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to determine and decide doubtful questions as to the authenticity of the organization of State legislatures or as to the power of any State legislature to recall a previous act or resolution of ratification of any amendment proposed to the Constitution ;
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 (follow the names of twenty-three States);
And whereas it further appears from documents on file in this Department that the amendment to the Constitution of the United States proposed as aforesaid has also been ratified by newly constituted and newly established bodies avowing themselves to be, and acting as the legislatures of the States of Arkansas, North Carolina, Louisiana, South Carolina and Florida :
And whereas it further appears from official documents on file in this Department that the legislatures of two of the States first above mentioned, to wit, Ohio and New Jersey, have since passed resolutions withdrawing the consent of each of said States to the aforesaid amendment, and whereas it is deemed a matter of doubt and uncertainty whether such resolutions are not irregular, invalid and therefore ineffectual for withdrawing the consent of the said two States or of either of them to the aforesaid amendment;
And whereas, the whole number of States in the United States is thirty-seven, to wit: [follows the names of the states);
And whereas the twenty-three States first hereinbefore named, whose legislatures have ratified the said proposed amendment, and the six States next thereafter named, as having ratified the said proposed amendment by newly constituted and established legislative bodies, together 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 twentieth of April, eighteen hundred and eighteen, hereinbefore cited, do hereby certify that, if the resolutions of the legislatures of Ohio and New Jersey ratifying the aforesaid amendment are to be deemed as remaining of full force and effect notwithstanding the subsequent resolutions of the legislatures of those States which purport to withdraw the consent of said States from such ratification, then the aforesaid amendment has been ratified in the manner hereinbefore mentioned and so has become valid to all intents and purposes as a part of the Constitution of the United States. (SEAL) In testimony, &c.
Done, &c. this twentieth day of July in the year of our Lord one thousand eight hundred and sixty-eight.
WILLIAM H. SEWARD,
Secretary of State.20 20 Documentary History of the Constitution, II, 783.
For the second amendment proposed in 1866, Secretary Seward issued a proclamation July 28, 1868, setting forth the terms of the amendment and a concurrent resolution of Congress of July 21, 1868,204 that the fourteenth Article had been ratified, and proceeded:
“Now, therefore, be it known that I, William H. Seward, Secretary of State of the United States, in execution of the aforesaid act and of the aforesaid concurrent resolution of the 21st of July, 1868, and in conformance thereto, do hereby direct the said proposed amendment to the Constitution of the United States to be published in the newspapers authorized to promulgate the laws of the United States, and I do hereby certify that the said proposed amendment has been adopted in the manner hereinbefore mentioned by the States specified in the said concurrent resolution, namely, the States of [naming the states], the States thus specified being more than three-fourths of the States of the United States.
And I do further certify that the said amendment has become valid to all intents and purposes as a part of the Constitution of the United States.
In testimony, &c.
The ratification of the amendment of 1868 was regularly proclaimed in a similar manner by Secretary Hamilton Fish, March 30, 1870.21
The amendment proposed by the 61st Congress, 1909, was sent to the Governors of the several States with the following letter:
DEPARTMENT OF STATE,
WASHINGTON. His Excellency
The Governor of the State of Sir:
I have the honor to enclose a certified copy of a Resolution of Corgress, entitled “Joint Resolution Proposing an amendment to the Constitution of the United States,” with the request that you cause the same to be submitted to the Legislature of your State for such action as may be had, and that a certified copy of such action be communicated to the Secretary of State, as required by Section 205, Revised Statutes of the United States. An acknowledgment of the receipt of this communication is requested.
I have the honor to be, Sir,
Your obedient servant,
200 15 Stat. 709.
If this amendment, which is now pending, should be ratified by three-fourths of the States, following the precedent set in the case of the last three amendments, the Secretary of State will issue his proclamation of the ratification. If three-fourths of the States should not ratify it, it will simply fail, and no formal notification of its failure will be made.
It remains to notice as interesting among the less important occasional duties of the Department, its relation towards those universal or international exhibitions of the arts, sciences, and products of the earth which are held from time to time in this country or abroad. The degree of control exercised by the federal government over those held in this country has varied with each exhibition and has never been complete. Foreign nations are invited to participate by the Department of State, through its diplomatic and consular representatives or through foreign diplomatic representatives in the United States, the invitations being authorized by law or sent in pursuance of the general duty of the Department to foster laudable American enterprises; but the Department is not responsible for the conduct of a fair and does not prescribe regulations to govern it.
The first of the expositions held in this country was that of 1853 at New York, under the auspices of a local board of directors and without any financial or other connection with the general government beyond a general patronage ; but the next was the Centennial Exhibition of 1876 for which a plan was adopted which has since maintained in a general way in other important American international fairs. It was provided in the first section of the Act of March 3, 1871,21a that the exhibition should be held “under the auspices of the government of the United States," and a commission was provided for, consisting of a commissioner and an alternate from each of the States, appointed by the President upon the nomination of the several Governors of the States. The Secretary of State informed the Govemors of the provisions of the Act, received the nominations, and the commissions signed by the President were countersigned by him and recorded in his Department. Ile invited the participation
210 16 Stat. 470.
of foreign governments in a circular note to each foreign minister in Washington:
DEPARTMENT OF STATE,
WASHINGTON, July 5, 1873. Sir. I have the honor to inclose, for the information of the Government of
a copy of the President's Proclamation, announcing the time and place of holding an International Exhibition of Arts, Manufactures, and Products of the Soil and Mine, proposed to be held in the sear eighteen hundred and seventy-six.
The Exhibition is designed to commemorate the Declaration of Independence of the l'nited States, on the one hundredth anniversary of that interesting and historic national event, and at the same time to present a fitting opportunity for such display of the results of Art and Industry of all nations as will serve to illustrate the great advances attained, and the successes achieved, in the interest of Progress and Civilization during the century which will have then closed.
In the law providing for the holding of the Exhibition, Congress directed that copies of the Proclamation of the President, setting forth the time of its opening and the place at which it was to be held, together with such regulations as might be adopted by the Commissioners of the Exhibition should be communicated to the Diplomatic Representatives of all nations. Copies of those regulations are herewith transmitted.
The President indulges the hope that the Government of will be pleased to notice the subject and may deem it proper to bring the Exhibition and its objects to the attention of the people of that country, and thus encourage their co-operation in the proposed celebration. And he further hopes that the opportunity afforded by the Exhibi. tion of the interchange of national sentiment and friendly intercourse between the people of both nations may result in new and still greater advantages to Science and Industry, and at the same time serve to strengthen the bonds of peace and friendship which already happily subsist between the Government and people of
and those of the United States.
I have the honor, &c
Secretary of State.22
Having invited the participation of foreigners, most of the correspondence relative to exhibiting was carried on directly between exbibitors and the Fair officials; and such complaints as were made by foreign exhibitors to their diplomatic representatives and sent to the Secretary of State were referred by him for report to the Fair
22 World's Fairs from London, 1851, to Chicago, 1893, (Norton) 41.
officials; but the final reports of the Fair were made to the Secretary of State who sent them to Congress.
The Foreign World's Fair held at Boston in 1883 was entirely in private hands, but the government by Act of June 28, 1882,23 allowed the foreign exhibits to be admitted free of duty, a course which it has pursued towards all important fairs in this country. · The Secretary of State brought the exhibition to the attention of foreign countries in the manner indicated by the following letter: Gen. C. B. Norton, Secretary Foreign Exhibition, Boston, Mass.
[June, 1882.] The members of the Massachusetts Congressional delegation have visited me asking the countenance of the government in furtherance of the proposed Exhibition of Foreign Manufacturing, Artistic and Industrial Productions, which it is proposed to hold in Boston during September, October and November of the present year. This project had already been brought to the attention of this government, and will be supported by it so far as may comport with the fact that it is local rather than a national enterprise. To this end, I have instructed the Diplomatic representatives of the United States abroad to bring the subject suitably to the notice of foreign governments, and I have also prepared a circular of instructions to our consuls directing them to give publicity to the circulars issued by your association, and to furnish intending exhibitors with all needful information. It gives me pleasure to acquaint you with this action, and to request that you send me, with as little delay as possible, 5000 copies of your descriptive circular, for distribution through the ministers and consuls.
Your obedient servant,
Secretary of State.24 The Act of April 25, 1890,25 created the World's Columbian Commission for the World's Fair at Chicago under conditions similar to those imposed in the case of the Centennial Exposition. The Secretary of State called the commission together June 27, 1890, and thereafter acted with reference to the Fair as he had done in the case of the Centennial Exposition. The same course has been pursued towards other fairs.
23 22 Stat., 116. 24 World's Fairs, (Norton) 52. 25 26 Stat., 62.