Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-11-20
A NATIONAL CONSTITUTIONAL CON
VENTION.


The Fifth Article of the Constitution of
the United States declares that "the Con-
gress, whenever two-thirds of both houses
shall deem it necessary, shall propose amend
ments to this Constitution, or on che applica-
ton Of the legislatures of tr0o-thirds Of die seue-
raj States, shall call contention for proposing
amendments"
Nearly six months ago and while the
proposition now pending before the States,
was pending before Congress, this paper
took the position, that the conflict between
the President and Congress as to the right
as well as to the propriety of the latter de-
partment Of Government proposing amend
ments while portion Of the States were
unrepresented in Congress, and the feeling
which such a course on the part of Congress
would inevitably arouse, made it expedient
to leave the proposal Of amendments to the
action Of State Legislatures, in calling a
general Convention Of all the States. Every
day sobservation since thattime has tended to
confirm the wisdom Of this view, and we
are pleased to see that prominent men and
journals in various sections of the country
are advocating the proposition. 1t is now
obvious that three-fourths Of the States do
not intend to ratify the congressional scheme
of amendment Apart from intrinsic obiec-
tons to it, they conceive, and in this the
DrasfIorf ,opof,rg fbof tbo To,,-t.t,ts,,, 49,,
fers no power on any legislative body less
than Congress composed of representa-
tives Of all the States to propose amend
ments under the article above quoted; in
other words, that the people called to ratify
should have a voice in considering the ne
cessity Of a proposition to amend; that all
the States are entitled as much to a par
ticipation in the preliminary work Of franz
ing amendments, AS they are to a voice in
their ratification rejection. Nomind devoid
Of prejudice, and disposed to preserve the
spirit and follow the forms prescribed in the
Constitution for this important step, can
refuse TO admit the justice Of this position.
The thirtY-ninth Congress ought not to have
assumed the prerogative conferred in the
first sentence Of the fifth article, and it would
act wisely, and in the interests of an early
and satisfactory adjustment Of outstanding
questions, if it should promptly withdraw
the amendment at its meeting in December.
If then, two-thirds Of the Legislatures Of the
States should make the call for Constitutional
Convention and Congress would, in a spirit
of fairness provide for its assembling, we
have little doubt that every question vital to
the restoration Of the Union would be so
considered and delivered by such body as
20 command the unanimous approval Of all
the States. 1t was unquestionably an error,
fatal 20 the early settlement of the details Of
questionsdecidedb by the civil war, in Congress
representing portion of the nation only, to
attempt to dictate the organic law. Repeal
able statutes and fundamental laws are diff
ferent things, and the wise men who made
the latter comprehended the distinction, and
clearly set forth the truth in the fifth article,
whose every sentence and word contemplates
that the work Of amendment TO the Constitu-
ton should be in its inception, progress, and
contamination the act OF all the people
either in their primary capacity, or through
accredited Representatives. We advocate,
therefore, the movement Of State Legisla-
lures for a call by Congress of a Constitu-
tional Convention. This will relieve both
the President and Congress- and remit the
important questions at issue to the, people
where, unless we have forgotten the very
alphabet of republioanism, they properly be-
long