Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-12
INA OUANDARY.

AT the last session of the Legislature
of New York, the Radical majority,
without taking time to consult their con-
stituents, made haste TO ratify the pro-
posed fifteenth amendment to the Consti-
tuition of the United States. An election
has Just been held in that State, in which
the question of extending suffrage TO ne
groes owning real estate to a certain
amount in value was submitted to the
people, and ii was rejected by very de
cided majority. In Ohio, the Democratic
majority of the last Legislature, who had
been elected in opposition to negro suf-
frage upon a direct issue, refused to ratify
the fifteenth amendment. In the recent
election the Radicals secured the Legisla-
ture, and now they threaten to reseind
the action of the Democratic Legislature
and ratify the amendment But the re-
suit of the election in New York has
placed them in a quandary. If the Ohio
Legislature has the right to upset the ac-
ton of its predecessor in regard to the
amendment, then the New York Legisla-
ture, by the same rule, can withdraw the
assent of its predecessor to the ratifca-
ton of the amendment The Washing
ton correspondent Of the New York Her
dld writes Oh the 9Th inst as follows:
'The overwhelming Democratic vic
tory in New York State and the good
working majority secured in the Legisla-
ture have again revived the knotty ques-
ton of the power of a State to recede
from its assent to an amendment to the
United States Constitution, while yet such
amendment has not received the ratifica-
ton of three-fourths of the States of the
Union. The Legislature of New York
has already ratified the 18th amendment,
and Gov. Hoffman has certified that fact
by an official communication to the State
Department. The point now raised is
whether the State of New York has con-
summated its action on the amendment
by the fact of ratification and formal
Certifcation of the fact to the central
government, or whether the Legislature
to meet next January viii have the power
to undo the action of its predecessor, and
recall the ratification from the hands of
the Secretary of State. Republican poll
ticians generally hold that New York has
lost its control over the subject; that it
was called upon to perform an affirmative
act and has done so, and that whatever
right it might have had TO re-
cede--a right which they say is
extremely doubtful under any circum-
stances-has been lost by the action of
Gov. Hoffman in transmitting to the Sec
rotary of State a certifcation of the rati-
ficatiOn. That act, they contend, stops
the next or any future Legislature Of the
State from receding The Democrats
hold an entirely opposite ground on the
subject. They argue that until the re-
quired number of State Legislatures shall
have assented to the amendment, any Le-
gislature which may have ratified it is at
liberty to recede, even though the SecTe-
tary of State may have been notified as
required by law They say that no one
doubts the power of a Legislature to rat
ify, even though its predecessor may have
refused to ratify. If then subsequent
Legislature may upset the negative action
of its predecessor, why may it not also
upset the affirmative action? The rule,
they contend, ought to work both ways.
Ohio, with a Democratic Legislature, re-
pudiated the 18th amendment, but the
next Legislature of that State, which Is
Republican, will undoubtedly ratify the
amendment And, say the Democrats,
the administration will not deny the au-
thority of the next Ohio Legislature to
take this step. Why, then, should the
administration deny to New York the right
to recede from an affirmative action, while
it comedies to Ohio the right 10 recede
from negative?
1T is a pretty ticklish point, no doubt,
and article five of the Constitution, which
treats of the subject of amendments, is
worded in such way as to throw very
little light on the question. 1t merely pro
vides that Congress, whenever two-thirds
of both houses shall deem it necessary,
shall propose amendments to this eonstitu-
ton, or, on the application of the legisla-
lures of twO-thirds of the several States,
shall call convention for proposing
amendments, which, in either case, shall
be valid to all intents and purposes, as a
part of this constitution, when ratified BY
the legislatures of three -fourths of the
several States or by the conventions in
three-fOurths thereof
''The constitution, therefore, would
seem to be silent on the point 1t merely
declares when qualification is TO be deemed
consummated, and says nothing as to the
power of State to recede or the con-
trary before such consummation isreached.
''Certain Democratic politicians whohaye
dropped in here since the New York State
election assert that it will be part Of the
programme of the leaders of the Demoe-
racy in that State to recede from the
ratification of the 18th amendment.