The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-02-04
A Convention Ofthe States 10 Amend
the Federal Constitution. -

resolutions, introduced by Senator
HUGHES into the Senate of Indiana.
They have the ring of true metal, and
their tone savors OF the times when
constitutional liberty was living flame
in the breasts of the American people
Mr.. Hughes asked and obtained leave
to submit the following joint resolution
Is. y:
Joint resolution concerning the So
called fifteenth amendment to the
constitution Of the United States, and
its pretended ratification, and proposing
a convention OF the States to amend the
constitution Of the United States. .'
WHEREAS, 1t is provided by the fifth
section OF the fourth article OF the con-
stitution of Indiana, that the number
Of Senators and Repro sentatives shall
be apportioned among the several
counties according to the number OF
white male inhabitants above twenty
one years Of age and
WHEREAS, By section two OF the
second article of said constitution the
elective franchise is conferred upon and
limited to white male citizens Of the
United States, Of the age of twenty-one
years and upward, who shall have re-
sided in the State six months preceding
the election" and white males Of foreign
birth, of the age OF twenty.one years
and upward, who shall have resided in
the United States one year, and in this
State six months Immediately proceed
ing the election, and shall have
declared their intention to become
citizens Of the United States and
WHEREAS, 1t is provided by the fifth
section, of said article two, of said Con-
stitution, that mo negro or mulatto
shall have the right OF suffrage" and,
WHEREAS, Atthe recent general cleo
ton in this State, in the year 1870
large numbers Of negroes and mulattoes,
amounting to seven thousand or more,
voted for State and county officers,
members of the State Legislature, and
members Of Congress, under and by
authority OF the so-called fifteenth
amendment to the constitutions Of the
United States; and,
WHEREAS, The said pretended fif
teenth amendment was never legally
ratified or assented to by the State Of
Indiana, not having been at any time
submitted TO convention of the people,
bnt only to the State Legislature,
wherein the said fifteenth amendment
was only voted on in the Senate by
twenty-eight Senators, viz: twenty
in the affirmative and one in the mega
tive, being less than a quorum under
the Constitution; and voted on in the
House OF Representatives by fifty-seven
Representatives, viz: ffty-four in the
affirmative and three in the negative,
being less than quorum under the
Constitution Of the State; and
WHEREAS, By the sixth section Of
the act Of Congress, approved April 10,
1869, entitled IAN act authorizing the
submission Of the constitution OF Vir
GINA, Mississippi and Texas to vote
of the people, and authorizing the cleo
ton OF State officers provided by the
said constitutions, and members OF Con-
gress, it is provided and required that
before the States Of Virginia, Missis-
sipi and Texas shall be admitted to
representation in Congress, their several
Legislatures, which may be hereafter
lawfully organized, shall ratify the
fifteenth article which has been proposed
by Congress TO the several States as an
amendment to the constitution Of the
United States = and
WHEREAS, By the eighth section OF the
act of Congress, approved December 22,
1869, entitled IAN act to promote the
reconstruction Of the State Of Georgia"
it is provided and required that the
Legislature shall ratiiy the fifteenth
amendment proposed TO the constitu-
ton OF the United States before Senators
and representatives from Georgia are
admitted to seats in Congress :" and
WHEREAS, The only ratification Of
said fifteenth amendment by said States
OF Virginia, Mississippi, Texas and
Georgia, respectively, was made and
done by the Legislatures of said States
under the duress and operation OF said
acts Of Congress and,
WHEREAS, The said fifteenth amend
ment has not received the necessary
ratification by three-fourths of the
States of the Union, If the said
States of Mississippi, Virginia, Texas,
Georgia and Indiana are or haG been
counted as having failed or refused to
assent thereto, as OF right should be
counted; and,
WHEREAS, The constitutional right to
regulate suffrage in case said fifteenth
amendment shall have failed to receive
the necessary ratification, belongs, I'M
der the constitution Of the United
States, to the States respectively, and is
implicitly recognized in the fourteenth
amendment thereto; therefore,
Resotred By the General assembly Of
tie State Of Indiana, That the pretended
ratification Of the fifteenth amendment
proposed to the constitution Of the
United States, on the part Of the State
OF Indiana, was and is null and void,
and Of no binding force or effect what
ever, ard the counting Of the vote Of the
State in favor OF the same was done
without any lawful warrant or authority,
and that protesting against the same,
this General Assembly does now with
draw and rescind all action, perfect or
imperfect. On the part of this State,
p,rporting to assent to and ratify said
proposed fifteenth amendment.
Res6loed, .t,rther, By lie authority
aforesaid, That Congress has no lawful
power, derived from the constitution Of
the United States, nor from any other
source whatever to require any State Of
the Union, to ratify an amendment to
the constitution If tho Tinted Stotoo au