Year: 1866

to diminish that regard for the sacredness


of the Constitution, which all our people
ought ever to cherish.


The committee are of the opinion that


the Constitution was not complied with in


another particular, in the manner of pro-


posing this amendment. The third clause


of 7th section, article first, provides that


"eUery order, resolution or cote, to which


" the concurrence of the Senate and House


" of Representatives may be necessary,


GO Except on question of adjournment, J


'shall be presented to the President of the


4" United States, and before the same shall


stake effect, shall be approved by him,


cor, being disapproved by him, shall be


"re-passed by two-thirds of the Senate and


{" House of Representatives, according to


GO the rules and limitations prescribed ir


"the case of a bill" A proposition to


amend the Constitution is certainly inclu-


ded in the terms of that provision, as being


a matter requiring the concurrent action of


the two Houses. The pending amendment,
| however, was never presented to the Presi-
| dent for his approval, but sent directly to
J the Department of State, to be transmitted


thence to the respective States.


| And it is far from a satisfactory answer to
: this, to say that because the proposition


was originally passed by a two-thirds ma
jority, it need not be presented to the Pre-


sident, since his disapproval would not af-
| feet it; for his disapproval would notatfectit
had returned it with his objections,


occurrence not remarkable in the past his
| tory of the Government And this Te-puS-
| sage over his reto, by the two-thirds major


lty, Is required before any order, resolu-
| ton, or vote of Congress can take eff
| fect," even though on it's original passage
! it may have received an unanimous sup
port.


If it should be said that any doubts as to
! the validity of the proposed amendment,
whether ratified or rejected, under present
| circumstances, will be obviated by the
strong arm of power, which will validate it
at all hazards, the ready answer is, that if
| the strong arm can give validity to an


amendment adopted in disregard and def


ance of some Of the prescri ptions of the organ


ic law, it can with the same propriety set


them all aside. On that supposition the
Constitution would be at the mercy of the
| strongest, and could at any time be moul-
! ded according to the will of d mere majori-
| ty, however unscrupulouS or despotc that


ajority might be. 1t would thus become
the plaything of politicians and parties its
sanctity profaned, and its glory departed.
The committee do not present their views
in any spirit of cdptiousness, nor as the adj
vocates of mere sectional interests not
withstanding the amendment proposed is
unquestionably designed to operate on the
Southern States of this Union indeed such
are the avowals of its advocates. But the
question of its ratification under existing
auspices is of the gravest import to the
whole country, and to the cause of free,
constitutional government. In the muta-
tions of human affairs and the conflict of
interest and opinion that may arise in the
future history of this great and widespread
nation, the time may come when changes
of the Federal Constitution may be made in
derogation of the rights and interests of
other parts Of tie Union. In so grave a
matter too muc. precautiOn cannot be used.
The Constitution is the basis of our liber-
ties. No true American has ever ceased to
regard it as peculiarly sacred, as we'll as for
its own intrinsic excellence, as for the ex-
alted character of its patriotic founders
And it should never be forgotten that those
good and great men, inspired by lofty deeds,
in a spirit of fOrbearance, cancellation and
compromise, and in the exercise of an en-
lightened craftsmanship, framed this great
bulwark of civil and religious liberty. Even
those who are called "Rebels have never
spoken lightly of it. The affections of all
sincere lovers .of liberty twine around it,
like ivy around some hallowed shrine where
the heart pours forth its profoundest devo-
tions.


Many of the prominent questions of the
present time are of temporary interest only,
and will soon be forgotten and with them
will pass away the passions and hate which
they have engendered But the Constitu-
ton was made for all ages-for peace and
for war. All patriots will unite in the hope
that its majesty and symmetry may not be
marred by the incorporation of Amend
ments shaped amid the excitements of these
tempestuous days, and made part of it
through methods of proceeding which are


hasty and i'll considered, and unwarranted


by the provisions of the instrument itself
Proceeding moro i'll detail, to the merits


of the proposed amendment, the commit
tee have confined themselves to it's most
prominent features.


In the first section it is provided, that


g no State shall make or enforce any law


which shall abridge the prioHeges or i'm
! 'naualieS of citizens of the United States P"
What those privileges and immunities are
is not defined. Whether reference is bad


only to such privileges and immunitles as


may be supposed now to exist, or to all
others which the Federal Government may
hereafter declare to belong to it, or may
choose to grant to citizens, is left in doubt,
though the latter construction seems the
more natural, and Is one which the Gov


ernment could at any time insist upon as
correct and entirely consistent with the


language used. With this construction


placed upon it, what limit would remain


to the power of that Government to inter
fere in the internal affairs of the States.-
And what becomes of the right of State


to regulate it's domestic concerns in its own


way ? Whatever restrictions any State
might think proper for the general good,
to impose upon any or all of its citizens,
upon declaration 10y the Federal Govern
ment, that such restrictions were an abridg


ment of the privileges or immunities of the
citizens of the Union, such State laws would
at once be annulled. For instance, the law
of North Carolina forbids stheintermarriage
of white persons and negroes. But if the
Amendment be ratified, the Government
of the United States could declare that


this law abridge the privileges of citi-


zens, and must not he enforced and mis-
| cegenation would thereupon be legalized
| III this Commonwealth. Grant that such


action on thep part of the Government would


not be probable, still it would be possible,


and It's bare possibility sufficiently exempli-


hes the boundlessness of the powers which
| this Amendment wOul1 ooDfor on tho Fa6-