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Document introduced in:

Session 14318: 1861-03-01 00:00:00

The Senate, as in Committee of the Whole, takes up S. 70.

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S. No. 70

Shown with amendment 'S. No. 70: Mr. Hunter's Amendment' (e900754)

(Showing state at moment e900822)
There are 3 proposed amendments related to this document on which decisions have not been taken.
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Joint Resolution proposing certain amendments to the Constitution of the United States.

Whereas commissioners, appointed on the invitation of the State of Virginia, by the following States, respectively, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky,Missouri, Ohio, Indiana, Illinois, Iowa, Wisconsin, and Kansas, have met in convention at the city of Washington, for the purpose of considering the distracted and perilous condition of the country, and proposing measures for the preservation of the peace, the safety of the people, and the security of the Union, and having performed that duty, and communicated to Congress the result of their deliberations, with a request and recommendation on the part and in the name of said States, that the following be proposed to the several States as amendments to the Constitution of the United States, according to the fifth article of said instrument, namely;

Article XIII.

That iSEC. 1. In all the Tpresent territory of the United States, now held, or hereafter acquired, situaterth of the parallel of 36° 30' of north of latitude 36° 30', slavery or involuntary servitude, except as ain punishment forof crime, is prohibited while such Territory sh. In all remain under territorial governmthe present. In all the territory south of saidthat line of lati, the statude, slavery of the African race is hereby recognizedpersons held to involuntary service or labor, as it now existings, and shall not be interferchanged; nor shall any law be passed with by Congress; but shall be protected as property by all or the Territorial Legislature to hinder or prevent the taking of such persons from any of the departmentStates of theis Union to said Territorial government duy, nor to impair the rights arising its continuance; and wfrom said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law. When any tTerritory, north or south of said line, within such boundariesy as Congress may proescribe, shall contain thea population equal to that requisitered for a member of Congress, according to the then Federal ratio of representation of the people of the United States, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without slaveryinvoluntary servitude, as the constitution of such new State may provide.

SEC. 2. No Territory shall he acquired by the United States, except by discovery and for naval and commercial stations, depots, and transit routes, without the concurrence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States which prohibit that relation; nor shall Territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States hereinbefore mentioned be cast as a part of the two thirds majority necessary to the ratification of such treaty.

SEC. 3. Neither the Constitution, nor any amendment thereof, shall be construed to give Congress power to regulate, abolish, or control, within any State, the relation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to interfere with or abolish involuntary service in the District of Columbia without the consent of Maryland and without the consent of the owners, or making the owners who do not con-sent just compensation; nor the power to interfere with or prohibit Representatives and others from bunging with them to the District of Columbia, retaining, and taking away, persons so held to labor or service ; not the power to interfere with or abolish involuntary service in places under the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized; nor the power to prohibit the removal or transportation of persons held to labor or involuntary service in any State or Territory of the United States to any other State or Territory thereof where it is established or recognized by law or usage, and the right during transportation, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; but not the right of transit in or through any State or Territory, or of sale or traffic, against the laws thereof. Nor shall Congress have power to authorize any higher rate of taxation on persons held to labor or service than on land. The bringing into the District of Columbia of persons held to labor or service, for sale, or placing them in depots to be afterwards transferred to other places tor sale as merchandise, is prohibited.

SEC. 4. The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due.

SEC. 5. The foreign slave trade is hereby forever prohibited; and it shall be the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor, into the United States and the Territories from places beyond the limits thereof.

SEC. 6. The first, third, and fifth sections, together with this section of these amendments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph of the second section of the fourth article thereof, shall not be amended or abolished without the consent of all the States.

SEC. 7. Congress shall provide by law that the United States shall pay to the owner the full value of his fugitive from labor, in all cases where the marshal, or other officer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, after arrest, such fugitive was rescued by like violence or intimidation, and the owner thereby deprived of the same; and the acceptance of such payment shall preclude the owner from further claim to such fugitive. Congress shall provide by law for seeming to the citizens of each State the privileges and immunities of citizens in the several States.

Resolved, 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 foregoing be. and the same are hereby, proposed to the several States as amendments to the Constitution of the United States; which, when ratified by conventions in three fourths of the several Stales, shall be valid to all intents and purposes as part of the said Constitution.

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