Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-09-10
Another Variation Of the Amend.
ment SwindIe.

untnt
From the Anzeiger.1 sa
A few days ago new Legislative As
sembly was elected in Tennessee, whose
lawful term commences some time in Oc-
tober. In the meantime, the Assembly
formally preserves its lawful existence.
We say formally, for evidently the new
| Assembly alone can be regarded as the
true representatives of the people. For
, this is the essential significance of such
an election, that the people express their
opinion and will in regard to the merits
or dement's of the former Assembly and
of the previously ruling party. 1t is,
therefore, only natural that the old Leg
islature is no more convened, except
when the law expressly requires it, as in
cases of absolute necessity but that the
new Legislature does all the regular busi-
ness when its own term commencos.
Now it happened that the Radicals in
Tennessee were defeated by majority of
| 63 600, and that nine out of ten members
of the new Legislature will consist of op.
ponents to Radicslism. The Radicals,
therefore, fear that the new Legislature
may object to the ratification of the Fif-
teenth Amendment. In order to escape
this danger, they insist that Governor
Senter, who previously belonged to their
party. but owes his election to the Dem
ocrats, should convene the old Legisla-
ture and make them haste to accept the
amendment. 1t is even asserted that
Governor Senter, who is in favor OF the
amendment, has agreed to call together
the old Assembly.
This proposition offers characteristic
feature of Radioalism. 1t, in reality,
means nothing else, but that the will OF
the people, as spoken out by majority
of-65 600 voters, shall be overruec; that
the party which ruled in the oldAssembly,
and which was solemnly condemned by
tho people, should still be regarded as
their true representatives. Certain ultra
Radical newspapers advocate the right OF
the voters to recall their representatives
at any time. In the present case the old
Assembly was legally recalled; for the
people held a new election, and defeated
the party which ruled the old Assembly.
In the very form established BY
law. the people declared that the oldLegis-
lature had lost their confidence, and yet
we foresee, with certainty, that the same
newspapers which advocate the right OF
recalling representatives, will applaud
the meeting ofthe old Assembly in Ten.
nessee and its doing the very opposite OF
what the people at the last election de-
clared to be their will. We are unable
to foresee whether the new Assembly
will or will not agree to the amendment.
But it is at any rate q mockery OF the
will of the people and Of this Federal
Constitution, if the decision of such
an important matter is left to the old,
defeated and morally condemned Leg
islature, and not to the new one, which
has lust been elected by an overwhelm-
ing msjority. And yet this new Mexican
puzzle operation cannot change anything
of the final result. The old Legislature,
assembled in an extra session, is formally
entitled to decide on the amendment
But the new Legislature is just as fairly
entitled to reject the decision OF the old
Legislature and defeat the amendment as
long as its adoption or rejection by the
Legislatures of three-fourths of the
States is pending. For the sin1ut.
faneou, acceptance OF three-fourths of all
the Legislatures is required In order TO
make il part Of the Constitution, and
one cannot count Tennessee as being in
favor of the appointment, if at the mo.
ment ofits promulgation by the Federal
Government it was reconsidered and re-
iected by the Legislature of Tennessee
This Tennessee case evidently shows tina
the opposite interpretation OF the Consti.
tuition is equivalent to fraud committed
against the will Of the people. Mr.. SEN
ter, therefore, will not secure the accept |
ance of the Fifteenth Amendment by |
convening the old Legislature, better
than it would be secured without this
measure. .