No. 197. Sixteenth Amendment

February 25, 1913

A joint resolution proposing an amendment to the Constitution regarding taxes on incomes, reported in the Senate, June 28, 1909, by Nelson W. Aldrich of Rhode Island, from the Committee on Finance, passed the Senate, July 5, by a vote of 77 to 0, 15 not voting. An unsuccessful attempt was made to amend the resolution by adding to it provisions substantially identical with those of the Seventeenth Amendment (No. 198). The resolution passed the House, July 12, by a vote of 318 to 14, 1 answering "present", 55 not voting. The amendment was ratified by all the States except Connecticut, Florida, Pennsylvania, Rhode Island, Utah and Virginia. A proclamation of February 25, 1913, declared the amendment in force.

REFERENCES. Text in U. S. Stat. at Large, XXXVII., Part 2, 1785. For the debates see the Cong. Record, 61st Cong., 1st Sess. The important debate was in the House.

ARTICLE XVI.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

No. 198. Seventeenth Amendment

May 31, 1913

A JOINT resolution proposing an amendment to the Constitution providing for the popular election of Senators was reported, January 11, 1911, by William E. Borah of Idaho from the Senate Committee on Judiciary, to which the matter had been referred, and debated at length until February 28, when it failed to pass, less than two-thirds voting for it. In the 62d Congress numerous resolutions relating to the subject appeared in both houses. A joint resolution identical with that of January 11 was presented in the House, April 5, 1911, by William W. Rucker of Missouri, and on the 13th passed with amendments by a vote of 296 to 16, 77 not voting. An amended form, reported by Senator Borah May 1, passed the Senate, June 12, by a vote of 64 to 24, 2 not voting. The House disagreed to the Senate amendments, and the resolution went to a conference committee, where it remained until the close of the session. April 17, 1912, in the second session, Senator

Clarence D. Clark of Wyoming reported that the conference committee were unable to agree; but on the 23d the House yielded, and May 14 the resolution was signed by the Speaker and the Vice-President. The amendment was ratified by all the States except Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Rhode Island, South Carolina, Utah and Virginia. A proclamation of May 31 declared the amendment in force. An act of June 4, 1914, to expire three years from its date, made temporary provision for the election of senators under the new system.

REFERENCES. - Text in U. S. Stat. at Large, XXXVIII., Part 2, 2049. For the debates see the Cong. Record, 61st and 62d Congresses. See also House Report 2, 62d Cong., 1st Sess.; the Sutherland minority report of May 22, 1911, is Senate Report 35 (also in the Record, 1428, 1429).

ARTICLE XVII

1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

2. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the legislature may direct.

3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Index

[REFERENCES IN ITALICS INDICATE A TEXT WITH ACCOMPANYING NOTES.]

Arkansas admitted to representation in Bradford, William, 19.

649

Brown, B. G., 482.

Bunau-Varilla, 623.

Bunker Hill battle, 188.

Burke, Edmund, 188.

Bute, Lord, 117.

Butler, B. F., 553, 564, 568.

Butler, R. R., 534.

Calhoun, J. C., 288, 302, 333.

Call for 75,000 volunteers, 433, 434.
Calvert, Cecil, 31.

Calvert, George, 31.

Cambon, Jules, 602.

Cambridge, Mass. (Newtowne), 36.
Camden, Lord, 147.

Cameron, Simon, 444.

Campaign contributions, prohibition of,
by corporations, 635, 636.
Canada, 93.

Canal Zone, 623.

Capitol, location of national, 233.

Carolina, first charter of, 63-66; second
charter, 76-78.
Carteret, Lord, 77, 95.
Cerero, Rafael, 608.
Chandler, William E., 635.
Charter of Carolina, first, 63-66; of
Carolina, second, 76-78; of Connecti-
cut, 60-62; of Georgia, 95-103; of
Maryland, 31-35; of Massachusetts,
first, 22-26; of Massachusetts, second,
84-90; of Pennsylvania, 80-84; of
privileges to patrons, 26-31; of
Rhode Island and Providence Planta
tions, 66-72; of Virginia, first, 1-9;
of Virginia, second, 9-14; of Virginia,
third, 14-19.

Chase, S. P., 436, 446, 519.

Chatham, Earl of, 147, 172, 188. See
Pitt.

Chinese Exclusion act, 616–618.

Churchill, J. C., 554.

Cienfuegos, 599.

Civil Rights act, first, 494-497; second,

568, 569.

Civil Service act, 575-581.

Claiborne, William, 306.

Clark, Champ, 616.

Clark, Clarence D., 648.
Clarke, John, 66.

Clarke, Sidney, 518.

Clay, Henry, 293, 312, 341, 368, 383;
resolutions on compromise of 1850,
384-386.

Clayton, J. M., 324.
Clayton-Bulwer treaty, 614.
Cleveland, Grover, 600.
Coddington, William, 43.

Coinage act of 1873, 565, 566; of standard

silver dollar, 573-575.

Coit, Joshua, 259.

Coke, Sir Edward, 1.

Colon, revolution at, 623.

Command of the army, 507, 508.

Compensated emancipation, joint resolu
tion on, 449, 450.

Compromise of 1850, 383-394; Clay's
resolutions, 384-386; report of Com-
mittee of Thirteen, 386, 387; Utah
act, 387; Texas and New Mexico act,
388, 389; Fugitive Slave act, 390-
393; act abolishing slave trade in
District of Columbia, 394.
Conciliatory resolution, Lord North's,
171, 172; report on, 184-188.
Concord battle, 188.

Confederate States of America, constitu-
tion, 424-433-

Confiscation act of 1861, 442-444; of
1862, 454-457.
Conger, E. H., 593.
Conkling, Roscoe, 449.
Connecticut, fundamental orders of, 36-
39; charter, 60–62.
Conspiracies, act to define and punish
certain, 441, 442.
Constitution of American Anti-Slavery
Society, 353-355; of Confederate States
of America, 424-433; of Missouri,
316, 317; of United States, 216-232;
thirteenth amendment, 494; fourteenth
amendment, 536-538; fifteenth amend-
ment, 546, 547.

Constitutions of Virginia, Mississippi,
and Texas, submission of, 540, 541.
Contract between Girard Bank and United
States, 352, 353.

Convention parliament, 56.
Conway, Henry, 139, 147.

Cooper, Grey, 184.

Cornwallis, Lord, 204.

Council for New England, 22, 36.
Coxe, Daniel, 63.

Credit, act to strengthen public, 539,

540.

"Crime of 1873," 565, 566.
Crittenden, J. J., 439.

Fourteenth amendment, 536-538; act
to enforce, 560-564.

Dixon's proposed amendment to Kansas- Fourth Reconstruction act, 529, 530.

Douglas, S. A., 397-399; report on Franklin, Benjamin, 139, 176, 184, 188,