, 1866-09-14
TIE 1AST1-sLAYEIRY AuEyD.
MENT~

The Philadelphia johnson Convention In
lis declaration of principles and in lis address
TO the people, assumed that any amendment
10 the Federal Constitution proposed hy
. Congress in which six or ten States were
not represented, would be invalid. This
same idea has Leen repeatedly elaborated br
President johnson. If the representation Of
all the States be necessary 10 give validity TO
the action Of Congress in proposing amend
1ntnts 10 tho Constitution, then it
Is competent when such an amend
mcnt Is proposed in Congress,
for the Representatives Of one or half
dozen States ly withdrawing, to tic the
luEds Of Congress, and prevent any amend
mrnt Of the Constitution. The Constitution
requires an affirmative vote Of twe-th1rds Of
the members Of carl Hulsc Of Congress to
propose IN amendment. If that two-thirds
yoic bc not obtained 1t is not Of the slightest
legal Importance whether the other third be
present or vote at all. Had the Constitution
required that the Representatives OF all the
Staics should be present. it would huvc so
stated. In one Instance i: does require that
there shall be Representatives from two
thirds Of NIL the States present to collsti-
tutc Q quorum for n particular and
specified duty, but beyond that, there Is no
Constitutional or other legal restraint upon
tw0.thirls ofthe Melnbers Of both Houses of
Congress proposing amendments to the Com
stitutiun. II is made part Of their duty to
do SO. Had the amendment proposed by the
last Congress not received the vote of two-
thirds Of all the qualified members of each
Hpusc, there would be some force iii IN OBJ
jcction TO the validity Of that action; there
fore the allegation Of the President aud o1
lis Convention amounts to nothing more than
TIC advancement of false principle, and one
Of the most usisclicvous character, The
Constitutional Amendment aholislIng slar-
cry, was proposed hr-, Congress in which ten
or more States were not represented. That
amendment has been declared ratified and d
part Of The Constitution l,y the President,
and t,y every department Of the Government
Al the time When II Was receiving its lual
vatc in Congress, il was denounced hv Mr..
Ge"rSc II. Fendlcfon. Of Ohio, us vold and
Of TO cilctt. lie denied IFS validity upon the
ground TINT there was no power 10 ''amcud''
tie Constitution Ivy destroying slavery In
.otllcr words. that destroying. slavery WIS no
s,nrNement's to the Constitution, but q
de>i',ctf"n Of what under thu Constitution
was Il vested and tudrstructib1c right. Tic
Philadelphia Convention md the President
have Improved upon this. Tltry declare tina,
the power I" amend reiIuiFcs the consent O.
the Representatives OT u1l the States The,
ct,,a dc that the affirmative yotea Of two
thirds nf the members arc sufficient, pro
sid.a all the members lie present; hut iii.
inNt'iTrs tl,"t..i Ercatcr CONCESSION lint t(t
Representatives Of one ar lnurp States. b,
viii drawing, Gun defeat thc cn,,stituttonalIt,
ii thu action cvcn Of flve-sixtlls o. tue wl,ul,
p'l'm'"r "f members IN Congress
Ne no not IsroIase to enter Into an urgu
Ment ni"n thfs Proposition, t,ut etn,ply DC
site |" point nut the nyidily with whtri, III,
Fch"Is seize ui'ou nus cunccsslua OF lirlncllic
"r Of law TINT ,!lcrs them the slightest prc
text for Justifying their rebellion, or for ,
return OF their deeply launentvd jcwcl
81. very.
One of The kentucky districts Inns bee,
rcrEescn1c'l In Congress hr tho Hon. Gree,
t1ay Smith, Union man. He has Resigned
his seat, and special election to MI tn
vacancy Inns been ordered. Ono A. II. War,
has been nominated as the Democratic cau
didatc md will probably be elected. Th
attachment Of slave owners 10 that nee,
liar description Of property oycrridcs nj, othc
considerations and Mr. Nnrl odr,,,,,, =.
t,rr,scs himself IA That ,n,rro., ] +, ~
endorses Tho nat,;ot,c nna fr,,tcrn,, .,,,s,
IF Itc frcs1ac,t,s Th,ioa o,.,,,, r
t.onxcnt;un which concc1cs that nnr a,,c,,.
mrut 10 lin Constitution nronoscd hv a co,
,.1css n which a nuu,,mr nf ibe s,ntcs h,
nu REPRESENTATIVES. Is invalid an,, not hin.
inr. md cannot Justly bc claimed under on
system Of ratification as mart Of The Const
fulton. lie endorses This most cordial,
md pushes tl1ui doc,r,uc IN ia 1orIcaI "a,
.,v.I.vNt1,nt 49,. s,,.sts,.s 80 IT.. w :,
lard II. lar, I,cc, aSaS,a., '.,',a.s .s., :,
or1r,n tn 1,on~r,.ss IN ,s,,;., t -,,n,.a, .a
s,s;.s hal m prurcsep, ,,,,a. ~. n"m"st aa..t,