The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-04-21

shall propose amendments to the consti-
Not two-thrds Of the members pres
emit but two thirds of both Houses
When the Constitution intends measure
to he disposed of by a majority of those
present it distinctly says 50, as in the
ratification Of treaty: Provided two
thirds of the senators present concur
Again. in the trial of impea chments:
NO person shall he convicted without the
concurrence OF twO-thlrdS OF the MEM
And again: The yeas and nays of the
members of either house, on any ques-
ton. shall at the desire of One-nfth OF
these present, be entered on the jour
nal
In the case Of amendments the Con-
Stitution is equally explicit IL requires
the concurrence of two thirds Of both
HouSeS-two- thirds of the entire mem
barShip This was the opinion of Senator
Thomas A Hendricks of Indiana and
Senator Garrett Davis of Kentucky. This
was also the opinion OF Lyman Trum,
bull b. F. Wade. Charles Sumner and
Oliver =. Morton up to the time of the
so-called proposal OF the fifteenth amend
; ment, on which occasion their opinions
| underwent d radical change to meet the
Axisency Of two-thirds of the entire mem
bership of the Senate not voting for the
proposal of the fifteenth amendment. In
fact, the construction for which l now
contend of this clause of the Constitu-
ton, has never been seriously and honest
Il cOutroVerted.
BY another express provision of the
Constitution each State is TO be repre-
scented in speech and vote by two sena-
tors and lat least one representative
By another express provision of the
Constitution. No State. without its con
sent, shall be deprived of its equal suf-
of the Constitution is found m the same
article and paragraph which requires the
proposal to be made by two-thirds Of
Eleven States Not Represented
At the time the fourteenth amendment
was proposed. eleven States of the Union
were not represented in either House OF
Congress-eIeven States of the Union
were deprived of their equal suffrage In
the Senate, not only without their con
sent. but over their protest-eleven
searIns throaeh fseir zeal and eo'fstTt1-
uuaranteed constitutional rights, but
were arbitrarily and tyranniealiy denied
any part or psrtlcipatlon IN PPaLinSs
more vitality affected them than the other
States of the Union
Was this proposal by two-thirds OF
both Houses? Was this constitutional
DroposaI? 1t was absolutely null ana
void 1t was too late TO say that the
seeding States Were not states IN the
Union. Congress had recognized them as
States in the Union by the resolution OF
1861 President Lincoln at all times heid
that the seeding States were states III
the Union and that ordinances of seceS-
sion were null and void. and upon TINS
ground alone refused TO receive OF Iest
with Confederate commissioners Con
81
them as States. as. for instance nS tne
act of July %. 1866. dividing them INTO
judicial districts. (Thorpe Vol. >, jig
Congress had called upon them to act
upon the thirteenth amendment. ana ny
their action this proposed amendment was
Is the thirteenth amendment a nuIlity?
It is If these States Were not IN the
[ -nion and were not entitled 10 repre-
sentation in both Houses OF congress
Note
The fourteenth amendment did not re-
ceiVt. two-thirds of the true member
ship Of both Houses. There Were men isn
thirty-siN states OF the mon s5L,ttti,, ne
represen IA ton in the Senate. there would
| have been seventy-twO senators. But
the southern states were arp al my IN
Guided from representation IN both
| Houses Of Congress. The vote upon the
! Fourteenth amendment in the senate
| stood: Yeas 80: NAYS IL absent ., loee
| siOnaI Globe Of June s, 1856 page 3O42.)
But twO-thirds of seyenty-tWo are
] forty eight 50 the amendment TeceINe ed
many votes less than the necessary two
! thirds of the constitutional and true
thirds of the Senate. even as then consuo
ruted In the House the vote STOOD lzU
yeas; 50 nays; 30 not voting tIhorpe;
| Vol . page 216. quoting 'ConSresslonaI
| Globe Of June Is. 1856. pages Sl4S. 81 AZ }
| There were present 1874. Two-thirds OF
| 1874 are 123 so in The House the proposed
I
/ rvO-thirdS even. of those present
! BY a concurrent resolution the TWO
! Houses instructed the Secretary TO tran
nit certified copies 70 the governors OF
/ all the states. to be laid by them before
! the legislatures for ratification. C-Iucker
! on the constitution" Vol ,, $50 Thorpe
another recognition OF the Southern
! States as States of the Union.
! charles Sumner said that the states OF
! the Southern ConfederacE had comnltIed
( state suicide and Thaddeus stephens,
not 10 he OutdOne in Venomeqs and orig
! inaI abSurdity. said that these states
/ were conquered provinces But the
/ fourteenth amendment was submitted 10
! rbem for ratification or rejection by the
/ Provinces cannot ratify amendLnsptS to
! the Federal Constitution: only states
and States in the Union, can, and Ger
| rainIy not states which had committed
| state suiCide''-dead states.
! 4 little later. in 1883, the supreme
! Court of the United States G. Nanace'
! 70Ol in the case Of Texas vs.. White,
J sDcakinc through Chief Justice chase,
! says that The ordinance OF secession eisl,
lions of the state as member OF the
/ Union. and every citizen of the state as
citizen Of the United states sso rename si1a
State that attempted to secedS continue
to be a state and a State Of the Union
| And still a little later. in 1911. thf
/ supreme Court of the United States, in
/ the case Of White vs.. Hart (l3 Wallace
held that The reconstTucted states have
never been out OF the CnioR-
Now We have the "sn Utire- Legislative
and judicial depa'f- ---s OF the Fedora
S5 +o,idI;ra1TLe ~ ing that secs
/ sion was a nuliity. tiiat the states which
/ attempted il continued states and state
Of the Union; and yet Congress IN open
notorious and arbitrary violation of Tn
/ Constitution. refused 10 admit their sena
tors and REPRESENTATIVE h'1H s-sctcd ant