Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-31
Is THE CONsTITUTIONAL AMEND
MENT BEFORE THE LEGISLATURE
OFTHE STATE TOR RATIFICATION?


following resolution precedes the proposed
Amendment, OF what purports TO be th'
proposed Amendment 70 the Constitution o
the United States, to wit:
JOINT RESOLUTION PROPOSING AN AMEND
AIESr TO THE CONSTITUTION OF TIL
UNITED STATES.
g Be L Res0lDcd by he Senate and House o
Representatives QfHe United States Qf Ameri
ca, IN Congress Assembled, (two-thirds Of both
Houses e0ncurring,) That the following ar
ticle be proposed 70 the Legislatures Of the
several States az an Amendment to the Con-
stitution Of the United States, which, when
ratified by three-fourths Of said Legislature,
shall be valid as part Of the Constitution"
The resolution proposing the pending
Amendment, passed each House Of Con
gress, receiving the votes Of more than two
thirds Of the members present-was signed
by the Speaker Of the House Of Representa-
uves and the President Of the Senate pro
feHp0re, and duly attested by the Clerk Of
the House, and the Secretary Of the Senate.
But the resolution was not, and has
not been presented to the President Of the
United States for his approval, or for lis re-
turn 70 that House in which il originated
with his objections If he did not approve il,
As required by the Constitution which all
the members Of Congress are sworn TO sup
port. u is provided IN the Constitution chat
" q mqj0rifg Of each house shall constitute a quo
rum 10 do business" Ii is also provided in
.he Constitution: Every bill which shall
have passed the House Of Representatives
and the Senate shall before il become a law,
be presented to the President Of the United
States; if he approve, he shall sign it, but if
not he shall return IL, with his objections,
30 that House In which il shall have origi-
mated, who shall enter the objections at large
on their journal, and proceed 10 reconsider
it" In the first instance bare and simple
majority Of each House is required TO pass a
bill, but when returned by the President
with his objections il requires, the vote Of
two-thirds Of each house 10 pass the bill, the
Presidents objections TO the contrary not
withstanding. If In the first instance every
member In both Houses should record their
votes in favor Of the passage Of the bill, still
il must be sent 10 the President for his ap-
proval or lis return with his objections. Il
is also provided in the Constitution that
" hC (OHqrcs, UheRerer hCD-thirds of both
Houses shall deem a necessary, shall propose
amendments 10 his Constitution" The only
difference is, in the case Of a bill a simple
majority Of both Houses can pass il in the
first instance, bat in proposing amendments
10 the Constitution, twO-thirds Of both
Houses are required 10 vote for the propo-
sition in the first instance before il can be
presented 10 the President for his approval
or its return with his objections.
In the case Of the resolution proposing
the amendment to the Constitution, Mr..
Speaker COLFAx decided that "a il was a
concurrent resolution IL was not necessary
10 present it TO the President; and in this
decision he was sustained by the House. Il
Is presumed that a similar decision was had
ip the Senate, and so the resolution propos-
ing the amendment was not presented 20 the
President Was It Joint resolution? The
caption states that il is and therefore
should have been presented 30 the President
for his approval or its return with his OBJ
jections The enacting, or rather the re-
solving clause makes il Joint resolution, !
and, therefore, should have been presented |
70 the President for his approval, or its re- |
turn with his objections. The words in |
brackets "hr0-tbjrds Of both House concur
ring" in the body Of the resolution, makes /
it a concurrent resolution, and as such |
should have been presented TO the President |
for his approval, or lis return with his OBJ |
jections Therefore, whether il was a Joint |
resolution or a concurrent resolution il /
should, under the provisions Of the Consti-
tution have been presented 60 the President /
for his approval, or its return 10 that House
in which il originated with lis objections.
But this was both joint resolution and
concurrent resolution, rs appears upon the
face of the resolution itself, and, therefore,
should, beyond all doubt and controversy
have been presented TO the President for his
approval, or its return with his objections
In case Of the latter contingency, its return |
TO the house in which il originated, the /
duty and course of Congress is clearly pre-
scribed
But in addition TO what has already been
said upon this question, there is another pro-
vision in the Constitution of the United
States, and whichSenatorsa sandRepresentatiyes
are sworn 10 support which directly and
have reference 20, and should
have controlled in the case under consider
alton; but which must have wholly escaped |
.he recollection Of both Mr.. Speaker Coz
FAX and Mr.. President Of the Senate, FOSTER, |
as well a. that of each and every member Of
both Houses OF Congress. How else could
they have come 10 the decision, that this,
.he most important resolution ever adopted
by the American Congress, could stake efeot'
without iirst having been presented 20 the
Presideit for his approval, or its return to
hat house in which if originated, with his
objections. Art. /, sec. Z, clause 3, Of the
Constitution: EVERY ORDER, RESOLUTION,
Or VOTE. 40 wuCH yHE CONCURRENCE OF
THE SENATE AND HOUSE OF REPRESENTA-
rIvEs MAY BE NECESSARY Except on a ques-
lion Of adioummen.) SHALL BE. PRESENTED
70 THE PRESIDENT OF THE UNITED STATES;
AND BEFORE THEsAME SHALL TAKE EFFECT,
SHALL ne APPROVED BY NM OR BEING Dis
APPROVED BY HIN, SHALL BE RE-PAssED BY
OF THE SENATE AND HOUsE OF
REPRESENT ATIvEs, ACCORDING TO THE |
RI LES AND LIMITATIONS PRESCRIBED II THE
CASE OF A BILL .
There is the mandate, the law, the Consti-
ution, clear and explicit. Not susceptible |
1f doubt or uncertainty. No evasion or
luibbling can be extracted from il or fast
,ned upon 1t. Il imperiously demands that /
Every order, resolution or vote 10 which the |
concurrence of the Senate and House Of |
may be necessary Except |
ln a question Of adioumment) shall be pre-
sented TO the President of the United States |
Then was Il an "ordcs' proposingan amend |
ncnt to the Constitution it should have been |
presented 20 the President Was Is a "rcso-
ufioH the Constitution requires il 70 be |
presented 20 the President. Was it a vote /
lf the two houses it should have been pre-
.euted 30 the President But h'was a joint
resolution, and also a resolution, vote 10
which the concurrence of the Senate and /
House Of Representatives was necessary, and |
before il could "i0kc e5tof' should have been
approved by the President, or being disap-
proved by him should have been re-passed
ly two-ihirds of tie Senate and House Of
according 90 the rules and
limitations prescribed in the case Of a bill.
The Constitution required it, and without |
with It's requirements the pro
posed amendments are not legitimately be-
lore the Legislatures Of the several States Of
he Uuion.for ratification or rejection. They |
IRE nullity. l..
FROM WISSISSIPPI---CROPS POLL