Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-05-16

sippi and the Atlantic by inland COM
munication to speedy and successful
termination.
THE MADISON AMENDMENT.
Mr.. Madison once proposed an
amendment to the Federal Constltu-
ton providing that no law varying the
compensation for services of members
of Congress shall take effect until an
election for members of the House OF
Representatives shall have interviewed.
1t was agreed to at the first session OF
the First Congress i'll 1899, but failed
to receive the Subsequent assent OF
sufficient number Of States to make 1t
become a part of the Constitution.
The action of the late Congress upon
the back pay question, or the Salary
Grab, as it is now commonly called,
has given rise to discussion in the
Ohio Legislature that is not without
interest. The question there raised Is
whether the right to take up this
Madison Amendment as proposed by
the First Congress has lapsed with
time so as to forbid the completion OF
the work of ratification now. The
Senate of Ohio, it seems, i OF opinion
that it is still competent for the States
to ratify the Amendment, and, accord
ingly, has formally passed a vote OF
ratification for that State.
AS a general rule We have not much
partiality for amendments to the
Federal Constitution, but We confess
to liking for this one, possibly be-
cause it is 80 nearly cOeval with the
Constitution itself. There can be no
doubt that it's adoption is in every way
a contamination most devoutly to be
wished. But can it be done i'll the
manner proposed by the Ohio Legisla-
ture?
Art. V of the Federal Constitution
provides that "the Congress. whenever
two-thirds Of both Houses shall deem
it necessary, shall propose amendments
to this constitution = : which
shall be valid to all intents and pllr-
poses as part of this Constitution when
ratified by the Legislatures of three
fourths of the several States, or by
conventions in three-fourths thereof.
as the one or the other mode of ratltl-
cation may be proposed by the Con-
greSs.
It is apparent that there is nothing
i'll the letter Of the law against tie
position taken by the Ohio Senate.
There is no express provision III the
Constitution limiting the time in which
action must be taken on a proposed
amendment by the States, nor is there
any absolute prohibition in terms IN
the Constitution against reconsldering
and accepting an amendment once re-
jected.
And i'll point of fact this right to re-
consider and accept an amendment
once rejected, has actually been exer-
cised. In April 1867 the 14th Amend
ment was pending. 81 States had rat
flied it and II States delaware, Mary
land, Kentucky and the Southern
States had rejected it, California,
Iowa, and Nebraska had not acted.
Iowa and Nebraska afterwards ratified
it and California rejected it.
On 18th January 1868, the Legislature
of Ohio Withdrew it's ratification and on
2Gth February, New Jersey Withdrew
its ratification. In October, Oregon
withdrew its ratification. And the
Southern States having been recon
structed, ratified the Amendment al
though their previous Legislatures had
rejected it. The amendment was there
upon declared to be part of the Cor
stitution by an act OF Congress and by
Il proclamation of Mr. Seward, then
| Secretary of State, and has been sc
taken and accepted by all ''trooly loil
men ever since.
! On the other hand it is contended
that as six of tue thirteen States Ie-
/ iected the Madison Amendment, that
/ the acceptance of the other States then
/ IL existence would have had no effect
/ that it ceased to be any longer a mat
ter pending for State action, and that
/ any action taken thereon to ratify it as
an Amendment proposed by the First
! Congress is null and void.
! 1t would indeed, seem to be astrange
| construction of the Constitution that
I would permit proposed Amendment
. 10 be open for acceptance or rejection
! and recansil Grafton for more than
! three quarters Of century.
But it is so perfectly idle for us of the
South to express any opinion i'll rela-
! ton to the constitutionality of any pro-
ceeding, that we shallnot undertake to
say whether the Ohio Legislature is
right or wrong but shall content our,
self with laying the facts before ON
! readers