, 1873-05-03
THE REVIVAL OF AN OLD PROPOSITION.

THE REVIVAL OF AN OLD PROPOSITION.
resolution Of Congress, passed Sept. 25,
1859, submitted to tile States. for ratification,
twelve amendments to tho Constitution Of tho
United States, ton Of which woro ratified and
two rejected. Tho ratified amendments aro
those which form tho first ton articles of amona-
mont to the Constitution as 1t now stands. Tho
othor two failed to receive the necessary raitica-
tion from throo-fourths Of tho States. Ono Of
followe: "No law varying the compensation
for aervices Of senators and Representatives
Rhall tako effect until al election of
Representatives Hhnll havo intoryened." Had
this amendment boon ratified and bo-
come Il part OF tho Constitution, it
would havo been impossible not only for tho late
Congress to vote itaolf additional pay for past
services, but also for the members to avail
themselves OF any increased salary until Con-
groBsional election should occur. There will be
amondmont would hayo beeu national blessing,
and would havo protootod the country at loast
from tho humiliating knowledge that We Ind
Congress willing to porpotrato 10 conspicuous
fraud as TINT known as the " Balary-Grab."
1t is probably In this view Of tho mattor that
tho Ohio Legislature las taken up tho old
anlondmont, proposed In 1889, with tho purpose
Of ratifying it now mud securing thrco-fourths
of tho States to join 1t in tho project. This
suggests tho question whether a proposed
~ ms af>f nj, fail n ri,
necessary ratification can bo taken up at any
subsequent dato, aftor the number Of statca has
been materially increased, and approved without
again going through the preliminaries prescribed
by the Constitution for submitting constitutional
amendments. Those who boliove that this may
DO donc ground their belief upon tho failure OF
tho Constitution to prescribe any limit Of ti1no
within which tho amonln,ents must DO ratified
or bo regarded as dofoatod. The Constitution
provides two ways III which amenlments
vote Of botl Houses Of Congress. q. Upon
application Of two-tlirtlH Of tho several
6tRtos, Congress- may call q Convention for
proposing amendments. It Is then provided
tint the proposed amendments shall become q
part Of tho Constitution "when ratified by tho
Legislatures OF threo-fourths Of tho several
statos, or by conventions in throo-fourtls
thereof, as tho ono tho other modo OF ratifita-
ton may DO proposed by the Congress." This is
NIL that tho Constitution las to say Oh tic sub-
jcct Of amendments. It il held by somo persons.
therefore, that m amendment onco submitted
according to the constitutional provisions may
DO ratified ut any limo, and that 1t ia proper anl
desirable to tako up tho proposed amendment OF
l78o In regard to salaries and ratify It. Whlo
this amendment, or similar amendment, would
DO highly Desirable thoro aro many circum-
atanccB which initiate against the proposed
mcthol OF securing it:
;. l. Tt 10 very ovidont that tho franacr6 of the
Constitution desired to guard against rash sug-
goations for amending tho Constitution by tho
preliminary requirements which they prescribed,
It would be obviously contrary to tho spirit of
tho Constitution to tako III advantage Of pal
pablo omission to fix limit Of time for ratif- I
cation In order to secure III amendment nearly
ono hundred years aftor it was proposed by q
to and rejected by thirteen Btates, unlcas tho
proposed amendment aAould again como before
tho States In the mannor duly proscribod. To
do 80 would DO to Het dangerous precedent of
ignoring tue purpose Of tho Constitution to ro-
Btrict amendments to tho most thorough expros-
Hion OF tho people In favor OF thonl.
q. Tho amendment III question has not boon
simply hanglng OIL, waiting for action. Blk Of
tho statos ratified 1t, aud tho others rofusod to
ratifyit. Tho Btatos to whom it was proposed
took aotlon upon it, aud 1t failol by auch action
to become part Of tho Constitution. III the
caso OF bill boforo tho Legislature, defeat of
this kind would require tho proposition to again
go through the usual forms of proaentmout be-
fore 1t could bo passed. An amendment to tia
Constitution Of tho United Status should certaln-
ly roooiyo at least tho ealue amount Of attention
aud enjoy the aamo extent Of safeguards as 4
bill In tho Legislature.
s. Tho custom III regard to amendments aub-
mitted Tor ratification has been to d!spoHo of
thom, eithor fayorably or unfayorably, at tho
sessions Of Legislatures Immediately succeeding
tho Congressional resolutions submitting them,
III tho caso of tho first ton amendments, tho
ratiaoationa wero all maao Wlthin two years Of