Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-05

sovereign capacity. 7TlIe reservation is not
! to them as a mass, but to each. "Re-
| spectively" is the word employed to iindi=
cate that each reserves all powers to itself,
| except those delegated, and retains them in
| dependently of the interference or control
| of others. This theory manifestly declared
In this section, would be entirely over
| thrown, if by an amendment to the Consti-
| tuition adopted by three-fourths of the
States, the reserved rights of the other
fourth could be interfered with. If the
! powers of one State reserved to itself can
| be affected by the action of others under
| the amending section, why the reservation
| to each, and why the use of the word re-
| spectively?" The manifest intention of
! this section is that each State is
| to be completely sovereign as to
powers reserved, as much 50 as it was as to
the powers delegated previous to delega-
ton. 1t was apure matter of choice on the
part Of each whether any of its pow
ers should be conferred upon the Federal
Government, or whether the Constitution
should be adopted at all. No force was
or could have been lawfully employed to
cOerce the feeblest sovereign. No one but
itself could determine as to the wisdom or
policy of the delegation. In short, each
was Independent and sovereign. SO is each
State now as to the powers reserved. AS the
adoption Of the Constitution originally by
twelve States could have no effect in taking
away single power from the one refusing
to adopt, so pretended amendment im-
pairing reserved rights, and ratified by
three tOurths or more of the States, can not
affect the others that decline to ratify.
Secondly: Consider the provisions of the
| article as to amendments, and particularly
| the instrument that is to be affected, and
Isal, s,t
| First, it is "this Constitution" and secondly
it is to be affected by amendment" The
Constitution of the United States is mere
ly al enumeration of the delegated pow
ers, and the manner in, and the limitations
under which these powers are to be eXer-
cised. 1t creates the Federal Government,
divides its powers into departments, defines
the boundaries of each and declares the
mode in which each is to act, and the effect
which their acts are to possess. AS incl
dental to this certain powers are prohibited
to the States; but still this is a delegation,
Il negative delegation, If L may so speak.
1t is, therefore, solely with reference to
delegated powers that "this Constitution"
treats. This instrument of delegated pow
ers, the section under consideration author
iZes to be amended. The word amend has
distinctive Specification of its own; yet
orally it means to strike out, being derived
from the Latin word nendd, signifying
originally to remove faults which might
occur in the transcribing of manuscripts.
From that the word has been extended to
mean the correction of any fault which ap-
pears in an instrument, either by striking
out or by adding matter which removes it.
Its meaning is very different from that con-
tanned in the words abrogate or repeal.
The latter signify an entire change in the
substance, the former rather change in
the form. An existing law is repealed
when another law is passed based upon
principle antagonistic to that which was
the basis of the first. A law is amended
when any change is made consistent with
its fundamental principle. To amend,
therefore, is not to overthrow or destroy.
Apply these remarks to the case in hand
and we find that "an amendment to this
Constitution" is one which corrects some
faults in the powers already delegated or
in the manner in which they are to be eX-
ercised. 10 add to the delegated powers
without the assent of every party inter-
ested, is to adopt a principle in utter an
tagonism to that on which the Constitution
is based, and to abrogate and not to amend.
The adoption of such a theory destroys
the autonomy of the States, and introduces
into the federal system a principle which
conIounds the distinctions created by the
trainers of the Government and repeals
the Constitution under the pretense of
amending it,
This view is strengthened by consider
alton of the provisions as to making
changes in the old articles of confederation,
Article 18th provided that "no alteration
shall at any time hereafter be made in any
~ hn al oIf hn
agreed to in a Congress of the United
States, and be afterwards confirmed by the
Legislatures of every State" 1t was to
perfect the old articles of confederation
that the convention which framed the Con-
stitution was called. Many of those who
prepared the articles of confederation were
members of that convention. The
substitution, therefore, in the Con-
stitution, of the word amendment
for alteration could not have been
without design. The word alteration has
much the larger Specification, and means
not merely to correct mistakes in that
which, already exists, but to change in
any way, even to entire abrogation. In
deed the literal meaning of alteration is to
make otherwise, so that an instrument is
only truly altered when it becomes the op-
posite of that which it was at first. This
only be exercised by all the States, each
acting for itself. For this power of altering
the power to amend was substituted, to eX-
ercise which three-fourths of the States
were sufficient. Why this difference in the
number of 4, the States required to make
changes in the two instruments? Was 1t
not because 1t was thought that to amend
did not vest as much power as to alter and
that, therefore, it was safe to'confer upon
a part a power which it might be incon-
venient for the whole to exerciseP Sure
ly no one supposed that under provision
authorizing amendments any would claim
the right to alter, else the States which were
so jealous, of the power OF the Federal
Government would have amply provided
against such possibility. ItwRs never in
tended that the Constitution shonld be al
tered except so far as it could be done by
amendment.
Thirdly: The proyiso contained In this
article as to amendments throws light upon 1
this, subject. The language of the proviso
is, "Provided that no amendment which .
may be made prior to the year 1908, shall I
in any manner affect the, first and fourth .
clauses in the ninth section Of the first arti- 4
cie cif and that no State, without its consent, \
shall be deprived of its equal suffrage in 4
the Senatep In this proyiso the trainers |
of the Constitution indicate what would /
be legitimate subjects OF amendment were /
the proviso not Incorporated III the article, 4
and to some extent what the true construe-
tion ofthe article is. ybgtoo atlrfantI
The first clause of section nine delegates
to Congress the power to impose tax or
duty on the Importation Of slaves not ex-
ceeding ten dollars for each person, while
10 denies to Congress the right to prohibit