« ForrigeFortsett »
Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as any executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.
Section 4. The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Were States counted in by Congress ?
Yes. Ohio and New Jersey had rescinded their consent to the ratification of the Fourteenth Amendment. As sovereigns they had the right to do so. Their withdrawals were filed in full time in the office of the Secretary of State at Washington. As will hereafter be shown, New York did the same in respect to the Fifteenth Amendment.
Secretary Seward would not certify to the ratification of the Fourteenth Amendment. He spoke of the Southern legislatures that had ratified, as newly constituted and newly established bodies avowing themselves to be law-making pow
ers. The following are the remarks and certificates of the Secretary of State of the United States:
WILLIAM H. SEWARD, Secretary of S te of the
United States : To all to whom these presents may come, Greeting:
Whereas, the Congress of the United States, on or about the sixteenth of June, in the year one thousand eight hundred and sixty-six, passed a resolution, which is in the words and figures following, to wit :
“ Joint resolution proposing an amendment to the Constitution of the United States.
“Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of both houses concurring) that the following article be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid as part of the Constitution, namely:" (See Art. XIV., above.)
And 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 amend. ment 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 of 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,