Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-05-17

dominant party of the country at the time |
they were said to be adopted. They radically |
cha nge the general spirit of the constitution |
in the relations OF the states to the federal |
government. The original constitution, and
all prior amendments, regard the states as the
chief political power Of the country, whose
sovereign administration is to be invaded by
the supreme general government the very
least possible, and to whose care all the or
dinary civil rights of the people are to be en-
trusted without interference. These amend
ments reverse this. They not only make the
general government supreme, as the old con-
stitutlon did, but they practically make it un-
iversal, laying its hand on the internal ad-
ministration of the states, and treating them
rs though they were the mere subdivisions Of
a kingdom or of y consolidated central gov
ernIent.
1t must be observed that the point here
made has nothing to do with the right or
wrong, the eXpediency or fneXpediency OF
the subject matter of the amendments. A
murderer deserves hanging, but 1t is not the
Office of United States marshal to do it. 1t
may have been all right to emancipate the
negro and to make him voter. That is one
question. 1t is quite another Is to the proper
government whose function it is to do these
things. As the constitution originally stood,
all such matters undoubtedly pertained to the
states. The tenth amendment, beyond ques-
ton. shows that it was accepted by all the
states with this Interpretation; for this
amendmen: was unanimously ratified by the
states. lr
1t is a serious question to Layman, whether
the fundamental principles of our govern
ment can be rightfully changed, even by an
amendment Of its organic law. If SO, then
the sixteenth amendment may convert this
government into monarchy ee-fourths Of
the states, excited by war passions, assent
ing. The remaining One-fOurth, true to the
constitution Of the fathers, true to the govern
ment as it was when they entered the Union,
would then be either exiled from their poll
tical heritage or else compelled to submit to
the despotism. No political instrument can
be understood as providing for its own SUBJ
version or destruction. While the power to
amend is doubtless designed to allow modili-
cations of the original plan, these changes
must be limited to provisions within the gen.
| eral principles Of the primary idea. Ifthese
views are correct, then the last three amend
ments are de faeto but not de .iurs parts Of the
constitution; and the federal judiciary would
be compelled to decide them null and void as
! ultra Uires. 1t is our belief that the greatest
of the chiel-justices, Marshall, would 30 de-
p, clare
| The thirteenth amendment provides for the
immediate and universal abolition OF slavery
within the United States, and gives to con.
gress the power to enforce it. Its language
! is similar to that of the Wilmot Proviso. II
was declared adopted in 1865, when sectional
passion, engendered by the war, was at it.
height. There is special objection to the
legality of the ratification OF this amendment
in the fact, that there were at that time nc
states. AS these were more than ne-fOurtl
OF the entire number, the amendment diL
not receive the requisite three -fourths, prior
to the declaration of its adoption. 1t is in.
teresting 10 observe one fact in the language
OF this amendment. 1t says, "within tn,
United States, or any place subject To thei
jurisdictioA.'' As they We're changing tn,
character Of the government by a consolida
non OF its powers, 1t is strange that they dil
not write 'its" in the place OF "tAeir jurisdlc
ton"
The fourteenth amendment has live sec
tions. The first is designed to secure to th,
negro full civil rights and equality before tht
law. The second changes the basis OF repre-.
sentation in the lower house OF congress.
provides that all the inhabitants of stat,
shall be counted, except the Indian; will
this provso, that the negro Is not to be count
Ell unless he Is allowed to vote. This wa
designed to force the southern states to en-
franchise the negro; or failing In this, to re
duce their representation In congress. Th,
third debars from any office under the United
States, or any of the states, any one who hat
held office prior to the war and had takel
part in it on the southern side; providing
however, that this disability might he re
by congress. The fourth makes the wal
debt sacred; repudiates and invalidates tn,
southern war debt; and forbids payment fol
the emsncipated slaves. The fifth gives con
gress power to enforce all these provisions
This amendment was declared adopted il
1858. The ratification, however, was no
| ''SAS ~ wv iiVV .skC VA luc SOutueTI
states.
The thirteenth amendment freed the negro
the fourteenth gave him his civil and lega
rights, the fifteenth completed the work b,
his political enfranchisement; he was made .
voter. Seldom has y more speedy or m ,r,
righteous retribution ever befallen domnan
and domineering party than has resulte,
from this fifteenth amendment While the,
were pulling down the constitution of thei
fathers, which they themselves had sworn I,
defend, thinking that thereby they were de
visng political engine for their own supre
macy and the destruction Of their fallel
brethren, they were in reality laying min,
whose explosion has resulted in their owl
discontinue. The negroes were not and ar,
not as race fitted for the responsibilities O
the elective franchise. Their rule in the soutl
was one of ruin; and they are now valuabl,
In the politics of the country only as u tor
lnent to the party which has fondled them
and As basis for the increased representation
of the south in congress and in the eectora
college. This amendment WAS declare,
adopted III 1870. but did not receive the fre,
endorsement OF three. .fonrths Of the states.
LAINAN.