Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-11-08
Is the Constitutional Amendment
Legale

Brick Pomery, of the La Crosse
wis., Democrat, who, more than any
man in the West, aided in melting the
spirit which eliminated in four years
REBEL n and the assassination of the
Chief Magistrate OF the nation, in re.
cent number of his paper has an article
concerning the proposed Impeachment
of President johnson, and after quoting
from the Constitution TO show that "two
thirds of the members present" can con-
vict, goes on to say of the Constitu,
tional Amendment
"a majority of two.thirds of the
members present can impeach the Presi.
dent, but it requires majority of two.
thirds of both houses-full houses
to prepare amendments to the Constitu-
ton"
The amendment TO the Constitution,
now 3 part of the organic law abolish
ing slavery throughout the nation, re-
ceived but three votes over two. thirds
of the members present of the House OF
Representatives. 1t was, nevertheless,
acted upon by the States, pronounced by
Secretary Seward adopted by them,
and declared to be from the date of his
proclamation an integral part of the
constitution. Does Pomeroy consider
himself better lawyer or exponent of
law than the Secretary of State, whose
, old shoes he now verify worships? If
so, why does he not set himself up in
opposition to Seward and claim his
place in a. Us cabinet. His past dis.
loyal record eminently entities him to
such a position, and an application for
it, may secure it to him.
The amendment in question received
a much larger vote in Congress than did
the proposition abolishing slavery.
Hence, if the former was legally adopted,
and President Lincoln, with his Cabinet,
and indeed the whole country, so re-
garded it, is not the present amendment
equally legal
After the withdrawal, at the out
break of the rebellion, of the Southern
delegates from Congress, the remaining
members, by joint resolution, declared
themselves to be the Congress of the ma
ton, and two-thirds of their number a
quorum for the transaction of business,
and under this joint resolution all the
acts Of Congress for the past five years
have been passed, and by that passage
rendered the nominal law of the land.
To the passage of most of these acts,
Democratic politicians have taken no
exception, and in striking at the Consti-
tutional amendment, the editor Of the
La Crosse Democrat declares that not
only is it unconstitutional, but also all
laws and ordinances passed by Congress
since the secession from that body Of the
Southern members in 1861.
But Pomeroy is not alone in this as
sumption, The same position is taken
by the ultra rebels of the South, and we
doubt not, If they succeeded in obtain
ing majority in Congress, they would
use the same argument to repudiate The
National debt. 1t is the same ground
on which President Johnson and Demo
cratic politicians and newspapers argue
that the Freedmen's Bureau and Civil
Rights laws are unconstitutional, and i
one which if carried out to the full ex
tent of it's meaning must again plnng'
thesnation into a more fratrcidal con
test than the one in which after des
perate struggle Of four years, Southern
rebels and Northern copperheads VIII
had the manliness to resort to arms il
defense Of their pet schemes upon tn
life Of the Union, received such a sounC
drnhhjns as they during the course o
their natural lives will not be likely t.
forget Let the survivors of that wa
remember that if they pTecipitate an
other one upon Northern men, it will b.
one 0. the " torch and turpentine
species, and they alone will be response
BILE for the just vengeance wreaked upor
their own heads