Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-09-23

States, on the other hand, will not
permit Provisional Legislature to
amend the supreme law of the land
The constitution only contemplates
the untramelled Legislature of en-
Independent State, (on a PROPOSE
ton addressed to the States.) as
competent to act In execution of the
fifth article of the constitution.
Hence, there is direct inconsistency,
and so to speak, a hostile claim of
power between the reconstruction
acts and the constitution of the
United States in this most import
ant and vital matter. But the cons
stitution is, of course, the supreme
law of the land, and the reconstruc-
ton acts, so far as they relate to
the point of conflict, are uncon-
stitutional and void" The re-
construction acts make it obligatory
on Virginia, Mississippi and
Texas to ratify the fifteenth amend~
ment before they shall be admitted
to representation in Congress and
to exercise the attributes of soyer-
eighty, and that the Legislatures of
these States, which are essentially
Provisional Legislatures, may do
nothing else which Legislature is
competent to do, the opinion of the
Attorney General was manufac
tured and promulgated. Thus we
are to have Provisional Legisla-
lures to do what only the Legisla
ture of States possessing and ex-
ercising the attributes of sovereign
ty are competent to do. Is it sup
posed for q moment that in the
event the fifteenth amendment shall
be declared ratified and a
part of the constitution of the
United States, by the assent of
States thus obtained, the Supreme
Court, if the matter shall ever be
brought up before that body, will
hold such ratification to be legal ?
Congress, like the Legislature of
our own State, has gone on with an
utter disregard Of the constitution
and of the judicial department of
the government, and the Supreme
Court has shown an extraordinary
disposition to yield to the dictation
of that body. The Montgomery
ALA Mail takes this view of the
proposed amendment:
"The obstacles in the way of the If
teenth amendment are thickening. The
refusal of ten States to ratify will kill it.
Thus far, we have against it beyond cons
tingency-New Jersey, Delaware, Mary
land, Kentucky, Ohio, Georgia, Califor-
MIA. A rejection by three more of thu
States ends the controversy, and leaves the
settlement of negro suffrage, in lis bore
ders, to each State, where it properly be-
longs. Can we count upon three more {?
We think 30. The Tennessee Legislature,
represented by men like Etheridge, will
certainly reject it. If Pennsylvania goes
for Packer-and the prospects for his
election are encouraging-she will
rescind her former vote. One
more State will be wanting. We
can get that State from Oregon, Indiana,
New York, Virginia, Mississippi, Texas
or Maine. Even supposing that the three
unreconstructed States, In order to escape
military rule, should rstify the amend
ment, we have still Oregon, Indiana. New
York and Maine TO fall back upon. Be-
fore the requisite number of States can be
obtained, we think Indiana will annul the
bogus ratification which was extorted from
her. Oregon will refuse to ratify, if We
may Judge from the result in California,
and the dangers which threaten her from
Chinesa aufi'rapeU