Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-03-21

"a NohS iSoS IL DSg OHu UtepusSJ AOA !
rests upon clear, distinct provision 0
the Constitution. By simple, direc
act, then, fully authorized, Congress cal
at once make RESTORATION complete.
l have not been at all troubled by thu
argument, sometimes urged, that these
State governments were irregular in ori-
gin; that no specific law authorized the
appointment of provisional governors
or authorized the provisional governors
TO call conventions for forming new con
stitutions, What is material in the max
ing OF a constitution is, that the people
concerned shall in fact make or adopt it ;
and the means by which their power il
called into action for the purpose is i'm
material, if there be no coastraint.
The convention which formed the
Pennsylvania constitution of 1776, was
called by the Philadelphia committee OF
correspondence, and not by the Legi:-
lature. No law whatever authorized the
convention, and yet it made constitu-
tion which stood for fourteen years as
the constitution of Pennsylvania, aud
the State came into the Federal Union
with it as her fundamental law. In that
constitution the council of censors estab-
lished by it was authorized to call con-
ventions to amend the constitutions, and
there was no other provision for amend
ment. Yet under simple resolution of
the Legislature convention was chosen
which formed the constitution Of 1900,
which is yet in existence.
| may also mention, what is we'll
known, that several new States whose
constitutions were irregular in origin
have boen admitted into the Union by
Congress. Il was held to be sufficient
that they were in fact made by the peo-
pie who were to be bound by them.
AMENDING THE CONSTITUTION.
Having spoken 10 the other points pro-
posed TO myself for discussion al this time,
come 10 the last and principal one. | mean
the question OF amending the Constitution
on the subject of representation.
The pending proposition of amendment
was, in its original form, introduced into the
House Representatives on the Ssh o: jan
nary, by one OF the members from Maine.
For purposes OF convenience, shall call ii
the Blaine amendment, naming il after tue
gentleman who proposed il.
1t was, in modified form, referred 10 the
commiuee OF fifteen, reported back 10 The
House, and after some consideration again
referred 10 the committee on The 3Olh OF
January. The committee again reported j;
to The House on the following day, when
il was passed under The operation of the
previous question, without general debate.
The member Ieporins,ii was permued 10
suPporI it in speech OF much bitterness
and power, but the mouth OF opposition was
closed. Ii is now before Us for considera-
ZION in the form in which il passedlhe House
and reads as follows:
ARIIcl E.-Represenlalives shall be ap-
por!oned among the several States which
may be included within this Union accord
Ing 10 their respective numbers, counting
the whole number Of persons in each State,
excluding Indians not taxed Provided, That
whenever the elective franchise shall be de-
MED or abridged in any State on account OF
race or cUIor, all persons therein OF such
:ace or coior.shall be excluded from the
basis OF representation.
By referring 10 one Of the clauses OF the
Constitution, read BY me in The outset OF
my remarks, we are enabled 20 understand
the nature and extent Of ;he change propos
ed by The resolution. By the existing Goa.
slilution representation is based upon the
whole number OF inhabitants in The Saes,
exclusive of Indians not taxed. Females
chiI,fyap apd Toroio1a-s 80 oo,o,oJ --I ~
negroes and nulatioes are also counted, in
asDuch IS slavesy no longer exists The
computation of three fiflhs OF all other
persons besides ireemen, as conlem5 plated
in The Constitution, will no longer be made
for there is no class OF inhabitants which
falls within The description of those words
They are henceionh imperative and useiesa
II follows that all inhabitants in a slate, ex-
cept untaxed Indians. are to be counted Tor
purposes of representation under The Com
sti,ulion. And it will be observed that the
rule for appouioning Representatives accor-
ding to population will be alse the rule for
imposing direct taxes. Each State IS to pay
direct taxes according 10 The whole numbe-
of lis inhabitants, excluding Indians Gnlax-
ed. The abrosa;ion. of the three filihs rule
by emancipation applies equally TO the ap-
poriionment OF Representatives and the i'm
position oil direct faxes, Whatever change
has been caused BY emancipation applies
equally 10 both these subjects.
Now, the Blaine amendment, leaving the
Constitution TO stand upon this subieci in all
other respects precisely as have described
il,pfosides that whenever in any Stale there
shall be an exclusion from the elective fran.
cRise-on account OF race or color, all per-
sons OF such race or color shall be excluded
from enumeration for purposes OF repre-.
senlatios in the lower Hpuse of Congress.