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Document introduced in:

Session 11968: 1861-01-14 12:00:00

Mr. English and Mr. Florence present resolutions on the Crittenden Compromise. The Committee of Thirty-Three reports.

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H. Res. 64

Shown with amendment 'H. Res. 64: Mr. Clemens' Amendment: Mr. Kellogg's Amendment' (e845428)

(Showing state at moment e847001)
There are 8 proposed amendments related to this document on which decisions have not been taken.
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Joint Resolutions declaratory of the opinion of Congress in regard to certain questions now agitating the Country, and of measures calculated to reconcile existing differences.

provisught to be made by lawwiout delay, for takiense of submitting to ir vote the follresolutions as basis forinal and pan settlement of those disputesnow disturb the peace of the urytatene existence of the Union:

JOINT RESOLUTIONSosing ctainmements to the C of the United States.

Whereas seriouslarming dissensions have arisen between the nthrn andouthern States concerning the rightssecurity of the right slaveholding States, and especially theiin the common territory of the United States; and whereas it is eminently desirable and propat thosdissensions, which now threatenvery existenceisermanenquieted settled by constitutional provisions which shall do equal justice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the united States: Therefore-- by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both houses concurring, That the following articles be, and are hereby, proposed and submitted as amendments to the ConstitutionL of the United States, which shall be valid, to all intents and purposes, as part of said Constitution, when ratified by conventions of three -fourths of thes several States.

ART.rticle 13. That iIn all, the territory now held byof the United States now held or hereafter acquired, situate north of latitude 36° 30'the southern boundary of Kansas and the northern boundary of Now Mexico, slavery or involuntary servitude, except in theas a punishment for crime, is prohibited, while such territory shall remain under a territorial government; that i. In all the territory now held south of said line, neither Congress nor any Territorial Legislatuow held or hereafter acquired, shall hindlavery or preventf the emigration to said territory of persons held to service from any State of this Union, when that relation exists by virtue of any law or usage of such State, while it shAfrican race is hereby recogniz ed as existing, and shall not be interfered with by Congress, but shall be protec-ted as property by all - remain in athe departments of the territorial conditigovernment during its continuance; and when any tTerritory, north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then Ffederal ratio of representation of the people of the United States, it mayshall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without slavery, as the relaconstitution of perssuch new State may provide.

Article 2. Congress heldshall have no power to abolish slavervice and labor, as thy in places under its exclusive jurisdiction, and stitution of such newate within the limits of State may provide.

ART 14. That nothing s that permit the holding of slaves.

Article 3. Congress shall have no power to abolish slavery withinby the Constitution of the UnitedDistrict of Columbia, so long as it exists in the adjoining States, of Virginia any amendmend Maryland, or either, nor without thereto, shall b consent of the inhabitants, nor without just compenstrued aation first made to such owners of slaves as do not consent to authorizesuch abolishment. Nor shall Congress at any departmenttime prohibit officers of the Gfederal government tor members of Congress, whose duties require them to be in any mannersaid District, from bringing with them their slaves, and holding them as such, durinterfeg the time their duties may require them to remain there, and afterwards taking them from the District.

Article 4. Congress shall have no power to prohibit or hinder the transportation of persons slaves from one State to another, or to a Territory in which slaves are by law permitted to servibe held, whether that transportation be by land; navigable rivers, or byfor the sea.

Article 5. That, in any State wddition to the provisions of the third paragraph of the secoR nd section of that relae fourth article of the Constitution existof the United States, Congress shall have power into provide by law, and it shall be its duty manso to provide, that the United States shall pay-t to the owner to establiwho shall apply for itG the full value of his fugitive slave, in all cases, when the marshal, or other officer, whose duty it was to arrest sain that reld fugitive, was prevented from so doing b-y violence or intimidation in any State w-tG-L, or when, after arrest, said fugitive was rescued by force, and the ownerL thereby prevented and obstructed in the pursuit of his premedy for th e recovery of hibited bys fugitive slave, under the said claws or cuse of the Constitution and the laws made in pursuance thereof. And in all such State. Ancases, when the United Sthat this articlees shall pay for such fugitive, they shall not bhave the power to reimburse themselves by imposing and collecting a tax on the county or city in which said violence, intimidation, or- amended rescue was committed, equal in amount to the sum paid by them,- without the addition of interest, and the costs of collection; and the said county or city, after it has paid said amount to the United States, may, for its indemnity, sue and recover from the wrong-doers, or rescuers, by Stawhom the owner was prevented from the recovery of his fugitive slaS ve, in like manner as the Union.

ART 15. Towner himself might have sued and recovered.

Article 6. No future amendment of the Constitution shall affect the five preceding articles, nor the third paragraph of the second section of the fourthirst article of the Constitution shall be taken- and c, nor the third paragraph of the second section of the fourth art-icle of said Construeditution, and no amendment shall be made to the Constitution which will authorize or give to Congress and emy power Congress to passto abolish or interfere with slavery in any of the States by whose law-s necessarys it is or may be allowed or permitted.

Article 7. Sec. 1. The elective franchise and the right to secure the return ofhold office, whether federal,- State, territorial, or municipal, shall not be exercised by persons held to servwho are, in whole or in part, of the African race.

Sec. 2. The United States shall have power labor to acquire from time to time districts of country in Africa and South America, for the laws of any State, who may hacolonization, at expense of the federal treasury, of such free negroes and mulattoes as the several Statescaped may wish to have remo ved from, to Gheir limits, and from the party to whomDistrict of Columbia, and such service- or laborother places as may be under the jurisdiction of Congress.

ART 16. The migrand whereas, also, besides those causes of dissension embraced in the foregoing amendments proposed to the Constitution or importaf the United States, there are others which come within the jurisdiction of personCongress, and may be remedied by its legislative power; and wGhereas it is theld to-n desire of Congress, as far as its powervic will extend, to remove all just cause for involthe popular discontent and agita-tion which now disturb the peace of the country, and threaten the stability of its institutions: Thervitude, into anyefore--

1. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Territohat the laws now in force for the recovery, of fugitive slaves are in strict pursua-nce of the place win and mandatory provisionns of the Constitution, and have been sanctioned as valid and constitutional by the judgment of the Supreme Court of the United States, from; that the slaveholding St ates are entitled to a faithful observance and execution of those laws, and that they place nr country beyoought not to be repealed or so modified or changed as to impair their efficiency; and that laws ought to be made for the punishmFG,ent of those who attempt, by rescue of the

Resolved, That it is the duty of the Federal Government to enforce the Federal laws, protect the Federal property, and preserve the Union of these States. C,slave or other illegal means, to hinder or defeat the due execution of said laws.

2. That all State laws which conflict with the fugitive slave acts, or any other constitutional acts of CCongress, or which in their operation impede, hinder, or delay, the free course and due execution of any of said acts, are null and void by the plain provisions of the Constitution of the United States or Territories re. Yet those State laws, void as they are, have given color to practices, and led to consequences which have obstructed due administration and execution of acts of Congress, and especially the acts for the deliver prohibited.

ART 17. No Territory beyondy of fugitive slaves, and have thereby contributed much to the discord and commotion now prevailing. Congress, there,fore, in the present limperilous juncture, does not deem it improper, respectfully and earnestly, to recommend the repeal of those Unitedlaws to the several States which have enacted the Territories-m, or such legislative correctionsor explanations of them a-s may prevent their being used or perverted to such mischievous purposes.

3. That the act of the eighteenth of September, sheighteen hundred and fifty, commonly called the fugitive slave law, ought to be so amended as to make the feeG of the commissionexr, mentioned in the eighth section or bf the act, equiral in amount, in the cases decided by Gthe United Stateshim, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the lasLclue of fifth section of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive to summon to his aid the posse comitatus, and which declares it to beduty of all good citizens to assist him in its execu,ught to be someed as to expressly limitauthority, and duty to casin which Lereaty shall be ratified by a votesistance, or daerresistancerescue.

4. That the laws forsuppression of the African,and especially ose prohibiting the importation of slaves intwo thirds ofhe Senate. e United States ought to be made effectual, and ought to behroughlyexecud,dll further enaments necessary toends ought to be promptly made

Decisions yet to be taken

  • H. Res. 64 (introduced on 1861-01-14 12:00:00 - CREATE_FROM - e843040) [This document]
    • Motion to Lay the Whole Subject on the Table (introduced on 1861-02-27 12:00:00 - PROCEDURE - e846913)
    • Engrossment of H. Res. 64 (introduced on 1861-02-27 12:00:00 - PROCEDURE - e846994)
  • Point of Order: Appealing the Decision and Objecting to Yield (introduced on 1861-01-22 12:00:00 - PROCEDURE - e839203)
  • Motion for Tellers on Seconding the Previous Question (introduced on 1861-02-26 12:00:00 - PROCEDURE - e843437)
  • Motion to Lay Motion to Appeal on the Table (introduced on 1861-02-27 12:00:00 - PROCEDURE - e846622)
    • Motion for the Yeas and Nays on Motion to Lay Motion to Appeal on the Table (introduced on 1861-02-27 12:00:00 - PROCEDURE - e846624)
  • Point of Order: Main Question Ordered (introduced on 1861-02-27 12:00:00 - PROCEDURE - e846627)
  • Motion for Tellers on Motion for the Yeas and Nays on Engrossment of H. Res. 64 (introduced on 1861-02-27 12:00:00 - PROCEDURE - e846996)

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