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the sum paid by them, with 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 wrongdoers, 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.

ARTICLE 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 will 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.

ARTICLE 7. SEC. 1. The elective franchise and the right to hold office, whether federal, State, territorial, or municipal, shall not be exercised by persons who are, in whole or in part, of the African race.

On motion by Mr. Doolittle, to amend the proposed amendment by inserting at the end thereof the following:

ARTICLE 8. Under this Constitution, as originally adopted and as it now exists, no State has power to withdraw from the jurisdiction of the United States; and this Constitution, and all laws passed in pursuance of its delegated powers, are the supreme law of the land, anything contained in any constitution, ordinance, or act of any State to the contrary notwithstanding.

It was determined in the negative, {

Yeas.
Nays.....

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On motion by Mr. Doolittle, The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Bingham, Chandler, Clark, Collamer, Doolittle, Durkee, Fessenden, Foot, Grimes, Hale, Harlan, King, Morrill, Simmons, Trumbull, Wade, Wilkinson, Wilson.

Those who voted in the negative are,

Messrs. Anthony, Baker, Bayard, Bigler, Bragg, Bright, Cameron, Clingman, Crittenden, Dixon, Douglas, Foster, Gwin, Hemphill, Hunter, Johnson, of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Powell, Pugh, Rice, Sebastian, Ten Eyck, Wigfall. On the question to agree to the amendment proposed by Mr. Pugh, Yeas....

It was determined in the negative, Nays..

On motion by Mr. Wilson,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Bayard, Bright, Gwin, Hunter, Johnson, of Arkansas, Kennedy, Lane, Mason, Nicholson, Polk, Powell, Pugh, Thomson, Wigfall.

Those who voted in the negative are,

Messrs. Anthony, Baker, Bigler, Bingham, Chandler, Clark, Crittenden, Dixon, Doolittle, Douglas, Fessenden, Foot, Foster, Grimes, Harlan, Johnson, of Tennessee, King, Latham, Morrill, Rice, Sebastian, Sumner, Ten Eyck, Wilkinson, Wilson.

On motion by Mr. Bingham, to amend the resolution by striking out all after the resolving clause, and inserting:

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, rather 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 efforts of all good citizens.

Yeas...

It was determined in the negative, Nays.

On motion by Mr. Bingham,

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The yeas and nays being desired by one-fifth of the senators present, Those who voted in the affirmative are,

Messrs. Bingham, Chandler, Clark, Doolittle, Durkee, Fessenden. Foot, King, Sumner, Trumbull, Wade, Wilkinson, Wilson.

Those who voted in the negative are,

Messrs. Anthony, Baker, Bigler, Bright, Crittenden, Dixon, Douglas, Foster, Gwin, Harlan, Hunter, Johnson, of Arkansas, Johnson. of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, Ten Eyck, Thomson.

On motion by Mr. Grimes, to amend the resolution by striking out all after the word "whereas" in the preamble, and inserting:

The legislatures of the States of Kentucky, New Jersey, and Mlinois have applied to Congress to call a convention for proposing amendments to the Constitution of the United States. Therefore,

Be it resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That the legislatures of the other States be invited to take the subject of such a convention into consideration, and to express their will on that subject to Congress in pursuance of the fifth article of the Constitution,

It was determined in the negative, Nays..

On motion by Mr. Wilson,

Yeas.....
Nays......

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The yeas and nays being desired by one fifth of the senators present. Those who voted in the affirmative are,

Messrs. Bingham, Chandler, Clark, Doolittle, Fessenden, Foot. Grimes, King, Morrill, Pugh, Sumner, Trumbull, Wilkinson, Wilson. Those who voted in the negative are,

Messrs. Anthony, Baker, Bigler, Bright, Crittenden, Dixon. Douglas, Durkee, Foster, Gwin, Harlan, Hunter, Johnson, of Arkansas, Johnson, of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Rice, Sebastian, Ten Eyck, Thomson, Wade.

On motion by Mr. Johnson, of Arkansas, to amend the resolution

by striking out all after the word "whereas," in the preamble, and inserting;

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 thirteen.

SECTION 1. In all the present territory of the United States, north of the parallel of thirty-six degrees and thirty minutes of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line, the status of persons held to involuntary service or labor, as it now exists, shall not be changed; nor shall any law be passed by Congress or the territorial legislature to hinder or prevent the taking of such persons from any of the States of this Union to said territory, nor to impair the rights arising from 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 territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original Ssates, with or without involuntary servitude, as the constitution of such State may provide.

SEC. 2. No territory shall be 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 consent just compensation; nor the power to interfere with or prohibit representatives and others from bringing with them to the District of Columbia, retaining and taking away, persons so held

to labor or service; nor 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 estab lished 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 for 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 persons 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 securing 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 States, shall be valid to all intents and purposes as part of the said Constitution,

It was determined in the negative,

Yeas.....

es..

On motion by Mr. Johnson, of Arkansas,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Foot, Nicholson, Pugh.

Those who voted in the negative are,

Messrs. Anthony, Baker, Bigler, Bingham, Bright, Chandler, Clark, Crittenden, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foster, Grimes, Harlan, Hunter, Johnson, of Arkansas, Johson, of Tennessee, Kennedy, King, Latham, Mason, Morrill, Polk, Rice, Sebastian, Sumner, Ten Eyck, Trumbull, Wade, Wigfall, Wilkinson, Wilson.

No amendment being made, the resolution was reported to the Senate.

Ordered, That it pass to a third reading.

The said resolution was read the third time.
On the question, Shall the resolution pass?

It was determined in the affirmative, {Nays....

On motion by Mr. Bigler,

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Anthony, Baker, Bigler, Bright, Crittenden, Dixon, Douglas, Foster, Grimes, Gwin, Harlan, Hunter, Johnson, of Tennessee, Kennedy, Latham, Mason, Morrill, Nicholson, Polk, Pugh, Rice, Sebastian, Ten Eyck, Thomson.

Those who voted in the negative are,

Messrs. Bingham, Chandler, Clark, Doolittle, Durkee, Foot, King, Sumner, Trumbull, Wade, Wilkinson, Wilson.

The President (Mr. Polk in the chair) announced that the joint resolution was passed.

Mr. Trumbull raised a question of order: whether, the joint resolution being a proposition to amend the Constitution of the United States, it did not require an affirmative vote of two thirds of the members composing the Senate, to pass the same.

The President decided that it required an affirmative vote of two thirds of the senators present, only.

From this decision Mr. Trumbull appealed; and

On the question, Shall the decision of the Chair stand as the judgment of the Senate?

It was determined in the affirmative,

On motion by Mr. Trumbull,

Yeas...

Nays....

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The yeas and nays being desired by one fifth of the senators present, Those who voted in the affirmative are,

Messrs. Anthony, Baker, Bigler, Bingham, Bright, Chandler, Clark, Crittenden, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foot, Foster, Grimes, Gwin, Harlan, Hunter, Johnson, of Tennessee, Kennedy, Latham, Mason, Nicholson, Pugh, Rice, Sebastian, Sumner, Ten Eyck, Thomson, Trumbull, Wilkinson, Wilson.

Mr. Wade voted in the negative.

So the decision of the Chair was sustained.

Mr. Foot submitted the following resolution for consideration: Resolved, That the thanks of the Senate are due and are hereby tendered to the honorable John C. Breckinridge for the able, dignified,

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