Year: 1868

trusted with the duty of bringing
about the adoption Of an amondmen
Of the Constitution of the United
States, in ten States made subject un.
I'll its adoption to the absolute will OF


military commanders and kept cxclu.
ded from Congress and from tho right
of sell. government, and the enjoyment
OF civil government, until that amend
mcnt had become part Of the funda.
mental law Of the Unoin. Bold and
apparently well contrivod as the
scheme was, it was dangerous one
in respect to its possible issues for
when its execution began, the four
teenth amendment had been ratified
by only twenty States, and public
opinion respecting it was liable to
change. II did change so rapidly in
Two OF tho States. Ohio and New. .Ier,
scy, that Legislatures were chosen
under implicit instructions TO with
draw the ratifications previously Civ
en-, and this was done, and done in
season. Moreover, of the States not
accounted "rcbel," only one more has
ratified the amendment, making TWEEN
ty-three in all, if Ohio and New Jer-
sey are to be counted as having rati-
fed it. Setting aside the question,
therefore, in rclat on to Ohio and New
Jersey, the validity Of the supposed
adoption of this amendment as part
Of the Constitution turns upon the
manner in which it has been forced
through the States called "rebel,"
while subject to the military power of
the United States, and to the para
mount authority of Congress" and
under the coercion of conditions at.
tending the actions Of those States
upon it.


IS THE CONSTITUTION TO BE THUS TINK-


Erred ATi


Will the people Of the United States
admit that their National Constitution
is subject to alteration by such a pro-
cess as lhisY Will the jurists of this
country hold that coercion applied
by military power, exercised under
an asserted paramount authority of
Congress-" for the purpose of compel
ling seeming ratification Of an
amendment which Congress desires
to have adopted, does not affect the
validity of the proceeding? Will any
publicist of reputation assert that the
Constitution is liable to be changed
by the action Of States which are not
represented in Congress, which are
denied the privileges of civil govern
ment, and which at the very moment
Of acting on a proposed amendment
are held as conquered provinces nn-
der the will of military commanders,
and their standing as members Of the
Union suspended upon the fRal adop-
tion of the amendment by sufficient
of all the States to reach the
requisite three-fourths win any
such person say that when the Con-
stitution speaks of tho Legislature"
Of a State as the body to ratify an
1. means a Legislature
picked by Congress in order to secure
the adoption of the amendment n Will
ho say that the Constitution has con-
ferred on Congress any function but
to "propose" amendments, or that it
has empowered Congress to use any
influence whatever in regard to their
adoption


CONFUSION is FRAUD.


Walking by such lights as a faithful
study Of jurisprudence has enabled me
to havo-I profess no other guide,
and follow this in humble Difference to
the paramount authority"-I had |
that when an act is 10 be
done, by body polite or a private
person, which Is to be done by the ex.
Drcisc of free will, the mere presence
Of constraint or menace of any kind,
TO affect that will, renders the act in
valid. | had supposed that force or
compulsion, in any form, is a fraud,
and that no advantage can DO taken
Of a consent which has been obtained
by fraud. / had been taught by the
of She law of all ages that
consent without freedom of the will is
no consent; and from the great men
who established our institutions-who
1igged for us the perennial well OF
our liberties, and bade us drink of it
for all genorations--I had learned, or
/ had learned, that perfect
freedom from all restraint, oompulsion
DR. undue influence, is thevery essence
Of all lawful changes in our constitu-
lional system. So, am sure, they
meant their system TO be understood
md acted upon; and so, am equally
their descendants must re-
gard it, if they mean topreservc their
liberties.


A FEARFUL PRECEDENT.


This precedent is of fearful import
We are told that the Constitution of
he United States has been changed,
N respect to the representative basis