hat the people of the States themselves
might elect delegates to a convention, who should carefully consider
the whole subject. The Kentucky resolutions were transmitted to the
President, who sent them to Congress, as he said, with great pleasure.
Kentucky stated that she was in favor of the so-called Crittenden
resolutions, but she did not request Congress to propose them as
amendments to the Constitution.
How is this body constituted? Do we, its members, represent the people
of the several States? Have they had an opportunity to elect
delegates, to select those in whom they had confidence and whom they
could trust? Not at all. Why should we assemble here and express our
wishes to Congress in reference to the Constitution without permitting
California, Oregon, or many other States not here represented, to
unite in our deliberations? I cannot assent to such an unfair
proceeding toward other States.
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
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