The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-06-02
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| Aho ,HAsN@1Wt<N 4Nec%tS$cflCof, oa3o VA
the ablest conducted journals in the
country, has an article on amending
the Constitution, from which we ex4
TRACT. The positions taken by the
:l'etelligeacers pointing out the differ
ence between the two modes Of
/ amending, which the Constitution
! itself provides for, are well considered
and forcibly presented:
The Constitution provides two
modes of amendment, as follows: :.
Article Y. The Congress, whenever
two-thirtlsof both Houses shall deem
it. necessary, shall propose amend
ments to this Constitution, or, on the
application Of the Legislatures of
two-th:.us Of the several States, shall
tcaH a convention for proposing
amendments. s's>, - :. y,
The fact of providing two modes
of amending the Constitution shows
that, in the. opinion Of the, trainers of
the Constitution. one or the other
might be expedient. at different
times. and under different oircu1n-
stances. :
The two modes pointed ontshave
different objects i'll view: the first, by
which two-thirds of Congress is ai-
1 thorized to initiate the amendment,
is to allow the Federal Government
to suggest such amendments as may
| occur to it as eXpcdient; the second
mode, by which, at the instance of
two-thirdsof the States, a convention
of all the States is called, is to give
| the States a way by which to initiate
amendments. The two modes of
making amendments to the Constitu-
ton are not hap-hazard expedients,
without any definite purpose, but
they are the result of profound in
sight into the agencies of our Fedc
ral Government.
When the Federal Government
needs some addition TO OF change in
the fundamental law to its efficient
working, it is proper that it should
have the opportunity Of originating
amendments.
When, on the other hand, some
thing of q graver character; when
the primary interests Of the States.
the principals, are to be rc-atljustcd,
it is peculiarly proper that the States
shall take the initiative i'm the process
Of amendment.
In ordinary cases the mode of
amendment by the initiation of two
thirds OF the Congress may suffice.
In cases OF the last Importance, the
amendments should originate in the
convention of all the St.tes.
1t seems to us that there are very
striking advantages in this mode OF
amending the Constitution.
l. 1t is more in harmony with the
purpose to bc accomplished. II is
not proposed by any amendments to
give any additional powers to tho
Federal Government. Tie amend
ments look to the regulation of the
compact as between the States. Fur
instance, the most vital amendment
which has been agitatcd concerns the
degree of political power certain
classes of States shall possess; that
is to say, whether the basis OF repre-
sentation shall be changed. The
other vital amendment is to deter
mine whether certain classes of citi-
zens i'll some Of the States shall be
disfranchised. Neither OF these
amendments in any degree affect the
powers of the Federal Government.
They concern purely the relations Of
the States to each other.
9. The assemblage Of all the States
in convention is the most solemn
mode of considering amendments.
There has never been but one con-
vention Of all tho States, and that
was the historic convention which
framed the Constitution. If we can
conceive that tho grand and imposing
Amphictyonic Council should ever
again be assembled, surely VIC cannot
imagine an occasion more proper
than the present At the end OF the
most gigantic internecinc struggle Of
modern times, the States all renew
the unity of their national life.
,. The convention OF the States is
more suitable, as being body select
ell exclusively for the special mission
of considering the situation, and
providing such remedies as may ap-
pear proper. This body will have
nothing else to do but to consider the
condition of the country, and to sns
gest such n programme as may hes.
promise to advance the interest, Of
the country. A body having but
single duty may be supposed to
bring to the discharge of that duty
the maximum degree of attention