Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1867-04-11


Morality, and Religion. ii,
The Vote Upon Constitutional
Amendments.
The Cincinnati Gazette, in an ar
ticle on the passage Of the suffrage
amendment, states that ''it will re-
quire a majority Of all the votes
cast at that election for State off.
GERS to carry the amendment. Er-
cry vote polled for the general tick
ct and not cast for the amendment,
will count against the latter"
The Gazette's statement accords
with the popular notion upon the
subject, but it enlarges the language
and most probably the meaning, Of
the constitution. The words 'foy
State officers" are not in the consti-
tutional provision with reference to
amendments, either actually or by
fair implication,
The Title of the Constitution
which provides for amendments,
first prescribes how amendments
shall be proposed to the people for
their decision, and provides that the
vote upon the adoption or rejection
Of the proposed amendment shall
be taken at some general election
held at the stated time. The require
ment that a vote shall be taken at
general election is perhaps a need
less precaution; its rationale is
clear enough without statement, 1t
was considered necessary by the
trainers of the Constitution; and
their peculiarity of detail in pre-
scribing the mode ofamending theil
works does not stand as the sole
evidence that they were inclined to
consider themselves as not only the
trainers of the Constitution, but leg
isZat0rs as well. 1t is in this vein
that they proceed, in the section
under consideration, to further pre-
scribe that "if the majority Of elect
ors voting at such election shall
adopt such amendments, the same
shall become a part of the Consti-
tuition" Now, the object of the
election, so far as the Constitution
has anything to do with it, is simply
the adoption or rejection of pro
posed amendment to the Constitu-
ton. The use of terms to desig-
nate the ktnd of election at which
the question may be voted upon,
seems to have 11isled a certain part
of even lawyers so far as to induce
them to suppose that a majority of
all the votes cast for State officers
at such election shall be necessary,
to secure the adoption of consti-
tutional amendment. But the Con
stitution itself, while it obscures its
own meaning by too great particu-
larity of detail, does not say any
thing of the kind. 1t has nothing
to do with the vote cast for State
officers, or anything else, except the
votes cast for or against the con.
stitutional amendment. AS we have
already intimated, it mentions "Sen.
ators and Representatives," but
mentions them only to say that the
Amendment shall be voted upon al
an election for Senators and Repre-
sentatives and not an election fol
school directors, or municipal off,
GERS only.
The requirement of the Constitu,
ton, interpreted by the proper le-
gal intendment of the language used
and by the rules of Interpretation
known to every student Of law,
would simply-"if the majority OF
electors voting upon such amend
ment] at such election shall vote
to adopt such amendment, the
same shall become 4 part of the
Constitution" See Const. Art.
xvi, Sec. page So Sw. & Cr.-
The "proposed amendment" is the
subject to be voted upon; 1t must
be voted upon at the next cleo
ton for Senators and Representa-
tives"-a general election, when
the people arc giving their attention