In order to quiet these doubts, if possible, the two Houses of Congress passed on the following day, July 21st, the following concurrent
The concurrent
resolution of
Congress upon
these questions.
It will be seen that both Mr. Seward and Congress counted all of the Southern communities which had ever been "States" as being "States," making the whole number of "States" thirty-seven, and the number necessary for ratification of the amendment twenty-eight. Upon this basis of calculation two more than the necessary number had ratified at the date of Mr. Seward's final proclamation. It will also be seen that both Mr. Seward and Congress, that is that both the legislative and executive departments of the Government, ignored the attempt of Ohio and New Jersey to withdraw their consent to the amendment, and fixed the precedent in the constitutional practice of the United States that a "State" legislature cannot reconsider its ratification of an amendment to the Constitution of the United States at any time. This means, when scientifically appreciated, that the ratification of an amendment to the Constitution of the United States is not an agreement between the "States," and therefore becomes valid as to each only after three-fourths of the "States," the constitutional number necessary to make the proposed amendment a valid part of the Constitution, shall have ratified it, but that ratification by a "State" legislature, and a fortiori by a convention of the people within a "State," is only an indirect vote of a part of the people of the United States upon a question submitted to the suffrages of the whole people of the United States. When, therefore, this affirmative vote has been once officially announced by the proper authorities within the "State" to the proper authorities of the United States there is no further control over it by the authorities within the "State."
If, however, the votes of Ohio and New Jersey had not been counted in the affirmative, there was still a three-fourths majority of
The correct
procedure.
During these movements in execution of the Reconstruction Acts, the national party conventions for the nomination of candidates for the
The national
conventions
of 1868.