Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-04-05
THE FIFTEENTH AMENDMENT.

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and purposes as part of the Constitution of
the United States, and the accompanying
message of the President
In order to make out the necessary three
fourths required by the Constitution, the
Secretary was obliged to count Indiana, Viz
ginia, Mississippi, and Texas. In regard to
the first State, Qndiahn), we believe the fact
to be, that before the requisite number of
States, including herself, had ratified, she
withdrew her ratification, but the Radical
Governor refused to certify her rescission to
the Federal Department of State. Upon an
appeal to the people Of the State, they had
emphatically declared against it. Her ratif>
cation, therefore, whatever may be said as to
its regularity or irregularity in form, is, in
fact, and essentially, contrary to the will of
her people. The Radical party, in this in
stance, has again demonstrated their contempt
for the will of the majority, if opposed to the
interest of their own party.
In regard to the ratification of the Southern
States its validity depends upon the consti-
nationality of the Reconstruction Laws, ques-
ton upon which the Congress has closed the
mouth of the Supreme Court. We have every
reason to believe the Court would have pro-
nouncod them unconstitutional They were
admitted to be so by those who enacted them
at the time of their passage We have never
known single sound constitutional lawyer to
pronounce an opinion in favor of their con-
stitutionality There is not a syllable in the
Constitution to authorize their enactment
We conclude, therefore, that tho ratification
of all the so called RECONSTRUCTED States" is
a mere mockery, invalid, and worthless. The
very class to whom the enlarged franchise was
intended to extend, were allowed to vote on
the question of their own acknowledgements,
in violation of every principle of sound gov
eminent.
More particularly in reference to the States
of Virginia, Mississippi, and Texas, they
1sf1iSs-4l before their admission into the Union,
and under duress sc Federal usurpatiop and
coercion They were to be counted in the
Union for the purpose of ratifyiug, and out of
it, for that of rejection. A large and iufu-
entail portion of their populations were dis
qualified by Federal usurpation from particle
pating in their legislation. Contrary to the
Constitution, they were deprived of represen-
tation in the House of Representatives, and
the Senate. Even the Radical party should
blush to count the vote of these States on the
question of ratifying constitutional amend
Ment.
The very phrdseOlogy of the Amendment,
and of the proclamation, and accompanying
message, shows how far we have driftcd from
the ideas and principles which underlie the
Constitution. For instance, in that instru-
ment the word Congress" without the def
mite article "hte' is not to be found, except
once by an evident typographical OMISSION
The very article which authorizes amendments
to the Constitution never omits the definite
prefix ''the." On the other hand, the I'd
section of the new amendment says :" Congress
shall have power &c, aud not SHE Congress
shall have power &c"
Again: there will not be found anywhere
in the Constitution any expression which
qualities or distinguishes the United States as
one body polite, constituting nation, or a
people. When any legislative prohibition is
intended to extend especially to State and
General Government, it is declared that the
power shall not be exercised "by the United
States, or any of them" The idea of multi
plicity and distinctness of component parts is
thus constantly exhibited in the Constitution.
In this new amendment, the language is
changed, and the heresy of utilization of con-
stituent parts prominently embodied.
FTnon the whole we regard the Fifteenth
Amendment as no part of the Constitution,
and not binding upon any State. Until, how
ever, this question is set at rest By the proper
judicial tribunals the several States can only
recognize it as the supreme law of the land.
We believe that this question of suffrage
should have been left to the States respec
lively. We should not have feared to meet it
whea it came up in West Virginia, and to
have conferred suffrage upon such colored
men as gave the usual evidence Of residence
and permanent interest in the community
which property and Intelligence afford. As
IT is, We advise acguicsccnce in the action of
the Federal Government until the same shall
be pronounced unconstitutional
RE Collector Bailey, of the fortv.second
New York Internal Revenue distric. has alb.
seconded. This is the largest district in the
country, the collections amounting to about
S2O,OOO,000 year. The amount embezzIed
by him is large.
re- The U. S. Marshall for West Virginia
is making his appointments of Deputies for
taking the census.