The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-17
q & o r GiA.
Report of the Joint Committee of the Georgia
Legislature On the Constitutional Amend

y
Legislature On the Constitutional Amend-
ments.
Your committee have serions doubts 10 the propr
S Ss ns T5y n % ns IN
without the authority OF the constitution, and II has
Cured TO that as the dignity and rights Of Georgia
might be compromised by consideration OF the merits
OF the proposed amendments, that tho proper
would be to lay them upon the table or indefinitely poet
pone their consideration without word OF debate We
shall depart from this course only 80 far as to give the
which, To MINDS forbid discussion upon the
merits Of the proposed amendments.
The argument resolves itself into few simple pY0po.
stioDs First rieorsla is not state composing part
Of tho federal government known a. the government Of
the United Sn'ss amendments 10 the constitution OF
the United States not properly before this body
second II Georgia Is State, composing part OF the
federal government known tho government OF tho
Uned States then these amendments no, proposed
according to tho requirements or the federal copsii
this House from acting discussing the merits Of the
amendments
In discussing these propositions will epdeavor 10
establish FIRST that Georgia is State OF the United
states ccequa with all tho other States Of tho Federal
Union, and therefore, entitled TO all the rights and priv
Ieges Of any and every other state under tho federal
constitution; second that these amendment. have not
been proposed In either Of the methods required by tho
NTH article OF tho constitution
We do not propose 10 discuss Whether any political
organization except state OF the Union, can constu
tionay consider amendments TO the constitution, he
cause by the nh article proposed amendments become
part OF the constitution OF the Tinted States when rat
fed by the Legislatures of threefourhs OF tho several
States or by conventions Ia three fourhs or the States
rs tho one or The other mode OF ratification may be pro-
posed by the Congress- With this citation wc shall dis
miss what seems TO us 10 be sell evident proposition
II might with propresy be said that the Affirmative OF
ss,cs, might rest npna sci Ina, the constitutional
iaturs OF Georgia for ratification rejection. but in
view Of tho fac, that shs radical party, now domi.
e., ns' % . Ss' ss.s Whenever .aeS re
cognition II necessary % surrender OF rights.
and denies ths proposition Whenever The rscosnon s
esseutisl 10 their maintenance 10 may not be ont Of
place 10 recur history OF the federal government
In order define The relation Of Georgia TO ths several
states OF the American Union Neghboring States
fanly havc inherent risht 10 control the po nj
dillon Of each other. This be ing the case, thirteen
states formerly colonies Of Great Britain formed pc.
Ideal alliance and established government called the
Untel States OF America Georgia one Of the orgi
nal thirteen. Certain political powers were delegated 20
served 10 the states respectively The delegated powers
expressed in written instrument called The con
Of ihs general government 70 iesisa.s in any
way upon the interest Of the several States composing
ths Union IL derived from that inssrumess, either
by express grant by necessary implication Georgia
clearly State when the Union was formed FOG she
one OF the original States by whom the government
STATES has never ceased 10 occupy that relation 70 ns
States unless by the constitution. either expressly
TO sscsde or vesed IN the Legislature or somo other de-
psrlmtnt Of the the hight 10 sect her Did
Georgia havc the right 10 seofdef Georgia supposed
purposes Of tn creation that she lad right 10 sscede
and dd 10 fact endsavor to Withdraw from the federal
remaining o. non seeding States declared the Union 10
be perpetual and indviAhs but failing under the Con-
,e.os% 10 % ss sh which NE sr
powers defined, wherein thu power 70 given 10 Con
gess 10 suppress nsurecson and On the 2eh Of july
suppression Of rebellion against and resistance the
laws Of The Uaned stsss and 10 amend at passed
wnSsi III isd similar scis IL. military power Of n.
United States va, called forth. dssgnodiy not against
n. states eS, 70 scRp's.. nrrsson ny The people
formy refused IN recognize the acts Of secession state
acts, but treated them the acs Of insurgsnis rcbeng
political aspect Of the case declared by
Congress (which the only department that could de-
rscospIred the practical hight Of secession.
The should have necessarly been declared against
the Confederate government a. foreign power and tho
relations which the siatcs composing the Confederate
government would have borne 70 the United States
remaining States when conquered would have been en-
tireiy dependent upon such terms 81 should BE- en-
bodied the treaty OF peace which might b. made be-
tween the contrnding Powcrs
Instead u reccsn zns secession and declaring war,
Congesa Of the United States passed tho referred
for suppressng Instructions, Whenever In The judg.
msnt q the President. tho Laws u the United States
could no, he enforced by the ordinary o. judo
proceedings
How long did the power ~ the President continue %
eylpl0y the militia Of the several Ssfes and the land
and naval forces Of the United ststesf 70 long a.
the cause which called = into existence continued
no longer Whist that cause, This act and
ali acts parsed by Congress the subject declares
that u was 70 suppress instruction when n should be
Formidable that The laws 81 the Inited mates could
not enforced by ordinary ndca course and this
len 10 ihc Judgment of the President whose duty
n 10 that The laws Of the United states execuied
The President by PROCLAMATION has declared the rebel
lion suppressed that pess regns thfougho the United
states and that the laws 10 enforced By ordinary
judicial course In other words that insurrec on
did exist the part Of portion ~ the people Of the
eral states Of the Union that that has
been suppressed and the whole people Of these States
lss portion OF them always have bsenl ready
10 yield obedience 10 the laws OF the United stass
No treaty followed The suppression ~ The lnfnryecson
be- government does not treat with indisldua
And the government Of the United states thrpush0nt the
whols Of this contest hes refused 10 trsst contest
with States; and again. becauss the p~orls hitherto
charged being IN in~ureton eszsss u stssss
already bound xsther by eompsct ks0wn - the een.
stufion of the United States which has never bs~p alb
rossssd ovevshsovn and has iost q as vitality
BY unsuccessful atempt To overthrow a. ssd watch 70
therefore the supreme lag ~ 9sors ~ virtue u
powers the Congress ~ the United States stins upon
the theory Of the Bdv sbiy of the Union treated the
State State In the Union, and under the 6fth on
hrst article Of the coBktiiutlOn, declares -
Representatives ard drec, shall 10 spporsgousA
several STATES which bsin this unl5n
ns respective members df On The August lsel
enac, that direct isa Of t4oDOU b~ aD1 Eessty ~.
nusy laid upon he United states and ~. shall
apycroned % the states respectively folsws
ssais aud Territory the unsd ksi~s ana sr tbs iNh
Untsd sttes" ~. dsrfeis ~ essk CssoIfas eorra
Asbsna, klsssspP ssd Yeris vas ssasutsisd Ara
there ere several s,bw se,s pssss< sssiss Ne rvss,