Whereas Congress, by a vote of two thirds of both Houses, did heretofore propose to the Legislatures of the several States for ratification an Amendment to the Constitution in the following words, 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.”
And whereas, at the time when such Amendment was submitted, as well as since, there were sundry States which, by reason of rebellion, were without Legislatures, so that, while the submission was made in due constitutional form to “the Legislatures of the several States,” in obedience both to the letter and spirit of the provision of the Constitution authorizing Amendments, it was not, as it could not be, made to all the States, there being a less number of Legislatures of States than there were States;
And whereas, since the Constitution expressly authorizes Amendments to be made, any construction which would render the making of them at times impossible must violate both its letter and its spirit;
And whereas, to require the ratification by States without Legislatures as well as by “the Legislatures of the States,” in order to be valid, would put it in the power of long-continued rebellion to suspend not only the peace of the nation, but its Constitution also;
And whereas the count of States in rebellion enables such States by silence to vote against the Constitutional Amendment, thus giving to their silence the same effect as a vote;
And whereas, from the terms of the Constitution and the nature of the case, it belongs to the two Houses of Congress to determine when such ratification is complete;
And whereas more than three fourths of the Legislatures to which the proposition was made have ratified such Amendment: Now, therefore,
Be it resolved by the Senate (the House of Representatives concurring), That the Amendment abolishing Slavery has become and is part of the Constitution of the United States.