The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-05-24


opinion held by the individual. Let us see to
it that the votes are not too many, and let us
take our chance of the rest.
The Plan of the Committee of Fifteen.
Both Houses Of Congress are firmly of the
opinion that the present governments in the
rebel States are illegal. So we understand it.
We infer it from the fact that they have not
proceeded to refer the credentials of claimants
to seats to the several committees on elections
in each House, as usual in such cases. If
the present State governments were regarded
as legal, there would have been no reason why
the credentials of such claimant should not
have been referred to the Committee ON
Elections in each House in the usual way
In such case the committee would have pro-
ceeded to examine into the facts, and if any
claimant could show that he was elected in
conformity with the laws of his State, that he
had the qualifications required by the Consti-
tuition, and that he was loyal, he would have
been admitted. BY proceeding in different
manner, both branches have declared that
they do not regard the present State govern
ments in the rebel States as legal They re-
gard those States as still without any legal or
ganization. In our opinion their first bust
ness should be to reorganize those States in
such manner as to give them republican gov
ernments, that should be loyal and true to the
nation. The committee of fifteen does not
propose to do this; but on certain conditions
to legalize the present State governments
We object to this, because in all those States
except Tennessee, the present State govern
ments consist almost entirely of traitors. To
legalize them would be to give them the pow
or of selfperpetuation. This would be to
place the Union men of those States forever
under the feet of those traitors. This would
be unsafe for the nation. The committee of
fifteen has reported an amendment to the
Constitution in five sections, to be recon-
mended to the legislatures of the several
States for ratification. They have also re-
ported two bills for enactment, the one enti-
tied "a Bill to Provide for the Restoration of
the States lately in Rebellion to their Full
Political Rights" the other, ga Bill declaring
certain persons ineligible to Office under the
government of the United States" The COM
mittee does not propose to reorganize the reb-
ell States; but on certain conditions to restore
them to their full political rights without re-
organization. This we do not regard as safe
for the nation, nor just to the Union men in
those States.
In the bill for thes restoration of those
States, having in the preamble recited that
Congress did by joint resolution propose to
the Legislatures of the several States, as an
amendment to the Constitution of the United
States, the aboye-named article, the COM
mittee proposes for the first section to enact
as follows:
Be it enacted, &C., That whenever the above
recited amendment shall have become part of
the Constitution, and any State lately in insur-
rection shall have ratified the same, and shall
have modified its constitution and laws in con-
tormity Herewith, the Senators and Represent
tatives from such State, if found duly elected
and qualified, may, after having taken the re-
quired oaths of office, be admitted into Con-
gress
This proposition involves kind of absurdi-
ty. The present Legislatures in those States
being illegal, there is no propriety in submit
ting said amendment to those illegal Legisla
lures for ratification, True, the enactment
does not say, that said. illegal Legislatures
shall be called on to ratify said amendment
But the joint resolution proposes said amend
ment to the Legislatures of the several States
Tor ratification. As the rebel states have no
legal Legislatures, and being completely dis
organized by the rebellion cannot have any
legal Legislatures without the aid of Congress,
and as the committee does not propose that
Congress shall previously reorganize said
states with legal Legislatures the inference is
irresistible, that the Act would require said
amendment to be laid before. said illegal Leg
islatures for ratification. Those states as at
present organized could not ratify the amend
ment In any other manner. 1t results, there
fore, that the act, if adopted, will require this
amendment to be laid before the illegal Legis-
latures of the rebel states for ratification
Such ratification would give no force to the
amendment If said Legislatures are legal
for the purpose of ratifying constitutional
amendment, they are legal for the enactment
of statutes and the election of Senators. We
object to this course of calling in the illegal
Legislatures of the rebel states to ratify con-
stitutional amendment. 1t is to pursue the
illegal course of President johnson, who has
seemed disposed to make his bed with traitors
ever since May, 1865.
Amendments to the Constitution, wheney-
er proposed by two-thirds of both Houses of
Congress, and ratified by the Legislatures of
three-fourths of the states, or by conventions
in three-fourths thereof, as the one or the
other mode of ratification shall be proposed
by the Congress, shall be valid to all intents
and purposes as a part of the Constitution
Con. U. S., Art. V. This can only require
ratification by the Legislatures of three
fourths ofthe states that have Legislatures
If several of the states become disorganized
by rebellion and war, and have no legal Legis-
latures, proposed amendment cannot be
submitted to any illegal body in such State
1t Is sufficient, that the amendment is rati-
fed by three-fourths of the Legislatures in ex-
istence, which are authorized to act on it.
Otherwise, lift should happen that the gov
ernments in eleven states out of thirty-six,
should be engaged in rebellion, disorganized
by war and without any legal Legislatures,
the constitution could not be amended, al
though it might be necessary to amend it as
' ,i only condition of preserving the nations
me, such construction is narrow, illiberal,
wnohy unreasonable and by every rule of
,an e'a'oh should be rejected. When the
18th amendment was adopted by fine two
' =, congress, we were in the midst of
war Oniy twenty-five of the states had le-
gal LEGISLATURES before which it was necessa
ry to lay said amendment. Of these n;neteen
made constitutional majority. On the soth
day of June 1865. the Legislature 80 No'n
N-o VI NEW