Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1866-10-02
PROPOSED CONSTITUTIONAL
AMENDMENT.
Letter from Governor sharkey.

1,l
September 18th. 1866 !
HIS Erce!tency, ~. q. Humphreys, Gorernor
Of Mississippi:
DEAR SIR: The public prints inform
me that our Legislature is to be con-
vened in extra session on the 18th of Oc-
tober. The proposed amendment to the
Constitution of the United States, as a
l4th article, may possibly be submitted
to the Legislature for its adoption or re-
lection, and as our State has had no
opportunity of being heard through her
representatives on this interesting sub
ject, and as the people of the State have
right to know the opinions of their
representatives on question so vitality
important, l adopt this method, the only
one left me, Of giving very briefly the
outline of the opinions / entertain in re-
gard to this proposed amendment No
doubt the good sense of the Legislature
will guide that body to correct conclu-
sion, but the interest / feel for the welfare
and the dignity of the State, demand
that | should not remain silent when
both are so deeply involved.
In the first place, do not believe the
amendment was recommended by two
thirds of the Congress of the United
States. The constitutional House of
Representatives consists Of members
chosen by the people Of the several
States" and the Senate consists of 1.-TWO
Senators from each State" 1t is very
clear that body not so composed, or in
other words, where considerable num-
Der of the States are excluded from rep
resentation in both branches, is not the
Congress of the United States. AS well
might any body Of usurpers 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 cannot know
that the members who recommended
this amendment were constitutional
members of Congress. Nearly one
third of the States were excluded from
representation in both houses by ma
jority of members who assumed to be
the Congress. If majority may thus
exclude States from representation, it
is easy to perceive that it may go on in
the work of declaring States dis,oyal and
in the exclusion of minorities, until
Congress shall be made to consist only
of members from few of the larger
States, with all others excluded. For
instance, New York and Pennsylvania
may so manage as to control majority,
and begin by excluding first one small
State and then another, and so on, until
all the legislative power Of the nation is
usurped and controlled by those two
States, and ultimately even by the larg-
est of them.
When the Southern States adopted the
amendment abolishing slavery, the state
of things was very different; they had
not elected or sent members to the Con-
gress which recommended that amend
ment. But when this amendment was
proposed, they had elected members who
appeared at the proper time and de-
manded to be admitted, but we're re-
jected. We are not, therefore, to be told
that we have recognized this as a con-
stitutional Congress.
But again The President is a COM
pouent part of the Legislative Depart
ment, and the Constitution declares tLat
every order, resolution or vote to which
the concurrence of the Senate and House
of Representatives may be necessary
Except on question Of adjournment),
shall be presented to the President, etc
Nothing can take effect, or be complete,
until so presented. And the case is not
altered because a two-thirds vote is re-
quired on amendments proposed; such
resolution is not complete legislative
act until so presented. In no other way,
except through the President, can such
resolution be communicated to- the
States As the proposed amendment
was not submitted to the President, it
does not amount to a recommendation.
1t is a nullity.
But let US look, for a m moment, at the
provisions Of the proposed amendment
The first section declares that all
persons born or naturalized in the United
States, and subject to the jurisdiction
thereof, are citizens of the United States,
and of the State wherein they reside.
1t then proceeds to prohibit the States
from making or enforcing any law
which shall abridge the privileges or
immunities of citizens" 1t does not say
what are privileges and immunities; that
is left for the next Congress TO provide
in virtue of the last section, which de
clares that Congress shall have power
to enforce, by appropriate legislation,
the provisions Of this article" We may
find Congress conferring privileges and
immunities on one class to the exclu-
sion of another class; or we may find
Congress assuming absolute control over
Al e ID eharv u