The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1869-12-24
The seed Of the war

hoNious EIONh II oN'ei"'
will be by the adoption of the XVtt
Amendment.
Failing to convince the people to then
views. the Confederate forces ofthe nation
are trying to defeat its adoption by ilanl
movements, and perhaps 1t will DO inter
csting to examine their strategic skill
Whenever the democracy obtained con
troll of State that had ratified the XVII
Amendment, its Legislature repealed sucl
ratification. This was done in Georgia
Ohio. and'New Jersey. New York ha'
ratified the XVIII, and the programme a
Albany is to repeal such ratification. II
the party see fit to spend their time il
whistling down the wind, it is at least :
harmless occupation. Can State with
draw its ratification Of constitutions
amendment?
The action Of the legislature in voting
upon constitutional amendment is ex
elusive and extraordinary, and is unlike
any other action. while the adoption oil
rejection partakes in no manner of The
form OF law. The legislature is known
for this purpose only as the representative
of the people, and convention Of the
people can ratify or reject an amendment
Just as well rs legislature, the latter be-
ing considered by the organic law Of the
land the same rs convention for the pur.
pose indicated. Whether the Legislature
or convention ratilies or rejects pro,
posed amendment depends upon the de-
cision Of Congress in proposing it, and
not of the States. We thus see that the
States pass upon the subject by virtue only
OF an act Of Congress, and convention
and a Legislature have exactly equal pow
ers for this purpose. Nov, If a convcn-
ton in 1868 in Maine had assembled and
ratified or rejected an Amendment, ],
would have adjourned sine die, inasmuch
rs that would have been its only duty in
assembling. 1t would be worth some
thing to be cited TO the authority for show
ing how that convention can come togcth-
err in 1869. or at any other time, by virtue
Of any authority less than law Of Con-
grcss enacted precisely as tho first was
enacted.
Having votcdupont the question submitted
to them by Congress that question passes
beyond their jurisdiction, and the conven-
ton is dissolved. So with Legislature.
After ratification 1t is dissolved for all
purposes for passing upon that particular
question.
If il be urged that distinction Is made
between n convention and legislature,
since the latter can ratify after it has re-
iected, it may be answered that so can n
If it is done before ii is dis
solved by adjournment, but neither can
reject after ratifyinS. Both are assembled
by special act of Congress for single
purpose, that of ratifying, not of reject
ing; and when that is accomplished there
is an end of the proceedings-the act is
done. Just rs when you are in doubt
whether to alter over your house or burn
it down.-if you burn it, the question and
doubt have passed away, because il is not
in your power TO now repair il; but it
may still be question with you, If you
do not burn II, until you have completed
your repairs upon it. Or. just rs two par
ties may set time To be married and
take out license for that purpose, but
may fail TO be married on the day APP
pointed; yet the parties may use that
same license fifty years hence, since the
license is granted to sanction marriage
and not to annul it. ... ....
But II this construction of the law may
in any manner be faulty, we have the
declaration of the last Congress that tho
withdrawal Of the ratification Of any
amendment by any legislature, Is null
and of no effect. We have also the rec
ognition of the XIyth Amendment by
the courts. What the democratic party
propose to do, or can do, adverse to this
behalf. would be an interesting question.
were il not the "gel-lo-rious" democracy
who were to do and propose.
They have mission to perform which,
in the emphatic language Of the West, is
nothing else than to "get up and git"
The warning went forth when the people
of this land voted in 1860 for Abraham
Lincoln. 1t was shouted along the line
from the cast to the west, down the Mis-.
sissippi and from Atlanta to the sea, from
the mouth of every muskct and cannon
fired by boy in blue. that tho fire which
was raging must consume all stubble,
thorns and briars. and that tho Republic
must come from out the furnace Of its af-
fiction. il come il may ut all, better. more
lasting and enduring. since its foundations
would be- secured in the rights of man in
America. And she will be true to the
heavenly vision. If the democratic party
mean to learn nothing and know nothing,
they must content themselves with rare
successes that can come only like drops OF
water upou Dives tongue. American
citizenship means something more than II
did before the war. and the XVIII Amend
ment declares what it shall mean, and ii
will be ratified.
BAD MASSERs.--Tho conduct Of Senator
Garrett Davis in Juggling politics into his ~
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