New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-23
XLIsT CONGRESS-2D SESSION.
SENATE. WARRINGTON Feb

nf n ma
Senate prescribed by the Constitution and uptning
any Of any State 10 commission any man Sen
ator of the United sates II aid APPEAR from the
certified 10 10y the President Of the State Senate a. re-
qurcd by the law lilo thought the paper ought noe Le
Mr.. POMEROY REP, Kansas. SAID the Constitution
required each House to judge OF tho qualifications aud
elections OF its members, therefore De favored refer
ence 70 tho Committee 50 that the facts might be-
Mr. STEWART asked aud obtained leave to Withdraw
the papers tor ID, present IN order 70 pc ihc SENATOR
from New'fork Nlr. Conklugl TO nddicas The Sunate
Mr.. SEIZURE rep, MOI. from tbr JOINT Committee on
Introduced hy himself ist December ~ reform Tie Cy
proyae. appointment by the President, rh Tie ,oa,.rts
the SrDa Of civil er'io@ board Of niue c'rsr' sh stsH "
a1d grade Of tie civil 'e AID er,w's appa"i. @ 'urA - '
C5r js, ~, C.so ' lo S, sr ,h me s 80
Toe ho.sy Of kgg'eal'r '9d thereafter al o",,
dqly qualified pader tie rEal'ten' s'''bi,'.rd |.
~, ~, to h. eS s4. 4P,@e9s's By bod 81 . e'"tsp
The Board cal to o6 the G'e and
may required B, toe rost to au to ,e e., Il eI.ai1,r@S
Older, oa b position. @ h ,,rs o. sgr ,s hc y, d.ss
BoT b & On ' p"'a 90 @ ,s' OF sn. d" g.:
be appointed TOR twelve rear, buto the srt npoD',d br,:
,a appointment to ali oi,,, tai ary ca Oh sqas sei
THb FIFTEENTH AMESDAENT.
Mr.. CONKLIEG Rep " -, from the Committee on
the Revision OF tho Laws, recommended the indefinite
postpoDemcrt Of the consideration Of the resolutions Of
the NcwYork Legislature. resembling The ratification Of
the Fifteenth Amendment. lie spoke follows:
Mr. PRESIDENT. tho fate OF the Fifteenth Amendment
does not depend upon the action reaction Of the Legs
lature Of NewYork The formaltcs Of is existence
not now be aided by adding to the column 81 approving
States the greatest State Of all It's hight be longer
rests with any single Legislature The required states
appear without turning toward NeW-York aud uiufiJ
has a challenge for the proceedings Of to-day that chal
All NJ Nork
has taken in this constitutional as.zc. Ncv-Yor rat-
fed the Amendment. Legislature has assumed TO
unsaY her ratification; and though the Amendment
would not be affected by retraction, were retmcuon
possible, stl question has been asked which deserves
an answer. A doubt ia raised in which New York has
concern OF her own and concern In common with al the
States It concerns Ncw-York 10 know whether
transient partisan majority may snatch from her
archives the completed record Of her will touching
national ordinance Of human nights. u concerns her
people 90 know whether factions hot breath can lntlt
her seal from great decd ~ composition and turn 10
ashes her execution Of testament made for after gene
ratOns.
IHB ORIGIN AND NATURE oP TIE POWER EXEEcisED BIT
STATE.
To see question clearly and TO ace it all, to see
tho answer also. The ratification OF constitutional
amendment not the exercise Of legislative power de
rived from tie people Of q State 10 Is not power re
served by tho States or Inherent in the States. 10 ss
specific function derived entirely from the (ousttuionot
9ic United States This lSits origin WHAT snaiurahd
II is the right 10 give consent. more. Consent may be
given by a State or course u may be Wiihhcldr~e
there could no option 10 exercise, no act n do such
being the origin aud such the nature ana measure OF Jus
power, whence can come the otei ana Nhle,t lnMett
from the ethical principles and canous which mautah
the ri glt OF parties well States rs individuals To re-
treat from imperfect To revoke assent 10
still IN treaty The argument J. tl an amend
tuition only when approved by thrcc.quaUcrs % the
States; its validity result only from the agreement
S S cs be ,mSndt Is but An anaccepcd prop.
OsitiOD imperative and ihchoate
WHY NETWORK CANNOT RETGACT
The argument embraces two errors. FIRST; Powers
different IN origin aud nature confuunded SECOND:
Act. and subjects Of action unlike each other treated
Al identical Nations and men bargain and conducs
ordinary transactions in virtue OF natural right or OF
powers aided or interpreted BY natural right Here We
encounter broad distinction Natural right, nour'hea
by amendments aud fed by many sbIi,s = cs
general in attributes Il extends /" ht tuh-tu,s
whatsoever In which 10 IN, NOT bren 'oul-,' w
or rclinquished by the party himself Hence atoh Q.
individual having right to eniet IN" ~, ~
gest has right also 70 halt aud turn back 90 se'n 1na
il is always IN TO halt untl the olheI parry HAS
IN The case before us the power from The bcgnnines
wholly different. II Is an artificial ara lmlird p,N'tt
words It il chartered permission, an elective "Hr-
tuuity Conferred by enabling clause 81 the '"hNt
tuition. 1t can draw to it, aid nothing rom Gihyl Sn"
and nothing OF intendmeut even from It's solitary ,'"ve'
Permission to alter the Constitution at an :, W ''-
on of the Constitution and Of the common ucht whch
the Constitution cmbodics. Prcsulnplions and Mfr"d.
IL,
them. Rules OF Interpretation e'taDl,>lru D r'a ~ ~
authority. Restrict rather hah az phiy ordinances lac
this IT. therefore, at time more than at another.
or II at any the right exists to undo or rcvukc OF
rcscnd the ratification OF constitution HmrlH'ueI-
it must be found the Constitution l,cli, cItherrx
prcssly laid down. resulting necessarily rom w'in
which are Laid down Those Who profess 10 Hy'tu ine
power should be able 10 lay their uger 1t In the text
That 1t not IN the letter we know. th't u II w 'se
spirit cannot be proved. ANA therefore lhat u t'n 90
found I'm either legally untrue. ltf"loW' bat l'rad
of a case in night 10 rctract depend, upon the
diligence of it, exercise we have case in when ,nFr
tiplf Ia rot
which one party must rctrac before the Other a'4'ts
a right to object We have 'asc ih VINO" TIC ''7"'
retract was wanting from Hc beginning
No STATE CAN ORIGINATE Al AMENDMENT
Having referred to the absence OF analogy eiheri
scope or quality between the general and inherent is'
OF parties TO determine their own agreements an" te
special and delegated elective right to raiiy ane"
ments 10 the Constitution ask whether ANALOGY y Do'
also wanting between the acts 10 be done eve" VIZ"
separated from the powers arpl191oo !" w., rat
olirru lion OF she Constitution OF The unIe" nus
in legal acceptnon mai', cS 1r orratc AN amend.
,cf or prryeut its submission. Al the ela'c. 'oI''
ranuot waive tho ruitGcauon of tlrce'i"'rtuS a,rl
,uriIs have rautcd All the States tos,i her can.
not at any stage ad or pcril single u. iI,nrr-
20 revoke 80 ratification. aud here We hl'' a ,'.,Pt
sable element of contract or tISa's,i nor can a
itself prevent an alteration of tue tOislu % tL m.
oven avert from itself the action ~ alteration ,.
other states may sanction. state may ~ 5000
vhplly foreign to IL. be HhDetlc ~ ~" arb ,ain.t
ccIv,i aud contaminated without i' ''"
a r constitution league between siaes; Il y
n", ycr,ncnt subsistiug between states "a solemn
S'c,il,,k of American people. Indt lhe oIa.ts, ",L
M,iy ar in seycray are not She PARTIES TO H. has
I'm I,rls,rd hS the S.ptcmc Com aultu'u Nv an
,,rincns Of the Government. and established ~ N'
i ~, ,c,cr We. the people If the United SlairN
siys The preamble, do urlhih auu rHl"HSn W., Ill.
';iutnu The states did not do IT, the American P"ls
r. and so The Constitution testihcS lhiS ldtt i VIC
f,trcr which rebellion rose To break; tins Is inc r
cord which treason camc with bloody and WIN s,',h.
fingers to uuoosc: TINS Ia the prnelpl'' male ~ a..
buld,r.. the head OF the eo,Hcr Wsl,h con- ,.b Tue
rims of this principle To become the ""unu,