The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-21


amendment nor strike out old ones nor after
striking out, insert others. II can simply
vote to ratify, or refuse to ratify. When that
is done its function is discharged. Thence
forth 1t can neither recall its vote nor change
it, Whichever way il votes, it forth With
transmits certificate duly authenticated OF
its action-in the premises to the Office of the
Secretary of State and thereafter its vote and
action are The exclusive property Of all the
States of the Union. State authority extends
over Stateiarea, but never beyond, except by
the comfy of sister States. Over local inte-
rests within its own domain the State has
exclusive jurisdiction. But the power of
Legislature to act on proposed amendm 9nt
is not derived from the State Constitution,
but from the Federal Constitution. And in
passing on such amendment IL acts In new
capacity on a subject foreign to its customary
duties, and with an energy that may be felt
in every State of the Union. It is then a
quasinational body sitting within the limits
of State, engaged in framing the organic
supreme law fthe land, or, rather, engaged in
an organic act of legislation.
When this high body has oonsummated its
action on such amendment, its return to its
usual duties operates an adjournment sine die
of its session on the constitutional question
and it could not reassemble in its former high
capacity, except by the express authority of
the power that summoned its first session.
Its action in that extraordinary capacity was
finality, and thenceforth the nation has a
vested interest in such action. A man signs
3 contract pledging the payment of the sum
set opposite his name, provided certain total
sum shall be subscribed in all. He may re-
gret his subscription the instant it is made,
but he cannot recall it or modify it. When
the total amount is subscribed his subscrip-
tion becomes due and payable. When State
Legislature ratifes proposed constitutional
amendment, it in effect says-T will be for
ever bound by my ratification, provided
three-fourths of the States in all
shall ratify it." 1t may claim to
be on the stool Of repentance
the moment after such ratidOa-
tion, and seek to nullify its action.
But the instant the three-tourths ma
jority is obtained, that amendment is part
of the United States Constitution. Again:
proposed State constitution is submitted to
the citizens of the State for ratification, and if
majority of those voting ratfy it, it is
adopted. An amendment of the United States
Constitution is submitted to the State legis-
latures for ratification, and if three-f -fourths
ratify it, it is adopted. Now, a man who, in
the forenoon, casts his vote in favor of the
proposed State constitution, might, with the
same propriety aud right, apply in the after
noon, and before majority OF those voting
that day shall have voted to ralify that consti-
tuition, to recall his vote because he had, in
the meantime, changed his mind, as State
legislature which has once ratified a constitu-
tional amendment could ask for second
opportunity to vote, because in the interim,
it has obtained new light. No. Once ratified
by State, its ratification binds it forever,
provided the required number of States
cooperate.
We trust, therefore, that Congress will not
precipitate the admission OF any of the unre-
constructed States to secure the adoption of
that amendment. Give those States all the
time they may require to rally and embolden
the loyal masses, so that their future local
governments shall surely be such as will meet
the wishes and necessities of their people.
When finally admitted, they will promptly
ratiiyiDg that amendment.