had fondly believed that Pennsylvania was
represented, butif we can believe the Age to mean
mean what it says, such statement is denied.
We will take 1t for granted, however, that it
meant to say eleven States are unrepresented,
and will glance at the rest of their argument
The great question rests on the word Congress.
What constitutes Congress? 1t is necessary to
have two-thirds of both Houses. Now what
number of members go to make up each
House? The Constitution expressly provides
that majority of each House shall constitute
quorum to do business" and each House con-
sists of the total number of members duly
elected, and who have been decided 20 be duly
elected by the House itself. The issue was
started at the outbreak of the Rebellion, and
was settled by declaration that the members
elected and admitted should be considered as
the full House. Hence, it is really necessary
that only two.thirds OF the House, whenever a
quorum is present, should adopt the amendment
in order that it should be proposed to the
States. Had this question been settled in any
other manner, the wheels of legislation
would have been clogged at the outset of the
war, and not only could no steps have been
taken to subdue but all steps which have been
taken are virtually illegal "A majority con-
stitutes O quorum to do business" to take all
necessary legislation into its hands, including
the revenue, the vetoes, and all the laws. The
same experience occurs in regard to the
passage over a veto as is found in the provision
for amendments. Twothirds of each House
must assent; and as the President did not hesi-
tate to ackno wledge the Civil Rights law when
it secured two-thirds and as the Democracy and
the Age did not hesitate then, what gross incon-
sistency it is now to make issue on what they
have heretofore quietly assentel to without de-
bate Ifit be true, as the Age says, that all the
States must be represented, and that two-thirds
of the whole number of apportioned districts,
or two-hundred and thirty'nine, must assent,
how easy it becomes to stop the adoption OF any
amendment! ...... r...
Under such ruling as this nearly every bill
passed within four years will be illegal; our
national debt is an unauthorized imposition,
and its payment is not secured Such must be
the logical deduction. Again, if the Consttu-
tional amendment was not legally proposed,
then the Constitutional amendment prohibiting
slavery was not; and even granting that the war
power freed all IN the Rebel States, yet we must
return to bondage those of Delaware and Ken
lucky. 1t is we'll to look at the full effect of
principle before you favor it.
The Secretary of State, by transmitting to the
Governments of the various States certified
copies of the amendment, has officially pro-
claimed the fact of its proposal. The only
question which yet remains is the probability
of Its adoption. The assent of twentyseven
States is necessary. The Age grants that twenty
two will ratify it, but is puzzled to know how
we can secure the remaining five. We can, in
addition to those granted us count confidently
on Maryland and New Jersey, while it is not inn
possible that Kentucky will also assent. We
will thus have twenty-five at once, while for the
remaining two we must trust to the advance
ment of the age the same which has made
Maryland and Missouri do in five years what,
in 1860, it would have been ruinous to propose.
Time and a sense of justice will secure the
assent of all to anything that is inherently just.
TIE COMING CELEBRATION OF TIE FOURTH OF
JULY.--The coming celebration of the Fourth of
July Pre- misses to be one OF the most notable ones
ever held in our city. On that day our brave
soldiers will give back into the keeping of the