Article XIII was proposed by Congress February 1, 1865, and declared in force December 18, 1865, in the following proclamation (U. S. Statutes at Large, Vol. 13, page 775): * * * WHEREAS, It appears from official documents on file in this department that the amendment to the Constitution of the United States proposed as aforesaid, has been ratified by the legislatures of the states of Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia; in all twenty-seven states; AND WHEREAS, The whole number of states in the United States is thirty-six; AND WHEREAS, The before specially named states, whose legislatures have ratified the said proposed amendment, constitute three fourths of the whole number of states in the United States: Now, THEREFORE, be it known, that I, William H. Seward, Secretary of State of the United States, by virtue and in pursuance of the second section of the Act of Congress, approved the twentieth of April, eighteen hundred and eighteen, entitled "An Act to provide for the publication of the laws of the United States and for other purposes," do hereby certify that the amendment aforesaid has become valid, to all intents and purposes, as a part of the Constitution of the United States. IN TESTIMONY WHEREOF, I have hereunto set my hand, and caused the seal of the Department of the State to be affixed. Done at the City of Washington, this eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-five, and of the independence of the United States of America the ninetieth. [L. S.] WILLIAM H. SEWARD, Summary.-Number of states in Union, 36. Number of states ratifying at date of promulgation, 27. Subsequently the amendment was ratified by the following states: California, Florida, Iowa, Mississippi, New Jersey, Oregon, and Texas-7. Rejected by Delaware and Kentucky-2. Article XIV was proposed by Congress June 16, 1866. Mr. Seward, the Secretary of State, issued two promulgations of this amendment-the first being dated July 20, 1868 (U. S. Statutes at Large, Vol. 15, page 706), and reads as follows: * * * WHEREAS, By the second section of the Act of Congress, approved the twentieth of April, one thousand eight hundred and eighteen, entitled "An Act to provide for the publication of the laws of the United States, and for other purposes," it is made the duty of the Secretary of State forthwith to cause any amendment to the Constitution of the United States, which has been adopted according to the provisions of the said Constitution, to be published in the newspapers authorized to promulgate the laws, with his certificate specifying the states by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States; AND WHEREAS, Neither the Act just quoted from, nor any other law, expressly or by conclusive implication, authorizes the Secretary of State to determine and decide doubtful questions as to the authenticity of the organization of state legislatures, or as to the power of any state legislature to recall a previous act or resolution of ratification of any amendment proposed to the Constitution; AND WHEREAS, It appears from official documents on file in this department that the amendment to the Constitution of the United States, proposed as aforesaid, has been ratified by the legislatures of the states of Connecticut, New Hampshire, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, Rhode Island, Wisconsin, Pennsylvania, Michigan, Massachusetts, Nebraska, and Iowa; AND WHEREAS, It further appears from documents on file in this department that the amendment to the Constitution of the United States, proposed as aforesaid, has also been ratified by newly constituted and newly established bodies avowing themselves to be and acting as the legislatures, respectively, of the states of Arkansas, Florida, North Carolina, Louisiana, South Carolina, and Alabama; AND WHEREAS, It further appears from official documents on file in this department that the legislatures of two of the states first above enumerated, to wit: Ohio and New Jersey, have since passed resolutions, respectively, withdrawing the consent of each of said states to the aforesaid amendment; and, whereas, it is deemed a matter of doubt and uncertainty whether such resolutions are not irregular, invalid, and therefore ineffectual for withdrawing the consent of the said two states, or either of them, to the aforesaid amendment; AND WHEREAS, The whole number of states in the United States is thirty-seven, to wit: New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Vermont, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Mississippi, Illinois, Alabama, Maine, Missouri, Arkansas, Michigan, Florida, Texas, Iowa, Wisconsin, Minnesota, California, Oregon, Kansas, West Virginia, Nevada, and Nebraska; AND WHEREAS, The twenty-three states first herein before named, whose legislatures have ratified the said proposed amendment, and the six states next thereafter named, as having ratified the said proposed amendment, by newly constituted and established legislative bodies, together constitute three fourths of the whole number of states in the United States: NOW, THEREFORE, be it known that I, William H. Seward, Secretary of State of the United States, by virtue and in pursuance of the second section of the Act of Congress, approved the twentieth of April, 1818, herein before cited, do hereby certify that if the resolutions of the legislatures of Ohio and New Jersey ratifying the aforesaid amendment are to be deemed as remaining of full force and effect, notwithstanding the subsequent resolutions of the legislatures of those states, which purport to withdraw the consent of said states from such ratification, then the aforesaid amendment has been ratified in the manner herein before mentioned, and so has become valid, to all intents and purposes, as a part of the Constitution of the United States. IN TESTIMONY WHEREOF, I have hereunto set my hand, and caused the seal of the Department of State to be affixed. Done at the City of Washington, this twentieth day of July, in the year of our Lord one thousand eight hundred and sixty-eight, and of the independence of the United States of America the ninety-third. [L. S.] WILLIAM H. SEWARD, This document was not accompanied by the order of publication required by the Act of April 20, 1818. Congress on the 21st day of July, 1868, by joint resolution (Statutes at Large, Vol. 15, page 709) resolved that the Fourteenth Article be declared a part of the Constitution and be duly promulgated as such by the Secretary of State. Accordingly the Secretary of State issued the following proclamation (Statutes at Large, Vol. 15, page 710): * * * AND WHEREAS, Official notice has been received at the Department of State that the legislatures of the several states next hereinafter named have, at the times respectively herein mentioned, taken the proceedings hereinafter recited upon or in relation to the ratification of the said proposed amendment, called Article Fourteenth, namely: The legislature of Connecticut ratified the amendment June 30, 1866; the legislature of New Hampshire ratified it July 7, 1866; the legislature of Tennessee ratified it July 19, 1866; the legislature of New Jersey ratified it September 11, 1866, and the legislature of the same State passed a resolution in April, 1868, to withdraw its consent to it; the legislature of Oregon ratified it September 19, 1866; the legislature of Texas rejected it November 1, 1866; the legislature of Vermont ratified it on or previous to November 9, 1866; the legislature of Georgia rejected it November 13, 1866, and the legislature of the same State ratified it July 21, 1868; the legislature of North Carolina rejected it December 4, 1866, and the legislature of the same State ratified it July 4, 1868; the legislature of South Carolina rejected it December 20, 1866, and the legislature of the same State ratified it July 9, 1868; the legislature of Virginia rejected it January 9, 1867; the legislature of Kentucky rejected it January 10, 1867; the legislature of New York ratified it January 10, 1867; the legislature of Ohio ratified it January 11, 1857, and the legislature of the same State passed a resolution in January, 1868, to withdraw its consent to it; the legislature of Illinois ratified it January 15, 1867; the legislature of West Virginia ratified it January 16, 1867; the legislature of Kansas ratified it January 18, 1867; the legislature of Maine ratified it January 19, 1867; the legislature of Nevada ratified it January 22, 1867; the legislature of Missouri ratified it on or previous to January 26, 1867; the legislature of Indiana ratified it January 29, 1867; the legislature of Minnesota ratified it February 1, 1867; the legislature of Rhode Island ratified it February 7, 1867; the legislature of Delaware rejected it February 7, 1867; the legislature of Wisconsin ratified it February 13, 1867; the legislature of Pennsylvania ratified it February 13, 1867; the legislature of Michigan ratified it February 15, 1867; the legislature of Massachusetts ratified it March 20, 1867; the legislature of Maryland rejected it March 23, 1867; the legislature of Nebraska ratified it June 15, 1867; the legislature of Iowa ratified it April 3, 1868; the legislature of Arkansas ratified it April 6, 1868; the legislature of Florida ratified it June 9, 1868; the legislature of Louisiana ratified it July 9, 1868, and the legislature of Alabama ratified it July 13, 1868. Now, THEREFORE, be it known that I, William H. Seward, Secretary of State of the United States, in the execution of the aforesaid Act, and of the aforesaid concurrent resolution of the 21st of July, 1868, and in conformance thereto, do hereby direct the said proposed amendment to the Constitution of the United States to be published in the newspapers authorized to promulgate the laws of the United States, and I do hereby certify that the said proposed amendment has been adopted in the manner herein before mentioned by the states specified in the said concurrent resolution, namely, the states of Connecticut, New Hampshire, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, Rhode Island, Wisconsin, Pennsylvania, Michigan, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Louisiana South Carolina, Alabama, and also by the legislature of the state of Georgia; the states thus specified being more than three fourths of the states of the United States. And I do further certify that the said amendment has become valid to all intents and purposes as a part of the Constitution of the United States. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the Department of State to be affixed. Done at the City of Washington this twenty-eighth day of July, in the year of our Lord one thousand eight hundred and sixtyeight, and of the independence of the United States of America the ninety-third. [SEAL.] WILLIAM H. SEWARD, Summary.-Number of states in the Union at the date of promulgation, 37. States originally ratifying at date of promulgation-Alabama, Arkansas, Connecticut, Florida, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, West Virginia, Wisconsin-25. States at first rejecting and finally ratifying at date of promulgation-Georgia, North Carolina, South Carolina-3. States at first ratifying and prior to promulgation passed resolutions withdrawing their consent-New Jersey, Ohio-2. States rejecting at date of promulgation-Delaware, Kentucky, Maryland-3. States rejecting at date of promulgation, but subsequently ratifying-Texas, Virginia-2. Mississippi had taken no action at date of promulgation, but subsequently ratified. California took no action. Article XV was proposed by Congress February 27, 1869, and declared in force March 30, 1870, in the following proclamation (U. S. Statutes at Large, Vol. 16, page 1131): *** It appears from official documents on file in this department that the amendment to the Constitution of the United States, proposed as aforesaid, has been ratified by the legislatures of the states of North Carolina, West Virginia, Massachusetts, Wisconsin, Maine, Louisiana, Michigan, South Carolina, Pennsylvania, Arkansas, Connecticut, Florida, Illinois, Indiana, New York, New Hampshire, Nevada, Vermont, Virginia, Alabama, Missouri, Mississippi, Ohio, Iowa, Kansas, Minnesota, Rhode Island, Nebraska, and Texas, in all twenty-nine states. And, further, that the states whose legislatures have so ratified the said proposed amendment constitute three fourths of the whole number of states in the United States. And, further, that it appears from an official document on file in this department that the legislature of the state of New York has since passed resolutions claiming to withdraw the said ratification of the said amendment which had been made by the legislature of that state, and of which official notice had been filed in this department. And, further, that it appears from an official document on file in this department that the legislature of Georgia has by resolution ratified the said proposed amendment. Now, therefore, be it known that I, Hamilton Fish, Secretary of State of the United States, by virtue and in pursuance of the second section of the Act of Congress approved the twentieth day of April, in the year eighteen hundred and eighteen, entitled "An Act to provide for the publication of the laws of the United States and for other purposes," do hereby certify that the amendment aforesaid has become valid to all intents and purposes as a part of the Constitution of the United States. IN TESTIMONY WHEREOF, I have hereunto set my hand, and caused the seal of the Department of State to be affixed. Done at the City of Washington, this thirtieth day of March, in the year of our Lord one thousand eight hundred and seventy, and of the independence of the United States the ninety-fourth." [L. S.] HAMILTON FISH, Secretary of State. |