The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-10-17
The Proposed Constitutional
Amendment-LeIter from Gov.
Sbarkey.


that our Legislature is to be convened in ex-
ira session on the 18th of October. The
proposed amendment to the Constitution of
the United States as a 18th article, may
possibly he submitted TO the Legislature for
its adoption ur rejection, aud rs our State
has had no opportunity of being heard
through her Representatives on this interest
ing subject, and as the people of State
have right to know the opinions of their
Representatives ON a question SO vitality I'M
portant, Ia1npt this method-the only one
left IA of giving very briefly the outline
of the opinions which | entertain in regard
to this proposed amendment. No doubt
the good scuse of the Legislature will guide
that body to a correct conclusion, but the
interest feel for the welfare and dignity Of
the State demand that | should not ROMAN
silent. WHOM both ave &c dsaply inyot,Id.
~ ,ha h,s- ria.-.. l-.i7 H"c hv.irye li,s
nm HtnsuI ga, .cgumu.ll ~ by iUY.gkgus
"f tho CunaiIss II tic Uuilod States. Tie
Constitutional House of Representatives
consists nf members chosen by the people
of the several States, aud the Senate con
siStS of two Senators from each State. =
1t is very clear that body not SO composed,
or, in other words, where a considerable
number of he States are excluded from
representation in both branches is not the
Congress of the United States. As well
might any body OF usurpcrs assemble and
claim to be the Congress of the United
States. Each State has right to know
that all claiming TO be members possess the
Constitutional requisites, Mississippi does
not and can not know that the members who
.v,U'I .,aI ,,l m of Tanoro.s "'l
''osa, % nvD'U0'I th;1 w. az H. Stotos ,r0ro ovol,,
l,d t, MISREPRESENTATION ,,. o an i; Io,b uorso. by
w" 'i"" n,onbar r,,n -, aeYrndJ "Usr' ~ ho
a. n' ,,"S -, r. Inc
oind u oT! g., 80 ~ i.o, romrcrnntat;nm n m co1v
t tlat i o IN tbo rn,L of
aongjarina gj'Go Sta,as @ J;I"y, and in H. tbo cyclus
;"n of ,;n"r;toS I"t % nUt i % Tonr,nSs Wv sbaH ha
n,nd,, ,". - nnn.ist n,I,, ~ ,mnr,bors rrnn a
f'rrDo Gar of ,bn Iar@r S..too Viii Ill n,bnr ox
aIndod
0''3C"; Por ;,.,,roo Nv. Vol. and Do,u,,,r..
NAV y, ,s,',, go nonaro a. 70 nnntrai a;9r;tr
nl h"!.;n l W, H. 6rot o,,o "r1I 500
J t5n ~ aJ ,Is '',9 ,ti Ill tbo
t,. ,,,,,. af no nt;o = ,',,r,'nJ
n1j iSl,,,t not,iJ hy tbo" tyo n'iS Stt"5 rnd . NJ.
an" W UIr aro"St "1 t" ~ tbon, '"O
'i'I1Ie! WSn! tL ~ I"u VI o1 sIo, .lo
nI, ,no bish;n iu;S,;nn " 'neuS aIoptvu 'nI If
ah;eno",.n' h; "Do-.,S J; s.arc''' 'n' 49, VI.
oinotod % W. yort n,on,os t' 20 rnSos" n ""~ nh J
49, ", ~ thnt l.uosp H. H. o ho"
6s nnonJnont " wns nrnno"od thnr "i i
elected members who appeared at the pro-
per time and demanded to be admitted, hut
were rejected. We are not, therefore, to he
told that we have recognized this as a Cons,
tutional Congress.
But again: The President is a component
part of the Legislative Department, and the
Constitution declares that Every order,
resolution or vote to which the concurrence
of the Senate and uuue of Representatives
may be necessary (cxcept on question Of
| adjournment), shall be presented to the
President" Sc. Nothing can take effect or
be completed until so presented. And the
case is not altered because a two-thirlS vote
is required on amendments proposed; such
resolution is not a complete legislative act
until so presented. IN 40 other way, except
| through the President, can such resolution
be communicated to the States. Is the
proposed amendment was not submitted to
| the President, it does not amount to re-
commemndatiOn. Il is a nullity.
But let lis look, fora moment at the pro
visions Of the proposed amendment.
The first section declares that "all persons
BON or naturalizel in the United States,
and subject to tie jurisdiction thereof, are
citizens OF the United States and of the
State wherein they reside. " It then pro
ceedS to prohibit the States from making or
enforcing any law which shall ahlidge the
privileges or lmmunltles OF citizens. 1t
does not SAP what are prlvilcdgeS and i'm
muntleS:; that Is lett Tor the next Congress
to provide III virtue OF the last section,
which declares that Congress s ball have
power to enforce, BY appropriate |g,g.l$latim
the provisions OF tins article. We may
tnd Congress conterrrmgs privileges and
immun!t es On one class to the: exclusion
OF another class or we may INIT Congress