, 1866-12-01

all !ts complications is this s:-that shrec-
fourths Of tho loyal States, or the States
represented In Congress, are competent uot
only to ca7y on the government, but TO
chnngc the organic law Of the government
Why not :? The federal constitution pro-
vidcs that "the Congress, whenever two
thirds Of both houses shal1 deem It ncccs-
sary. shall propose amendments to this con-
stitution, or, on the application Of the legis-
latures 81 two-thErds Of the several States,
ments, which, In either case, shall be valid to
all tntents hn1 purposes as part of this consti-
tuition, when ratified By tie Legislatures of
thrcc-fourths ofthe serernl states or BY con-
yentions In pthree-tourihs thcrcnf, IS the one or
the other mode Of ofsaliacation may be proposed
BY the Congress" Nov, netting upon tue letter
OF the Constitution and upontthe theory that
the lately fnsusgeut States were restored to
their constitutional relations In the Govern
ment with their compulsory ratification OF
the amendment aboIishing slavery under the
Presidents experimental efforts at recon-
structlon, The Secretary Of State when suf.
lcient number Of Southern States had Joined
iii the ratiticatioD to make up three-fourths,
Or tWenty-seven. Of the whole number Of
tue States Of the Union, proclaimed said
amendment part and parcel Of the Constl.
tuition.
Thus from the Executive Department the
doctrine was officially promulgated that the
inEutEcnt States, in accepting the PresI-
d.nt'6 conditions Of reconstruction, were re.
stored to their voices in the Government.
the President himself In the outset TO several
Of his provincial Governors, all his proceed
fng6 In the way Of Southern recon-
stluction and restoration were ouly
provisional, and were subject to approval
tie Pesdent Gsa shed Ills Ia rronad sss ts iii.
this aforesaid proclamation from the State
Department but this did not change the
fact that unless accepted by Congress all his
proceedings aud prnclamatfons In this bnsf-
ness must 70 for nothing. That proelama-
tin,, nevertheless 10 far established the Idea
tla. three-fourths Of nll the States, inside
and outsldc, are necessary to effect rati1-
cation Of q constitutional amendment as to
lead to the endless embarraGsments md ltul-
tlticnt!ons in regard to the status Of the out
side States.
It wAs perhaps as much AZ Couercgs could
do at the last session to avoid committing
itself to tho ratification policy of the Execu.
tive /, but now the two houses hive the au.
thority from the people Of the loyal States
to take decisive groundsnga II. The law
stated. AS the outside States were disabled
bya regular rebellion, In which they cut
Themselves loose from the government
and combined In arms to overthrow il,
They cannot be rcinstnted except by Con.
gEess, and arc now really In tic condition
theIish to q voice ID the national councils,
which is possessed by Montana or Utah.
Yet again, as tue National Government, rs
now represented BY the constitutional quo
rum in both Houses Of Congress, is valid to
all intenss and purposes, the States TINS rep
Union. VIC repeat, arc competent TO change
thu organic law Of the Union itself. In q
word, the States represented in the Govern.
mcnt arc, in law, the United States. Other
Wise az our federal legislation Of the last five
Divcsted ofl,etty tecbnicalitles, quirks and
Gnbbles, i Is thus apparent that threc-
fourths of the States now represented In Con-
grcss nrc competent to make the pending
constitutional amendment part and parcel
Of the Constitution, the supreme law alike to
1he ou,siEe and the inside States and Terri
tcrics. This Is the conclusion Which, VIC
understand, will be acted upon by Congress.
Wien thrtc-fOurths, or twenty.one. of
the twcnty-six States now represented
in Congress shnll havc ratified the
amendment, the Secretary Of State will DC
required, by an net Of Congress. If fnccessary,
10 proclaim the ratification complete. Then,
while the Estitcation may he held as the con-
slltton Of Southern restoration, the amend
nlcnt consulnmatel Will still be binding
| Hl1n them as the supreme law Of the land,
and Congress may enforce It from Virginia to
Texas by appropriate legislation" US iu the
This is the solution which awaits the cs-
| cluded States. II Is enlntion perfectly con-
| slstcnt with the rights and powers assumed
BY the loyul States in supprrssing the rebel
liun Of the lntc so-callcd Confederate States,
md with all The legislation Of Congress
since the first lsinbardfncnt OF Fort
| Sumter. The only que,tion there
fore remaining to the excluded
States is whether they will make virtue Of
necessity and conc forward to the ratifica-
Il, IN ri NJ
t!ul contest Of 1853, or remain outside TO be
subjected to the terms of the amendment
by the action Of the loyal S,atcs and of
Congress.