Year: 1865

Of that State, in Congress, to Vote for Pro-


posed Amendment to the Constitution Of the


United States to Abolish Slavery.


To the Republican Senators and Representa-


ttves Of The General Assembly Of Ohio:


GENTLEMEN: / have the honor to ac-
knowledge the receipt of communication
from you, through the mediation of our
Governor, in the form of a joint resolution
recently passed by your respective bodies
in which, after the recital OF certain prop
Dsitions, you resolve:


'That our Senators and Representatives
in Congress be requested to use their in
fluence and vote for the proposition now
pending in Congress to amend the Consti-
tuition Of the United States, so that neither
slavery nor involuntary sorvitn1e. except
as a punishment for crime, whereof Jfle
party Shall have been duly convicted, shall
exist within the United States, or any place
subject to their jurisdiction, and giving to
Congress power to enforce such prohibi-
tion by appropriate legislation"


The grammatical solution of the last men,
Der of the sentence, "and giving po,gtr TO
Congress-" &C., if it be capable of such
solution, is entirely beyond my power of
perception, and therefore any illustration
which may have been intended by it is un-
available to me. If my moderate knowl-
edge of our English could enable me to in
terpret the words, l would endesvor 10
give a just appreciation to the sense Of the
Legislature of my State. can conceive of
nc" "power" which you in your represeu-
tative body, or we in ours, can give to Con-
gress or any other agency to change the
Constitution of the United States any other
mo ha ul hn
of that instrument. .g..


1t is, perhaps, good custom of the Leg
islatures of our States, when they justly as
sumo to reflect the popular desire, to in
struct their Senators, and request their
Representatives in Congress TO support
such legislative measures as the people,
who are, at least in theory, the fountain of
political power, demand a; but it is only that
truly reflected popular sense which gives
authority to the instruction or request.
Neither the sober sense of the people of
Ohio, nor of that portion of them whom l
represent has ever been declared in favor
of the proposition which you ask us tosup-
port.


cannot accede to your request to use any
influence, if have it, or ST to vote for the
proposition now pending in Congress to
amend the Constitution of the United



suade me from it. l was elected to the
present Congress principally for the reason
that q majority of the citizens of the Four
teenth District believed me to be unaltera-
bly, attached and faithful to the Constitu-
tion and the Union of States which was based
lIpbnit. The path to my seat was through
apledge to that primary obligation in a still
more solemn form, and oath to support,
maintain and defend that Constitution. Be-
ing solicited to do what believe would be
violation of that oath, must rely upon
my own sense and conscience, and not up
on majority of the Legislature of my
State, to interpret the obligation. 1t is OF
Increased Importance now by reason of the
peculiar eXigencies of the times. Your
official position places you under the same
high obligation. We can noneof us escape
the criminality of violating our trust, if, by
direct force, or by the assumption of legis-
lative powers which are expressly and
purposely withheld from lis, we attempt to
overthrow or change its provisions. AS the
supreme law of the realm, the Constitution,
in its fifth article, provides the only method
by which it can be lawfully changed.
Your attention is invited to the words OF
that paramount provision, which seems to
have been forgotten by many who arebound
to its support: p. ar,n.


"The Congress, whenever two-thirds OF
both House shall deem it necessary, shall
propose amendments to this Constitution,
or, on the application of the Legislatures OF
two-thirds of the several States, shall call q
Convention for proposing amendments,
which, in either case, shall be valid to all
intents and purposes as part of this Copsti-
tuition when ratified by the Legislatures OF
three-fourths of the several States, or by
in, he
the one or the other mode of ratification
may be proposed by the Congress; provid-
ed that no amendment which may be made
prior to the year 1908 shall in any manner
affect the first and fourth clauses in the
ninth section of the first article, and that
no State, without its consent shall be de-
prived of its equal suffrage in the Senate


To go through the form of framing and
adopting the proposed amendment without
regard to the foregoing acquisitions would
produce as little legal effect upon proprie-
tary rights in the seeded States as would
the resolution of a political convention in
Ashtabula county. Therefore, request
you, if you can, to inform your representa-
tives in Congress, before they shall be call.
ed upon, in concurrence with orin rejection
of your judgment, to give their votes, by
what power or authority, under the existing





dition, and under the provisions of the fifth
article, the Constitution can be amended as
proposed. The question is not how it may
be violated and spurned-the secessionists
have sufficiently shown us that.


We all know that eleven States are not
represented in the present Congress, and
are not in condition to give their consent
or dissent to the proposition. The adher.
ing States are less than three-fourths o.
thirty-four; therefore, until the Union shal
be restored, or enough of the recusant
States shall return to make three-fourths
of the wholenumber, the Constitution can
not be amended by the assent of Leg.
islatures or conventions OF the people O.
the requisite number of States. Qoi gsno
What say you, then, is the process by
which you demand that before restoration
of the Union, or of States sufficient to con.
stitute three-fourths of the wholeconfeder
alton, the Constitution shall beamended p
Do you say that the States whose people, ii
part, are in rebellion against the Genera
Government, in legal theory, andin factart
out of the Union, as they claim to be? u Dc
YOU claim that the rebellious States arefor,
eign powers and their inhabitants foreign
people, and not subject to the Constitution
and laws of the United States, and tina
| therefore the Constitution can be amended
without their concurrence, and afterwards
enforced upon them in its new form?-
| Every one Of you has committed himself t.
| contrary doctrine q thousand times. AL
our proceedings and declarations since thi
commencement of the rebellion have assert
| ed the legal integrity of the Union. w,
have waged war upon the Southern people
| and continue to- send against them on
| ! I, rnr1 fho how