The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-01-23

NCntlOnS IN CnICc-lOllftnS lNcfcOl,
before they can become part Of
the organic law. The other is by
q convention Of all the States, con-
vollcd by Congress upon the ap-
plication of the Legislatures Of
two-thirds of the States proposing
amendments, which must travel
through tho same process of ratif-
cation. An important question
presents itself just here, viz: Is
the Congress, as now composed,
the Congress contemplated by the
Constitution, and competent to
propose amendments to that in
strumcnt? During the war, the
Congress, as now composed, was
competent to enact such laws as
were necessary 70 preserve and
carry Oh the Government: because
the eleven Southern States were
absent by their own volition, and
there is 10 provision in the Con-
Stitution to compel their attcn-
dance. The case now, however,
is very different. The Southern
States are clamorouS to lie admit
ted to their seats in Congress.
The Constitution knows 10 Con-
grcss rs competent to propose
amendments, except it is composed
of members from all Of the States.
The present Congress is not COM
posed Of members from all Of the
States; therefore it is not compe-
tent to propose amendments.
Hence, any proposition to amend
the Constitution cmanating from
that body, as now composed; are
illegal, because void Of the sane
ton of Constitutional law, and you
cannot receive and entertain them
without subvcrsion Of the princl
pies Of the republic; and 4 change
in her form of Government. An
other equally important question
presents itself at this point, viz:
Can we, from present appearances,
reasonably expect such q change
in the composition Of Congress as
to render that body competent: in
accordance with the provisions Of
the Constitution, topropoSoamcnd-
ments to that instrument ? What
is the present condition and posi-
ton Of fittings? We live under i
great complex system Of Govern
mcnt, Democratic and Republican
in its form, and divided into three
great DcpartmentS-LegiSlativc,
Executive and Judicial. The Leg
islative and the Executive are the
two departments most intimately
and directly connected with the
solution Of the question before us.
I shall, therefore, define only their
positions. The Executive Depart
mcnt has planted itself upon the
Constitution. which it has sworn
to preserve, protect and defend:
and it cannot rcccdc. The 'Legis-
Iutivc Department. has taken its
position in antogoniSm with the
Executive, and, having been sus-
tanned in it by majority OF the
Northern people, will not rcccdc.
These two departments Of the Co.
vernmcnt have, for the past twelve
months, been getting wider and
wider apart each day, the Lcgis-
lativc all the time cncrOaching
upon and absorbing the powers OF
the other two departments OF the
Government. We cannot, there
fore, reasonably expect such q
change in the composition Of the
present Congress as to render
that body competent, in sccor-
dance with the provisions Of tho
Constitution, to propose amend
mcnts to that instrument. But
for all practical purposes, the Con-
grcSS, az now composed, is compc-
tent 20 exercise such functions as
arc nccdful to preserve the Gov
crnmcnt-having been recognized
as such by the Executive and Ju-
dicial Departments Of the Govern
mcnt. The only mode now left to
us by which to propose am"nd-
mcnts to the Constitution, and
about which no question Of con-
stitutionality can be raised, is q
convention Of all the States. This
can only be had by the application
Of the Legislatures Of two-thirdS
Of Ill the States to Congress for
4bo c(,,,-o.n&;I1s, Of er1ch y hO0S.