Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-22

N-SoiAAg bAb lblAtlc'Al ~ ' e1'N " .
sufficient heat to burn all the noxio
gases and our Government become
healthy and sound republic again.
Since the formation Of the United Stat
Constitution only fifteen amendments ha,
been proposed to Il.
Thirteen have been ratified by the Lagi
laiures Of three-fourths OF the Stales-0n
claimed to be by the Radical party, an
one now pending for ratification depend
ing on the bayonct for success. OF fhes
! fifteen amendments Congress progosed ey
cry one, and if l am not mistaken. moi ON
has been ratified by a Convention is,an
one Of the States. Then is il not ris;5l
70 every philosophical eye, and plain (,
every mcditating mind that there lisa ~Feaf
er desire on the part Of Congress. to in
! crease the powers of the General Govern
mcnt, than on the part of the States
How natural this is, because it increase.
| power in the former and diminishes thu
the same in the latter. Thence arises tht
! great necessity on the part OF the States tC
watch closely and consider well every bro.
| posed amendment before acting on the
same, either in Convention or Legislature.
At the time the Constitution of the UnIfed
States was formed the clause allowing
amendments was placed in the Constitu-
ton only upon the ground that theyshould
first be proposed to the States, and that
each State have the privilege OF ratifying
or rejecting the same. The great object
OF the Convention that framed our funda-
mental law was that no amendment should
be made unless the welfare of the whole
people demanded it. or at least three
tOurths Of them, and in order that il might
be ascertained whether the common good
demanded any change, ample time was
given EACH State to consider for itself and
railty or reject. SO, from the very terms
OF the clause allowing amendments, de-
liberation and time for the people of each
State to think, was one of the leading
ideas in the minds of the wise and patri.
oiic body that framed our organic law.
Hence, instead Of this clause, of which I
am now speaking, taking from the States
the power and privilege Of time to think
aud consider of proposed amendments,
1t clearly gives it to them. How can any
State Legislature or Convention, sitting at
the time an amcAlment is proposed, know
what The matured will of tue people is
until they have had some expression from
them or give them a chance to consider
and think about the matter bv discussing
the same before them! Instead Of its be-
ing in conflict with the Constitution of
the United States for a State to say in IFS
Constitution that Legislature or Conven-
ton sitting at the time the amendment is
proposed shall not act on the same, il is
in direct accordance with both the letter
and spirit of the Constitution. Twelve
amendments 70 the Constitution of the
United States have been ratified by Legis-
laturcs of the States chosen after the
were proposed, considered
and medItated on, with view to the rati-
fcaii0n or rejection Of said amendments.
So this plainly exhibits 10 our minds that
in the origin and growth of our Govern
mcnt, till of late years, the understanding
and construction given this clause by
precedent and otherwise bv those great
statesmen who knew most about il, suf-
t2rcd most TO make il, lived nearest 10 it |
and felt a greater interest in sustaining
il in its pristine purity, is that each State |
had a right 10 select the Legislature that |
ratified or rejected an amendment to the |
Constitution of the United States. The |
Thirteenth and Fourteenth Amendments |
were ratified in a majority of the States
by Legislatures chosen after the amend |
ncnts were proposed, still carrying ont |
he original idea of the lights |
hat shined before the war. But |
not 50 with Tennessee Her Legislatures
hat ratified them were elected before |
The amendments were proposed and |
hey ratified them contrary to the will |
md wish of the people The people had
10 voice in thcm-had no time to think |
about thcm-hcarj no discussion on them,
md neither did or could confer any AL
hOrity upon either Of The LcgislatiYcs to
atty or reject said amendments. Is II |
he object of either jhe Common or Con-
titutioHal law Of OlIr country, TO become |
Ha Instrument Of fraud in the hands Of |
l7ugpus, and enable them to practice
mposirons upon The people in whom all |
sovereign power IS vested and who alone
nave right Co say either CR n7UsSe or |
through their representatives what laws |
shall govern them? EGtomb the pro- |
found jurisls that have slept for one |
thousand years, and ask the single |
question as to what has been the object |
Of all law, and the answer viii be in one |
unanimous voice, that frauds are legal |
1yisons and odiOus il law, hence the |
great study of all law makers has been to |
sXtirpa'C il as near rs possible from all |
Constitutions. The objects Of The com /
mon, ..s,-..,r-,,f,r from, 1,srlb Of
Christ tu the present time in al It's rules, |
and of every construction from the |
NAGNA CuAHTA and al laws made in |
lccurllacc Herewith have been to pre- |
vent fraud, which assumes as many |
shapes IN a single day as human tongues |
coGld count, and the legal world has been |
SD cniouuGcd in attempting TO advise |
some plan 20 crush it in all its frauds, |
that they have failed to make any law |
that would do more than check its course |
for the time being 1t is only when |
corrupt men get into power that corrupt |
laws spring up, for it is the clouds that |
]uh.n the heavens and carries out the |
Jewish idea that nothing good can come |
from Nazareth. Evil purposes often,
like Inc darkest clouds, present a silver |
e g ur bright tiuge In front, aJ1 only |
.a-r llr eye back in rear Of the linEa, to |
view the inward regions, and the sight is |
lost FRI darkncSs and horror as if con
founded with pandomouim.
The framcrs of the Constitution of the |
United States, in theirpul,ty and wisdom,
did LOT claim any powers for it, save
thos. embraced in il at the time it was
ma1.. nor TO take any away by amend
meat. except 10y the consent of the States
3hr0u-r their properly organized channels;
and d. 10 required The free viii of the
people Of the States to be given in form
ing III. Constitution by conventions che
sen from and 10y the States at the time
they fixed and in the way they desired
before IL could become the Constitution,
ever State called its convention with a
view fo the rejection or ratification of
said Constitution. Here the voice of the
PEG was heard and they were repre-
scented. Can it be said that amendments
to the Constitution are put upon higher
grounds than the Constitution itself,
when the very clause authorizing amend
meI Is is a part of II? | answer, certainly
not Then the States have as much right
to he heard by its people in selecting the
leg, or convention that ratitles or
rel cts an amendment 10 said Constitu-
ton with a view to that purpose, as they
did in elCCting the conventions that made
the original Constitution. Such is my
Yicw and | think consistent with the laws of
Co. common law of our country, Con
siifntIOn of the United States, amendments