The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1866-09-28

WASHINGTON CITT,f
September 18th, 1866. !

DEAR SIR The public prints in
form me that Que Legislature is to be
convened in extra session on the 10th
of October. The proposed amend
ment to the Constitution of the United
States as a 14th article, may possibly
be submitted to the Legislature for Its
adoption or rejection, and as our State
has had no opportunity of being heard
through her representatives on this
interesting subject, and as the people
of the State have right to know the
opinions of their representatives on
question SO vitality important, | adopt
this method, the only one left me, OF
giving very briefly the outline OF the
opinions which / entertain in regard
to this proposed amendment No
doubt the good sense of the Legislature
will guide that body to a correct con
clusion, but the interest | feel for the
welfare and the dignity of the State,
demand that / should not remain 81
lent 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
4
sists of two Senators from each State
1t is very clear that a body not so
composed, or in other words where
considerable number of the States arc
excluded from representation 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 ofthe United States.
Each State has a 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
bers of Congress. Nearly one third
of the States were excluded from rep
resentation in both houses by major
ity of members who assumed to be the
Congress. If a majority may thus
exclude States from representation, it
is easy to perceive that it may go on in
the work of declaring States disloyal
and in the exclusion of minorities, I'M
til Congress shall be made to consist
| only of members from few of the
| larger States, with all others excluded.
For instance, New York and Pennsyl-
vania may SO manage as to control a
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 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 Congress which recommended
that amendment. But when this
amendment was proposed, they had
elected members who appeared at the
proper time and demanded to be adj
mitted, but were rejected. We are not
| therefore to be told that we have
recognized this as constitutional
Congress.
But again: The President is q com
ponent part of the Legislative Depart
ment, and the Constitution declares
that Every order, resolution or vote
to which the concurrence of the Sen
ate and House of Representative may
be necessary, Except on u question of
adjournment shall be presented to
the President, DC. Nothing can take
effect, or be complete until so pre-
scented. And the case is not altered
because a two thirds vote is required
on amendments proposed; such reso-
luton is not a 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 nullity.
But let US look, for moment, at
the provisions of the proposed amend
| ment
The first section declares that "All
persons born or naturalized in the
| United States, and subject to the iuris-
| diction thereof, are citizens of the
| United States, and of the State where
in they reside" 1t then proceeds to
prohibit the States from making or en-
/ forcing any law (which shall abridge
| the privileges or immunities of citi-
zens." 1t does not say what are priv
/ reyes lIldl 10 ItlJ IOF
the next Congress to provide in vir-
tue of the last section, which declares
''that Congress shall have power to en-
force, by appropriate legislation, the
provisions of this article" We may
find Congress comforting privileges
and immunities' on one class to the
exclusion of another class; or we
may find Congress assuming absolute
control over all the people of State
and their domestic concerns, and this
virtually abolishes the State. Perhaps
any State that has so little selfrespect
as to adopt the amendment, deserves
no better fate.
The second section, if my construc-
ton of it be right, would probably ex-