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Arkansas
House Journal

 

 

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                                                                                                                                           267

not proposed by legal authority but in palpable
violation of the Constitution
       The doctrine that a State cannot secede was
maintained by force of arms – that a state of the
Union is always and of the United States and the
people thereof amenable to its laws and therefore
Arkansas has and is now entitled to all rights
guaranteed by the Constitution
      At a certain period the representatives were
withdrawn from the national council and there was
for a time a voluntary suspension of the relations
of the State to the United States.
      Subsequently the State sought to resume their
relations by sending members of Congress possessing
the qualifications required by law to again participate
in the legislation of the country
      This privilege was not conceded and they
were excluded from their seats by the voice of a
dominant political majority and not permitted to
take part in the formation of the Amendment propos-
ed
       From the facts recited, it is evident that it is
not before this body under the authority contemplated by
the Constitution having known the illegality of its
presentation and protesting against the Congressional
exercise of powers not inferred by law as inconsistency
with the equality and dignity and distinction of the
sovereignty of the State. Your committee express the opin-
ion that it should be a fact(?) upon and will briefly
present the reasons which influence them in recom-
mending its rejection.
       The first section declares who are to be
citizens of the United States and of the several states
taking from the latter a power now exercised by them
in determining who shall enjoy that political right.
The Negro is embraced and the States prohibited from
abridging his immunities as a citizen of the United
States which Amendment, Congress with authority
do define what rights he shall enjoy and by legila-
tive enactments elevate him to a political equality with
the White race It also transfers to Congress jurisdiction
of the local and internal affairs of the states
virtually destroying the independence of their courts
and centralizing their reserved powers in the
Federal Government.
       The second section would entirely revolution-
ize the basis of representation unless the elective