The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-07-31
FOURTEENTH AMENDMENT
Justice Miller's Exposure ofthe Method
of its Adoption.


of its Adoption.
F'redericks Hall, va, July 10th, 1903.
Editor OF The Times Dispatch:
Sir,-While SO much Is being said anu
done by people who have no especial
love for Virginia or the South, In order
that the Constitution Of our state may
be torn down and that the fair name or
the Gid Dominion thus besmlrched and
held up to the ridicule of the world,
would 1t not be well to consider the man
ner and means through and by which
several amendments TO the Federal Con-
stitution were adopted, especially those
which were the outcome of the civil
War and the reconstruction period which
Immediately followed IT?
According to Mr.. Justice Miller, late
associate Justice of the supreme court
Of the United States, the thirteenth
amendment was proposed to the States
by Congress by joint resolution FepruarS
1st 1865 before the close OF the war,
and was promulgated by the Secretary Oh
State, pursuant to law, as q part OF the
Constitution. December 18th. 1860, havlns
received the assent of the Legislatures
OF twenty-seven states, being three
fourths Of the States-thirty-sx IN all.
This amendment relates entirely TO slaV-
cry and involuntary servltude, winch IL
abolishes."
,"The Fourteenth Amendment was sub
| 18th, 1866, after the majority In that BODY
| and President Johnson had separated on
1.-The question OF reconstruction. Mr..
| Seward the Secretary OF State, Issued
| two promulgatons Of this amendment.
The first, dated July goth. 1865. 1t recited
| that no law expressly or by conclusive
| implication authorizes the Secretary. of
| state to determine doubtful questions as
to the authenticity of the organization
| of state Legislatures, or as to the power
| Of any State Legislature to recall pre-
vlous act or resolution OF ratification OF
any amendment proposed to the consul
tuition. 1t further recited that the assent
| of Arkansas, Florida, North Carolina,
| Louisiana South Carolina and Alabama
| had been given by newly constituted
| and newly established bodies. avowing
themselves to be and acting as the LeIis-
| lures respectively" of those States. ana
that the assent OF Ohio and New Jersey,
once given, had been Withdrawn by cub
| seouent resolution OF their Legislatures,
| and that 1t WAS deemed n matter OF doubt
/. and uncertainty whether such resolutions
are not irregular. invalid and therefore
intellectual for withdrawing tho consent
| Of the said two States.
4 The document closed by saying that ~
| the resolutions OF the Legislatures OF ONO
| and New Jersey, ratifying the aforesaid
| amendment. are to be deemed as remain
| inc of full force and effect, then the
aforesaid amendment has been ratified
"This document issued on tho 10Th OF
| June 1865 was not accompanied by Inc
| order of publication required by the act
OF April 20. 1918 On the next day. June
i q, 1865, Congress, by Joint resolution, re-
solved: Whereas the Legislature of the
! States Of New Jersey, ONO. arkansas
! FLORIDA. North Carolina, Alabama. South
| Carolina and Louisana-naming twenty
| nine. States, including the Southern States
supposed doubtful, and the Northern
| States, New Jersey and Ohio. which With
| drew their ratihcations (before the re.
suit was known or obtained, the votes OF
all were counted In, making up the two
I thirds majority required by the Constitu-
| tom, have satisfied the Fourteenth
amendment; therefore,
| "Resolved, That the said Fourteenth
1 Amendment Is hereby declared TO be a
part of the Constitution of the United
| states, and 1t shall be duly promui gated
| as such by the Secretary OF State.
Bear In mind that there were In the
| case Of the Fourteenth Amendment some
| States which rejected the amendment ana
subsequently ratified It. Their votes were
| fourths There We're other States (New
/ Jersey and others which ratified 1t and
| withdrew the ratification before the result
! was obtained
The votes OF all were counted IN, max,
| ing ,Ip the necessary two-th!rds required
| by the Constitution, "slnce which time
! many cases have been before the supreme
| Court of the United States involving the
/ construction of this article, but no case
has any question been raised as to It's
| constitutional ratification and lncorpora-
ton into the onstitution."
1 The fourteenth amendment relates to
citizenship, immunites OF citizens, inil-
tations OF State power deals with appor-
t!onment of representation, and, etc. This
amendment did not radically charge the
theory Of the relation OF the State
and Federal governments to each
other and Of both governments to
the people The same person may be t
tho same time n citizen OF the United
| States and q citizen of the State The
right OF suffrage was. not necessarily
one OF the privileges or immunitles OF cit
izenship before the adoption OF the -FOUR
tenth Amendment, and the amendment
does not add to these privileges ana I'M
munities It simply furnishes additional
guaranty for the protection OF such as
the citizen already had. At the time OF
was not coextensive with citizenship OF
the states. Nor was It at the time of
the adoption of the Constitution Neither
Il the Constitution nor the Fourteenth
Amendment made all citizens voters,
"rhe Fifteenth Amendment to the Con-
stitution does not confer the right of suf-
frage. but 1t invests citizens of the United
States with the right Of exemption from
discrimination in the exercise OF the
elective franchise on account of their
race, color or previous condition OF serv-
itude.''
According to Mr.. Justice Miller, in his
work "On the Constitution of the United
States" there seems to be much doubt
and uncertainty as to whether tho four
teenth amendment has ever been ratified
in the manner required by tho Constiti-
ton or not. And II It can be SO shown
| vail
in Virginia and other Southern Statesi
and require Mr.. John s, Wise and the
negro Hayes to change their line OF Mt
tack as well as their field OF operation