The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-10-18
The Constitutional Amendment.

| OnlCcu OtdIoS OSHdtOI oIcC1 uOiu Ihiooio-
sippi, addressed to Governor HUMPHREYS,
is worthy of attention. He is gentle
man of known judicial ability-having
spent his life at the bar and on the bench,
and number of years of it on the Su-
preme Bench of Mississippi-mingled
very little in politics-being an unfinch-
ing "Union man. during the war; and
at its close appointed Provisional Cover
nor of his State-he, if any man in the
South, is qualified to speak on the subject
he treats His exposition of the proposed
amendments, their want of validity, and
their ruinous invasion of the principles of
republican liberty, are all we'll put, and
should excite the serious consideration Of
all patriotic minds, both North and South.
DEAR SIR The public prints inform
me that our Legislature is to be convened
in extra session on the 18th of October.
The proposed amendment to the Consti-
tuition of the United States as 14th ar
ticle, may possibly be submitted to the
Legislature for it's adoption or rejection,
and as our State has had no opportunity
of being heard through her representa-
tives on this interesting subject, and as
the people of the State have right to
know the opinions of their representa-
tives on a question so vitality important,
I adopt this method, the only one left me,
of giving very briefly the outline of the
opinions which I entertain in regard to
this proposed amendment. No doubt the
good sense of the Legislature will guide
that body to a correct conclusion, but the
interest 1 feel for the welfare and dignity
of the State, demand that [ should not
remain silent when both are SO deeply in
volved.
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 Rep
resentatives consists of members chosen
"by the people of the several States" and
the Senate consists of ''two Senators from
each State" 1t is very clear that body
not 80 composed, or in other words where
a considerable number of the States are
excluded from representation in both
branches is not the Congress of the Uni
ted States. AS we'll might any body of
usurpers assemble and claim to be the
Congress of the United States. Each
State has right to know that all claim
ING to be members possess the constitu
tional requisites. Mississippi does not
and cannot know that the members who
recommend this amendment, were consti-
tutional members of Congress. Nearly
one.third of the States were excluded
from representation in both Houses by
majority of members who assumed to be
the Congress. If majority may thus
exclude States from representation, it is
easy to perceive that it may 60 on in the
work of declaring States disloyal, 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 con-
trolled by those two States, and ultimate
ly even by the largest 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 deman-
dcd to be admitted, but were rejected.
We are not therefore, to be told that we
have recognized this as constitutional
Congress.
But again The President is compo-
nent part of the Legislative Department,
and the Constitution declares that "Eve-
ry order, resolution or vote to which the
concurrence of Senate and House of Rep
resentatives may be necessary, (except
on question Of adjournment,) shall be
presented to the President" etc. Moth
ing can take effect, or be complete until
so presented. And the casei is not altered
because two-thirds vote is required on
amendments proposed; such resolution
is not complete legislative act until so
presented. In no other way, except
through the President, can such resolu-
lion be communicated to the States. AS
the proposed amendment was not sub
mitted to the President, it does not
amount to q recommendation. 1t is
nullity.
But let us look for moment at the
provisions of the proposed amendment
The first section declares that Call per-
sons 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" 7"
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
4Ia+ lIaGt f0a.