Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1869-05-20
Ri rIFYED

The House yesterday, 10y a vote
OF ftyfour yeas to no nays. passed
tue Joint resolution Of the Senate
ratifying the Fifteenth Amendment
TO the Constitution of the United
States. The Democrats had resign
Ell, but The Republicans deemed that
the action of majority would be
valid under the Constitution of the
United States, and disregartled the
absence of the minority and the re-
luctien it made 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 ratification, no rational
man can doubt. That vote was cast
by majority OF all the members
elected in each house, all that even
Tic OItIc OOlSlttutiou icNiulico "
enact any measure. The only objec-
ion that can be mads is, the failure
ofthe House OF Representatives to
comply with form of the Constitu-
tion Of tie State, which requires two
thirds to be present to Witness the
action of the majority. We admit
that this failure would invalidate any
act of Legislation relating exclusive
ly to the State. and TO be judged by
the State Courts; but it cannot be
admitted that it will invalidate acts
affecting the United States. Congress
has right to determine what shall be
a State, and what shall be q valid
State action. so far as the General
Government is concerned, and it is
not within the power of any State
10 limit that right, as our Constitu-
ton would do il it could force the
forms it imposes for its Own bust
ness upon that which it does for the
United States. Our own Constitu-
ton may prescribe that for business
two thirds of the Legislature must
be present, butt cannot say to Con
gross that iftwo-thirds are not pres
ent. the action shall not be accepted
as that of the State. The Senate OF
the u. S. settled his effectu.ily in
the memorable case of S. ID. Bright,
and GIN Fitch, elected Senators
by joint Convention OF majority of
the whole number of members of the
Legislature, but convened by the
vote anil consent CT but o-e House,
and with but q minority of those
present Here, there Was totally
lacking the form of consent TO the
electoral c invention by one House,
and totally lacking majority of
enc house to give validity TO the ac-
ton of that convention. Yet the
Senate held that al majority OF
one hundred and fifty members who
compose both houses, there was the
substance Of the State present, and
the substantial power of the State
having been exercised, though in
disregard OF forms, the United States
would recognize and accept it. In
the present ease a majority of both
houses, one by full compli, nee
even with the forms of the State
Constitution, the other by the ma
tority required by the State Constitu'
tion, but in dis regard OF the form
which the Bright case decided to he
anignportant, have ratified the
amendment. The substance of the
State authority. and portion
even of the non essential State
forms, were present and exercised
Jul the act. ii the Bright and Fitch
election Tas valid, this ratification
is fortiori valid 1t will be so ae'
copied by Congress, VIC have no
doubt, and. don't think any reason
able or candid man has any doubt
about it. The amendment is a set
tied thing. 1t is sure of twenty
nine States, and the long agony IS
oycr.-L.d. Journal, May 10Th.