The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-11-22

nor any state, shall assume to pay any debt
or obligation incurred in aid of insurrection
| or rebellion az inst the United States. or
any claim for the loss emancipation of
any slave; but all such debts, obligations,
and claims, shall be held illegal and void"
9Th. That 1.-The congress all have power
to enforce. by appropriate legislation, the
provisions of this article"
The constitution provides that "the house
| of representatives shall he composed of men,
bers chosen every secnDd year, by the peo-
pie of the several States" and that "the Sc
nate of the United States shall he composed
| of two senators from each state"
This proposition is not made to us by a
congress so composed; this state, with ele-
ven Others, being denied representation in
the body which proposed thus to amend
the fundamental law.
1t was the clear intention of the constitu-
ton that every state should have right to
representation in congress proposing al
'erations in original articles of compact; and
on this account alone, no state, pretending
| to have rights under the constitution, can,
with proper scrupulousness or dignity, rati-
fly an amendment thus proposed.
| 1t is remarkable that this proposed
amendment contemplates, under one 0rticLe.
to change the constitution in eight particu-
lars-some Of them altogether incongruous
to be ratified as a aohole, or rejected as II
| aoItoIe. We are not allowed to ratify such
| of them as we approve, aud reject such such
of them as we disapprOvc. This is the first
attempt to introduce the vice of omnibus
| legislation into the grave matter of chang
| ing the fundamental law.
| In 179G Congress proposed to the states
pursuant to the fish article of the original
constitution, twelve new articles, amend
ments. Ten of these were ratified by three
| fourths of the states. The resolution, by
which these articles were submitted to the
state authorizes the states to ratify ''dU or
a,ay ot tbenl' Ten of them were ratified,
! two were rejected. Each of the other three
| amendments which have been adopted, to-
wit: the eleventh, recommended in 1894; the
ttoestth in 1903; and the thirteeuth in 1906,
was confined to one matter.
| To some of the provisions of this proposed
/ fourteenth article cOnstitutionally submitted
! to u, there would probably be no objection.
To others-or to the heterogeneous whole
it is hoped the state will never give her as
sent. II
A commentary On all of the proposed
amendments would make this document in
ordinately long. A few remarks on one or
two of them may not he inappropriate.
Under our laws, made in conformity to the
constitution of the United States, every one
of the following State officers who entered
on the discharge of his duties prior to the
| 10Th day of May, 1861. took the oath to sup
port the Constitution Of the United States
viz: the Governor, Judges of the Supreme
and Superior Courts, Public Treasurer, Sec
retary OF State, Comptroller. Justice~ of the
Peace Sheriifs, Clerks of the County and
Superior Court Clerks and Masters in Equi-
ty, Clerk of the Supreme Court, Constables
| County Trustees, Coroners Registers, Entry
! takers, Surveyors, every officer of the Militia,
Attorney General State and County Solici-
tors, every member of the General Assembly,
and every oiticer holding any office of trust
or profit this State.
Every lawyer was, likewise, required to
take it, though the right to practice law has
not been held to be an office of trust or profit
The persons who had held these offices prior
to the comprise ii vast proportion of the
population OF the State. All pOstmasters
and Others who had held Office under the
| United States. had also taken this OATH
| These classes embraced the great body of the
intelligence of the State. When war had
| been inaugurated-when one section con-
fronted the other in military confiict-when
personal security compelled obedience to
those in de- fdctO Oauthority-who, of all these
classes of officers who remained in the State,
did not join his own section in the fight. or
give aid and comfort" in the technical
sense of the phrase, il the sense which
future Interpretation may assign to it, to
those who did join it?
Scarcely man remained among US who
|
and comfort" to the Southern soldiers during
that conflict.
But, strange to say, this amendment leaves
eligible to office any one who went into a
| Convention and voted for the ordinance of
secession, and any one who voluntarily took
up arms and fought on the side of the South
to the end of the war, or held seat in the
Confederate Congress, provided such person
had never taken an oath to support the Con-
| stitution of the United States.
If it be held that deeper shade of guilt
attaches to those who had held office and ta-
ken this oath, than to others who owed like
allegiance to the United States, is a lawyer,
who had taken the oath and afterwards
Joined in the rebellion, less guilty than a con-
| stable or postmaster, or other inferior of
| icer, who had taken the oath and afterwards
given aid to the rebellion?
If it be said that the dispensing power re-
serv d to two-thirds of Congress may be re-
| lied on to prevent any special hardship, it is
| inconceivable how so large a body, charged
with so many more important duties, could
exercise this power with justice or discre-
| tion.
If this amendment should be ratified, it is
believed that not single one could be found
| in the State who was, before the war, Gov
ernor, Judge of the Supreme or Superior
| Courts, a member of Congress, or member
of the General Assembly of this State, who
would be eligible as a County Register or
village Postmaster, without this dispensation
| OF two-thirCls of Congress.
| The advocates of this amendment urge
that if we ratify it, representation in Con-
gress will he conceded to us; and that if we
reject it, we must expect from the dominant
party in Congress calamities still more dire
than we have yet felt There is no warrant
for either assertion. 1t would have been as
unbecoming in Congress to offer it to us un-
der any such promise, or such threat as it
would he degrading to us to ratify it under
such circumstances 1t should he considered
solely in reference TO its fitness to form
part of fundamental law of a country
| claiming nigh position among enlightened
and christian nations
The fifth section of this proposed article
has the same import, and Is intended to con
vey as much power as if it were repeated at
the end of each one of the four preceding
/ sections. The original constitution, in closing
the catalogue of the powers of Congress,
gives the authority to'make all laws which
shall be necessary and proper for carrying
into execution the foregoing powers, and all