CONCURRENT RESOLUTIONS IN THE SENATE, DECLARING THE ADOPTION, DECEMBER
4, 1865.
Concurrent Resolutions declaring the adoption of the
Constitutional Amendment abolishing Slavery.
Whereas Congress, by a vote of two thirds of both Houses, did
heretofore propose to the Legislatures of the several States for
ratification an Amendment to the Constitution in the following words,
to wit:--
“ARTICLE XIII. _Section 1._ Neither slavery nor involuntary
servitude, except as a punishment for crime whereof the party
shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.
“_Section 2._ Congress shall have power to enforce this Article
by appropriate legislation.”
And whereas, at the time when such Amendment was submitted, as well
as since, there were sundry States which, by reason of rebellion,
were without Legislatures, so that, while the submission was made in
due constitutional form to “the Legislatures of the several States,”
in obedience both to the letter and spirit of the provision of the
Constitution authorizing Amendments, it was not, as it could not be,
made to all the States, there being a less number of Legislatures of
States than there were States;
And whereas, since the Constitution expressly authorizes Amendments
to be made, any construction which would render the making of them at
times impossible must violate both its letter and its spirit;
And whereas, to require the ratification by States without Legislatures
as well as by “the Legislatures of the States,” in order to be valid,
would put it in the power of long-continued rebellion to suspend not
only the peace of the nation, but its Constitution also;
And whereas the count of States in rebellion enables such States by
silence to vote against the Constitutional Amendment, thus giving to
their silence the same effect as a vote;
And whereas, from the terms of the Constitution and the nature of the
case, it belongs to the two Houses of Congress to determine when such
ratification is complete;
And whereas more than three fourths of the Legislatures to which the
proposition was made have ratified such Amendment: Now, therefore,
_Be it resolved by the Senate (the House of Representatives
concurring)_, That the Amendment abolishing Slavery has become and is
part of the Constitution of the United States.
_Resolved_, That, notwithstanding the foregoing resolution, yet,
considering the great public interest which attaches to this question,
the Legislatures which have not ratified the Amendment be permitted
to express their concurrence by the usual form of ratification, to be
returned in the usual manner.
_Resolved_, That no one of the States, to the Legislatures of which
such Amendment could not be submitted, by reason of rebellion against
the United States and having no Legislatures, be permitted to resume
its relations, and have its Legislature acknowledged and its Senators
and Representatives admitted, until its Legislature has first ratified
such Amendment in recognition of the accomplished fact.
These resolutions were read and ordered to be printed. They
were also entered at length on the Journal of the Senate.