The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-09-22
Secretary Hos.v.s. on tho Fifteenth Amend

who, in q communication to the Gold Hill
News, under date OF Sept. 18th, furnishes
certain facts to the public which are in exact
accordance with the statements heretofore
made in this paper. The Secretary was no,
content with stating the facts rs they exist in
the premises, but has favored the public with
an elabomte opinion as to what is and what
is not a complete ratification and notice there
of TO the Department of State at Washington
Here is what he SAYS:
The Legislature did. at its last session, pass
joint resolution ratifying said Amendment.
and 1t is true the Legislature did not instruct
me to forward certified copies of ths resolu-
ton to any one, neither has the Governor
asked for a certified copy for that purpose,
hence the resolution has not been forwarded
and do not conceive that such n course is
at all necessary, inasmuch Us the resolution is
printed with the laws and made n part there
of, and is as much notice of the action of
the Legislature, until impeached, rs any other
statute or resolution in the boOk--and "A copy
of each statute and joint and concurrent res
olution is filed with each head of Department
at Washington, and two copies to the library
OF Congress, and one to each of our Senators
and Representatives. in Congress. / can con-
ceive Of no better notice that could be given
than is already given in this case. The uues-
ton raised, believe, does not 90 TO the ac-
ton itself of the Legislature, but as to the
notification given to Congress by the State.
The Constitution of the United States upon
this question, or rather subject, saws that
':when threc-fOurths of all the States shall
have ratified any amendment proposed by
Congress, the same shall be and become part
OF the Constitution; hence You will see that no
particular form of ratification is necessary
nothing but the naked fact AS 10 whether the
States have or have not taken such or such
rfI - FNN,tW e. I
the fact that such ratification has been pub
lshed TO the world, alongside of other Acts of
the Legislature, in the bound volume of the
statutes, brought home 10 the knowledge of
the President and each head of Department
at Washington, sufficient notice that the Fiji
teenth Amendment had been ratified by the
Legislature.
We are somewhat in doubt as to the pre-
else role or caste of character which the Sec
rotary assumes to play in his appearance be-
fore the public in his official capacity as Sec
rotary of State of this State. If he comes
upon the stand in the character of a witness.
then we submit that everything except the
facts therein stated, which are within his own
knowledge, are irrelevant and impertinent,
and cannot be received rs testimony in the
case. Before the Secretary's opinion could
be received in evidence, it would be necessary
to show that he was "A professional EXPERT
whose opinions could be received as authori-
ty upon given subject, which he has failed
to do. If he assumes to play the role of
Judge and decide the case upon the evidence
In his possession, then We deny his right TO
sit IN Judgment at all, as the ties of consan-
guinity on the maternal side existing between
HIM fba ;,t1.
Of sin, the Fifteenth Amendment, totally I'M
fits him to decide fairly and impa-tially, and
renders his decision n nullty. If he is act
ing the part Of attorney in the case, we would
call his attention to the fact that our statute
does not permit an attorney to comment upon
the evidence given by himself and hence his
comments and conclusions are in very bad
taste as well as being contrary to statute.
and in addition do not reach the dignity Of
hith-rate pettfogging argument in a police
court. The whole sum and substance of the
Secretary's argument amounts simply to this {:
that no official notice whatever is reauir
ed to be given to the Department of State at
Washington of the Acts done by n State Leg
lslature, which are to be made a part of the
public archives of the Federal Government.
The Secretary says copies of our statutes con-
tanning the joint resolutions of ratification
have been forwarded and filed with the heads
OF Departments at Washington. How filed
with the heads of Departments? If so. then
each and every act and joint resolution of
our State Legislature whether relating to mn.
tional, State or individual affairs, becomes n
part of the national archives, enrolled and
filed in each Department of the Government
Mt Washington. But the truth is. such il
not the fact; the statutes of Nevada are not
and cannot be, part of the public records of
the National Government, and il is simply
absurd and prepostcrous to so assert There
are thirty-seven States in the Union, and each
one of them is in the habit of forwarding to
the heads of Departments ut Washington
copies of their published statutes which in.
stead of being fled rs the Secretary asserts as
part Of the Government archives. are sim.
ply placed in the public library of each De-
partment and used Ms matters of refer
ence when public information is required con-
corning the statutes of the States Suppose
on tho meeting Of Congress the Secretary of
State should I've called upon TO furnish 10 each
Of the Houses Of Congress the document
evidence in his possession Of the number of
States which have ratified the Fifteenth