The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-11-24
COLUMBIA.
Saturday Morning, Nov. "a, 1865.
Reconstruction.

Our attention has been called to the
fifth article of the Constitution Of the
United States, which declares that
'the Congress, whenever twothirds
of both houses shall deem it neces-
sary, shall propose amendments to
this Constitution, or on he dpplica-
ton Of the Legislatures Of t'ro-thircls Of
the sererd States, shall call q contention
for proposing amendments.
The Picnic, nearly six months
ago, and while the propositions now
pending before the States were pend
ing before Congress, took the posi-
ton that the conflict between the
President and Congress, as to the pro-
priety of the latter department of the
Government proposing amendments
to the Constitution, while Il portion
of the States were unrepresented in
Congress, and the feeling which such
n course on the part of Congress
would inevitably arouse, made it ex-
reaient to leave the proposed amend
I0ents to the actions of State Legisla-
lures, to calling a general convention
of all the States.
Every days observation since that
time has tended to confirm the wis
dom of this view, and we are pleased
to see that prominent men and jour
mails in various sections of the coun-
tlJ agree to the proposition. From
the Nashville Unian and american,
we have got some good hints in rela-
ton to this matter. It is now obvious
that three-fourths Of the States do
not intend to ratify the Congressional
scheme of amendment. Apart from
intrinsic objections to it, they con-
ceive, and in this the President con-
ours, that tie Constitution confers no
power on any legislative body ,1ess
than Congress composed of repre-
sentatives from all the States, to pro-
pose amendments under the article
above quoted-in other words, that
the people called to ratify should
have voice in considering the ne
cessity Of proposition to amend
that all the States are entitled to as
much participation ii the preliminary
work of forming amendments as they
are in voice in their ratification or
rejection.
No mind devoid of prejudice, and
disposed to preserve the form pre-
sented for this important step, can
refuse to admit the justice of this po-
sition. The thirty-ninth Congress
ought not to have assumed the pre-
rogative in the first sentence of the
fifth article, and it would act wisely,
and in the interest of an early and
satisfactory adjustment Of outstand-
ing questions, if it should promptly
withdraw its amendment at its
meeting in December If, then, two
thirds of the Legislatures of the
States should make the call for a Con-
stitutional Convention, and &C 1gress
would, in q spirit Of fairness, provide
for its assembling, We have little
doubt that every question vital to the
restoration of the Union would be so
considered and delivered by such a
body rs to command the unanimous
approval of al the States. 1t was
unquestionably an error, fatal to the
early settlement of the details Of
questions decided by the civil war, in
Congress, representing q portion of
the nation only, to attempt to dictate
the organic law. Repealable statutes
and fundamental laws are different
things, and the wise men who made
the latter comprehended the distinc-
ton, and clearly set forth the truth
IN the fifth article, whose every SEN
tence and word contemplates that the
work of amendment to the Constitu-
ton should be in its inception, pro-
gress and consummation, the act of
all the people, either in their primary
capacity, or through accredited renre.