American citizen. [volume] (Canton, Miss.) 1864-1890, 1867-03-23
From the New Orleans Pycayune.l
ARTICLE XIV"


amendment.
i 1t names thirteen States that have
voted, not to ratify. Massachusetts
4 hesitates a majority of the legisla
tive committee, to whom the subject
was referred, have recommended
that the Subject should be postponed
until the meeting of the next Legisla-
tme..
But if thirteen States have actual
" refused to consent to the alteration
of the constitution, does it not follow
that the question is disposed OF, and
the amendments actually defeated!
The Constitution requires the assent
OF three fourths of the State Legisla-
lures. The number of States to
which it was submitted, was thirty
six. Another, Nebraska, has since
been added, making the whole num-
Der thirty seven. The addition of
this State, even though it should be
permitted to vote on amendments
proposed without its participation,
and substantially defeated before its
admission, does not increase the
chance for ratification. While there
were only thirty-six States, twenty
seven were thrce-fourths, and sutfi-
cient to ratify; ten were more than
one-fOurth, and sufficient to reject.
When the number is increased to
thirty seven, it takes twenty eight to
ratify, and ten are still sufficient to
reject, and would be if the numbers
were increased to thirty eight or thir
ty-nine. The thirteen negatives al
ready obtained are sufficient to pre-
vent ratification until the number of
States reaches fitty-two. Hence the
violent measures which have been
adopted by Congress to compel State
legislatures that have already voted,
to change their votes-changing their
constitutions to compel them to
change their votes.
But if it were permitted to reason
on the subject, it might be urged
with force of argument, to which
we see no sufficient reply, that the
amendment is constitutiOnally defeat
ed, whenever the vote is obtained
which is made by the constitution
sufficient to reject. The organic law
which declares that three-fourths
shall be necessary to perform any
act, is, as distinctly, II declaration
that more than One-tourth shall be
competent to reject. The Constitu-
tional power of rejection is as fully
vested in the smaller number, as the
Constitutional power to confirm is
vested in the three-tourths and these
rights are equally absolute. 1t is a
veto power vested in a portion of
the Government, over the acts of
another, and when it is exercised ac-
cording to law, the measure is as
etfectually defeated, as bill from
Congress would be, after it had failed
to receive the two-thirds vote over
the Presidents veto.
In the amendment case the power
has been exercised. More than one.
fourth of the State Legislatures,
indeed more than one-third OF the
Legislatures of the States, in the ex-
erciSe of a Constitutional function,
recognized in the act of submitting
the question to them, have refused
their consent. BY every rule of cor
rect constitutional construction, the
amendment is defeated, and cannot
be revived again without new legis-
lation, in due form, byCongress, and
a resubmission to all the States in a
new act adopted by two-thirds of
both Houses. The Judgment that is
pronounced is tiual, and a reconsider
alton must begin de moro, with the
consenting as well as the refusing
States. Any other principle of con-
struction must assume this plainly
inadmissible proposition: that when
ever an amendment to the cOnstitu-
ton is offered, it is never to be con-
sidered as rejected, no matter how
many States may have opposed it,
beyond the constitutional number
which rejects; but is to be held as
always pending until the requisite
sanction be obtained.
In addition to this postulate, it is
assumed by the controlling power at
Washington that the army may be
sent into the recusant states, to hold
possession of them until their record
ed vote is reversed, and ratification
is obtained from some new political
set up for the purpose
of giving the form of consent.
In the circumstances of the coun-
try such speculations on the force
and meaning of the constitution are
of no practical value in assisting in
dividuals to determine their own
OF exercising any practical
influence on public affairs. These are
for them by a supreme
authority, who does not ask consent,
nor listen to debrte. Still there is a
certain interest in the train of
something akin to that in
which we read history, and wonder
how tits, that in an age Ofmarvelous
advancement, and of
moral culture, we are repeat
ing the errors by which all other
have disappointed the hopes
of mankind.
EF From all we can learn, it is not
the intention of Governor Humphreys
to convene the Legislature.-TimeS.
From all we can learn, nobody
I,noyro what Gov Humnhrava in tanda