The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1889-08-17
AN ANTEDILUVIAN QUESTION.

President Harrison said in his inau-
gural address: "As a citizen may not
elect what he will obey, neither may
the executive elect what he will enforce.
The duty to obey and to execute EN-
braces the constitution in its entirety
and the whole code of laws enacted
under it." Inasmuch as the Chicago
Tribune finds in this ground for sug
gestion that all the laws nf congress
and the amendments to the conslitu-
ton will be enforced equally and uni
formly, and very plainly indicates that
more notice will be taken of assumed
Irregularities in elections in the south
than in the north, the Richmond Dis.
patch has felt stirred up TO question the
ratification of the fourteenth amend
ment. There are probably but few
persons better informed III American
history than the editor OF the Dispatch.
and the best informed will not deny
that duress was used, as stated, to pro-
cure the ratification before its procla-
nation. Duress after civil war is so
entirely in accordance with the inclina-
tions of human nature that il is not
nov very polite reproach. The
vanquished usually wish to retain the
forms and landmarks of constitutional
privilege aud are aware on what terms
the victors will refrain from abrogating
them. Thus there is a mutual accom-
mediation at such critical periods as the
beginning of reconstruction. History
may bear the Dispatch out in its con-
tention as follows:
Cup TO April, 1867 twenty one states
had ratified the fourteenth amendment,
and thirteen states had rejected il. AS
it required the votes of three-fourth OF
the states to ratify it, ii had been al
ready rejected. Afterward California
rejected it, and Iowa and Nebraska
ratified it. But that didn't help the
matter. 1t still stood rejected. Ohio
in January, 1868, withdrew her ratiti-
cation. So there were fourteen states
against it, and ten were enough to kill.
In February, 1868, New jersey with
drew her ratification, In October,
1868, Oregon Withdrew her ratification.
The amendment was dead; but fraud
and force revived it. Certain southern
states were compelled to withdraw
their objection and to ratity the amend.
ment or else be deprived of representa-
| tfon in congress. Mr.. Stewards pro
clamation as secretary of state declaring
| the fourteenth amendment ratified
hinted that it had not been ratified, for
he refused to say that it had. He de.
clared that twenty-three state legisla
| lures out of thirty-seven (it required
twenty-eighO had ratified it, and that
it had also Deen ratified (these are
Stewards own words) "by newly con-
| StifntnH ulH, ncfaI1sahnT
avowing themselves to be, and acting
as the legislatures # Arkansas, Florida
North Carolina, South Carolina, Louis.
lana and Alabama" What did con-
gress do? That unprincipled, wicked,
unpatriotic, sectional organization
known as the republican party induced
that body to pass the following resolu-
ton:
"That said fourteenth article is here.
by declared to De part of the consti-
tuition OF the United States"
What force had that resolution
. None whatever. The fourteenth amend
ment was either ratified or not ratified,
and the fact was not to be legIslated
out of existence by resolution of con-
gress."
Nevertheless the newly established
bodies avowing themselves to be state
legislatures were accepted by all the
public authority there was in the cOun-
try, and ever since their successors
have taken Office under the operation
of the amendment, which has been sus.
tanned by the supreme court and not
disputed by any state authority. 1t
looks, therefore, as if there were such
thing rs bargain under duress that
stays bargain by unquestioning ad-
herence when the personnel of the state
representation is quite changed. In
this case it stays not merely because OF
its form, but because of its prima facie
conformity to the American idea of
popular consent in the declaration of
independence The Dispatch may have
furnished sectional isnaticism wfthSa
weapon. The cry may be heard alts;n d
that the amendment will be a;sp61atfs
The answer TO this is the reeoraiofsionf
years of democratic administration.
That speaks loud enough 10 6tefcoma
any clamor which may arise in such
quarters as the Chicago Tribune Office
because sensitive Virginian cannot
forego exposure of long past pretensc
with duress-the homage of atempora
ry absolutism of party 10 the traditions
OF constitutional government. There
is singular zeal just now in Randall
lite papers to stir up feeling on sec
tlonal questions.