The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1920-07-31
HARRY B. AMEY, ESQ
FILES ANSWER To
GOV. P. ". CLEMENT
In Relation to Amendment on
Suffrage Issue
GOVERNORS VIEW WRONG
His Real Attitude is to Place His Owr
Wishes Above the United States
Constitution.

Harry B. Amey, Esq, of Island Pond
one of the leading lawyers of the
northern part of the state has written
a reply to Governor Clements pro.
camation of refusal to cal a special
session Of the legislature to act on
the suffrage amendment Mr.. Ameys
answer completely upsets the COVER
nor's shadow Of reason. 1t is as fol-
lows:
The proclamation of His EXcellency
Hon Percival W. Clement, refus ng
to call an extra Sc sion of the Yer
mont legislature for the purpose Of
voting on the 10th Amendment to the
! Federal Constitution has created more
than ordinary interest throughout the
Country owing to the unusual necessi
! ty Of action on the part of the chief
executive, to enfranchse the woman
Of the State for the Presidential cleo
tion wherein they are allowed to vote
! IN near y all other States in the Union.
Governor Clement bases his refusal
mainly on legal grounds, ignoring larg
ely all questions of expediency.
As Chairman of the Committee on
Suffrage and Elections in the Vermont
State Senate, it is not out of place for
me to answer the Governor, confin
ing myself mainly to the legal pro.
positions therein involved
I The Governors message breathes the
very spirit of secession and nullifica
tion. If we hesitate to say that the
constitution of the United States is
the supreme law of the land and say
1 that it is a mere compact that can be
vic ated at will and at every conven.
fence and whim of the States, we are
] placing our very Government upon
tottering foundations, and are rails
/ ing hue and cry Of seces lion The
constitution of the United States, pro-
vides a method of amendment,
"The Congress, whenever two
/ thirds of both Houses shall deem
it necessary shall propose amend
ments to this Constipation, or
r. on the application of the Legis.
-latures of two thirds Of the several
,. States. shall cab a Convention for
a puopos ng Amendments, which, in
| either case shall be valid TO all
k Intents and Purposes as Part of
this Constitutions when ratified by
/ the legislatures Of three-fourths of
the several States or by Conven-
tions in three fourths thereof, as
the one or the other mode of Rat-
fiCation may be proposed by the
Congress-; Provided that no
Amendment which may be made
prior to the Year One Thousand
Eight Hundred and Eight shall in
any Manner affect the first and
fourth clauses in the N nth Sec
tion of the first Article; and that
no State, without its Consent,
shall be deprived of it's equal Suf.
trage in the Senate
/ 1t aso provides that the constitu-
tion and laws of the United States are
the supreme law of the land
This Constitution. and the laws
of the United States which shall
be made in Pursuance thereof;
and al Treaties made, or which
shall be made under the authori-
ty of the United States, shall be
the supreme law of the land and
the Judges in every State shall be
bound thereby any Thing in the
Constitution or Laws of any State
to the Contrary Notwithstanding"
Yet the whole burden of Gov. Glenn
ents argument S that the State legis-
lature has no right fundamentally to
ratify the Suffrage Amendment, be.
cause the State constitution, for its
amendment, requires a referendum
and the proposed amendment to
the Federal constitution requires no
referendum and exproprio vigore it
will supercede the State constitution
when adapted.
Governor Clement evidently takes
the same view of the u. S. constitu-
tion and State rights as did the Great
Southern Statesmen Calhoun and
Hayne and his opinion comedies with
that Of Jefferson Davis and the whole
southern confederacy at the time of
the Rebellion.
He has seeded to the mons sacer
like the Plebians of Ancient Rome
but he finds no sympathy and no au,
thority to support him
Governor Clements theory of the
vitality and effect of the United States
constitution has been most effectually
tried out and found to be most des.
truCtVe and dangerous. The great
civil war which cost 50 much blood and
treasure settled that question forever
and not single jurist or lawyer can
successfully defend the argument OF
the Governor which is in effect that
the constitution of the United States
! is not the supreme law Of the land
but subject to the whims and fleeting
sentiment of the States as to lis
method of amendment.
Let us resort to the great Forensic
| effort of Daniel Webster in his reply
| to Senator Robert Y. Hayne in the
United States Senate in 1929.
The text Of Mr. Haynes argument is
. as follows -
''Mr Hayne here rose, and said,
that for the purpose of being clear
~