*

*

*

*

such a time, out of season, I never hesitated to express those ideas and sentiments, and when I went first into public assemblies, forty years ago, I uttered this language. I have done i amid the pelting and hooting of mobs, but I never quailed be fore the infernal spirit, and I hope I never shrank from the responsibility of my language. "When, fifteen years ago, I was honored with a seat in this body, it was dangerous to talk against this institution—a danger which gentlemen now here will never be able to appreciate. Some of us, however, have experienced it. * * * And yet, sir, I did not hesitate, in the midst of bowie-knives and revolvers, and howling demons upon the other side of the House, to stand here and denounce this infamous institution in language which possibly now, on looking at it, I might deem intemperate, but which I then deemed necessary to rouse the public attention and cast odium upon the worst institution on earth-one which is a disgrace to man and would be an annoyance to the infernal spirits.

In the course of the debate, the Hon. George H. Pendleton had made a pathetic appeal for the constitution as it was, with all its guarantees for slavery. Mr. Stevens referred to Mr. Pendleton's speech in his closing sentences, in the following language:

Perhaps I ought not to occupy so much time, and I will only say one word further. So far as the appeals of the learned gentleman are concerned, his pathetic winding up, I will be willing to take my chance when all moulder into the dust. He may have his epitaph, if it be truly written, 'Here rests the ablest and most pertinacious defender of slavery and opponent of liberty;' and I will be satisfied if my epitaph shall be written thus: 'Here lies one who never rose to any eminence, and who only courted the low ambition to have it said that he had striven to ameliorate the condition of the poor, the lowly, the down-trodden of every race and language, and color.' I shall be content with such a eulogy on his lofty tomb, and such an inscription on my humble grave, to trust our memories to the judgment of other ages."

During the delivery of this speech. the circle set apart for the representatives of all the other governments of the world was crowded; the floor of the House was filled, and the galleries were packed with distinguished soldiers, civilians and citizens. The vote on the final passge of the joint resolution was to be taken at its close, and no one knew with certainty what would be the result. It was known that the Republicans alone could not pass it; there must be accessions from the Democratic side of the House, or the measure would fail. English, of Connecticut, was the first Democrat who responded aye, which drew fourth great applause from the House and galleries. There were enough accessions to foot up the vote, 119 ayes and 56 nays; when the Speaker made the formal announcement: "The constitutional majority of two-thirds having voted in the affirmative, the joint resolution is passed." This was followed by an uncontrolable outburst of enthusiasm. The cheering was commenced among the members and was taken up in the galleries. Finally, Mr. Ingersoll, of Illinois, who was the successor of Owen Lovejoy; in honor of the sublime event, moved that the House adjourn. The motion was carried, amid the roar of artillery, by which it was announced to the people of Washington that the joint resolution submitting to the State Legislatures for their action an amendment to the constitution for the total abolition of slavery in the United States had passed both Houses of Congress.

Personal friends of President Lincoln hastened to the White House and exchanged congratulations with him on the result. His heart was filled with joy, as he saw in this action of Congress the complete consummation of his own great work. He had seen his emancipation proclamation sustained by the victorious. Union armies in the field, by the people at the Presidential election, and now the constitutional majority

of two-thirds in both Houses of Congress had voted to submit to the people, through their Representatives in the State Legislatures, the constitutional amendment for the final abolition of slavery.

It is a settled principle in National legislation that the approval of the Executive is not necessary to give vital force to a joint resolution of the two Houses of Congress; but during the excitement attending the passage of the joint resolution submitting the amendment for the abolition of slavery, it was presented to and signed by President Lincoln. Although done in a mistake, it seems to have been appropriate, as it was the last act it was possible for him to do. It then only remained for a majority of the State Legislatures to approve of the resolution, and for the Secretary of State for the United States to proclaim the fact and declare the article so submitted to be a part of the constitution of the United States.

Lest this action of President Lincoln should become a troublesome precedent, Senator Trumbull introduced a joint resolution in the Senate, reciting the facts in the case, and declaring that such approval was unnecessary to effect the action of Congress.

The joint resolution for the extinction of slavery passed Congress, and received the signature of the President, January 31, 1865. The Legislature of Illinois being then in session, took up the question at once, and in less than twenty-four hours after its passage by Congress, President Lincoln had the satisfaction of receiving a telegram from his old home, announcing the fact that the constitutional amendment had been ratified by both Houses of the Legislature of his own State, Feb. 1, 1865. Then came the action of the Legislatures of other States in the order named: Rhode Island and Michigan, Feb. 2; Maryland, Feb. 1 and 3; New York, Feb. 2 and 3; West Virginia, Feb. 3; Maine and Kansas, Feb. 7; Massachusetts and Pennsylvania, Feb. 8; Virginia, Feb.

9; Ohio and Missouri. Feb. 10; Nevada and Indiana, Feb. 16; Louisiana, Feb. 17; Minnesota, Feb. 8 and 23; Wisconsin, March 1; Vermont, March 9; Tennessee, April 5 and 7; Arkansas, April 20; Connecticut, May 5; New Hampshire July 1; South Carolina, Nov. 13; Alabama, Dec. 2; North Carolina, Dec. 4; Georgia, Dec. 9; Oregon, Dec. 11.

This made twenty-eight, one more than the requisite three-fourths of the thirty-six States. Having ratified the amendment, there was nothing wanting to make it a part of the constitution of the United States, except the official announcement, which came in the following:

"PROCLAMATION.

"WILLIAM H. SEWARD, Secretary of State of the United States; to all whom these presents may come-greeting:

"KNOW YE, THAT WHEREAS, The Congress of the United States, on the 1st of February last, passed a resolution, which is in the words following, namely:

"A resolution submitting to the Legislatures of the several States a proposition to amend the constitution of the United States:

666

'Resolved by the Senate and House of Representatives of the United States of America in Congress assembled-two-thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States as an amendment to the constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid, to all intents and purposes, as a part of said constitution, namely:

"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.

"SEC. 2. Congress shall have power to enforce this article by appropriate legislation.'

"AND WHEREAS, It appears from 'official documents on file in this department that the amendment to the constitution of the United States proposed as aforesaid has been ratified by the Legislatures of the States of Illinois, Rhode Island, Michigan, Mary land, New York, West Virginia, Kansas, Massachusetts, Pennsyl vania. Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina and Georgia-in all, twenty-seven States;

"AND WHEREAS, The whole number of States in the United States is thirty-six;

"AND WHEREAS, The before specially named States, whose Legislatures have ratified the said proposed amendment, constitute three-fourths of the whole number of States in the United States;

"Now, Therefore, be it Known, That I, WILLIAM H. SEWARD, Secretary of State of the United States, by virtue and in pursuance of the second section of the act of Congress, approved the 20th of April, 1818, entitled 'An Act to provide for the publication of the laws of the United States, and for other purposes,' do hereby certify that the amendment aforesaid has become valid, to all intents and purposes, as a part of the constitution of the United States.

"IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the Department of State to be affixed.

[SEAL.]

"Done at the city of Washington, the 18th day of December, in the year of our Lord, 1865, and of the Independence of the the United States of America the 90th.

"WM. H. SEWARD,

"Secretary of State."

Although no more States were required, the amendment was ratified by California, Dec. 20; Florida, Dec. 28, 1865; New Jersey, Jan. 23, 1866, and Iowa, Jan. 24, 1866.