"spare that tree" of the Constitution, and to "touch not a
single bough," because, among other reasons, "in youth it sheltered"
him; and furthermore, because "the time" was "most inopportune;" and,
after Mr. Rollins, of Missouri, had made a speech, which he afterward
suppressed; Mr. Pendleton closed the debate in an able effort, from his
point of view, in which he objected to the passage of the Joint
Resolution because "the time is not auspicious;" because, said he, "it
is impossible that the Amendment proposed, should be ratified without a
fraudulent use of the power to admit new States, or a fraudulent use of
the Military power of the Federal Government in the Seceded States,"
--and, said he, "if you should attempt to amend the Constitution by such
means, what binding obligation would it have?"
He objected, also, because "the States cannot, under the pretense of
amending the Constitution, subvert the structure, spirit, and theory of
this Government." "But," said he, "if this Amendment were within the
Constitutional power of amendment; if this were a proper time to
consider it; if three-fourths of the States were willing to ratify it;
and if it did not require the fraudulent use of power, either in this
House or in the Executive Department, to secure its adoption, I would
still resist the passage of this Resolution. It is another step toward
consolidation, and consolidation is Despotism; confederation is
Liberty."
It was about 4 o'clock in the afternoon of June 15th, that the House
came to a vote, on the passage of the Joint Resolution. At first the
strain of anxiety on both sides was great, but, as the roll proceeded,
it soon became evident that the Resolution was doomed to defeat. And so
it transpired. The vote stood 93 yeas, to 65 nays--Mr. Ashley having
changed his vote, from the affirmative to the negative, for the purpose
of submitting, at the proper time, a motion to reconsider.
That same evening, Mr. Ashley made the motion to reconsider the vote by
which the proposed Constitutional Amendment was rejected; and the motion
was duly entered in the Journal, despite the persistent efforts of
Messrs. Cox, Holman, and others, to prevent it.
On the 28th of June, just prior to the Congressional Recess, Mr. Ashley
announced that he had been disappointed in the hope of securing enough
votes from the Democratic side of the House to carry the Amendment.
"Those," said he, "who ought to have been the champions of
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