Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-10-03
WEDNESDAY. OCTOBER 3, 1896.
The Proposed Constitutional
Amendment.
LETTER FROM GOV. sHARKEY.
Eran the Jaea..on. -. cIArlan.l ]

18th article, may possibly be submitted L
the Legislature for its adoption or rejection
and as our State has had no opportunity o
being heard through her representatives OF
this interesting subject, and as the people 0
the State have a right 10 know the opinion
OF their representatives on a question so vi
tally important, / adopt this method, th.
only one left me, Cf giving very briefly th,
outline Of the opinions which | entertain in
regard 10 this proposed amendment Nc
doubt the good sense Of the Legislature viii
guide that body 10 correct conclusion. bui
the Interest ] feel for the welfare and dig
nifty Of the State, demand that / should moi
remain silent when both are 80 deeply in
volyed
Ia The first place, ! do not believe the
amendment was recommended by twO-third.
OF the Congress Of the United States. The
constitutional House Of Representatives con-
sists 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 so composed. or
in other words where a considerable num-
Der Of the States are excluded from repre-
eentation in both branches, il not the Con-
gress Of the United States. As well might
any body OF Hsurpers assemble and claim TO
be the Congress Of the United States. Each
State has a right 10 know that all claiming
to be members possess the constitutional re-
quisites. Mississippi does not and cannot
know that the members who recommended
this amendment, were constitutional mem.
bers Of Congress. Nearly oue-third of the
States were excluded from representation in
both Houses by a majority Of members who
assumed 20 be the Congress. If a majority
may thus excinde States from representation,
IL is easy to perceive that il may 20 on in
the work Of declaring States disloyal, and
in the exclusion Of minorities, until Con-
grcss shall be made 10 consist only Of men,
bers from a few OF the larger States. with
al others excluded For instance, New
York and Pennsylvania may so manage as
10 control majority, and begin by exclud-
ing first one small State and thea 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 10 the Congress
which recommended that amendment. But
when his amendment was proposed, they
had elected members who appeared at the
proper time and demanded to be admitted.
bet were rejected. We are not, therefore, to
be told that we have recogr lied this az a
constitutional Congress.
But again: The President is a component
part Of the Legislative Department, and the
Constitution declares that Every order, res
olution or vote to which The concurrence of
Senate and House Of Representative may
be necessary, (except on question Of ad-
iournment) shall be presented to the Presi-
dent" etc. Nothing can take effect, or be
complete until 80 presented. And the case is
not altered because q twothirds vote is re-
quired 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
he communicated to the States. As the pro-
posed amendment was not submitted 10 the
President, Il does not amount to recon-
mendation It'll nulliiy.
But let us look for a moment at the pro-
visions Of the proposed amendment
The FIRST section declares that "All persons
born or naiunlized in the United States,
and subject 70 the jurisdiction thereof are
citizens Of the United States, and of the
State wherein they reside" II then pro-
enforcing any law (which shall abridge the
privileges or immunities Of citizens" Il
does not say what are privileges or immuni-
ties; that is lefl for the next CO .gress 70 pro-
vide in virtue of the last section which de-
cares shat Congress shall have power to
enforcc, by appropriate legislation, the pro-
visions of this article" We may find Con-
lsress conierring privileges or immunities"
ola IN fNn walfr .f
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 construction Of
il be right, would probably exclude one
State from representation in Congress, rs
suppose the number of male negroes over
twenty-one to be nearly equal to the number
Of white males. tits therefore a mere effort
20 force negro suffrage upon us, whether we
are willing or not. Either do this or you
shall have no representation. 1t is pre-
sumed that car intelligent people would not
hesitate long in making their choice.
The third section provides that no person
shall hold any office who may have hereto
fore have taken an oath 10 support the Con-
stitulion Of the United States, and who af-
forwards engaged in the rebellion, or who
gave aid and comfort 10 those who did en-
gage in il. This is sweeping act Of dis
franchisement, which would embrace, per
haps, majority OF our citizens; for there
are probably few who have not in some way
or other, taken an oath 10 support the Con-
siitntion.
Even those who opposed secession, and
engaged in the war only under compulsion,
would he embraced by this provision, as well
as the man who had given 10 a hungry sol
der a meals yictuals or a piece Of bread
and also those who, in charity, had given an
article Of clothing 20 a Suffering friend or
relative in the army. Such n provision
would be so contrary 10 the theory Of our
Government, and 80 oppressive towards n
very large class of the population Of the
Southern States. that il cannot be supposed
that those who proposed it could have enter
taincd a hope that il would be accepted.
Thoy ought TO have known, too, that such a
provision was calculated 10 ondanger the ex-
istence Of thc Government as revolutions
may always be expected, sooner or later,
from acts which disfranchise the enfran-
chised class II the people cannot exclude
unworthy or undeeerving men from Office by
the iusirtmentaiity of the ballot-box, then
they are unfit for selfgovemment and the
sooner they abandon the experiment the
hotter.
need say nothing OF the fourth section,
but the 9Th isthe Trojan horse ahoundmg
iu mischief Il provides that Congress
shall have power to enforce by appropriate
legislation, the provisions of this article
which may be construed 20 authorize Con-
eress 20 do whatever il may dgire TO dc.
Under this same provision, att 5ehed 70 the
emancipation amendment ~ have the
Civil Rights bin and tho feedmen's Bu-
rcau bill. Il was CONSTRUCT in the Senate
lust as ] admenishcd manymembers of the
Legislature il would be- authorize those
odious measures. We Saould profit by the
experieuce il has furnished Us.
/ might have greatly extended my argu-
ment IN support of the many objections TO
this amendment hut have deemed il suf-
ficicnt very briefly to express my own opin-
ions. and 10 leave the subject for the reiloc-
ton Of all who may feel aa interest in it,
Twill only add that should this amendment
become part Of the Constitution, we shall
have a very different Government from
that which We inherited from our ancestors
Very respectfully,
Your obodient servant,
w. l.. SHARKEY.
RDIcKIsN hxEnFiFnD.-On the noon