Concurrent Resolutions declaring the rule in ascertaining
the three fourths of the several States required in the
ratification of a Constitutional Amendment.
Whereas Congress, by a vote of two thirds of both Houses, has proposed
an Amendment to the Constitution, prohibiting Slavery throughout
the United States, which, according to existing requirement of the
Constitution, will be valid, to all intents and purposes, as part of
the Constitution, when ratified by the Legislatures of three fourths of
the several States; and
Whereas, in the present condition of the country, with certain States
in arms against the National Government, it becomes necessary to
determine what number of States constitutes the three fourths required
by the Constitution: Therefore,
_Resolved by the Senate_ (the House of Representatives concurring),
That the rule followed in ascertaining the two thirds of both Houses
proposing the Amendment to the Constitution should be followed in
ascertaining the three fourths of the several States ratifying the
Amendment; that, as in the first case the two thirds are founded on the
simple fact of representation in the two Houses, so in the second case
the three fourths must be founded on the simple fact of representation
in the Government of the country and the support thereof; and that any
other rule establishes one basis for the proposition of amendment and
another for its ratification, placing one on a simple fact and the
other on a claim of right, while it also recognizes the power of Rebels
in arms to interpose a veto upon the National Government in one of its
highest functions.
_Resolved_, That all acts, executive and legislative, in pursuance
of the Constitution, and all treaties made under the authority of
the United States, are valid to all intents and purposes throughout
the United States, although certain Rebel States fail to participate
therein, and that the same rule is equally applicable to an Amendment
of the Constitution.
_Resolved_, That the Amendment of the Constitution prohibiting Slavery
throughout the United States will be valid to all intents and purposes
as part of the Constitution, whenever ratified by three fourths of the
States _de facto_, exercising the powers and prerogatives of the United
States under the Constitution thereof.
_Resolved_, That any other rule, requiring the participation of the
Rebel States, while illogical and unreasonable, is dangerous in its
consequences, inasmuch as all recent Presidential proclamations,
including that of Emancipation, also all recent Acts of Congress,
including those creating the national debt and establishing a national
currency, and also all recent treaties, including the treaty with Great
Britain for the extinction of the slave-trade, have been made, enacted,
or ratified, respectively, without any participation of the Rebel
States.
_Resolved_, That any other rule must tend to postpone the great day
when the prohibition of Slavery will be valid to all intents and
purposes as part of the Constitution of the United States; but the
rule herewith declared will assure the immediate ratification of the
prohibition, and the consummation of the national desires.
On motion of Mr. Sumner, these resolutions were printed and
laid on the table. Besides hastening the adoption of the
Constitutional Amendment, it was hoped that they would help
prepare the way for Reconstruction.