Mr. Howard, of Michigan, wished as much as Mr. Sumner to use significant language that cannot be mistaken or misunderstood; but he preferred to dismiss all reference to French constitutions or French codes, and “go back to the good old Anglo-Saxon language employed by our fathers in the Ordinance of 1787, an expression which has been adjudicated upon repeatedly, which is perfectly well understood both by the public and by judicial tribunals.”
Mr. Sumner withdrew his proposition, which he called a “suggestion” only, and also “a sincere effort to contribute as much as he could to improve the proposition in form,” but could not resist the appeal of his friend, the Chairman of the Committee. He forbore to press any amendment.
Mr. Sumner often regretted that he had not insisted upon a vote on striking out the clause giving implied sanction to slavery or involuntary servitude as “a punishment for crime.”
April 8th, on the passage of the joint resolution, the vote stood, Yeas 38, Nays 6, when the Vice-President announced that the joint resolution, having received the concurrence of two thirds of the Senators present, was passed.
May 31st, the joint resolution was taken up in the House of Representatives. Mr. Holman, of Indiana, objected to its second reading, and the Speaker stated the question, “Shall the joint resolution be rejected?” On this question the vote stood, Yeas 55, Nays 76; and the joint resolution was not rejected. An excited debate occupied several days.
June 15th, the vote was taken, and it stood, Yeas 95, Nays 66, not voting 21. So the joint resolution failed, two thirds not voting in its favor. Mr. Ashley, of Ohio, a most strenuous supporter of the Constitutional Amendment, changed his vote from the affirmative to the negative, so as to move a reconsideration, which motion he made in the evening, and it was duly entered on the Journal, thus holding the joint resolution in suspense. The session of Congress closed without further action.
At the next session the President in his Annual Message reminded Congress of the pending Constitutional Amendment, and recommended its “reconsideration and passage,” adding, that by the recent election the will of the majority was “most clearly declared in favor of such Constitutional Amendment.” January 6, 1865, on motion of Mr. Ashley, the House of Representatives took up his motion to reconsider the vote of rejection. The debate, which was opened by him in an earnest speech, proceeded, with some interruptions, until January 31st, when he called the previous question on the motion. Mr. Stiles, of Pennsylvania, moved to lay the motion to reconsider on the table, which was lost,—Yeas 57, Nays 111. The previous question was then ordered. On the motion to reconsider, the vote stood, Yeas 112, Nays 57, not voting 13; but, a majority being sufficient for this purpose, the motion to reconsider was agreed to. The question then recurred on the passage of the joint resolution, when, on motion of Mr. Ashley, the previous question was ordered. Before this was done, he stated that to hasten a vote he had declined speaking. Mr. Brown, of Wisconsin, asked him to yield, so that he might “offer a substitute for the joint resolution.” Mr. Ashley could not yield; he had a substitute himself, which he should much prefer to the original joint resolution, but he did not offer it. On its final passage the vote stood, Yeas 119, Nays 56, not voting 8. So the two thirds required by the Constitution having voted in its favor, the joint resolution was passed.
All possible preparation had been made for the vote, and the attendance was unusually large, both of Representatives and spectators. The people throughout the country awaited the result with profound interest. The announcement by the Speaker was received with an outburst of enthusiasm in the Chamber. The Republican Representatives sprang to their feet and applauded with cheers and clapping of hands. The spectators in the crowded galleries followed the example, and for several minutes the Chamber was a scene of joy and congratulation. Mr. Ingersoll, of Illinois, then said, “In honor of this immortal and sublime event, I move that the House do now adjourn”; and the House adjourned.
The joint resolution submitting the Constitutional Amendment bears date February 1, 1865. It now remained that the Amendment should be ratified by the Legislatures of three fourths of the several States, there being at the time thirty-six. A certificate, announcing that this had been done, was issued by the Secretary of State, December 18, 1865, and from this date the Amendment became part of the Constitution. President Lincoln, who had watched this event with absorbing interest, did not live to witness the final result.