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Document introduced in:

Session 12495: 1861-01-09 12:00:00

The Senate, as in Committee of the Whole, takes up S. 54. Consideration is postponed until Tomorrow.

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S. No. 54

Shown with amendment 'None' (e826323)

There are 0 proposed amendments related to this document on which decisions have not been taken.

Resolved, That the provisions of the Constitution are ample for the preservation of the Union, and the protection of all the material interests of the country; that it needs to be obeyed rather than amended; and that an extrication from our present dangers is to be looked for in strenuous efforts to preserve the peace, protect the public property, and enforce the laws, raRTther than in new guarantees for particular interests, compromises for particular difficulties, or concessions to unreasonable demands.

Resolved, That all attempts to dissolve the present Union, or overthrow or abandon the present Constitution, with the hope or expectation of constructing a new one, are dangerous, illusory, and destructive; that in the opinion of the Senate of the United States no such reconstruction is practicable; and, therefore, to the maintenance of the existing Union and Constitution should be directed all the energies of all the departments of the government, and the effART. 2. Congress shall havno powe to abolish slavry in places under its exclusive jurisdiction, and situate within the liits of Sttes that permit the holdg of slaves.

ART. 3. Congress shall have no power to abolish slavery with the District of Columbia, so lonas i issn the adjoining Stateof Virgiia and Maryland, r eiher, nor without theonsent of the inhabitants, nor withot just compensation fist made to such ownes of slaves as do not cons to such aboishment. Nor shall Congress at antime prohibit officers of the Federl Goernment, or mem-bers of Congress, whose duties require them to be in sd District, from bringing them their sves, and holding them as such during the time their duties may require them to remain there, and afterwards taking them from the District.

ART. 4. Congress shall have no power to prohiit or hinder the transportation of savs from one State to another or to a Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by the sea.

ART. 5at in addition to thprovisions of he thrid paragraph of the second section of the fourth article of the Constitution of the United States, Congress shall have power to provide by law, and it shall be its duty so to provide, that the United States shall pay to the owner who shall apply for it, the full value of his fugitive slave in all cases when the marshal or other officer whose duty it was to arrest said fugitive was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive was rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave under the said clause of the Constitution and the laws made in the pursuance thereof. And in all such cases, when the United States shall pay for such fugitive, they shall have the right, in their own name, to sue the county in which said violence, intimidation, or rescue was committed, and to recover from it, with interest and damages, the amount paid by them for said fugitive slave. And the said county, after it has paid said to amount to the United States, may, for its indemnity, sue and recover from the wrong doers or rescuers by whom the owner was prevented from the recovery of his fugitive slave, in like manner as the owner himself might have sued and recovered.

ART. 6. No future amendment of the Constitution shall affect the five preceding articles; nor the third paragraph of the second section of the first article of the Constitution; nor the third paragraph of the second section of the fourth article of said Constitution; and no amendment shall be made to the Constitution which shall authorize or give to Congress any power to abolish or interfere with slavery in any of the States by whose laws it is, or may be, allowed or permitted.

And whereas, also, besides those causes of dissension embraced in the foregoing amendments proposed to the Constitution of the United States, there are others which come within the jurisdiction of Congress, and may be remedied by its legislative power; and whereas it is the desire of Congress as far as its powerful will end, ot remove all just cause for theopula discontent and agitatin which now disturb the peace of the country, and threaten the stability or its institutions: Therefore,

1. Resoled by the Senate and House of Representatves of the Unite States of America in Congress assembl, That the laws nown force for the recovery of fugitive slavea in sct pursuanc of the plain and mandatory prois-ions of th Constitution, anhave been sanctied asvad and constitutional by the judgent of the Supreme Court of the UnStates; that the slaveholding States are enti-tled to the faithful observance and execution of those laws, and that they ought not to be reealed, or so modified or changed as to mpair their efficiency; and that laws ught to be made for the puishment of those of all good citizeno attempt by rescue of the slave, or other llegal means, to hinder or defeat the due exeution of said laws.

2. Tatll State laws which conflict with the fugitive slave acts of Congss,o any othr constitutionl acts of Congress, or which, in their operation, impee,hinder, or dely the free course and due execution of any said acts, are nul and vid by the plain provisions of the Constittion of the UniteStates; yet those State las, vod as ey are, have gvecolor to practices, and led to consequences, which have obstructed due administration and execu-tion of acts of Congress, and esecially the acts fo the de-livery f fugitive slaves, and have thereby ontributd much to th scord and commotion now prevaili. Congress, therefore, in the present perilous juncture, does not deem it improper, respectfully and earnestly to recommend the repeal of those laws to the several States which have en-acted them, or such legislative corrections or explanations of them as may prevent their being used or perverted to such mischievous purposes.

3. That the act of the 18th of September, 1850, commonly called the fugitive slave law, ought to be so amended as to make the fee of the commissioner, mentioned in the eighth section of the act, equal in amount in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the last clause of the fifth section of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive slave, to summon to his and the posse comitatus, and which declares it to be the duty of all good citizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance or danger of resistance or rescue.

4. That the laws for the suppression of the African slave trade, and especially those prohibiting the importation of slaves in the United States, ought to be made effectual, and ought to be thoroughly executed; and all further enact-ments necessary to those end ought to be promptly made.

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