Evening star., 1922-01-26
From argument Of Theodore ". Noyss
6efsss the House committee on the tu.
9iGsSy, Jsauafy ls, 1881,


eiessy, Jsuussy ls, 1871.
states with equal suffrage can be rep.
resented In the Senate: that the rep
resentation sought by the District
could be had only by unanimous con-
sent Of the states: and that the nation
is innpotSnt, even through eonstttu-
tional amendment. to give the Dis
trict this representation.
If 1t Is possible to conceive Of any
constitutional amendment as being It,
self unconstitutional, the objection OF
unconstitutionality would not apply
ment. tits natural and logical to ex'
tend an existing power Of Congress
to the extent and for the purpose
suggested. SO natural and logical is
the grant of national representation
for the District in the manner pro-
tentlon that Congress may give 1t
under the Constitution as 1t how
stands. without any amendment what
sOever.
The Constitution does not explicitly
prohibit the existence OF a state with
genuine voting representation In Con-
gress. which lacks some of the at
tributes Of a sovereign state. 1t Is not
declared that all the American com
munities represented as states In
Congress must be on precisely the
same footing and be shaped in identi-
cally the same mold. To the contrary.
the constitutional convention refused
ted to the Union. equality of treat
ment with the original states. The
first proposition for the admission OF
new states pro Gvided that the new states
shall be admitted ION the same terms
with the original states"
BY the vote Of nine states against
two, these words were stricken out.
Debate disclosed that the large states
gave the small states equality of rep.
resentation In the Seaate only be-
cause it was absolutely necessary II
the federation Of equal states was to
ton Of the convention shows that the
original states. large and small. re-
fused definitely to pledge equality to
future new states. and 30 Tar as the
Constitution Is concerned, reserved
entire liberty. of action in respect to
the conditions Of admission.
Congress, though not compelled by
the Constitution to do SO, has admit =
ted new states on equal terms with
the old. limited, however, in the case
Utah. by certain irrevocable condi-
tions.
The question Of the power Of Con-
Gress under the Constitution as 1t
stands to give national representation
to the District ia. however. academic.
If the constitutional provisions taken
together prevent the admission to the
Union Of non- sovereign state merely
by act OF Congress, these const!tu-
ttonal obstacles can, OF course. be re-
moved by amendments to the Consti.
tuition itself. On the assumption that
change in the organic law of the
nation is essential to accomplish that
for which we petition, we are now
asking for this very constitutional
amendment.
But it is contended that the Consti-
tuition prohibits It's own amendment in
the manner and for the purpose pro-
posed by US. For the perpetual pro-
lection of the small state no state Ia
ever, without its consent, to he de-
prived of its equal suffrage in the
whether the grant Of one or two
senator's to the seat OF government
would impair the equal Suffrage OF
! any state or of all the states in the
Senate, and would thus require the
unanimous consent OF the states.
protect the smaller states by giving
them in perpetuity equal representa-. :.
ton with the larger states in the Sen.
ate.
The entrance Of two senator's. rep
resenting new state. into the Sen-
ate does not affect this equality Of
representation irrespective Of popula >
ton; nor would the entry Of one or
two senators representing the seat of
government impair this equality. No
new state or American community
given by the Constitution represents =
tion in the SAnafe can have sraotor
representation in that body than that
enjoyed by Nevada or New York; nor
can it have smaller representation
without its consent.
\ X
The purpose of the Constitution to
protect the small state IL defeated
only II some other state has a greater
representation in the Senate without
the small states consent. There is no