THIRD PAGE OF THE HOUSE DRAFT OF THE FIRST AMENDMENTS TO THE

CONSTITUTION

The Conventions of a Number of the States having, at the Time
of
their adopting the Conflitution, expreffed a Defire, in Order to pre
vent mifconftrullion or abufe of its Powers, that further declaratory
and reftrutive Claufes fhould be added: And as extending the Ground
of public Confidence in the Government, will beft infure the beneficent
ends of its Infitution-

THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, (WO
thirds of both Houles concurring, That the following articles be propofed
to the Legiflatures of the feveral States, as amendments to the Conftitution
of the United States, all or any of which articles, when ratified by three
fourths of the faid Legiflatures, to be valid to all intents and purpofe, as
part of the faid Conftitution-Viz.

SENATE AND HOUSE OF REPRESENTATIVESOF

ARTICLES in addition to, and amendment of, the Conftitution of the United States of America, propofed by Congrefs, and raufied by the Legiflatures of the feveral States, purfusht to the fifth Article of the original Conflitution.

ARTICLE THE FIRST.

After the brit enumeration, required by the firft article of th Conftituti
on, there fhall be one Reprefentative fery thirty thoufand, unul the
number thall amount to one hundred; to which number one Reprefentative
fhall be added for every fubfequent increase of forty thousand, until the
Reprefentatives ball moat to two hundred, to wh
Tone Repre
fentative thall be added
IV thour

ARTICLE THE THIRD.

Congrefs all make no law eftabbing articles of ith, or a mode of worfhip, or probing the free exercife & religion, or abridging the freedom of fpeech, or of the prefs, or the right of the people peacely to affemble, and to petition to the government for a redre of grievances.

ARTICLE THE FOURTH.

A well regulated militia, being neceffary to the fecurity of a free State, the right of the people to keep and bear arms, fhall not be infringed.

ARTICLE THE FIFTH.

No foldier fhall, in time of peace, be quartered in any houfe, without the confent of the owner, nor in time of war, but in a manner to be fcribed by law.

ARTICLE THE SIXTH.

The right of the people to be fecure in their perfons, houfe papers, and effects, against unreafonable fearches and feizures, fhall not be violated, and no warrants fhall iffec, but upon probable caufe, fupported by oath or airnation, and particularly deferibing the place to be fearched, and the perfons thing to be it zed.

THE FIRST AMENDMENTS TO THE CONSTITUTION AS CONSIDERED BY THE SENATE The Senate reduced the number of articles in the first amendments as proposed by the House of Representatives from 17 to 12. In the draft reproduced on this page and the next, 9 articles are, aside from capitalization and punctuation, the same as those finally submitted to the States for ratification; the remaining 3 articles, which have been crossed out in this draft, were modified somewhat in the final draft sent to the States. The document is from files of the United States Senate now in the custody of the Archivist of the United States.

CONSTITUTION

This joint resolution proposed an amendment to the Constitution that would have precluded the adoption of any future amendment giving Congress the power to abolish or interfere with domestic institutions within a State, including slavery. President Buchanan approved and signed the joint resolution, an unnecessary step on his part, for joint resolutions submitting constitutional amendments do not require Presidential approval. Only Ohio, Maryland, and Illinois ratified the proposed amendment. This document and those on the two following pages were transferred to the custody of the Archivist of the United States from the Department of State.

Submitting to the legislatines of the several States a proposition to amend the
Constitution of the United States.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

isures shall be valid, to all intents and purposes, as

(two-thirds of both houses concurring), that the following article be proponed to the
legislatures of the several states as an amendment to the Constitution
of the United States, which, when ralified by three-fourths of said digi
part of the sant Constitutiong
Article X!!! Section! Mrither slavery non involuntary servitude,.
except as a punishment for crime whereof the party shall have been duly convicted,
small exist within the United States, piver subject to their jurisdiction.
Section. &. Congress shall have power to enforce this article by appropriate

siamely

legislation.

Approves Febmany 1.1865..

any.

JOINT RESOLUTION PROPOSING THE THIRTEENTH AMENDMENT TO THE

CONSTITUTION

This joint resolution, proposing an amendment to the Constitution abolishing slavery, was ratified and became a part of the Constitution in 1865. President Lincoln, following President Buchanan's earlier example, approved and signed this joint resolution. The Senate, on February 7, 1865, passed a resolution declaring that the President's approval was unnecessary, that it was inconsistent with former practice regarding the submitting of amendments, and that it, having been given inadvertently, should not constitute a precedent for the future.