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with the request that they would lay valid to all intents and purposes as them before the bodies over which parts of said constitution, when ratithey preside.
fied by conventions of three-fourths “Passed and sent up for conference. of the several States:
“ J. H. BRADLEY, President. Article 1. In all the territory of “In the Board of Aldermen, Feb. the United States now held, or here. ruary 11th, 1861.
after acquired, situate north of lati“SILAS PIERCE, Chairman. tude 36 degrees 30 minutes, slavery Approved, February 13th, 1861. or involuntary servitude, except as a
“J. M. WHITMAN, Mayor." punishment for crime, is prohibited As the Crittenden compromise while such territory shall remain unplays an important part in the pro der territorial government. In all the ceedings of the Senate and House territory south of said line of latitude, hereinafter given, it is here copied: slavery of the African race is hereby
“Whereas, Serious and alarming recognized as existing, and shall dissensions have arisen between the not be interfered with by Congress, Northern and Southern States con but shall be protected as property by cerning the rights and security of the all the departments of the territorial rights of the slaveholding States, and government during its continuance. especially their rights in the common And when any territory, north or territory of the United States; and, south of said line, within such boun
Whereas, It is eminently desirable daries as Congress may prescribe, and proper that these dissensions, shall contain a population requisite which now threaten the very exist for a member of Congress according tence of this Union, should be per to the Federal ratio of representation manently quieted and settled by con of the people of the United States, it stitutional provisions, which shall do shall, if its form of government be equal justice to all sections, and republican, be admitted into the thereby return to the people that Union, on an equal footing with the peace and good-will which ought to original States, with or without slavprevail between all citizens of the ery, as the constitution of such new United States; therefore,
State may provide. “Resolved, By the Senate and House
" Article 2.
Congress shall have of Representatives of the United no power to abolish slavery in places States of America in Congress assem under its exclusive jurisdiction, and bled (two-thirds of both Houses con situate within the limits of States curring), that the following articles that permit the holding of slaves. be and are proposed and submitted “ Article 3. Congress shall have as amendments to the Constitution
no power to abolish slavery within of the United States, which shall be the District of Columbia so long as it
exists in the adjoining States of Mary for the recovery of his fugitive slave land and Virginia, or either, nor with under the said clause of the constituout the consent of the inhabitants, tion and the laws made in pursuance nor without just compensation first thereof. And in all such cases, when made to such owners of slaves as do the United States shall pay for said not consent to such abolishment. Nor fugitive, they shall have the right, in shall Congress at any time prohibit their own name, to sue the county in officers of the Federal government, which said violence, intimidation or or members of Congress, whose rescue was committed, and to recover duties require them to be in said dis from it, with interest and damages, trict, from bringing with them their the amount paid by them for said slaves, and holding them as such dur- fugitive slave. And the said county, ing the time their duties may require after it has paid said amount to the them to remain there, and afterwards United States, may, for its indemnity, taking them from the district.
recover from the wrong"Article 4. Congress shall have doers, or rescuers, by whom the no power to prohibit or hinder the owner was prevented from the recovtransportation of slaves from one ery of his fugitive slave, in like manState to another, or to a territory in ner as the owner himself might have which slaves are by law permitted to sued or recovered. be held, whether that transportation Article 6. No future amendment be by land, navigable rivers or by the of the constitution shall affect the five
preceding articles; nor the third para“ Article 5.
That in addition to graph of the second section of the the provisions of the third paragraph first article of the constitution; nor of the second section of the fourth the third paragraph of the second secarticle of the Constitution of the tion of the fourth article of said conUnited States, Congress shall have stitution; and no amendment shall be power to provide by law, and it shall made to the constitution which shall be its duty to provide, that the United authorize or give to Congress any States shall pay to the owner, who power to abolish or interfere with shall apply for it, the full value of his slavery in any of the States by whose fugitive slave in all cases when the laws it is, or may be, allowed or permarshal, or other officer, whose duty mitted. And, it was to arrest said fugitive, was Whereas, Also, besides the causes prevented from so doing by violence of dissension embraced in the foreor intimidation, or where, after arrest, going amendments proposed to the said fugitive was rescued by force, Constitution of the United States, and the owner thereby prevented and there are others which come within obstructed in pursuit of his remedy the jurisdiction of Congress, and may
be remedied by its legislative power; structed the due administration and and,
execution of the acts of Congress, Whereas, It is the desire of Con and especially the acts for the delivgress, as far as its power will extend, ery of fugitive slaves, and have thereto remove all just cause for popular by contributed much to the discord discontent and agitation which now and commotion now prevailing. Condisturb the peace of the country and gress, therefore, in the present perilthreaten the stability of its institu ous juncture, does not deem it imtion; therefore,
proper, respectfully and earnestly, to Resolved, By the Senate and the recommend the repeal of those laws House of Representatives in Con to the several States which have gress assembled, that the laws now in enacted them, or such legislative corforce for the recovery of fugitive rections or explanations of them as slaves are in strict pursuance of the may prevent their being used or perplain and mandatory provisions of verted to such mischievous purposes. the constitution, and have been sanc 3. That the act of the 18th of Septemtioned as valid and constitutional by ber, 1850, commonly called the fugithe judgment of the Supreme Court tive slave law, ought to be so amended of the United States; that the slave as to make the fee of the commisholding States are entitled to the sioner, mentioned in the eighth secfaithful observance and execution of tion of the act, equal in amount in those laws, and that they ought not cases decided by him, whether the to be repealed, or so modified or decision be in favor of or against the changed as to impair their efficiency; claimant. And to avoid misconstrucand that laws ought to be made for tion, the last clause of the fifth secthe punishment of those who attempt, tion of said act, which authorizes the by rescue of the slave, or other illegal person holding a warrant for the armeans, to hinder or defeat the due rest or detention of a fugitive slave, execution of said laws. 2. That all to summon to his aid the posse comiState laws which conflict with the tatus, and which declares it to be the fugitive slave acts of Congress, or duty of all good citizens to assist him other constitutional acts of Congress, in its execution, ought to be so or which, in their operation, impede, amended is
to expressly limit the hinder or delay the free course and authority and duty to cases in which due execution of any of said acts, are there shall be resistance, or danger null and void by a plain provision of of resistance or rescue.
That laws the Constitution of the United States; for the suppression of the African yet those State laws, void as they are, slave trade, and especially those prohave given color to practices, and led hibiting the importation of slaves in
consequences, which have ob the United States, ought to be more
effectual, and ought to be thoroughly In fact, commerce, throughout the executed; and all further enactments civilized world, has been conservanecessary to those ends ought to be tive, and to some extent this is wispromptly made."
dom, for those engaged in it generally For the benefit of readers who have prefer to "let well enough alone." not convenient access to the United The committee of thirteen in the States Constitution, the third para Senate were unable to agree, and congraph of the second section of the sequently made no formal report; fourth article of the constitution re but Mr. Greeley, in his "American ferred to in Mr. Crittenden's proposed Conflict," has given us an insight compromise reads as follows: “No into the action of this committee, person held to service or labor in one which is no doubt correct, but it does State, under the laws thereof, escap not appear in the Congressional ing into another, shall, in conse Globe. quence of any law or regulation Mr. Jefferson Davis (a member of therein, be discharged from such ser the committee of thirteen) introduced vice or labor, but shall be delivered in the Senate, December 24th, 1860, up on claim of the party to whom the following resolution, which was such service or labor may be due;" referred to the committee, but there and also so much of the third para is no record of action upon it in the graph of the second section of the Congressional Globe: first article as is material, is as fol ' Resolved, That it shall be declared lows: “Representation and direct by amendment of the constitution, taxes shall be apportioned among the that property in slaves, recognized as several States which may be included such by the laws of any of the States within this Union, according to their of the Union, shall stand on the same respective numbers, which shall be
fouting, in all constitutional and determined by adding to the whole Federal relations, as any other species number of free persons, including of property so recognized; and, like those bound to service for a term of other property, shall not be subject to years, and excluding Indians not be divested or impaired by the local taxed, three-fifths of all other law of any other State, either in espersons."
cape thereto, or by any transit or soThe memorials and petitions from journ of the owner therein. And in most of the commercial centers in no case whatever shall such property the free States evidently had potei. be subject to be divested or impaired tial influence with Congress towards by any legislative act of the United an endeavor to conciliate the slave States, or any of the territories holding States, and avoid, if possible, thereof." a civil war to maintain the Union. If the policy of this resolution had
been adopted, slavery, instead of the constitution, but by reason of being a local institution, would have subsequent events, no action was had been national, having a lawful status upon it by any of the States. in all the States and territories; for The committee of thirteen of the under its protection any number of Senate were unable to agree upon slaveholders, where slavery existed, any plan of compromise which would could pass through or remain any be satisfactory in the adjustment of length of time, with any number of the then pending controversy between slaves, in all the States and territories the North and the South. of the Union; and this was the con Mr. Anthony, a conservative Sendition which possibly might have ator from Rhode Island, in a speech prevented civil war.
in the Senate on the 16th day of JanThe Senate committee of thirteen
uary, 1861, expressed the general was appointed December 5th, 1860, anxiety of the North to agree, if posand soon thereafter met, and the Crit- sible, upon a settlement that would tenden compromise was voted on, with unite the sections and avoid war, the following result: Yeas–Bigler, from which an extract is given: “I Crittenden, Douglas, Rice and Pow- believe, Mr. President, that if the ell; 5. Nays-Davis, Doolittle, Col. danger which menaces
us is to be lamer, Wade, Tombs, Grimes and avoided at all, it must be by legisla: Hunter; 7. Absent-Seward.
tion; which is more ready, more cerA few days afterward the commit tain and more likely to be satisfactory tee met, when Mr. Seward offered the than constitutional amendment. The following proposition: “First. No main difficulty is the territorial quesamendment shall be made to the con tion. The demand of the Senators stitution which shall authorize or give on the other side of the chamber, and Congress any power to abolish or in of those whom they represent, is that terfere, in any State, with the domes
the territory south of the line of the tic institutions thereof, including that Missouri compromise shall be open to of persons held to service or labor by
their peculiar property.
All this terthe laws of such State."
ritory, except the Indian reservation, adopted by the following vote: Yeas is within the limits of New Mexico, -Powell, Hunter, Crittenden, Sew which, for a part of its northern ard, Douglas, Collamer, Wade, Big- boundary, runs up two degrees above ler, Rice, Doolittle and
Grimes. that line. This is now slave terriNays-Davis and Toombs.
tory, made so by territorial legislaThis resolution
afterwards tion; and slavery exists there, recogadopted, by the Thirty-sixth Con nized and protected. Now, I am gress, as a proposition to be submit
willing, as soon as Kansas can be adted to the States as an amendment to mitted, to vote for the admission of