Gambar halaman
PDF
ePub

submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the Convention made and provided in that case."

the state convention

And whereas the legislature of the State of Georgia did, on the How 26th day of October, 1787, in pursuance of the above recited resolution of Congress, resolve, that a convention be elected on the was called. day of the next general election, and in the same manner that representatives are elected; and that the said Convention consist of not more than three members from each county; and that the said convention should meet at Augusta, on the 4th Tuesday in December then next, and, as soon thereafter as convenient, proceed to consider the said report and resolutions, and to adopt or reject any part or the whole thereof.

Now know ye, that we, the delegates of the people of the State of Georgia, in convention met, pursuant to the resolutions of the legislature aforesaid, having taken into our serious consideration the said Constitution, have assented to, ratified, and adopted, and by these presents do, in virtue of the powers and authority to us given by the people of the said State, for that purpose, for and in behalf of ourselves and our constituents, fully and entirely The assent to, ratify, and adopt, the said Constitution.

convention ratifies

Done in Convention, at Augusta, in the said State, on the 2d the Conday of January, in the year of our Lord 1788, and of the independ- stitution.

ence of the United States the 12th.

In witness whereof, we have hereunto subscribed our names.

JOHN WEREAT, President,

and delegate for the county of Richmond.

CHAPTER IV

Article V

of the Constitution.

THE DEVELOPMENT OF THE FEDERAL CONSTITUTION

SINCE the federal Constitution was established, the thirteen original states have increased to forty-six, the economic system prevailing at the close of the eighteenth century has been overthrown by the Industrial Revolution, and undreamt-of social questions have been raised. Before this marvelous development of the nation, the system of government devised in 1787 would have broken down, if attempts had been made to limit its operations to the strict letter of the law. It is true that Article V of the instrument made provisions for amendments, but the fifteen articles that have been added by the formal process are no index to the real constitutional evolution of the country. This must be sought in congressional statutes, judicial decisions, executive actions, and party practices.

[merged small][ocr errors]

The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of this Constitution, when ratified by the Legislatures of threefourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

23. Initiation of an Amendment

Although the above article provided four modes by which the Constitution may be amended, it does not describe at all the details of the procedure. The practice, however, may be illustrated by the following documents, tracing the steps in the initiation, ratification, and proclamation, of the thirteenth amendment:

proposes

the

to the

states.

Resolved by the Senate and House of Representatives of the Congress United States of America in Congress assembled, (two-thirds of both houses concurring), That the following article be proposed amendment to the legislatures of the several States as an amendment to the constitution of the United States, which, when ratified by three fourths of the said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely: Article XIII. Section I. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.

[blocks in formation]

I certify that this Resolution did originate in the Senate.

J. W. FORNEY,

Secretary.

24. Ratification of an Amendment by a State

State of Rhode Island, &c.

Whereas, Both Houses of the Congress of the United States have proposed an Amendment to the Constitution of the United States in the words and figures following, to wit:

Article XIII

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

IT IS THEREFORE RESOLVED, That the Legislature of the State of Rhode Island do hereby ratify and confirm the said Article XIII of Amendment to the said Constitution of the United States and do hereby assent thereto.

A TRUE COPY.

In testimony whereof I have hereto set my hand and affixed my seal of the State of Rhode Island, this second day of February A.D. 1865, the day of the adoption of the said resolution.

(Seal)

JOHN R. BARTLETT,

Secretary of State.

25. Official Proclamation of an Amendment

William H. Seward,

Secretary of State of the United States,

To all to whom these presents may come, Greeting:

Know Ye, that, whereas the Congress of the United States, on the 1st of February last, passed a Resolution which is in the words following, namely:

"A Resolution submitting to the Legislatures of the several States a Proposition to amend the Constitution of the United States.

"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, to all intents and purposes, as a part of the said constitution, namely:

"Article XIII

"Section 1. Neither slavery nor involuntary servitude except as a punishment for crime whereof the party shall have been duly convicted shall exist within the United States, or any place subject to their jurisdiction.

"Section 2. Congress shall have authority to enforce this article by appropriate legislation."

The

requisite number of

received.

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 ratifications 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 twen

« SebelumnyaLanjutkan »