The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-12-03
THECONGKEssIONAL AMENDMENT

The Meeting OF COnEress-.-A speedy
settlement with the South Demand.
edl'.-rhree-FOurths OF the Loyal
States Competent TO RAtiry the
From The NeIV York Herald
From the emphatic and decisive pop
ular endorsement which the recon
struction plan of Congress has received
in all the recent State elections from
Maine to Oregon, the opinion prevails
that soon after the reassembling of the
Congress thus endorsed, summary
measures will be adopted by the two
Houses to bring this Southern difficulty
to n speedy and decisive solution.-
This opinion we believe to be well
founded, and from certain information
which has lately come into our possess
sion, we think the initial point of new
line of action has been discovered
whereby the whole question may be
substantially settled before the ad-
journment on the 4th of March next,
and settled upon the basis of the pend
ing constitutional amendment.
The key which unlocks this difficulty
and all its complications is this: That
three-fourths of the loyal States, or the
States represented in Congress, are
%OAhBGtCliI LlOB OLlN 10 OH llle
Government, but to change the organic
law ofthe Government. Why not ? The
Federal Constitution provides that "the
Congress, whenever two-thirds OF both
Houses shall deem it necessary, shall
propose amendments to this Constitu-
ton, or, on the application of the Leg
islatures of two-thirds of the several
States, shall call convention for pro-
posing amendments, which, in either
case, shall be valid to all intentS and
purposes as part of this Constitution,
when ratified by the Legislatures of
three-fourths of the several States or by
conventions in three -fourths thereof, as
the one or the other mode of ratitica-
ton may be proposed by the Congress-"
Now, acting upon the letter of the Con-
stitution and upon the theory that the
lately insurgent States were restored to
their constitutional relations in the
Government, with their compulsory
ratification of the amendments abolish
ing slavery under the Presidents ex-
perimental efforts at reconstruction,
the Secretary of State, when n suffi-
cient number of Southern States had
Joined in the ratification to make up
three-tourths, or twenty-seven, of the
whole number of the States of the
Union, proclaimed said amendment
part and parcel of the Constitution.
Thus from the Executive Depart
ment the doctrine was officially pro-
mulgated that the insurgent States, in
accepting the Presidents conditions of
reconstruction, were restored to their
voices in the Government. But, by the
Constitution, and as pleaded by the
President in the outset to several of
his provisional governors, all his pro-
ceedings in the way of Southern recon-
structiOn and restoration were only
provisional, and were subject to ap-
proval or rejection by Congress. We
see that the President had shifted his
ground with this aforesaid proclama-
ton from the State Department; but
this did not change the fact that unless
accepted by Congress all his proceed
ings and proclamations in this business
must go for nothing. That proclama-
tiOn, nevertheless, so far established
the idea that Ihree-fOurths of all the
States, inside and outside, are neces-
sary to effect ratification of a consti-
tutional amendment as to lead to end
less embarrassments and qualifications
in regard to the status of the outside
States.
1t was perhaps as much as Congress
could do at the last session to avoid
committing itself to the ratification
two Houses have the authority from
the people of the loyal States to take
decisive grounds against it. The law
and the logic of the matter may be
briefly stated. AS the outside States
were disabled by regular rebellion in
which they cut themselves loose from
the Government and combined In arms
to overthrow it, they cannot be rein
stated except by Congress, and are now
really in the condition of unorganiZed
territories, not having even the right
to a voice in the national councils,
which is possessed by Montana or Utah.
Yet again, as the National Government,
4 h,
al quorum in both Houses OF Congress,
is valid to all intents and purposes, the
States thus represented and thus
making laws for the whole Union, we
repeat, are competent to change tie or
ganic law of the Union itself. In a word,
the States represented in the Govern
ment are, in law, the United States.
Otherwise all our federal legislation of
the last five years is null and void.
Divested of petty technicalities,
quirks and bubbles, it is thus apparent
that three .fourths of the States now
represented in Congress are competent
to make the pending constitutional
stitution, the supreme law alike to the
outside and the inside States and terri
tories. This is the conclusion which,
we understand, Will be acted upon by
Congress. When three-fourths, or
twenty-one of the twenty-six States
now represented in Congress shall have
ratified the amendment, the Secretary
of State will be required by an act of
Congress, if necessary, to proclaim the
ratification complete. Then, while the
ratification may be held as the condi-
ton of Southern restoration, the amend
mcnt consummated will still be binding
upon them as the supreme law of the
land, and Congress may enforce it from
Virginia TO Texas by appropriate leg
islation," as in the territories.
This is the solution which awaits the
excluded States. 1t is a solution per
fectly consistent with the rights and
powers assumed by the loyal States in
suppressing the rebellion of the late sn
called Confederate States, and with all
the legislation of Congress since the
first bombardment of Fort Sumpter.
The only question therefore remaining
to the excluded States is whether they
Will make a virtue of necessity and
come forward to the ratification in order
to participate in the Presidential con-
test of 1858, or remain outside to be
subjected TO the terms of the amend
ment by the action of the loyal States
and of Congress.
The Theatre des Nouveautes, a sale
in the Boulevard des Nations, was on
Sunday night the scene of an unrehears-
ed tragedy. Madame Caupules, a ia
yorite actress there, during the per-
fOrmance received message that her