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

y or members that they received authorii
). from the people, acted for them, or wei
II the agents or representatives of them. /
b the first formation of the Constitution q
IS the United States it was proposed to Ii
a States, and nine had TO ratify it before
became the constitution-this was don
: by each State calling a convention, upo
q whom authority was conferred to ratif
or reject, as the interest of the people bes
demanded
Eleven out thirteen ratified the same
North Carolina refused to ratify, therefor,
elected a second convention in 1899
which after due consideration ratified sale
constitution. Rhode Island never callej
any convention at all till $780, which, af
ter much discussion, ratified said consti-
tuition. Here my views are plainly car
ried out in the origin of our Government,
when no motive or inducement could
prompt action, save that of patriotism, as
pure aud indebted as the icicle that hangs
upon Diana's Temple, OF the flakes of
snow that ride upon the wings of north
em winds.
Every amendment to the Constitution
| of the United States up to the Thirteenth
has followed the same channel and con-
structIOn of said Constitution that / have
last above presented. Then, is it not
| conclusive that 1t was never intended to
take the power away from the States to
| say what Legislature or Convention, or
whether a Legislature or Convention
chosen before the amendment was pro-
posed, should ratify or reject It GER
| tainly is that way.
The rule adopted in constituting a Con-
| stitutiOn or law is that the intention of
the trainers must be carried into effect.
If no ambiguity arises from the language
of any clause or section it explains itself.
If doubts exist, then the whole COnstitu-
ton must be looked to, the end the
trainers were trying to accomplish, and
the surrounding circumstances. In the
first instance | think the language of the
fifth article clearly carries cut my idea;
but suppose it does not and doubts exist,
what was the object the trainers had in
view! II certainly was only to give the
United States right 10 make an amend,i
ment when three-fourths of the States
absolutely needed it, and not to abridge
.he rights of the States, only in this way.
Who was TO be the judge as to whether
or not the States needed an amendments
Not Congress hut the people Of the States
through their Legislature OF Convention. |
Who was 10 select or call this Convention
or Legislature and give it its power2 Not |
Congress, but the people of the States re- |
spectiTely. Then does not this cut off all |
escape and drive US to the conclusion that |
the State or SiaJes hSYe q right to say |
that a Lcgisa,ur Convention elected |
before the amendment is proposed shall. |
not act on Il. Suppose Congress should |
propose an amendment TO the Constitution /
now would the Convention or Legislature
now sitting have any right to ratify it?
| think mott was not the intention of !
the trainers of the Constitution to deprive |
the people Of voice through their dele
gated agents in the formation of the
supreme organic laws by which they were
to be governed.
The Convention Of Illinois lately as
sembled had this question under consider
alton, and think viii adopt it as carrying |
out The true spirit of the Constitution of
the United States. A subsequent Legis-
laturc in New York has rescinded the &C
ton of q previous one that ratified the
Fifteenth Amendment, upon the ground
that it has not been adopted by three
fourlhs of the States, hence not yet part
of the Constitution of the United States,
and that no State is bound by it till il does
become a part of said Constitution Then
an amendment cannot become a
part of said Constitution by the sanction
Of State, except through the Legislative
or Conventional body selected by the State
for thatpurpose.
With the great legal lights before me
that framed The Constitution of the
United StatCs-wilh the actions and recOg-
nizcd views of all the States up to the
late war and the majority of them since
with the views the powerful jUrists that
have declared and established the rules Of |
common law for England, in Europe,
and for the United States, in America,
from the birth of Christ-and guided by
that reason that conducted man over the
bosom of the pathless ocean, l am clearly |
convinced that this Convention has a
right to put a clause in the State COnsti-
tuition similar TO the one l propose. JUS
tice to our people demand il, TO remove |
the dangers in the future, and prevent the
frauds and impositions that have been
praCticcd in the Thirteenth and Four
teenth Amendments upon the people from
being repeated, and set at rest all contro-
veTsy on the question. Have not our
people felt sOre-afilictcd for want of such |
q clause, and been lashed by corrupt legis-
lativc bodies with scorpion tails? hope
the wisdom and purity of this body, for
the sake of our constituents at home and
security of their political right, will
adopt tHis or a similar clause; and, in
thank this body for the kind
they have given me while
speaking.