The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-11-27

should have right to representation in Con-
gress proposing alterations in the original arti-
Giles of compact; and on this account alone, no
State, pretending to have rights under the Con-
stitution, can, with proper scrupulousness or
dignity, ratify an amendment thus proposed.
It is remarkable that this proposed amendment
contemplates, under one article, to change the
Constitution in eight particulars, some of them
altogether inconeruo1s to be ratified as acho}e.
We are not allowed to ratify such of them as
we approve and reject those We disapprove.
This is the first attempt to Introduce the vice
of omnibus legislation into the grave matter of
changing the Fundamental law. In 1889, Con-
sress proposed to the States, pursuant to the
5th article of the original constitution, twelve
new articles, as amendments. Ten of these
were ratified by three fourths of the States The
resolution, by which these articles were sub
nitted to the States, authorizes the States to
ratify "al or any Of them" Ten of them were
ratifed-two were rejected. Each Of the other
three amendments which have been adopted, to-
wit {: the eleventh. recommended in 1874, the
twelfth in 1903, and the thirteenth in 1865,
was confined to one matter. TO some of the
provisions of this proposed fourteenth article,
constitutionally submitted to US, there would
probably be no objection. To others, or to the
heterogeneous whole, it is hoped the State will
never give her assent. commentary on all
the proposed amendments would make this doc
ument Unfortunately long. A few remarks, on
one or two of them, may not be inappropriate.
Under our laws, made in conformity to the Con-
sttution of the United States, every one of the
following State officers, who entered on the dis
charge of his duties prior to the goth day of
May 1861, took the oath to support the Con-
stitution of the United States, viz: the Gov
ernor, Judges OF the Supreme and Superior
Courts, Public Treasurer, Secretary Of State,
Comptroller, Justices of the Peace, Sheriffs,
Clerks of the County and Superior Courts,
preme Court CoDstables, County Trustees, Cor
oners, Registers, Entry takers, Processioners
Rangers, Standard keepers, Surveyors, every
officer Of the militia, Attorney General, State
and County Solicitors, every member of the
General Assembly, and every other officer hold
ing any Office Of trust or profit in this State;
every lawyer was likewise required to take it,
though the right to practice law has not been
held to be an Office of trust or profit. The per-
sons who had held these Offices prior 10 the war
comprise a vast proportion of the population
of the State. All posmasters and others who
had held Office under the United States, had al
so taken this oath. These classes embraced the
great body of the intelligence of the State.
When war had been inaugurated when one
section bad confronted the other in military con-
ct,-when personal security compelled ODE
dience to those in de facto authority, who of all
these classes of officers, who remained in the
State, did not join his section in the fight,
or give said and comfort" in the technical sense
of this phrase, or in the sense which future IN
depreciation may assign to 1t, to those who did
join 10 it? Scarcely man remained among US
who can conscientiously say that he gave nc said
and comfort" to the Southern soldiers, during
that conflict. But strange to say!-tLis amend
ment leaves eligible to Office any one who went
into convention, and voted for the ordinance
of secession, and any one who voluntarily took
up arms and fought on the side of the South to
the end of the war, held seat in the Con-
federate Congress, provided such person had
never taken an oath to support the Constitution
of the United States.
1fit be held that deeper shade of guilt at
taches to those who had held Office aud taken
this oath, than to others who owed like allcgi
ance to the United States, is lawyer who had
taken that oath and afterwards joined in the re-
bellion, less guilty than constable or post
master, or other inferior officer who had taken
the oath and afterwards given aid to the rebel
lion? If it be said that the dispensing power
reserved to two-thirds of Congress may be relied
on to prevent any special hardship, it is incon-
ceivable how so large body, charged with so
many more important duties, could exercise this
power with justice or discretion. If this amend
ment should be ratified, it is believed that not a
single one could be found in the State who was,
before the war, Governor, Judge of the Su-
preme or Superior Court, member of Congress,
or member of the General Assembly Of this
State who would be eligible as a county register
or village postmaster, without this dispensatlon
of two-tbirds Of Congress- The advocates of
this amendment urge that if We ratify it, repre-
sentation in Congress will be conceded to US;
and that, if we reject it, we must expect from
the dominant party in Congress, calamities still
more dire than we have yet felt. There is no
warrant for either assertion. It would have
been as unbecoming in Congress to offer it to US
under any such promise, such threat as 1t
would be degrading to US to ratify it under such
circumstances 1t should be considered solely
in reference to its fitness to form part of the
Fundamental! law of country claiming high
position among enlightened and Christian ma
tons. The fifth section of this proposed article
has the same import, and is intended to convey
as much power, as if it were repeated at the end
of each one of the four preceding sections. The
original Constitution, in closing the catalogue
OF the powers of Congress, gives the authority
''to make all laws which shall be necessary and
proper for carrying into execution the forego-
ing powers, and all other powers vested BY this
Constitution IN the Government of the United
States or any department or officer thereof, this
authority has always been understood to apply
to power conferred the government OF the
United States, by amendments subsequently
made, and has repeatedly received the consde-
ration of the Judiciary. IF the design of this