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  1. Overview: The Road to Civil War
  2. Full Record: The Road to Civil War
  3. Committee:Senate Committee of the Whole
  4. Session: 1861-03-01 00:00:00
  5. Event type: CREATE_FROM

The Road to Civil War

Senate Committee of the Whole

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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.

Document View (with components):

S. No. 70

Shown with amendment 'None' (e900753)

(Showing state at moment e900757)
There are 3 proposed amendments related to this document on which decisions have not been taken.

Joint Resolution proposing certain amendments to the Constitution of the United States.

Whereas the Legislatures[+e900751]commissioners, appointed on the invitation[-e900751] of the States[+e900751] of Kentucky[+e900751]Virginia, by the following States, respectively, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York[-e900751], New Jersey, Pennsylvania, Delaware, Maryl[-e900751]and, Virginia, North Carolina, Tennessee, Kentucky,Missouri, Ohio, Indiana,[-e900751] Illinois, Iowa, Wisconsin, and Kansas, [-e900751]have applied to Congress to call a convention for propos[+e900751]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 follow[-e900751]ing be proposed to the several States as [-e900751]amendments to the Constitution of the United States: Therefore,[+e900751], according to the fifth article of said instrument, namely;[-e900751]

Be[+e900751]Article XIII. [-e900751]

[-e900751]

SEC. 1. In all the present territory of the United States, north of the parallel of 36° 30' of north latitude, involuntary servitude, except[-e900751] in punishmen[-e900751]t of c[-e900751]rim[-e900751]e, i[-e900751]s pr[-e900751]ohibited. In a[-e900751]ll the present territory south of that line, the status of persons held to in[-e900751]voluntary service or labor, as it now exists, shall not be changed; nor shall any law be pass[-e900751]ed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of [-e900751]the Stat[-e900751]es of this U[-e900751]nion to s[-e900751]aid Terri[-e900751]tory, nor to impair th[-e900751]e rights [-e900751]arisi[-e900751]ng from sai[-e900751]d Hou[+e900751]relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the cour[-e900751]se of Re[+e900751]the common law. When any Territory north or south of said line, within such boundary as Congress may [-e900751]prescrib[-e900751]e, shall co[-e900751]ntain a popula[-e900751]tion equal to that required for a member of Congress, it shall, if its form of go[-e900751]vernment be republican, be admitted into the Union on an equal footing with the original State[-e900751]s, with or without involuntary servitude, as the constitution[-e900751] of such State may provide. [-e900751]

[-e900751]

SEC. 2. No Territory shall he acquired by [-e900751]the United States of Amer[+e900751], 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 wh[-e900751]ich prohibit th[-e900751]at[-e900751] relat[-e900751]io[-e900751]n; 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. [-e900751]

[-e900751]

SEC. 3. Neither the Constitution, nor any amendment thereof, shall be construed to give[-e900751] Congress power to regul[-e900751]ate, aboli[-e900751]sh, or control, within any State, the relation e[-e900751]stablish[-e900751]ed 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 Colu[-e900751]mbia without the consent of Mary[-e900751]land and without th[-e900751]e consent of the owners, or making the owners who [-e900751]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[-e900751], Tha[+e900751]retaining, and taking away, persons so held to labor or service ; no[-e900751]t the Legis[+e900751]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 [-e900751]labor or involun[-e900751]tary 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 d[-e900751]uring transportation, by s[-e900751]ea or river, of touching at port[-e900751]s, shores, and landings, and[-e900751] of landing in case of dis[-e900751]tress, s[-e900751]hall [-e900751]exist;[-e900751] but n[-e900751]ot [-e900751]the right of transit in o[-e900751]r through any [-e900751]State or Territory, or of sale or traffic, against the laws thereof. Nor shall Congres[-e900751]s have power to authorize any higher rate of taxation on persons held to la[-e900751]bor or s[-e900751]ervice than on[-e900751] land. The br[-e900751]inging into the District of Columbia of persons held to labor or ser[-e900751]vice, for sale, or placing [-e900751]th[-e900751]em in [-e900751]depots[-e900751] to take[+e900751]be afterwards transferred[-e900751] to ot[-e900751]her[-e900751] place[-e900751]s tor sale as merchandise, is prohibited. [-e900751]

[-e900751]

SEC. 4. The third paragraph of the second section of the fourth article of the Constit[-e900751]ution shall not [-e900751]be construed to prevent any of the States, by appropriate legislation, and through the action of their [-e900751]judicial and minist[-e900751]erial offi[-e900751]cers, from enforcing [-e900751]the delivery[-e900751] of fugitives from labor to the person to whom [-e900751]such service or l[-e900751]abor is due. [-e900751]

[-e900751]

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,[-e900751] coolies, or perso[-e900751]ns held to ser[-e900751]vic[-e900751]e or labor, i[-e900751]nto the Un[-e900751]ited States and the Territories from places bey[-e900751]ond[-e900751] the l[-e900751]imits thereof. [-e900751]

[-e900751]

SEC. 6. The first, third, a[-e900751]nd fif[-e900751]th secti[-e900751]ons,[-e900751] together with this se[-e900751]cti[-e900751]on of the[-e900751]se amendments, and the th[-e900751]ir[-e900751]d paragraph of th[-e900751]e second section of the fi[-e900751]rst [-e900751]article of the Constitu[-e900751]tion, and to ex[+e900751]he third paragraph of the second section of the fourth article thereof, shall not be amended or abolished without the consent of all the States. [-e900751]

[-e900751]

SEC. 7. Congress shall [-e900751]provide by law that the United Stat[-e900751]es [-e900751]shall pay to[-e900751] their wi[+e900751] owner the full value of his fugitive from labor, in a[-e900751]ll cases where the marshal, [-e900751]or other officer, whose duty it was to arrest such fugitive, was preve[-e900751]nted[-e900751] from so doing by violence or in[-e900751]timidation from mobs or riotous assemblages, or w[-e900751]hen, [-e900751]af[-e900751]ter arrest,[-e900751] subject[+e900751]ch fugitive was rescued by like violence or intimidation, and[-e900751] the [-e900751]owner thereby deprived of the same; and the acceptance of such payment shall preclude the owner from further claim to such fugitive.[-e900751] Congress,[+e900751] shall provide by law for seem[-e900751]ing to the citizens of each State the[-e900751] privileges and imm[-e900751]unities of citizens in the seve[-e900751]ral State[-e900751]s. [-e900751]

[-e900751]

Resolved, therefore, by the Senate and Ho[-e900751]use of Represent[-e900751]atives of the U[-e900751]nited States of Ameri[-e900751]ca in Congr[-e900751]ess assembled, (two thirds[-e900751] of both Houses concurring,) That [-e900751]the forego[-e900751]ing be. and the same are hereby, proposed to the several States as amendments to the Constitution o[-e900751]f [-e900751]the[-e900751] United St[-e900751]ates; which, when [-e900751]ra[-e900751]tified by [-e900751]conventions in three fourths of the several Sta[-e900751]les, shall be valid to all intents and purposes as part[-e900751] of the said[-e900751] Constitution.

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