WASHINGTON, D.C., _June 22, 1866_.
_To the Senate and House of Representatives_:
I submit to Congress a report of the Secretary of State, to whom was
referred the concurrent resolution of the 18th instant, respecting a
submission to the legislatures of the States of an additional article to
the Constitution of the United States. It will be seen from this report
that the Secretary of State had, on the 16th instant, transmitted to the
governors of the several States certified copies of the joint resolution
passed on the 13th instant, proposing an amendment to the Constitution.
Even in ordinary times any question of amending the Constitution must be
justly regarded as of paramount importance. This importance is at the
present time enhanced by the fact that the joint resolution was not
submitted by the two Houses for the approval of the President and that
of the thirty-six States which constitute the Union eleven are excluded
from representation in either House of Congress, although, with the
single exception of Texas, they have been entirely restored to all their
functions as States in conformity with the organic law of the land, and
have appeared at the national capital by Senators and Representatives,
who have applied for and have been refused admission to the vacant
seats. Nor have the sovereign people of the nation been afforded an
opportunity of expressing their views upon the important questions which
the amendment involves. Grave doubts, therefore, may naturally and
justly arise as to whether the action of Congress is in harmony with
the sentiments of the people, and whether State legislatures, elected
without reference to such an issue, should be called upon by Congress
to decide respecting the ratification of the proposed amendment.
Waiving the question as to the constitutional validity of the
proceedings of Congress upon the joint resolution proposing the
amendment or as to the merits of the article which it submits through
the executive department to the legislatures of the States, I deem it
proper to observe that the steps taken by the Secretary of State, as
detailed in the accompanying report, are to be considered as purely
ministerial, and in no sense whatever committing the Executive to an
approval or a recommendation of the amendment to the State legislatures
or to the people. On the contrary, a proper appreciation of the letter
and spirit of the Constitution, as well as of the interests of national
order, harmony, and union, and a due deference for an enlightened public
judgment may at this time well suggest a doubt whether any amendment to
the Constitution ought to be proposed by Congress and pressed upon the
legislatures of the several States for final decision until after the
admission of such loyal Senators and Representatives of the now
unrepresented States as have been or as may hereafter be chosen in
conformity with the Constitution and laws of the United States.