IMBROGLIO). Before this, the highest candidate was President and the next highest Vice President; but now came an election which showed not merely the possibility of a tie, but the certainty of one, between the two candi dates of the same party from mere party loyalty. Yet plain as this seems, the Amend ment failed in the first Congress where it was introduced, passed the House 12 Dec. 1803, only by the Speaker's casting vote, was ratified by the bare three-fourths of the States necessary, and declared in force 25 Sept. 1804. New Hampshire, Massachusetts, Connecticut and Delaware (Federalist States), rejected it.
The Emancipation Proclamation had freed only the slaves within the States technically in revolt. In those where the Union forces alone had prevented as Maryland, or a powerful minority of Union men plus resolute Union commanders, as Missouri, and generally in the Border States, the slaves were still private property, nearly 1,000,000 in number. Move ments to compensate the owners were abortive, partly because the owners would not listen to such proposals; and the Thirteenth Amendment was introduced for entire emancipation without payment. Its phraseology is essentially that of the Ordinance of 1787 (q.v.), repeated in the Missouri Compromise and the Wilmot Promiso (q.v.). It passed the Senate April 1864, 38 to 6, and the House 15 June 95 to 66, but the latter was not the needed two-thirds. In the next session the House passed it, and it was ratified by 31 States, and proclaimed in force 18 Dec. 1865.
The Fourteenth Amendment, in part a re phrasing of the Fifth, arose out of the first Civil Rights Bills (q.v.), which was pronounced non enforceable as contrary to the decision of the Supreme Court in the Dred Scott Case (q.v.), that negroes were not citizens. As this deci sion was law until distinctly reversed, the Amendment was drawn, the•first clause clearing away that decision. The other sections were: (1) A bribe to the South to give the negro the vote; (2) to give the negroes a clear field by debarring the Confederate leaders from it ; (3) obvious. It passed both houses in June 1866, by overwhelming votes, but a long struggle ensued over ratification. The old Confederate States rejected it, to which Congress retorted by the Reconstruction Act of 2 March 1867, constitut ing provisional governments in those States till they had ratified the Amendment, and they did so. Maryland, Delaware and Kentucky also re jected it; and New Jersey and Ohio were cap tured by the Democrats and rescinded their ratifications, though it was doubtful whether this could be done. But finally 33 States ratified
without them, and the Amendment was declared in force 28 July 1868.
The Fifteenth Amendment was practically a substitute for the second section of the Four teenth, which was found valueless. In one re spect it was weaker than the other, which pre scribed a penalty for the offense, while this prescribed none its specification of the negroes as the class not to be excluded, and their race or color or former slavery as not legal grounds for disfranchisement, gave it apparently a clearer legal footing. In fact, however, it has been found as little worth as the other. It passed both Houses in February 1869, by immense majorities, was ratified by 30 out of 37 States, and declared In force 30 March 1870. New York fell into the hands of the Democrats and rescinded its vote; a notice was filed in the State Department, which reported that the State °claimed" to have re scinded its ratification, but paid no further at tention to it. It is more than doubtful if such action of a State has the least validity.
The Sixteenth Amendment was passed by both Houses of Congress and on 31 July 1909 was deposited in the office of the Secretary of State. On 3 Feb. 1913 it received one more than the required three-fourths of the votes of the States when Delaware and Wyoming voted to ratify the amendment, and on 25 Feb. 1913 it was declared in force. The purpose of' the amendment was to obviate the necessity of dis tributing direct taxes among the States in ac cordance with their respective populations. There was some objection to the words °from whatever source derived" since many believed that these words might be construed into the conferring of power on the national govern ment to tax State and municipal bonds and other lace properties, thus increasing the cen tralization of power and authority in the national government.
The Seventeenth Amendment, providing for the election of senators by the direct vote of the people, was introduced in Congress at the request of more than 30 State legislatures and in response to a popular demand that had re suited from 40 years of agitation. It was passed in the House 13 April 1912 and in the Senate 12 June, having already been ratified by the legislatures of three States—Massa chusetts (22 May), Arizona (3 June) and Min-. nesota (10 June). On 9 May 1913 Wisconsin ratified the amendment, being the 36th State to talce such action, and the amendment was declared in force 31 May 1913. See CotrvEti