Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-07-01

the Legislature thereof for six years."
As was well and ably argued by
Governor Bramlstte, in his message
to the adjourned session Of the Legis-
latuse, delivered January 8, 1867, &C
compsnying which was the resolution
Of Congress proposing the Fourteenth
Amendment: "The Congress, as de-
fined by the Constitution, consists OF
a House of Representatives composed
Of members chosen every two years
by the people Of the several States,
and a Senate. composed Of two Sena-
tors from each State, chosen b. the
Legislature, twO-thirds OF whom Il. e.
the members chosen to each House)
must concur in submitting amend-
ments. An amendment, therefore, is
not proposed to the States for ratihca-
ton, unless IL has been passed by q
vote Of tWo-thirds of the members
chosen 20 the Senate and House OF
Representatives. By another pro-
vision of the Constitution, a majority
Of each House shall constitute g
quorum to do business; but it requires
fwo.thirds of both Houses of Congress
to propose amendments. A quorum
is not the Senate or House, but only
a majority Of either, and only author
lied to do such business as a major,
ity Of either House could pass, if
all the members chosen were
present and voting. All the men,
bers chosen to either House in
the prescribed form must be cOnsid-
cred as members composing the Con-
gress' until, for defectin the election,
returns, or qualifications their seats
be declared vacant by the respective
houses. That they are not permitted
by a majority to take the oath o Of1ce
does not destroy their membership;
Il only prevents their individual ac-
ton rs members. They, by the con-
stitutiOn, when chosen, become MEM
bers, and are entitled to vote, and be
counted as component members OF
Congress, until their disqualification
and exclusion from seats have been
determined bytheir respective houses,
and their seats declared vacant. For
it must be borne in mind that it is not
the oath of office that constitutes them
members, but they so become by vir-
tue of having been chosen in the
manner prescribed, and they take the
oath Of Office because they are { men,
DELa- UUL u huhG LuEAl AAlAAlDElEs
The power to
amend the organic law was more
fully guarded by the trainers of the
article, than the power OF impeach-
ment. 1t only requires twO-thirds of
a quorum, or of those present con-
shutting quorum, to impeach an off,
Ger, but to propose amendments to
the Constitution, tWO-thirds of both
Houses of the Congressional two
thirds of a quorum, or Of those pres
ent. but of both Houses-must concur.
The resolution submitting the four
tenth amendment came not with the
sanction Of twO-thirds of the members
chosen by the several States to the |
Congress; twenty-five Senators
chosen by eleven States, and tifty-five
members of the House of Rapresen-
tatives chosen by the people of eleven
States, not being admitted to seats
nor counted in the passage of the
resolution; it was not, therefore, con-
s~titUtionally submitted.
This is the view entertained not
only by Governor Bramlette, but by
many of the ablest lawyers In
the land, and we have no question as
to its correctness. If il be correct, and
yet if there be no remedy, as the Com
merciaL and the Radicals contend,
outside Of the dictum of the ''pOlitical
department. oftheG Government, then
the idea of our judiciary is farcical.
Our judges simply amount to a set
of srbitratOrs, to settle personal quar-
rels; for the political department.
may seal their lips at pleasure as to
any question OF Interpretation of a
grade, by pToclaiming an
amendment TO the constitution, which
they must obey implicitly, without
question, except to ascertain that
the said political department has
DronOunosdi il TO bean amendment-a
proposition, the statement Of which is
"a .s,-E -,E,A,N.-, 4