The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-07-01
IF SAME REASONING WE'RE APPLIED
TO THIRTEENTH AMENDMENT

But this argument is not ended yet. We
have somewhat more to do with that
Thirteenth Amendment. If Mr.. Roots
reasoning had prevailed, which, thanks to
q unanimous decision of the nine judges
of our Supreme Court, it did not, and the
same reasoning had been directed or still
might be directed against the Thirteenth
Amendment, there might have been, and
still might be consequences SO aStound-
ing as to stagger all human imagination.
We shudder at the thoughts of it,
On September 3D. 1862, President Lin
coin issued his Emancipation Proclana-
ton. On January l, 1863, it went into
effect freeing 1000 900 human beings. Mr..
Lincoln always had his doubts whether
that proclamation or the results OF 1T,
would be permanent after the necessity
was removed. To allay all doubt he
Studiously set himself to the task of in
f1uencing Congress to propose an amend
ment to the Constitution, thus placing the
seal on what he had done as military
necessity In December, 1868, a reSolu-
ton was introduced in the House to that
effect. In January, 1864, like resolution
was introduced in the Senate. On April
3, following, the Senate voted. The vote
was favorable to the resolution 38 to 6,
more than a tWo-thirds majority by far.
But in the House there was no such good
fortune 1t failed by SO to IS. Mr. Ash
ley, of Ohio, changed his vote from yes to
no, and moved a reconsideration. On
January %, 1865, on reconsideration the
house voted again, this time 119 to 56, and
the resolution was declared passed amid
great demonstration of members and
spectators. There were 1873 members of
the House, IT'S we're present. Eight
Democrats were absent purposely to let
it carry. They we're unwilling to vote for,
but would not vote against it. There were
Just three votes short of the tWo-thirds
majority of all the members OF the
House. Thus, by Mr.. Roots reasoning,
the Thirteenth Amendment being passed
by tWo-tllirds Of a quorum and not two
thirds of all the members of the House,
is invalid and null and void; the liberty
of multiplied millions of human beings in
America, in this Springtime of the
Twentieth Century, is shrouded in doubt
and gloom and in imminent jeopardy.
AND THE FOURTEENTH AMENDMENT
What about the Fourteenth Amend
ment? Does this one stand on any better
footing than the Thirteenth? This
amendment affects not only the liberty,
but the lives and property of all the citi-
zens of the United States, black or white.
When this amendment was proposed in
the Senate, discussed, and voted on, the
result was 80 ayes and II noes. The Sem
ate consisted of SO members. FOrty-four
voted. Six we're absent or not voting. OF
those voting, it carried by three-fourths
majority 1t failed to carry tWo-thirds
majority Of all the members elected by
one-third of one vote, and therefore, was
invalid and null and Void.'
But someone says, you are quibbling,
you can't split vote and the fraction is
unimportant and trivial. The point will
be yielded for it is not needed, for very
good reason, and here it is:
On June Is, 1866, the House took up
the resolution as it came from the Senate
in the above condition. After a brief dis
cussion, the vote was taken, resulting in
ayes 100, noes 80, far more than the neces-
sary two-thirds majority of those voting.
One hundred and fifty-tWo votes were
cast. Yet there were 1913 members of
the House elected Forty-one members
were absent or not voting. Thus, while
the resolution carried by large majority
OF a quorum, still it lacked eight and two
thirds votes of being a tWO-thirds ma
iority of the whole House, therefore, it
was invalid and null and void
ARE ROOT AND BUTLER IGNORANT
OF FACTS
Is there any one in these United States
who can believe that the tall, SLIM ac-
knoWledged leader of the American bar"
the hero Of Dr. Nicholas Murray Butler,