The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-05-20
Indiana aud the Xvth Amendment

The indianapolis Journal thus pre-
sents the argument in favor of the va
lidity of the action of the Indiana Legis'
lature in accepting and ratifying the
XVIII Amendment to the Constitution
OF the United States:
The House yesterday, by vote OF
fifty four yeas to no nays, passed the
Joint resolution OF the Senate rat1tylng
the Fifteenth Amendment TO the Con-
stitution of the United States. The
Democrats had resigned, but the Re-
publicans deemed that the action of a
majority would be valid under the
Constitution OF the United States, an d
disregarded the absence of the minority
and the reduction it made of the num-
Der present below quorum. That
they will be sustained in this course by
Congress we have no doubt, and that
they ought to be sustained and the
vote of the State set down for ratifica-
ton, no rational man can doubt. That
vote was cast by majority of all the
members elected in each house, all that
even the State Constitution requires to
enact any measure. The only OBJ
lection that can be made Is, the
failure of the House of Repre-
of the Constitution of the State,
which requires twO.thirds to be pres
emit TO witness the action of the MAORI
tY. We admit that this failure would
invalidate any act of legislation relating
exclusively to the State, and to be
judged by the State courts; but 1t can
not be admitted that 1t will invalidate
acts affecting the United States. Con-
gress has tight to determine what
shall be State, aud what shall be valid
State action, so far as the General Gov
eminent is concerned, and it is not
within the power of any State to limit
that right, as our Constitution would
do If it could force the forms 1t i'm
poses for its own business upon that
which 1t does for the United States. Our
Our own Constitution may pre-
scribe that for our business two
thirds of the Legislature must
be present, but it cannot say to Con-
gress that If two-thirds are not pres
emit, sthe action shall not be accepted
as that of the State. The Senate OF the
United States settled this etfectually In
the memorable case of Jesse D. Bright
and Graham N. Fitch, elected Senators
by a Joint convention of majority OF
the whole number of members of the
Legislature, but convened by the vote
and consent of but one House,
apd with but a minority OF the
other House present. Here, there was
totally lacking the form of consent
to the Electoral Convention by one
House, and totally lacking a majority
of one House to give validity to the &C
ton of that Convention. Yet the Sen
ate held that, as a majority OF the $50
members who compose both Houses
was present, there was the substance OF
the State authority present, and the
substantial power of the State having
been exercised, though in disregard OF
forms, the United States would recog-
nize and accept it. In the present case
a majority of both Houses, one by a
full compliance even with the forms of
the State Constitution, the other by the
majority required by the State Consti-
tuition, but in disregard of form which
the Bright case decided to be unimpor-
tant, have ratified the amendment. The
substance of the State authority, and a
portion even OF the non-essential State
forms, were present and exercised in
the act. 1.-THE Bright and Fitch cleo
ton was valid, this ratification Is a for
tori valid. 1t will be so accepted by
Congress, we have no doubt, and we
don't think any reasonable and CANDID
man has any doubt about 1t. Inc
amendment is a settled thing. 1t Is
sure oftwenty-nineS States, and the long
agony Is over.