DECLARATORY RESOLUTIONS IN THE SENATE, FEBRUARY 4, 1865.

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.

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