The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-05-20


The Indianapolis Journal thus presents
the argument In favor Of the validity Of tho
action ofthe Indiana Legislature in accepting
and ratifying the fifteenth amendment to
the Consultation OF the United Statcsi
The House yesterday, By a vote Of Any
four yeas 10 no nays, passed the joint reso-
luton Of the Senate ratifying Che fifteenth
amendment TO tho Constltution ofthe United
States. The Democrats had resigned, but
the Republicans deemed that the action Of
majority would be valid under the Constl-
tuition Of the United States, and disregarded
the absence Of the minority and the reduc-
tion II made Of the number present below
quorum. That they will be sustained In
this course by Congress we have no doubt,
and that they ought to DO sustained and the
vote Of the State Get down for ratification,
no rational man can doubt That vote was
cast by a majority Of all the members elected
In each house, all that even the State Con-
stitution requires to enact any measure.
The only objection that can be made Is, the
failure OF the House Of Representatives 10
comply with q form OF the Constitution OF
the State, which requires two-thirds TO be
present TO witness the action ofthe ajority.
We admit that the failure would invalidate
any act Of legislation relating exclusively 10
the State, and to be judged by the State
courts; but II cannot be admitted that II VIII
invalidnte acts affecting the United States.
Congress has right TO determine what shall
be State, and what shall be valid State ac-
ton, so far as the general Government Is
concerned, and Il Is not within the power OF
any State to limit that right, as our consti-
tuition would do II 1t could force the forms
| ID imposes for Its own business upon that
which IL docs for the United States. Our
own constitution may prescribe that for our
business twothirds OF the Legislature must
be present, but 1t cannot say to Congress that
II two-thlrds arc not present, the action
shall not be accepted as that Of the State.
The Senate OF the United States settled this
eifectually In the memorable case Of Jesse
| d. Bright and Graham N. Fitch, elected
Senators by Joint convention Of q majority
| of the whole number Of members OF the
Legislature, but convened by the vote and
i consent Of but one House, and with but a
| minority of the other House present. Here,
| there was totally lacking the form OF con-
sent OF the electoral convention by one
House, and totally lacking majority OF one
House TO give validity to the action OF that
/ convention.
Yet the Senate held that, as a majority Of
the one hundred and my members who com
/ pose 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 recognize and ac-
ceptit. In the present case a majority ofboth
Houses, one by full compliance even with
the forms Of the State constitution, the other
by the majority required by the State con-
sttution, but In disregard OF form which
the Bright case decided to be unimportant,
have ratified the amendment. The sub.
stance OF the State authority, and portion
even Of the non-essential State forms, were
present and exercised In the act. II the
Bright and Fitch election was valid, this rat
incatlon is .fortiori valid. It will be so &C.
eepted by Congress, we have no doubt, and
we don't think any reasonable and candid
man has any doubt about Il. The amend,
meut Is a settled thing. II Is sure Of twenty.
nine States, and the long agony Is over.