American citizen. [volume] (Canton, Miss.) 1864-1890, 1872-03-09
TRUE DEMOCRACY.
Extracts from the Speech Of Judge
Craddock, Of Ohio.

it is fundamental, and is not within
the power of the Legislative, or any
other department Or fi.nctiOnary,
created 10y it. And whilst it is made
subject to amendment, it can only be
amended by the same authority
which originally ordained and estab-
lished it. to wit, the people of the re-
spective States, acting as separate
sovereign communities. The fifth
article provides that propositions OF
amendment can only be made by
Congress, when twO-thirds of both
Houses snail deem it necessary, or by
a convention called upon the appli-
cation Of twO-thirdS of the several
States for proposing amendments,
which, in either case. shall be bind
ing only when ratified BY the Legis-
latures of three fourths Of the sew
eral States, or by conventions i'll
three -fourths thereof.
Thus it will be seen that the only
agency which Congress can exercise
in the process of amending the Con-
stitution consists simply in the sub
mission of propositions of amend
ment to the State. To do which the
Constitution requires the concur
renee of twO thirds of both Houses
of Congress.
There is nothing in the fifth arti
Gle, nor any other portion of the
Constitution, authorizing Congress,
or any other department of the Fed
eral Government, to determine au-
thoritativeiy and finally whetherpro-
positions Of amendment have been
properly submitted, nor whether
they have been ratified by three
fourths of the several States. Ger
tainIy no mere political party has
such authority.
The language of the Constitution
is, that propositions of amendment
shall be binding only when ratified
10y the Legislatures OF three-fourths
of the several States or by cOnven-
lions in three-fOurths thereof. The
Radicals allege that three-fourths of
the several States have ratified the
Fourteenth and Fifteenth Amend
ments. The Democratic party deny
the truth of the allegation, and thus
arises an issue of fact, an important
fact, a fact involving the reserved
rights of the States as well as OF the
people. Is it possible that there is
no tribunal in which this important
questiO can be examined and au-
thoritatively settled? Is it true that
the States have no remedy, no right
to inquire into the truth of the facts
upon which these amendments are
declared to have been ratifiedi Is it
true that the announcement by the
Secretary of State to the effect that
three-fourths of the several States
have ratified, is conclusive of the
question! Whence does the Secre-
tary of State derive such power and
authOrityi Not from the COnstitu-
ton, as must be admitted by all who
will examine, nor from the nature of
the duties of his Office, nor from the
Executive, but, as is alleged, he is
clothed with the high and RESPONSE
BILE authority by an act OF Congress.
What authority has Congress to
determine the question or to author
ize anybody else to do so! None can
be found in the Constitution. 1t is
not subject within the scope of the
legislative powers and duties OF Con
gress. 1t can do nothing more than
submit propositions OF amendment
to the States. When that has been
done, the subject is wholly and en-
tirely within the contrul and under
the management of the respective
States, who, in the exercise of the
same right by which they had orig
inally ordained and established the
Constitution so as to make it more
conductive to the happiness and
prosperity Of the people.
| But nothing can be more clear
than that amendments which havo
not been ratified by three-fOurths OF
the several States are not binding.
1t follows, therefore, that unless the
Fourteenth aud Fifteenth Amend
ments have been so ratified they are
not parts of the Constitution, althO
both the Radical and Democratic
parties, in their respective platforms
may so declare them to he.
No one can fail to see the glarine
absurdity of the proposition that, ad
hitting the amendments under con
sideratiOn were procured by force
and fraud, and were not III fact rati
fed by the three fOurths of the States
left free to act according to their best
Judgment upon the subject, never
theless they can be tackled on to the
Constitution by a compromise be
tween two political parties, or by
the ratification Of the Democratic