Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-10

which these outrageous declsions No
based, was never ratified by three
fourths OF the States. In 1868, when
the concurrent resolutions OF Congress
was adopted declaring that the four
teenth amendment has been ratified,
there were as Mr.. Seward said in his
certificate on the same subject, thirty
eight States in the Union. There
fore the amendment required ratl-
fication by twenty-eight States-three-
fourths OF the whole number.
Now, in Mr. Stewards certificate as Sec
retaiy OF State, he declares that the
States OF Ohio and New Jersey had
"since 1.-THE amendment was proposed
and before it was declared ratified pass
edresolutions respectively Withdrawing
the consent OF each OF said States 10 the
aforesaid amendment" In the same
certificate Mr.. Seward declared that in-
Guiding Ohio and New Jersey there
were only twenty-thIee States which
had certainly ratified the fourteenth
amendment; but he added
"Whereas neither the act tot Con-
gresSl just quoted from, nor any other
law, expressly ar by conclusive implica-
ton. authorizes the Secretary OF State
To determine and decide doubtful ques-
tons as to the authenticity OF the organ
cations OF State Legislature to recall a
previous act or resolution OF ratification
OF any amendment proposed othe Con-
stitution"-
Therefore he gave his certificate that
the Fourteenth Amendment had been
ratified by twenty-three State Leglsla-
lures, including those OF Ohio and New
Jersey, and by NEWLY constituted and
newly-esiablished bodies avowing them
selves TO be, and acting as, the Leglsla-
lures respectively OF the States OF Ar
kansas, Florida, North Carolina, Loulsi-
ana, South Carolina and Alabama"
Now read the conclusion he came to:
And whereas the twenty-three
States hcreinbeiore named, whose Leg
islatures have ratified the said proposed
amendment, and the six States next
thereafter naIaed as having ratified the
said proposed amendment by newly
constituted and established Legislative
bodies, together constitute three-iourths
Of the whole number OF States IN tho
United States" &c.
This simple recital OF facts shows that
the concurrent resolution OF Congress,
declaring the Fourteenth amendment to
have been ratified, was wiliul, deliber-
ate, premcditated. legislative lie. Not
one OF the Southern States named
ever ratified the amendment
IN the manner contemplated 10y
the trainers OF the Constitution; whilst
the counting Of Ohio and New Jersey
amongst the ratiiying States alter they
had withdrawn their approval, was OF a
piece with the rest OF this stupendous
monument Of falSehood, crime, male
violence, and judicial blindness.
With these facts before us-tacts
showing that the Supreme Court OF the
United States is basing decision upon
an amendment which every member
of that court knows has never been
ratiiied-wc can understand what an
overwhelming public sentiment must
in tina North be behind such bareiaced
hypocrisy, or such woiui SELL
deception. II the judges OF the highest
court in the land do not recognize as
facts what they know to DO facts, hut
accept falsehoods as facts because north
ern public sentiment will have it so,
upon what shall be based the hopes OF
the friends Ci free government Tor per-
petuation of the liberties which 1t used
to be thought our fathers had secured
for US?
Judge Fields remark, Assuming the
act OF 1875 is constitutional and valid as
legislation" has a great deal OF meaning
in it in this connection He assumed Il
great deal; vet he let TALL clue which
NAV possibly lead better court out OF
the labyrinth Of errors in which the
Supreme Court now finds itself