The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1866-10-11
4 Proposition to our Legislature.

n Fr0posItIon TO our Legislature
The Mobile Gazette, edited by Ad-
miral Semrnes, in its issue of the 9Th
contains proposition which it subniits
to the Legislatures OF the Southern
States and particularly to the Missis-
sippi Legislature,inasm as it meets
next week. The Gazette quotes as
follows from the Constitution of the
United States
"The Congress, whenever two thirds
of both Houses shall deem it necessa-
ry, shall propose amendments to TINS
Constitution, or on the application OF
the Legislatures of two thirds OF the
several States, shall call a convention
for proposing amendments, which, IN
either case, shall be valid, to all lntents
and purposes, as part of this ConstItu-
ton, when ratified by the Legislatures
of three fourths of the several States,
or by conventions in three-tourths
thereof, as the one or the other mode
of ratification may be proposed by
Congress, etc" In Art. !, Of the same
instrument, it is provided that; "All
Legislative powers herein granted shall
be vested in a Congress of the United
States, which shall consist of a Senate
and House of Representatives.
The House of Representatives shall
be composed of members, chosen ey-
cry second year, by the people of the
several States, and the electors in each
State shall have the qualifications
requisite for electors of the most nu-
merous branch of the State Legislature.
The Senate of the United States
shall be composed of two Senators,
from each State, chosen by the Legis-
lature thereof, for six years and each
Senator shall have one vote" Again,
it is declared in the same article, that
Every order, resolution, or vote, to
which the concurrence OF the Senate
and House of Representative may be
necessary Except on a question of
adjournment shall be presented to the
President of the United States and
before the same shall take effect, shall
be approved by him, or, being disap
proved by him. shall be rePassed by
two thirds of the Senate and House of
Representatives according to the rules
and limitations prescribed in the case
of bill"
Then it goes on to prove that there
is no question of amendment before
the Legislatures, because it does not
come up in the mode pointed out by
the Constitution. After dwelling up
on this point some time, it comes to
the proposition, which is as follows:
We respectfully suggest, that each
of them, as they take this subject up,
adopt the following, or a similar joint
resolution:
g ReSolpcd, etc, That the several
amendments to the Constitution of the
United States, which, it is proposed,
shall form the 14th article of that in
strument, and which have been trans
mitted to us bv the Secretary of State
of the United States, through His Elk
cellency, the Governor, not having
been proposed to us, by the body point
ed out by the Constitution, or under
the ''rules and limitations" prescribed
by that instrument, there is nothing
before the Legislature of this State
calling for its action --.ee-ter
We think the Gazette's reasoning
correct The Constitution expressly
provides, that no bill shall become a
law, until the President has voted upon
it. He either votes ''aye," in which
ease, he approves it, or he votes mo,
in which case he vetoes it; but it is
absolutely necessary, that he should
vote one way, or the other No bill
can become a law, unless he does so.
And as all resolutions, or votes" re
quiring the concurrence of the two
houses, before ''the same shall take
effect" must be passed, according to
the rules, and limitations, prescribed
in the case of a bill" it follows, that
the amendment sent to the State Leg
islatures, not having been submitted
TO the President, is a nullity.
The Gazette's views are worthy of
and we commend them
to our Legislators.