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)
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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
But the objection of Mr. BALDWIN is opposed here, and it is one which
must be answered. He says this is the wrong way to propose amendments
to the Constitution--that our action is inconsistent with that
instrument. He does not claim that it is prohibited by the letter, but
by the spirit of the Constitution. Where does he get the spirit but
from the letter? There are two methods of proposing amendments to the
Constitution provided by that instrument. Let us see what they are.
Mr. JOHNSON here read the article of the Constitution providing for
amendments, and continued:
One is where two-thirds of Congress deem it advisable to propose
amendments; the other is where the States themselves propose them. My
learned brother would have us believe that the members of Congress,
acting under their official oaths, must each be satisfied that each
amendment proposed is proper to be incorporated in the instrument,
before they should propose them; and he maintains that there is a
difference, in fact, in the two methods prescribed. What right has
this body, if there is any force in this objection, to submit _his_
proposition to the States? If what we propose is revolutionary, then
what he proposes is revolutionary. I reply to him, with all respect
for his legal ability, and with all the humility which becomes me, and
insist that he is wrong. He refers to the opinion of Judge COLLAMER. I
hold Judge COLLAMER in much respect, and his opinion in great honor
here, but his statements are at war with the objections made by the
gentleman from Connecticut. Judge COLLAMER maintains that it is the
duty of Congress _to propose_ amendments, not to _recommend_ them. It
would be entirely proper, according to his opinion, for Congress to
propose amendments which they would not adopt themselves. I go
somewhat farther, and insist that it is the duty of Congress to
propose amendments whenever desired by any State or any considerable
section of the Union. If we have no right to suggest a line of action
to Congress, no right to petition Congress, no right to ask Congress
to propose amendments, as the gentleman insists, we had better go
home, or rather, I should say, we should never have come here.
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