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rebellion against the same, or given aid or comfort to the eneinies thereof. But congress may, by a vote of two-thirds of each house, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The congress shall have power to enforce, by appropriate legislation, the provisions of this article.
[The Fourteenth amendment to the Constitution was proposed to the legislatures of the several states by the Thirty-ninth congress, on the sixteenth of June, 1866. On the twenty-first of July, 1868, congress adopted and transmitted to the department of state a concurrent resolution which declared as follows: “The legislatures of the states of Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina and Louisiana, being three-fourths and more of the several states of the Union, have ratified the Fourteenth amendment to the Constitution of the United States, duly proposed by two-thirds of each house of the Thirty-ninth congress; therefore, Resolved, That the Fourteenth amendment is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the secretary of state.” That official accordingly issued a proclamation dated the twenty-eighth of July, 1868, declaring that the proposed amendment had been ratified by the states named, on the following dates: Connecticut, June 30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866-and the legislature of the same state passed a resolution in April, 1868, to withdraw its consent to it; Oregon, September 19, 1866; Vermont, November 9, 1866; Georgia rejected it November 13, 1866, and ratified it July 21, 1868; North Carolina rejected it December 4, 1866, and ratified it July 4, 1868; South Carolina rejected it December 20, 1866, and ratified it July 9, 1868; New York ratified it January 10, 1867; Ohio ratified it January li, 1867, and the legislature of the same state passed a resolution in
january, 1868, to withdraw its consent to it; Illinois ratified it January 15, 1867; West Virginia, January 16, 1867; Kansas, january 18, 1867; Maine, January 19, 1867; Nevada, January 22, 1867; Missouri, January 26, 1867; Indiana, January 29, 1867; Minnesota, February 1, 1867; Rhode Island, February 7, 1867; Wisconsin, February 13, 1867; Pennsylvania, February 13, 1867; Michigan, February 15, 1867; Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, April 3, 1868; Arkansas, April 6, 1868; Florida, June 9, 1868; Louisiana, July 9, 1868; Alabama, July 13, 1868. Georgia again ratified it February 2, 1870. Texas rejected it November 1, 1866, and ratified it February 18, 1870. Virginia rejected it January 19, 1867, and ratified it October 8, 1869. The amendment was rejected hy Kentucky, January 10, 1867; by Delaware, February 8, 1867; by Maryland, March 23, 1867, and was not afterwards ratified by any of thern.]
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any state, on account of race, color or previous condition of servitude.
Section 2. The congress shall have power to enforce this article by appropriate legislation.
[This amendment was proposed by the Fortieth congress on the twenty-seventh of February, 1869, and was declared, on March 30, 1870, to have been ratified by the legislatures of twenty-nine of the thirty-seven states. The dates of these ratifications were as follows: North Carolina, March 5, 1869; West Virginia, March 3, 1869; Massachusetts, March 9-12, 1869; Wisconsin, March 9, 1869; Maine, March 12, 1869; Louisiana, March 5, 1869; Michigan, March 8, 1869; South Carolina, March 16, 1869; Pennsylvania, March 26, 1869; Arkansas, March 30, 1869; Connecticut, May 19, 1869; Florida, June 15, 1869; Illinois, March 5, 1869; Indiana, May 13-14, 1869; New York, March 17, April 14, 1869, ard the legislature of the same state passed a resolution January 5, 1870, to withdraw its consent to it; New Hampshire, July 7, 1869; Nevada, March 1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri, January 10, 1870; Mississippi, January 15-17, 1870; Ohio, January 27, 1870; Iowa, February 3, 1870; Kansas, January 18– 19, 1870; Minnesota, February 19, 1870; Rhode Island, January 18, 1870; Nebraska, February 17, 1870; Texas, February 18, 1870; Georgia, February 2, 1870.1
THE ELECTORAL COLLEGE.
HEN the convention of 1787 was engaged in the making of a
Constitution for the new-formed Nation, the method of selecting a President was one of the main questions under consideration. Two plans were submitted—the "Virginia plan,” presented by the nationalizing element of the convention, and the “Jersey plan," presented by the particularizing element. These two agreed in one respect-in that the choice of a President should be lodged in the hands of congress. A debate, marked by the diversity of view held by those engaged in it, ensued. One wished a popular e'ection by districts; another argued that the choice should be made by congress. Gerry of Massachusetts at first wished to have electors chosen by the states in proportion to population, with the unit rule, but afterwards settled on a choice of the President by the governors of the various states. Alexander Hamilton pronounc.d in favor of a selection by secondary electors, chosen by primary electors, who had in turn been chosen by the people. Gouverneur Morris was in favor of an election direct by the popular vote. The Virginia plan, as amended and agreed to in a committee of the whole on June 19, retained the election by congress; and on July 17 popular election and choice by electors were voted down, and the choice by congress was again approved, this time by a unanimous vote. On July 19 the question of a choice by congress was reconsidered, and a choice by electors chosen by the legislatures of the states was adopted. On July 24 the choice by electors was reconsidered and lost, and the selection by congreso once more revived. In this form it went to the committee of detail, was reported upon with favor on August 6, and again referred to them unchanged on August 31. In a report of September 4, less than two weeks before the final adjournment of the convention, this com: mittee reported the electoral system very nearly as it was finally
adopted on September 6. In this report the office of vice-president was for the first time introduced. Several amendments were offered and lost, and the electoral system was a part of the Constitution as offered to the state conventions, and finally ratified by them. It thus appears that almost up to the last moment it was the purpose of the convention to commit the selection of President directly to the hands of congress, but that a final decision was reached to leave the selection of both President and vice-president to electors appointed in such manner as the legislatures of the states might direct.
That part of the Constitution which bore upon this point was incorporated in Article II. as follows:
Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows:
Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
[By the original clause, the person receiving the highest nurnber of votes was to be declared President, and the one receiving the next highest, vice-president. Because of the difficulties arising under this method of selection as already shown, the Twelfth amendment to the Constitution was proposed in 1803, and ratified and proclaimed in 1804, as follows:]
The electors shall meet in their respective states and vote by ballot for President and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the President of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person
have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the house of representatives shall choose immediately, by ballot, the President. But in choosing the President, the vote shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from twothirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as vice-president shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shail be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of vice-president of the United States.
TIE ELECTORAL VOTES.
The electoral votes for President and vice-president of the United States, as counted on Monday, April 6, 1789–George Washington being chosen President and John Adams vice-president: