TO THE EDITOR OF THE NEW YORK EVENING POST.

As a faithful reader of the “Evening Post” for many years, I

have perused your article insisting that all present effort

for guaranties of national security and national faith must

be postponed, in order to obtain the ratification of the

Constitutional Amendment by which slavery is abolished throughout

the United States. If the Constitutional Amendment were not

already ratified by the requisite number of States, I should

doubt if even this most desirable object could be a sufficient

excuse for leaving the national freedman and the national

creditor exposed to peril, when exertions now can save them.

But allow me to inquire if you do not forget, that, according

to usage of the National Government in analogous cases, this

Amendment has been already ratified by the requisite number of

States, so that at this moment it is valid, to all intents and

purposes, as part of the Constitution? There was a butcher once

who looked everywhere for his knife, forgetting that he held it

between his teeth; there also was the good Dr. Dove, who was in

love without knowing it; and you have laughed, I am sure, at the

story told by Southey to illustrate this condition, where the

traveller, asking how far it was to a place called “The Pan,” was

answered directly, “You be in the Pan now.” It seems to me, that,

like the traveller, the doctor, and the butcher, you already have

what you desire; so that, even according to your programme, the

way is clear for insisting upon those other things embraced under

“Security for the Future.”

The Constitution of the United States decides that “the Congress,

whenever _two thirds of both Houses_ shall deem it necessary,

shall propose amendments to this Constitution, … which shall be

valid, to all intents and purposes, as part of this Constitution,

when ratified by _the Legislatures of three fourths of the

several States_.” On these words the simple question arises, What

constitutes the quorum?

But the usage of the National Government in analogous cases has

determined that the quorum is founded on the States _actually

participating in the Government_. This has been decided in both

Houses of Congress. The House of Representatives led the way

in fixing its quorum _according to actual representation_, or,

in other words, at “a majority of the members chosen.”[253]

The Senate, after careful consideration and protracted debate,

followed in establishing a similar rule.[254] The Constitutional

Amendment was adopted by both houses _organized according to

this rule_. The national debt has been sanctioned by both houses

_thus organized_. Treaties also with foreign powers have been

sanctioned in the Senate _thus organized_.

Applying this rule, the quorum of States requisite for the

ratification of the Constitutional Amendment is plainly three

fourths of the States _actually participating in the Government_,

or, in other words, three fourths of the States having

“Legislatures.” Where a State has no Legislature, it may be still

a State, but it cannot be practically counted in the organization

of Congress; and I submit that the same rule must prevail in

the ratification of the Constitutional Amendment. The reason of

the rule is the same in each case. If you insist upon counting

a rebel State, having no Legislature, you make a concession

to rebellion. You concede to a mutinous State the power to

arrest, it may be, the organization of Congress, or, it may be,

amendments to the Constitution important to the general welfare.

This is not reasonable. Therefore, on grounds of reason as well

as usage, I prefer the accepted rule.

If this conclusion needed the support of authority, it would find

it in the declared opinion of one of our best law-writers, who

is cited with respect in all the courts of the country. I refer

to Mr. Bishop, who, in the third edition of his “Commentaries

on the Criminal Law,” published within a few days, discusses

this question at length. In the course of his remarks he uses

the following language: “If the matter were one relating to

any other subject than Slavery, no legal person would ever

doubt, that, when there are States with Legislatures and States

without Legislatures, and the Constitution submits a question

to the determination of ‘the Legislatures of three fourths of

the several States,’ the meaning is, three fourths of the States

which have Legislatures. In fact, it does not require either

legal wisdom or legal acumen to see this, provided we look at the

point disconnected from the peculiar subject of Slavery.”[255]

The learned author then proceeds to illustrate this statement in

a manner to which I can see no answer.

To my mind all this seems so plain that I am disposed to ask

pardon for arguing it. Of course there is no question whether a

State is _in_ the Union or _out of_ the Union. It is enough that

it is without a Legislature, and on this point there can be no

question. Being without a Legislature, it cannot be counted in

determining the quorum.

Therefore, beyond all dispute, the Constitutional Amendment has

been already ratified by the requisite number of States; so

that Slavery is now constitutionally abolished twice,--first,

by the Proclamation of President Lincoln, under the war powers

of the National Constitution; and, secondly, by Constitutional

Amendment. It remains that we should provide supplementary

safeguards, and complete the good work that has been begun,

by taking care that Slavery is abolished in spirit as well as

letter, and that the freedmen are protected by further needed

guaranties. Without this additional provision, I see small

prospect of that peace and reconciliation which are the object so

near our hearts.

Charles Sumner: his complete works, volume 12 (of 20) · 第 108 / 126 题