Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-03-18
THE CONSTITUTIONAL AMEND
MENT.

urdW tue COuSenL OF tuo Sssso sNS
ratification of the fourteenth amend
ment to the Constitution Of the United
States has-been initiated in New Jersey.
Tho Legislature of the latter State has
passed resolutions Withdrawing the con-
sent Of the State to the proposed amend
ment. The resolutions Of the Legisla-
.ure seem to have been sent to Governor
Ward, who, being. q Republican, has
vetoed them. The case in this point is
different from hat Of Ohio, in which
the resolution was not submitted to
Governor Hayes, who, no doubt, would
have been ready to veto them also. But
there seem to be grave doubts whether
the Governors Of the States have any
thing 10 do with adopting or rejecting
constitutional amendments. The Ian
guage of the Act of Congress is, that
amendments to tho Constitution to BIO
valid must either be ratified by the
Legislatures of three-fourths Of tho
States" or by Conventions in three
fourths Of tho States. In Ohio the idea
was, that the Legislature only had au-
thority over this question, and assuming
that tho withdrawal of tho ratification
was complete when agreed upon by the
| Senate and House, the Governor was
not troubled with any advice on the
subject. Notice of the resolution Of
withdrawal was sept to Washington, and
n return Of the certificate of ratifi-
cation demanded. This was denied,
however, by Mr.. Seward, upon the alle-
CATION that there was no law to author
ize q withdrawal of tho ratification Of
the amendment from tho State Depart
mcnt. So the certificate Of adoption
and of Withdrawal were placed sido by
side in the same pigeon-hole.
The message of Governor Ward is
chiefly interesting upon account Of its
arguments. There may be great doubt
whether the resolution Of withdrawal
was properly sent to him, and whether,
in consequence, his veto can DO of any
avail to cause q necessity to pass the
resolution by a vote of two-thirds. But
setting that consideration aside, there
are excellent reasons given why this at
tempt of the Legislature Of New Jersey
to annul the previous ratification Of tho
amendment is utterly void. Tho first
ground is that all authority to act upon
the ratification is gone by the previous
action. That is, that when on amond-
ment is ratified and certificate thereof
sent to Congress, the power of the State
over tho subject is exhausted. Cover
nor Ward says =
It must be remembered that while a State
has the clear and undoubted right to repeal
and rescind its own laws, subject to its con:
tracts, yet in all its relations to the General
Government its actions are conclusive and
4 final. II a State part with q portion OF its
soil to the General Government, It cannot
recover its title even under the doctrine oil
eminent domain. II the Legislature appoint
La Senator for the constitutional term, no mat
ter how faithless he may DO to tho interests
of the State, or hsw wantonly he may disre-
gard the sentiments Of the people, the Legis:
Eature cannot withdraw the appointment and
trust, An approval or ratification OF an
amendment to the National Constitution BY
the Legislature OF a State cannot be regarded
az experimental or conditional unless de-
clarcd' to be such when made. When solemn
" and unqualifedly done, Il Is Of the nature
and effect Of contract which cannot be re-
scinded or changed at the mere will OF the
State BY which It was made.
Governor Ward says further, that the
State having ratified the amendment,
has thereby Influenced the action Of
other States which have n right to de-
pend upon her ratification as final. Tho
question whether the amendment is not
already ratified by the consent of three
fourths Of tho States loyal to the Union,
is also glanced at, and there is some DR.
gument 10 the effect that the amendment
has already been adopted. Upon the
ground further, that the people of New
Jersey had ratified this amendment in
the election succeeding its adoption,
aud that it was not an issue in the last
election, wherein the present Legisla-
ture was chosen, Governor Ward brings
further objection to the action now pro-
posed. He sets forth the merits Of the
amendment at length. As an able ar
gument to show that the proposed mea-
sure is illegal and useless, tho message
of Governor Ward is Of value, and 1t
ought to have m influence in all States
where Democratic majorities, temper
arily in power, arc eager to rush of and
to undo the bene6cent work of settle
mcnt proposed in the most candid and
kind spirit by Congress, and already
approved by various States.