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

On The following amendment introduce
by him as an independent section
the Constitution Of 1894 to-wit:
d That when any amendment or amen,
incnis 10 the Constitution OF the Unite
States shall be proposed in the scyer
States thereof for ratification OF rejection
no Legislature or Convention Of Ia;
Slate shall act on said proposed amend
meut or amendments unless elected afte
The Congress or Convention Of the Unite
States proposed and submitted sal
amendment or amendments 10 the seycra
States for ratification or rejection.
Mr President 1 appear before uhi
body to-day TO reason upon the c1Bstitu
tionality of the measure contained in my
resolution. Impositions and frauds have
been practicod upon the people since thC
late war for the want of a clause in ON
Constitution of 1884 Of nature similar
TO the one here presented.
The powers of the General Government
are delegated, and those not delegated 10
the United States, nor prohibited from
the States in the Constitution Of the United
States, stiil belong 10 the States or people.
lRDrder, therefore, that the United States
dIthOriios may exercise a power it must
aiise either from the express words OF said
Constitution, or some necessary implica-
ton; that is, no implied power exists eX-
ceQt those necessary 90 carry into effect
the expressed powers To show that this
Is true and recognized as so by the great
national lights of the past, call your
attention to the first volume of Story on
the Constitution Of The United States,
page 296, sections AZ and t18.
Is there any clause, article or section
IN the Constitution of the United States
declaring what particular Legislature or
Convention Of State shall ratify any pro-
posed amendment 10 the Constitution Of
the United States, or that it shall be done
by Legislature or Convention indiscrimin-
atcly! Is il necessary % carry into effect
any of Che express powers that such a
power should exist by implication? Can
not all the express powers be carried into
full force and effect without this? They
certainly can, for they have been from
the origin and purity of our Government
io the close Of our late struggle Such
a thing as a Legislature or Convention Of
"a State sitting or in existence at the time
Congress proposed an amendment to The
Constitution Of the United States, ratify-
ing the same, is a mOusTosity in n free
country, and contrary to the nature and
genius Of our republic.
The question next arising is, Does the
Constitution Of the United States prohibit
the States from exercising the power
here contend for. If so, where is the
prOhibitoTy clause OF section either by
express word or necessary implication to
be found. ] have searched the CJustitu-
ton from beginning to end, and have
failed to find it. Though I do find this
clause in substance that all powers not
granted to the United States nor prohibit
ed from the States in the Constitution are
reserved in the States or people, for a fhil
explanation Of which | refer to the "a
volume of Story on the Constitution of
the United States, page Gl2, section !, 9O7.
Examine all The stars of" our legal and |
political HORIZON when first they appeared |
in or National firmamcnt and thew sue
CessCrs as the gentle waves Of time gradu- !
ally submerged and buried their lights |
from Us up 10 about the close Of the late |
struggle that mhiHgci the Governments |
aNles-sct the nation 81 boiling, and float |
el the filth and dirty scum to the surface, |
while the boiling continued. and the |
answer Of ALL both from word and action |
is, that the power here contended for J
must be 5DmnWhart-th il cannot be in |
allegiance, and that thc same is not in the |
United States, hence must be in the States |
according TO the clauses as above specified. |
The fifth article Of the Constitution of |
The United States points out the only way |
by which amendments can be made 10 il. |
There are but tw0-Ouc by two-thir.!s of |
Congress proposing the Amendment, the |
other By the application of two thirds Of |
The Legislature Of The States. Now let |
every mind here pause and mediate, think |
calmly and deliberately, how are these |
proposed amendments 90 become "a part Of
HE funlamanlal and general law of our !
land Certainly not at the will or option
of the twO+mrls of the Congress or |
States that proposed them: for j this was
SO, 10 whom would the proposition be
made and why the necessity or a pTopO-
litiOn How clear then il must appear to !
every thinking mind that 1t is not thc
of either Of the modes above
specified that makes any proposed amend !
mcnt 81 part of taa Constitution of the
United States To lake such a view as
this would strike from existence all State
right, lines. and organization, take all
power o8t of the people OF the United
States and make this government a con
centrated a;isIpcrary-w and totally
foreign TO lhc viii and intention OF the
first trainers whose clarion voices shook
the walls Of Philadelphia when framing
il. and the hOOl-slaincd revolutionary
soldier whose dying cries thrilled the air
with sounds rs lonely as the voice of the
swan, that never utters a syllable till
deaths ruthless arrow has pierced his
breast
Whether t,c proposed amendment be
made by twD-lijIis Of Congress or by
fwo-thirds Of ,ha Legislatures of the
states through Congress, it must be made
too 10y at least ihrce-fourths Of the
States .u The Union, al Of which must ac-
rr,t or r0fy il, either by Legislature or
Convention. before Il becomes part of
the Constitution. The very article itself
] am UDw considering leaves ii OptiOnary
with Tire STATE. either to ratify or reject
amy propose, amendment, also 20 DO the
SAM. either ,y o." legislative body or in
convention.
tI.r. fuy State. N.rome parties 10
ih. contract, sac recognized and
treated 8. saci-un possessed of a free
Wi. and allowed o. control it-can either
g.. sf