The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1868-08-12
From the Enquirer.
The Four: apRth Amendment-k
tyetti Lock,


i tye.stl Lock.
II seems tn bc generally taken for gran
ted that rhc faureeuth amendment. as it is
called, to the Constitution Of the United
States, having passed through the process
ses essential 10 its ratif ation by the States,
has, by the proclamation of Mr.. Seward,
bearing date July %, become established as
a part of that Constitution. For the pres
ent, perhaps it may as Well stand so as IN
any other way; nevertheless, it is fact
that there is no Official announcement
that the said amendment has passed through
the processes essen.ial to its ratification by
the States; nor is it, by the proclamation OF
July 20, made part of the Constitution.
| By the act OF Congress approved on the
SUth of April, 1918, 1t is made the duty of
the Secretary of State, forwith to cause any
amendment to the Constitution of the Unit
ted States, which has teen adopted accord
ing to the provisions of raid Constitution,
to be published in the newspapers authoriz-
ed to promnlgate the laws, with his certiti-
cate specifying the States by which the
same has become valid to all intents and
purposes, as part of the Constitution CT
the United States.
The purport of the proclamation OF tho
Secretary of State is that # the requisite
number Of States hare goted IN tdUor OF the
ratification, then Me amendment IS ratified;
If otheraclse, then 1t IS not ratified In other
words, the proclamation is conditional. not
positive. 1t Is so in two respects; leaving
open the questions: |. Whether tho States
of Ohio and New jersey had o right to
rccind their c5htest to the amendment; and
g. Whether ''the he%ly constituted and es-
tab!ished bodies atowlng themselves TO be
and acting as Legislatures respectfully OF
the States of Arkansas, Florida, North
Carolina and Alabama are, in fact, lawful
legislative assemblies" +"
Here the enquiry suggests itself: Who
Is over powered to decide these questions
1t is holden by Mr.. Seward that neither
the act just quoted trom"-the act of
April 20, 1S18--'nor any other law, ex>
nressly or by conclusive implication, au-
thorized the Secretary of State to determine
and decide doubtful questions, as TO the au
thority Of organization of State Legslatur-
es, or as to the power of any State Legis-
lature to recall Previous act or resolution
Of ratification of any amendments proposed
to the Constitution" o..
If the Secretary of State is not, who
then is authorized to determine such ques-
ton? They are certainly not legislative
questions, and even supposing the judiciary
should consent to decide political issues
there are no direct means to make them
judicial ones. Still, until they are decided:
until it is decided that the Legislatures OF
the six States above named are lawful leg
islative assemblies, and that the Legisla-
lures of Ohio and New Jersey had no right
to rescind a previously passed resolution.
the condition contemplated in the act OF l
1918 had not arrived, and the SeSretats
had no authority to issue any proclamation
whatever upon the subject; and the article
in question can, In no way, become legiti-
mate part of the Constitution.
Why was the thing done? Ii can not be
believed that Mr. Seward, whose experi1
ente, both DIS leglst ard politician, has
been extensive, should hot have understood
the matter perfectly, and it is difficult. not
to feel convinced that this was intended as
another of those political jests Of which
Mr.. Seward has perpetrated SO mary, and
whose Consequences have not always been
as happy as might have been desired.
In the light of the conclusion, the thihg
is more lddicrdtis. Alter raising the ques-
ton whether the Legislatures of the six
States above mentioned are valid Legisla-
lures, and, on the ground of his want Of
authority, declining to decide it, he ignores
it altogether, and hangs the result upon
the other, as follows:
" HOW, therefore, be it known that I,
William Fl. Seward, Secretary of State of
the United States, by virtue and in pursu,,
ance OF the second section Of the act of
Congress, approved the twentieth day of
April eighteen hundred and eighteen, here
in before cited, do hereby certify that # the
resolutions Of the Legislatures of Ohio and
Ne,o Jersey, ratatying the aforesaid omend1
ment are to be deemed as remaining IN tuE
t1rce and effect, notwithstanding the satbse-
q,tent resolutions of the Legislatures Of those
States arhich p,uports to ,cithdra'c ite con-
sent Of those Stutes from such ratification,
then the aforesaid amendment has been
ratified iii the manner herein before men,
toned, and so has become valid to all in
tents and purposes as a part OF the Con-
stitution Of the United States"
From which it follows, that if the con-
sent of Ohio and New Jersey was with>
drawn by the recision OF the ratifying reso-
luton, then the amendment has not been
ratified, has not become valid, and is not,
to any intent or purpose, part OF the
Constitution.
If Mr.. Seward had no authority to de:
eide the issues upon which the question of
ratification depended, neither had he au>>
thotiiy to issue his proclamation until they
we're decided; for there Is no act Of Con-
gross which, expressly OF by conclusive i'm
plication, requires the Secretary of State
to make proclamation Is respect to amend
ments to the Constitution, until all ques
tions in respect to the validity of State ac-
ton. have been determined. The procla-
nation, therefore, BESIDES being condition
al and alternative, Is imrertinent. Ii the
Secretary is not authorized to decide, i was
his dhty to withhold his action until the
decision had been made byif there are
any such-the proper authority. As It is,
nothing can well be more ridiculous than
the affair, which may perhaps prove as
misthleybus as it is ridiculous.
TIE National Life Insurance Company Of
the United States of America, chartered BY
~ g.. i l.