The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-08

The Presidents Position.
The radical papers are finding fault
with President johnson, and are
abusing him for sending to Congress
what they call a ''gratuitous mes
sage" defining his views on the con-
stitutional amendment forwarded to
him to be sent to the respective
States.
The National MteAigence,'-in his
confidence-thus defines his position
on this subject:
The Presidents the representative
of all the people of oil the States of
the Union. By the Constitution, it
is made his duty, from time to time,
to give to Congress information of
the state of the Union, and recon.
mend to their consideration such
measures as he may deem necessary
and expedient;" further, he is re-
Quired, by his oath of Office, ito pre-
serve, protect and defend the Consti-
tuition" Besides, the President, in
addition to his general executive
functions, has a controlling power
over the Legislative branch of the Go
yernmeut, as t'every order, resolu-
ton or vote' of the two Houses of
Congress is required by the Constitu-
ton to be submitted to him.
It would seem, therefore, if any
person in the country had a right to
an opinion in the matter involved in
the amendment, it is the President,
whose right to express that opinion
and to act upon it, is provided for in
the Constitution.
The President might object to the
manner in which the whole business
is managed.
He might think that States to which
the amendment WAS to be submitted,
ought, in justice, to have been per-
mitted to participate in the delibera-
tions rs to what the amendmentshoul
be. Surely this objection would rest
on unanswerable logic If PROPOSE
tion to amend the Constitution is
submitted to the State of Tennessee,
for instance, this submission neces-
sarily implies that Tennessee is a
State in tho Union. If Tennessee
be a State in the Union, upon
what principle of constitutional law
can her right to pass upon the sub
lect of amending the Constitution be
restricted to the mere make d privi-
lege of saying yes or no to an amend
ment, in the preparation of which she
has not been permitted to participate?
The process of amending the Consti-
tuition begins with the preparation in
the Congress OF the propositions to
be submitted. This part of the pro-
cess-the originating the amend
ment-is an essential and important
part Of the prerogative Of amend
ment, and Tennessee is as much en-
titled to participate in this part of the
process as in the mere ratification.
It is obvious, therefore, that it is a
gross outrage on the rights of those
States whose privilege to participate
In the sovereign function of amend
ing the fundamental law is restricted
to more affirmative or negative an
swer to a proposition of amendment
fashioned by only a portion of the
States. Nothing can be more illogi-
cal than the course of the Congress in
this regard.
Ain, the President may object to
the submission of some half dozen
changes of the Constitution in the
fraudulent and unconstitutional form
OF one single amendment. The spirit
Of the Constitution requires that each
distinct subject matter of change in
the Constitution should be submitted
separately. What can be more pr
sumptuous and arrogant than for
Congress to submit to their masters,
the States, a batch of amendments as
one? And what can be more fraudu-
lent than to string together hall
dozen different amendments, that
have no relation to each other, and
call them one amendment?
The President may, therefore, very
well object to the manner in which
the proposed amendments have been
gotten up, In violation of the rights
OF the excluded States, and the de-