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Ludlow tells us that it was first communicated by Lambert to a council of field officers. When some objections were made, he replied, that the general was willing to consider any amendments which might be proposed, but would not depart from the project itself.
What is said respecting religious freedom? In Art. VI of the Constitution, we read: "No religious test shall ever be required as a qualification to any office or public trust under the United States." In Art. I of Amendments of the Constitution, we read: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The reason is that the Constitution expressly declares in the Fifth Article the one which deals with amendments "that no State, without its consent, shall be deprived of its equal suffrage in the Senate." This provision was incorporated into the Constitution at the suggestion of Roger Sherman of Connecticut.
After receiving many amendments in the house of commons, it was on the tenth of May passed, and sent to the lords; but several objections being made to it by some of the peers, and it seemed to them that some further amendments were still necessary, which they thought they could not in that session spare time to consider so maturely as the importance of the subject required, a negative of fifty-nine against twenty-three was put upon the motion for passing the bill; though every one must have been sensible, not only of the propriety, but even of the absolute necessity of such a law, which was ardently desired by the whole nation.
I have thought it expedient, in submitting them to the Senate with a view to their advice and consent to the ratification of the treaty in its present form, to have the entire instrument taken into a continuous draft, as well the portions by far the greater part already assented to by the Senate as the modifications proposed by the Government of the Swiss Confederation in reference to these amendments.
They must pass two legislatures by a two-thirds majority each time. The Legislature sits biennially. A Constitutional Convention can also pass amendments without reference to the people. B. Passed by majority one Legislature and majority vote of people on the referendum or by constitutional convention with referendum: Missouri Biennial Legislature. Initiative petition also possible.
Whether this treaty, either in its original or amended form, would have accomplished the object intended without giving birth to new and embarrassing complications between the two Governments, may perhaps be well questioned. Certain it is, however, it was rendered much less objectionable by the different amendments made to it by the Senate.
While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor rather than oppose a fair opportunity being afforded the people to act upon it.
Some amendments and mitigations being inserted in the bill, it passed the house, was sent back to the lords, who agreed to the alterations, and then received the royal assent. The next effort of the minister was obliquely levelled at the liberty of the press, which it was much for his interest to abridge.
Two years later he became the champion of the constitutional amendments proposed by the Fourth Constitutional Convention of Ohio, then sitting, and as such was unanimously nominated by his party for Governor, on a platform which demanded a "new order" of things in Ohio.
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