The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1867-02-08
THE CONSTITUTIONAL AMEND
MEUT.
Speech Of Senator Geo. Reed of Mani
towoc, delivered In the State Sen
ate, January %, 1857.

BOT1tleS ana considering mySeI Instructed
through requests of my more Immediate
constituents, who pay their due proportion
OF the expenses OF supporting this and other
departments OF our state government, 10
state the reasons for the vote l shall give
on this occasion Whatever that may be- |
proceed to discharge the duty thus devolv-
ed upon me and, while asking the induIg-
eDce Of the senate, / deem no apology will
be due Or demanded for the time | shall
occupy In the discussion Of the material
and more important provisions OF the pro-
posed amendment to the constitution of the
United States, now under consideration for
our ratification or rejection.
1T the ordinances of secession, adopted
by the legislatures of the eleven southern
states were invalid, and the war to maintain
them were a wrong, then the union Of the
states was never dissolved, and when the
executive of the nation proclaimed that the
war between the sections was ended, and
that the federal authority was re-establlshed
and pnobstructed throughout all the states
lately In rebellion, those states as states be-
came Immediately entitled to representa-
ton IN congress, and their citizens to the
full enjoyment of all civil and political
rights as citizens of the United States, un-
til declared forfeited by due process Of law,
according to the forms prescribed by and
under the constitution.
While the southern people we're in rebel
lion against the federal authority their rep
resentatives had Withdrawn from congress,
but when they ceased their opposition, they
promptly submitted to all the conditions I'M
posed upon them as either war or peace
measures by congress, and by the executive
as commander in-chief of the army and
navy Of the United States, and thereby as
organized communities or states became re-
invested with all rights as states in the
Union, and their citizens who had partici
pated in the rebellion, were no longer liable
to prosecution or punishment, for alleged
ofcnses except in the civil tribunals, in the
manner prescribed by laws passed in pur
suance OF the provisions of the constitution.
Neither the rebellion nor the individual
crimes OF those engaged in it, changed or
altered the constitution, or added to the
rights, or enlarged the powers of the gov
ernment, whose power crushed that rebel
lion and saved the Union.
The constitution provides that the house
Of representatives shall be composed of
chosen every two years by the
people of the several states, and that the
senate shall consist of two senators from
each state.
In pursuance of this provision of the con
stitutiOn, the eleven southern states elected
their representatives and senators to the
congress of the United States, and they sey-
orally appeared at the capitol of the nation,
ready and offering to come in under the
constitutional oath of office; but they were
refused admission to their seats, by the
representatives Of twenty five northern
states, which compose the present congress,
and have usurped legislative, executive and
judicial powers ir their action in relation to
the southern states and people.
The constitution also declares that econ
gress whenever two-thirds Of both houses
shall deem it necessary, shall propose
amendments to the constitution, and it is
submitted that no less than two thirds of
the representatives of the thirty six states
which compose the Union, can properly or
submit an amendment to
the constitution, ard believing this, | cannot
vote for the ratification of the SO called
amendment before US without violating the
oath | have taken and subscribed as mem
Der Of this body to support the constitution
of the United States.
If there are senators who believe that the
unconstitutional resolves of the legislatures
of the eleven southern states, and the treas
enable acts of their people under them
worked dissolution of the Union and des-
traction of those state governments, and that
the remaining twenty five states constituted
the Union at the time Of the action of con-
gress upon this proposition to amend the
constitution, can they deny that this last
quoted provision of the constitution is bind
ing upon the congress composed Of the rep
resontatlyes from these twenty-five states,
and that it would require a vote OF two
thirds Ct all these representatives to submit
an amendment to the constitution, and
when they know that the proposed amend
ments did not receive such vote, can they
constitutionally vote for its ratification.
Or, do senators who believe that the twen-
ty-fve states constituted the government,
also believe that though the two thirds Of
that number Of the representatives from
those states in congress did not vote for this
proposed amendment, the ratification of it
by the legislatures Of three fourths of these
states since elected, will constitutionalize
Ibis action OF congress and stop the supreme
court Of the United States from going be-
hind the popular elections and these legisla-
tive endorsements, to inquire into the vote
of congress upon this amendment?
The third section of this proposed amend
ment declares that
SEC. g. No person shall be a senator or
rcpres entative in-congress, or elector of
president and vice president or hold ally of
fee, civil or military, under the United
States or under any state, who, having pre-
viously taken an oath, as member of con-
gress, or as an officer of the United States,
or as member of any state legislature, or
as an executive or judicial officer of any state
to support the constitution of the United
States, shall have engaged in instruction
or rebellion against the same, or given aid
and comfort to the enemies thereof. But
congress may, by a vote Of two thirds of
each house, remove such disability.
Power and authority are vested by tbs
constitution in the courts of the United
States to try and punish the persons men
toned in thiss section Of the proposed amend
ment for the crimes or otfenses therein al
legged against them, and may be invoked to
that end by the direction of congress, in all
cases where pardons have not been grant
ed, but congress cannot in this autogratic
manner through the invocation of the popu-
lar majority of the people of the northern
represented states, arralgn, try and ignom-
iniously punish for past o!fenses by official
distranchisement or otherwise, the citizens
of the southern states equally SOVEREIGN and