The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-10-31
THE PROPOSED CONSTITUTIONAL A.
MENDMENT.

MENDNENT.
LETTER PROM GOV. sHARKEr.
Washington. City Sept .l7h, 1865.
HE Exceieney B. C. Humphreys,
Governor Of Mississippi:
Dear Sir the public prints inform me
that our Legislature is to be convened in
extra session the 18th Of October. The
proposed amendment to the Constitution of
the United States as a l4,h 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 inte-
resting subject, and as the people Of the
State have right TO know the opinion Of
their representatives on question 50 vital
iy important, adopt this method, the only
one LEI. me, Of giving very briefly the out
line. of the opinions which | entertain in re
gard 10 this proposed amendment. No
doubt the good sense OF the Legislature will
guide tha. body 10 correct conclusion. but
the interest feel Tor the welfare and the
dignity of The State demand that should
not remain silent when both are so deeply
in,olsed.
In the first place, | do not believe the
amendment twssfeeomme nded by two. thirds
ef the Congress uf the United States. The
constitutional House Of Representatives
consists Of members chosen "by the people
OF the several States" and the Senate con-
sist. of 1.-TWO Senator's from each State"
II il very clear that body not 50 compos-
ed, or IN other words. where considera.
bic number Of the States are excluded from
representation in both branches, u not the
Congress Of the United States. As well
might any body Of usurpers assemble and
claim to be the Congress OF the United
States. Each State has q right 10 know that
ell claiming 20 be members. possess the
constitutional requisites. Mississippi does
not and cannot know lhatthe members who
recommend this amendment we're constitu.
tional members Of Congress. Nearly one
third of the States were excluded from rep.
resentation in both Houses by a mnjnriiy
ol members who assumed 10 be the Con
gress. If majority may thus exclude
states from representation. u is easy 10 per.
eei,e thar IL NAV 90 on IN the work OF de
,larlng States iislo,al and in the exclusion
nt minnrities. until Congress shall be made
90 consist onl, of me embers IRON a few oI
the larger States, with all others excluded.
For instance. New York aud Pennsy lyania
may so msnage ss tn control majority,
and begin by excluding first one small State
and then another and 80 on. until all the
legislative power of the nation is u.urped
aud contr.llej By those two Ststes. and
ultimately even by The largest of them.
When the Southern States adopted the
amendment abollshing slavery. the state ol
things was very different; they had not
elected or sent memhers 10 the Congress
which recommended that amendment. But
when this amendment was proposed, they
had elected members who appeared a, the
proper time and demanded to be admitted
but were rejected. We are not. therefore, IL
be told that We have recognized this as
Constitutional Congress.
Bur agaln: The President i component
part 81 the Legislative Department, and the
Constitution declares that :, Every order
resolution or vote 10 which tie concurrence
OF the Senate and House Of Representatives
may be necessary. except ON question d
adjournment.l shall be presented 10 IN,
President" SC. Nothing esn take effect,
or be complete until 50 presented. And ii,
case is not altered bccause a :wo third,
vote il required on amendments proposed
such resolution is not a complete legisla.
tive act until 80 presented In no othel
wy. except through the President. car
,nch resolution be communicated 10 the
States. As the proposed amendment was
not submitted to the President, IL does pol
amount 70 q Recommendation. Itisa nul.
lily.
But let Us look. for momshl, at the pro
visions OF the amendment.
The 6rst section declares that /" All per,
sons born or asturslized 10 the United
States. and subjectto the Jurisdiction there,