The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-19

Of ratifcaiiOns, such aIncndments become a mart
OF the Constitution, they have the force OF law
and bind the whole country; but while thav
are mere proposals they have no sort of legal
force. The Intervention of a popular election
between their proposal by Congress and the ac-
ton OF the State Legislatures upon them, counts
for nothing, since amendments are never ratified
0y popular vote. To parade such a vote as
proving the success OF the amendment is sheer
lmpertnence and absurdity. The elections may
prove-what required no proof-that certain
States will ratify the amendment; but If those
States are not threefOurtbs of the whole mum.
Der, the amendment no more prevails than if
every state opposed II. t Is just as fat failure
OF Congress; just as much a failure as If IL had
never got beyond the Republican caucus. tits
absurd to the degree OF being ludicrous, absurd
70 the degree OF Delng contemplate, for the
Republican journals to swagger as they do over
the late elections, as II they were equivalent to
final ratification of the amendment
When thing can be done, 1t is in the power
OF capable and ingenious men to point out hoIC
II can be done. As certain journals are everV
day asseverating that the Republican party will
compel the South to submit Co the terms NJ
chooses to dictate, these journals would en-
tighten us very much If they would give a
detailed account of the Dodus operdndi There
are thirteen States that will certainly reject the
pending amendment; and their rejection kills 1t
"as dead as Julius Caesar" Welt being thus
killed, what next? Is il to rest in the hope or
glorious resurrection like the pious dead
whose epitaphs we read on tombstones9 But
what trumpet shall awake it from its sleep
Thirteen is onefourth of ftty-two; the number
OF States must therefore reach fity-two be ore
such an amendment can be ratfed. Where
are the sixteen new States to come from There
is no likelihood that so many will ever be added
to the Union; and even ii they should, there
years hence, States yet unborn will enter
into the party quarrels of the year 1866. 1t is
needless TO inquire about any other amendment
than the one now pending; the States which
Quf n sniff 10 dos
which they dlsapprove. Such being the fate
of the amendment, and such the hands by
which the blow is dealt, we are curious to
be informed by some of the Republican pundits,
what, in their opinion, are the legal and con-
stitutionsl penalties of rejection. The question
is an absurdity in terms, but the grotesdue alb
surdity of the current Republican bluster com.
pels us to ask it. All their bravado res,s on the
conscious or unconscious assumption tn at States
may be punished Tor non-raLitcation. Pray,
tell us by what authority? Pray, tell us by
what method? If by no authority and by no
method-as any person must readily see who
attempts an answer-why is the nonsense so in.
cessantly dlnned in our ears, that the late cleo
tions have decided that the South must either
1atlfy the amendment or take the consequences
Consequences! The only constitutional conse-
quence will be, that the Constitution remains
unaltered.
The Constitution remaining, in spite of the
Republicans, unaltered will they condescend
to tell us tohdt they propose to do about 1t ? That
they can proceed no further against the South
by mere Congressional legislation, they have
confessed. Why else do they demand amend
ments? They were as strong in Congress, at
the last session, as it is possible for any party
ever to be. No Congressional sway can be more
complete than q two-thirds majority of both
Houses, capable of riding rough-shod over the
veto OF the President. With this uncontrolled
power, they went as far as it was possible to 20
without such gross, open, and hagrant viola
tions of the Constitution as would defeat their
own object by bringing them into collision with
the judiciary. As against the Supreme Court a
two-thirds majority avails nothing, potent as
1t Is against the President. The Republican
party, then, has proceeded as far as it can go by
mere Congressional action; and it can neither
amend the Constitution to get more power nor
punish States for defeating proposed amend
ments.
We beg the Republicans to believe that
nobody will be scared by the bluster whose
emptiness we have exposed. II they had
majority of the whole people, the Constitution
would, of course, be no barrerto their wishes,
for no paper compact, however solemn and
can stand against preponderance ce
of physical strength. But, fortunately their
sectional majority is a minority of the whole
people; so that, whichever form the question
may take, "Whether the Constitution shall pre-
vail?" or. whether the viii of the majority
shall prevail?" the decision will be equally
against the Republicans.