amendments to the last report of the Committee on Federal Relations, presented by Mr. wise, March 29th, 1861.
- Amendment 1st.--Amend by striking out the 1st and 2d sections of the report, and inserting: In all the present territory of the United States, involuntary servitude, as it now exists, hall remain and shall not be changed; nor shall any law be passed by Congress or the Territorial Legislatures to hinder or prevent the taking of persons held to service or labor from any of the States of this Union to said Territory; nor to impair the rights arising from said relation: nor shall said rights be in any manner affected by any pre-existing law of Mexico in the part acquired from her; but the same shall be protected as other rights, and be subject to judicial cognizance in the Federal Courts according to existing laws, and to the remedies and practice of the common law, so far as they may be consistent with each other. --And when any Territory, 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 such Constitution of the State may provide. In all territory which may hereafter be acquired by the United States, involuntary servitude is prohibited — except for crime — north of thirty-six degrees thirty minutes; but shall not be prohibited by Congress, or any Territorial Legislature, south of that line.
- Amendment 2d.--Amend by striking out the 3d section and inserting: Neither the Constitution, nor any amendment thereof, shall be construed to give Congress power to abolish involuntary servitude in any Territory; nor in the District of Columbia; nor in the sites of forts, magazines, arsenals, or other places ceded by the States to the Federal Government, within the limits of those States where involuntary servitude is established or recognized; nor within any forts, magazines, arsenals, or other places reserved within the limits of any Territory for the uses of the Government of the United States; but Congress shall pass all laws necessary and proper to protect the property in persons held to service or labor in said Territory, District, or other places ceded or reserved to the United States. Nor shall any law be passed by Congress to hinder or prevent the taking of persons held to service or labor to or from the District of Columbia, or to hinder or prevent the retaining of the same within the limits thereof. Nor shall Congress have the power to prohibit the removal or transportation, by land or water, of persons held to service or labor 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 owner of property in persons held to service or labor, or his agent, shall have the right of transit through any State or Territory of the United States with such property and persons, to and from any State or Territory recognizing said property by law or usage, and the right during transportation, by sea or river, of touching at ports, shores and landings, and of landing and sojourning with said property, in cases of need, temporarily, any law of any State or Territory to the contrary notwithstanding.--And Congress shall not have the power to lay on persons held to service or labor in any of the States or Territories of the United States any other tax than a capitation tax, to be apportioned as capitation or other direct taxes are directed to be apportioned throughout the United States according to the fourth clause of section nine of article first of the Constitution of the United States.
- Amendment 3.--Amend, &c., by inserting after the 3d section of the report: Sec. 3. In all cases where the property in persons held to service or labor in any State or Territory of the United States, or in the District of Columbia, has been or hereafter may be taken for public use, as in cases of impressment in war or otherwise, the owner thereof shall be justly compensated as in cases of other property so taken; and in all cases involving questions of property in said persons, the rights of property in them shall be recognized and protected by the United States and their authorities as the rights of other property are recognized and protected.
- Amendment 4.--Amend the 4th section of the report by adding thereto these words: And it shall be the duty of all the States to pass all laws necessary and proper to aid, by their authorities, judicial and ministerial, in the execution of the laws passed by Congress for the delivery of fugitives from service or labor to the person to whom such service or labor is due.--And in case the owner, or his agent, of the person held to service or labor, shall be unlawfully deprived of his property in such person by force or violence, by mobs or riotous assemblages, or by secret associations or conspiracies, in the limits of any State, such State shall make just compensation therefore, and it shall be the duty of Congress to provide by law for the enforcement of such compensation.
- Amendment 5.--Amend the 5th section by adding these words: Provided, That nothing herein contained shall be deemed to apply to the Southern States which have declared, or may hereafter declare, their separation from this Confederacy, in case their separate independence shall be acknowledged and continued.
- Amendment 6.--Amend by striking out the 6th section of the report.
- Amendment 7.--Amend section 7th of the report by adding thereto the words: And no person of the African race shall be deemed and held entitled, under the Constitution of the United States, to the privileges and immunities of citizens in the several States. And the several States are prohibited from passing any laws establishing equality of the African with the white race within their limits.
- Amendment 8.--After section 7 insert: Sec. 8. The second clause of the second section of the second article of the Constitution of the United States shall be so amended as to take from the President of the United States the power of nominating and appointing the judges of the Supreme and other Federal Courts of the United States, and their nomination and appointment shall be vested in the Senate of the United States alone; and three-fourths of the whole number of Senators shall be required to confirm the appointments.
- Amendment 9.--Amend by inserting after the last amendment proposed: Sec. 9. It shall be the duty of the several States, and of the Congress of the United States, within their respective jurisdictions, to pass all laws necessary and proper to protect and preserve the domestic tranquility of the people of the several States, by suppressing all attempts of individual persons, or of assemblages or associations, to excite any portion of the people of the States to acts which will cause, or tend to cause, animosity or hostility between the various sections, or any invasions of any of the States or Territories of the United States, or which will introduce or invite foreign influence to divide the Union, or which may tend to destroy the same.
- Amendment 10.--Amend by changing section 8th of the report to section 10. And it is hereby Ordained and Declared by this Convention, That the foregoing propositions of adjustment shall be submitted to the people of this Commonwealth for their approval or disapproval, at their elections, to be held next May. And that it shall also be submitted to them, at said elections, to decide whether, when said propositions in case of their approval by the people of this Commonwealth, shall be made to the co-States, they will not accept the same, or will not respond thereto in a reasonable time, or satisfactory manner, the people of this Commonwealth will or will not resume the powers granted by them under the Constitution of the United States. And, do that end, it is further ordained, that it shall be the duty of the officers conducting the election to be held for members of the General Assembly, in May next, to prepare proper poll books, the form of which shall be prescribed, and distributed throughout the Commonwealth by the secretary thereof, and to see that a poll shall be opened at the several places of voting in every county; and the said poll-book shall have four columns--one to be headed ‘"propositions approved,"’ another to be headed ‘"propositions disapproved;"’ a third to be headed ‘"for resumption of powers,"’ and a fourth to be headed ‘"against resumption of powers."’ --And it shall be the duty of said officers conducting the election, to cause the names of the qualified voters, voting at their respective precincts for members of the General Assembly, to be recorded for or against the said propositions of adjustment, and for or against the said alternatives of resuming or not resuming the powers granted by the people of this Commonwealth, under the Constitution of the U. States, in case of the rejection of said propositions, or failure to answer them satisfactorily, or at all, by the co-States, under the respective heading, according to the vote of each voter. And said poll-books shall be certified and returned by said officers within five days after the election, to the clerk of the county or corporation Court, as the case may be, where the election is held. And it shall be the duty of the respective clerks to certify the result of the vote to the Governor of the Commonwealth, under their seals of office, within five days after the said poll-books shall have been returned to them by the officers conducting the elections. And the Governor and Secretary of the Commonwealth shall compare and count the said polls, and ascertain the result of the vote of the people of the Commonwealth; and the Governor shall make the same known by proclamation; and he shall communicate the result to the President of this Convention, who shall immediately assemble the members thereof, if not in session; and if said propositions be approved by the people, or whether approved or not by the people, they shall adopt the alternative of resuming the powers granted by them under the Constitution, then this Convention shall proceed to act accordingly. And in case both the ‘"propositions"’ and ‘"resumption" ’ are adopted by the people, this Convention shall await responses to the former, by the co-States, until the 1st day of October next; if the responses are satisfactory, they shall be accepted; if not, or insufficient responses or no responses at all are made, then the alternative of ‘"resumption"’ shall be ordained by this Convention, and be made the supreme law of the Commonwealth; or, if the said propositions shall be rejected by the voters, and the alternative of resumption be adopted by them, then this Convention shall proceed immediately to ordain and proclaim that the people of this Commonwealth will resume the powers granted by them under the Constitution of the United States.
