The following text is “A Solemn Public Act” approved by the General Assembly of the State of Missouri on June 26, 1821 to conform with 'the fundamental condition' stated in the resolution approved by the United States Congress admitting the state into the Union three months earlier.
A SOLEMN PUBLIC ACT
Declaring the assent of this State to “the fundamental condition” contained in a resolution passed by the Congress of the United States, providing for the admission of the State of Missouri into the Union, on a certain condition.
Whereas, the Senate and House of Representatives of the United States, by their resolution, approved on the second day of March, in the year of our Lord eighteen hundred and twenty-one, did declare that Missouri shall be admitted into this Union upon an equal footing with the original States, in all respects whatever, upon the fundamental condition that the fourth clause of the twenty-sixth section of the third article of the constitution, submitted on the part of said State to Congress, shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the States in this Union shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the constitution of the United States: Provided, That the legislature of the said State, by a solemn public act, shall declare the assent of said State to the said fundamental condition, and shall transmit to the President of the United States, on or before the fourth Monday of November next, an authentic copy of the said act, upon the receipt whereof, the President, by proclamation, shall announce the fact: whereupon, and without any further proceeding on the part of Congress, the admission of said State into this Union shall be considered as complete. Now, forasmuch as the good people of this State have, by the most solemn and public act in their power, virtually assented to the said fundamental condition, when, by their representatives in full and free convention assembled, they adopted the constitution of this State and consented to be incorporated into the federal Union, and governed by the Constitution of the United States, which, among other things, provides that the said constitution, and the laws of the United States made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound there by, any thing in the constitution or law of any State to the contrary notwithstanding. And although this General Assembly are of opinion that the Congress of the United States have no constitutional power to annex any condition to the admission of this State into the federal Union, and that this General Assembly have no power to change the operation of the constitution of this State, except in the mode prescribed by the constitution itself: Never the less as the Congress of the United States have desired this General Assembly to declare the assent of this State to said fundamental condition, and forasmuch as such declaration will neither restrain or enlarge, limit or extend, the operation of the constitution of the United States, or of this State; but the said constitutions will remain, in all respects, as if the said resolution had never passed, and the desired declaration was never made, and because such declaration will not divest any power, or change the duties of any of the constituted authorities of this State or of the United States, nor impair the rights of the people of this State, or impose any additional obligation upon them, but may pro mote an earlier enjoyment of their vested federal rights, and this State being, moreover, determined to give to her sister States, and to the world, the most un equivocal proof of her desire to promote the peace and harmony of the Union; therefore.
Be it enacted and declared by the General Assembly of the State of Missouri, and it is hereby solemnly and publicly enacted and declared, That this State has assented, and does assent, that the fourth clause of the twenty-sixth section of the third article of the constitution of this State, shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the United States shall be excluded from the enjoyment of any of the privileges and immunities to which such citizens are entitled under the constitution of the U. States.