The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1870-01-25
4 Bit OF Radical Record on Re.
sCinding Publications.

4 Bit OF Radical Record on Re-
sCinding RatificatiOns.
New York, last year, having Rsdi
cal Legislature, ratified the Fifteenth
Amendment: New York, this year, hav-
ing Democratic Legislature, rescinds
that ratification.
The Radicals thereupon proclaim with
great vehemence that State cannot
withdraw its ratification. They set up
this claim in order that they may count
New York for tho amendment
Ohio, last year, having Democratic
legislature rejected the Fifteenth Amend
ment: This year, the Radicals having,
tor at least claiming) majority, with
charming consistency, withdraw that
rejection and ratify. This is done in
order that Ohio may be counted for the
amendment.
Upon the question whether State has
or has not the power to rescind a ratifi-
cation to an amendment before that
amendment becomes a part of tue Con
stitution, CHARLES O'CoNNKR, the fore
most lawyer in America, wrote and pub
lished carefully prepared opinion. Sub
stantiallv his reasoning is about this ::
No one party is bound by contract
until the other parties to it are bound by
it. Until q proposed amendment be-
comes part of the Constitutions the other
parties THAT is, the States not ratifying)
are not bound by it; therefore the rati-
fying States are not bound, and may
legally rcscind their action.
But to argue this question is not ex-
actly our present purpose.
Every Radical member of our State
Legislature now maintains that a State
cannot rescind its ratification; every
Radical Congressman from Ohio, nearly
every Radical editor in Ohio, and every
Radical leader in Ohio insists upon it
that such rescission is illegal, unconst-
tutional and absolutely null aud void.
Now we want the reader to bear this par
agraph in mind while he reads the fol
lowing, copied from the Laws of Ohio,
vol. 81, page 1S2. The resembling reso-
luton will be found among the bosh near
the end of the extract:
JOINT RESOLUTION,
Resembling resolution passed May f3, 1861, re-
| lative to amending the constitution of the
United States.
WHEREAS, on the thirteenth day OF
May, A. D. 1861, the followlngjoint res
elution was adopted by the general as
sembly Of the state of Ohio, to-wit:
WHEREAS, the general assembly has
received official notification of The pas
sage, by both houses of the thirty sixth
congress, second session, of the follow.
ing proposition to amend the constitution
tof the United States, by constitutions
al majority OF two thirds thereof:
Recital. Joint resolution to amend
the constitution Of the United States
That the following article shall be pro
posed TO the legislatures of the several
states, as an amendment to the constitu
ton of the United States, which, when
ratified by three -fourths of said legisla
lures, shal. be valid, to all intents and
purposes, as part Of the said constitu
tition, viz: Article XIII. No amend
! ment shall be made to the constitution
which will authorize or give congress
the power to abolish or interfere, within
any state, with the domestic institutions
thereof, including that of persons held
to labor or service by the laws Of said
state and
/ "WHEREAs, three-fourths of the legis
latures of the said states composing the
/ United States, are required to give as
sent to said proposed amendment Of the
constitution of the United States.
"Resolred by the General Assembly o.
the State Of Ohio, That we hereby ratify
! in behalf of the state of Ohio, the above
recited proposed amendment of the Uni
ted States. Htl
"Resolred, That a certified copy Of ths
foregoing preamble, and resolution b
| forwarded by the governor to the presi
dent Of the United States, with the re
quest that he lay the same before con
gress when it convenes." 1isl
4 AND WHEREAS, this generous effort a
pacifcation and reunion has met with nc
1 response by these rebelIious states o.
.lpeople, but, on the contrary thereof,the'
[haye perycrsely and wickeelly held ou
in their effort to build up their institu
i tion of slavery upon the ruin Of our ma
tonal government;
\ AND WHEREAS, the supposed necessity
lfor such an amendment to the constitu
ton has been removed by the events O
/ the war for the preservation of the Union
and the continuance of such resolution
in force as the expression of the public
sentiment of the people of this state, il
an impediment to the free action OF con
igress in the present exigencies Of til,
country, as well as q misrepresentation
of the public sentiment Of the people o
Ohio. and contrary to the spirit of tn
age;
| Resolved By the General Assembly o
i the State Of Ohio, That the aboye-recitet
resolution be and,the same is hereby re
scinded.
i Resolued, That the governor be reques
ted to forward certified copy of thes
resolutions to the president of the Uni
ted States, and also to each of the gov
! ernors of the respective states
4 JAMES r. HUBBELL,
SpeakerQf the House OF; Representatives.
i S. HUMPHREVILLE,
4 sPresitlentpro tenn. OF the Senate.
u March 81, 1854. 80
] There it is. A resolution rescindini
! the ratification of constitutions
amendment. 1t was passed BY Rad
cal legislature. 1t was voted for by ey
cry Radical member of that Legislature
who voted at all. 1t was approved b