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[240] days, and votes were taken upon several proposed amendments to the Constitution. These votes were by States, each State having one vote.1 Finally, on the twenty-second day of the session,
February 26, 1861.
David Dudley Field, of New York, moved to amend the majority report by striking out the seventh section and inserting the words: “No State shall withdraw from the Union without the consent of all the States convened, in pursuance of an act passed by two-thirds of each House of Congress.” This proposition was rejected by eleven States against ten.2

On the same day, Mr. Guthrie's majority report was taken up for final action, when Mr. Baldwin offered his proposition as a substitute, and it was rejected by a vote of thirteen States against eight.3 Mr. Seddon then offered his substitute. It was rejected by a vote of sixteen States against four.4 James B. Clay then offered as a substitute Mr. Crittenden's Compromise plan, “pure and undefiled, without the crossing of a 't' or the dotting of an ‘i.’ ” It was rejected by a vote of fourteen States against five.5 Mr. Tuck then offered his resolutions as a substitute, and they were rejected by a vote of eleven States against nine.6

When these substitutes were thus disposed of, Mr. Guthrie's report was taken up, considered by sections, and, after some modifications, was adopted. Then T. E. Franklin of Pennsylvania, moved, as the sense of the Convention, that the highest political duty of every citizen of the United States is his allegiance to the Federal Government, created I y the Constitution of the United States, and that. no State of this Union has any constitutional right to secede therefrom, or to absolve the citizens of such State from their allegiance to the Government of the United States. This was indefinitely postponed by a vote of ten States against seven. Mr. Seddon proposed as an amendment to the Constitution that the assent of the majority of the Senators from the Slaveholding States, and a like majority of Senators from nonslaveholding States, should be required to give validity to any act of the Senate; as also recognizing and legalizing State secession from the Union. This was laid on the table. Mr. Guthrie then offered a preamble to the propositions agreed to, which was adopted;7 and President Tyler was requested to present that plan of adjustment and pacification to the Congress,

The Union Generals.

1 The eighteenth rule for the action of the conference prescribed this, and added:--“The yeas and nays of the members shall not be given or published-only the decision by States.”

2 Ayes--Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hampshire, Vermont, Kansas--10. Noes--Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania. Rhode Island, Tennessee, Virginia--11.

3 Ayes--Connecticut, Illinois. Iowa, Maine, Massachusetts, New York, New Hampshire, Vermont--8. Noes--Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania Rhode Islaad, Tennessee, Virginia. Kansas--13.

4 The four States that voted for Seddon's resolution were Kentucky, Missouri, North Carolina, and Virginia.

5 The five that voted for it were Kentucky, Missouri, North Carolina, Tennessee. and Virginia.

6 Ayes--Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hampshire, and Vermont--9. Noes--Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia--11.

7 The following is Mr. Guthrie's plan, as adopted, with the preamble:--

To the Congress of the United States:--
The Convention assembled upon the invitation of the State of Virginia, to adjust the unhappy differences which now disturb the peace of the Union and threaten its continuance, make known to the Congress of the United States, that their body convened in the city of Washington on the 4th instant, and continued in session until the 27th.

There were in the body, when action was taken upon that which is here submitted, one hundred and thirty-three commissioners, representing the following States:--Maine, New Hampshire, Vermont, Massachu setts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois, Iowa, Kansas. They have approved what is herewith submitted, and respectfully request that your honorable body will submit it to conventions in the States, as an article of amendment to the Constitution of the United States.


Proposed Article of amendment.

§ 1. In all the present territory of the United States north of the parallel of 36° 30‘ 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 shall 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.--[Adopted by a vote of nine States against eight.]

§ 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.--[Adopted by a vote of eleven States against eight.]

§ 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, teaching 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 and 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 or shores, and landings, and of landing in case of distress, exists; 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 afterward transferred to other places for sale, as merchandise, is prohibited.-Adopted by a vote of twelve States against seven.]

§ 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.--[Adopted by a vote of fifteen States against four.]

§ 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 from beyond the limits thereof.--[Adopted by a vote of sixteen States against five.]

§ 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.--[Adopted by a vote of eleven States against nine.]

§ 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.

--[Adopted by a vote of twelve States against ten.]


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