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 States, with or without involuntary servitude, as the constitution of such State may provide.
This proposition was affirmed1
and recommended by the following vote:
Ays--Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee-9.
Noes--Connecticut, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, Virginia--8.
New York,2 Indiana
, and Kansas
were equally divided, and so cast no vote.
The section was declared adopted.
section had been so amended during the debates as to read as follows:
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.
This was likewise adopted-New York and Kansas
being still divided-by the following vote:
Ays--Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island,Tennessee,Virginia-11.
Noes--Connecticut, Illinois, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont-8.
next moved the adoption of the third
section of his Committee's report; amended by the Convention
so as to read as follows:
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 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 for sale as merchandise, is prohibited.
This section was adopted by the following vote — New York and Kansas
not voting, because equally divided:
Ays--Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia-12.
Noes-Connecticut, Indiana, Iowa, Maine, Massachusetts, New Hampshire. Vermont--7.