A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861Chittenden, L. E. (Lucius Eugene)
History
A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861
Chittenden, L. E. (Lucius Eugene)
Conference Convention (1861 : Washington, D.C.); United States -- Politics and government -- 1857-1861
Suppose one-half the States should request Congress to propose
amendments, will Congress agree to it? No, sir. The Constitution
provides that Congress shall not propose amendments without the
consent of two-thirds of the States. Congress has not deemed any
amendments necessary, so far as we know, and yet a majority of the
committee of this body ask Congress to propose the amendments on our
responsibility alone. It appears to me, then, that this proceeding
must be regarded not as one known to the Constitution, but as a
revolutionary proceeding. All the States are not represented here, nor
have all had an opportunity to be so represented. Some of us are
acting under the appointment of the Legislatures of our States; other
delegates are simply appointed by the Executives of their States and
are acting without any legal authority. We are not standing upon equal
ground; some are only acting upon their own judgment; others are
acting under instructions from their several Legislatures. If the
Virginia Legislature itself were here, its action would differ
materially from the present views of the delegates from that State.
But how is this? The Resolutions of the Legislature of Virginia make
the statement that unless these questions are settled, and settled
soon, there is danger of the disruption of the Union. Admit this to be
so, and it furnishes no reason for changing the mode of proposing
constitutional amendments. The Constitution knows no such danger. It
is a self-sustaining Constitution, and was supposed to contain within
itself the power to secure its own preservation. The Constitution
ought not to be amended without the deliberate action of the people
themselves. I cannot and I will not disregard their rights. I cannot
recognize the claim that the secession of a State, by an ordinance of
its Convention, can carry either the State or its people out of the
Union. There is no such thing as _legal_ secession, for there is no
power anywhere to take the people out of the protecting care of the
Government, or to relieve them from their obligations to it.
And where is the clause in the Constitution that authorizes the call
upon Congress to do what Congress is asked to do here? The
Constitution was adopted "to form a more perfect Union." The people
were not to be allowed to alter it, except in the two modes prescribed
in it. The Convention which adopted it did not propose that changes
should be made in it without ample time for deliberation and
discussion. We are here, then, simply as conferees from States
expressing our individual opinions. We are now asked to recommend to
Congress amendments to our fundamental law; we have no more right to
do so than members of the so-called Southern Confederacy. We, a mere
fraction of the people, propose to unite in bringing a pressure upon
Congress, which shall induce it to propose these amendments. This was
not one of the modes contemplated or provided by the framers of that
sacred instrument.
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