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Document introduced in:

Session 13851: 1861-03-02 00:00:00

The Senate, as in Committee of the Whole, takes up H. Res. 80.

Document View (with components):

H. Res. 80

Shown with amendment 'None' (e861733)

There are 2 proposed amendments related to this document on which decisions have not been taken.

Joint Resolution to amend the Constitution of the United States.

Be it resolved by the Senate and House of Representa-tives of the United States of America in Congress assembled, two-thirds of both houses concurring. That the following arti-cle be proposed to the legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid, to all intents and purposes, as part of the said Constitution,

viz:

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Article I. [+e861375]

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In all the territory of the United States now held or hereafter acquired, situate north of latitude 36° 30', slavery or involuntary servitude, except as a punishment for crime, is prohibited, while such territory shall remain under territorial government. In all the territory now held or hereafter acquired, south of said line of latitude, slavery of the African race is hereby recognized as existing, and shall not be interfered with by Congress; but shall be protected as property by all the departments of the territorial government during its continuance; and when any Territory, north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then Federal ratio of representation of the people of the United States, 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 slavery, as the constitution of such new State may provide. [+e861375]

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Article II. [+e861375]

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Congress shall have no power to abolish slavery in places under its exclusive jurisdiction and situate within the limits of States that permit the holding of slaves. [+e861375]

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Article [+e861375]ARTICLE X[-e861375]III.[+e861375]

Congress shall have no power to abolish slavery within the District of Columbia so long as it exists in the adjoining States of Virginia and Maryland, or either, nor without the consent of the inhabitants, nor without just comp[+e861375]No am[-e861375]ensation first ma[+e861375]de to such owners of slaves as do not consent to such abolish[+e861375]ment. Nor[+e861375] shall Congress at any time prohi[+e861375]bit officers of th[+e861375]e Federal Govern[+e861375]ment, or members of Congress, whose duties require them to be in s[+e861375]ai[+e861375]d District, from bringing with th[+e861375]em[+e861375] their slaves, and h[+e861375]olding[+e861375] them as such, dining the time their duties may require them to remain there, and afterwards taking them from the District. [+e861375]

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Article IV.[+e861375] [+e861375]

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Congress [+e861375]shall have no power [+e861375]to prohib[+e861375]it, or hinder the transportation of slaves from one State to another, or to a Territory i[+e861375]utio[-e861375]n which slaves are by la[+e861375]w perm[+e861375]itted to be he[+e861375]ld, whether that transportation be by [+e861375]land,[+e861375] n[+e861375]avigable rivers, or by the sea. B[+e861375]ut [+e861375]the African slave trade shall be f[+e861375]orever suppressed, and it shall be the duty of Congress to make such laws as shall be necessary and effectual, to prevent the migration or importation of sla[+e861375]ize or gi[-e861375]ves, or persons[+e861375] owing service or labor, in[+e861375]to the United States from any foreign country, place, or jurisdiction whatever. [+e861375]

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SE[+e861375]C. 2. That pers[+e861375]ons committin[+e861375]g c[+e861375]rim[+e861375]es against the rights of those who hold p[+e861375]s pow[-e861375]ersons[+e861375] to service or l[+e861375]abor in one State, and f[+e861375]lee[+e861375]ing to another, [+e861375]shall[+e861375] be delivered up in the same manner as pers[+e861375]ons committing othe[+e861375]r cr[+e861375]imes; a[+e861375]nd [+e861375]that th[+e861375]e laws of the States f[+e861375]rom which such persons [+e861375]fle[+e861375]e shall be the test of c[+e861375]riminality. [+e861375]

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SEC. 3. Congress shall pass effici[+e861375]ent laws for the punishment of all persons in any of the States[+e861375], who shall [+e861375]in any manner aid and abet invasion or insurrection in any o[+e861375]ther State, or comm[+e861375]it a[+e861375]ny other act tending to disturb the tranquillity of its people, or government of[+e861375] any other [+e861375]State. [+e861375]

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ARTICLE V. [+e861375]

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That[+e861375], in addition to the provisions of the third paragraph of the second section of the fourth article of the Constitution of the United States, Congress shall have po[+e861375]wer to provide by law, and [+e861375]it s[+e861375]hall be its duty so to provide, that[+e861375] the Unite[+e861375]d States shall pay t[+e861375]o the owners who shall apply for it, the full value of his fugitive slave, in all cases when the [+e861375]marshal, or other officer, whose duty it was to arr[+e861375]est said fugitive, was prevented from so do[+e861375]ing by violen[+e861375]ce or[+e861375] intimidation, or when, after arre[+e861375]st, said fug[+e861375]itive was resc[+e861375]ued by force, and [+e861375]the owner thereby prevented and obstructed [+e861375]in the pursuit [+e861375]of his remedy for the recovery of his fugitive slave, u[+e861375]nder the [+e861375]said clause of the Constitution and the laws made in pursuance[+e861375] thereof. And in all such cases[+e861375], when the United States shall pay for such fugitive, they shall have the power to reimburse themselves by impos[+e861375]ing and [+e861375]col[+e861375]lecting a tax on the co[+e861375]unty or city in which sai[+e861375]d violence, [+e861375]intimidation, or rescue was committed, equal in amount to 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 wron[+e861375]g-doers or rescuers, by whom[+e861375] the owner w[+e861375]as preven[+e861375]ted from the recovery[+e861375] of his fugitive slave, in like manner as the owner himself might have sued and recovered. [+e861375]

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ARTICLE VI. [+e861375]

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No future amendment of the Constitution shall affect the five [+e861375]pr[+e861375]eceding a[+e861375]rticle[+e861375]s, nor the third paragraph of the sec[+e861375]ond [+e861375]section of[+e861375] t[+e861375]he first artic[+e861375]le of the Constitution, nor the thir[+e861375]d paragraph of [+e861375]the sec[+e861375]ond section of the fourth[+e861375] artic[+e861375]le of s[+e861375]aid Constitution; and no amendment shall [+e861375]be made to the Constitution which will auth[+e861375]orize[+e861375] or give to Congre[+e861375]ss any pow[+e861375]er to abolish or interfere with slavery in any of th[+e861375]vic[-e861375]e States [+e861375]by whos[+e861375]th[-e861375]e laws it is or may be allowed or permitted. [+e861375]

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ARTICLE VII. [+e861375]

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SEC. 1. The elective franchise and the right to hol[+e861375]of sai[-e861375]d office, whether Federal, [+e861375]State, territorial, or municipal, shall not be exercised by persons who are,[+e861375] [+e861385]

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SEC. 2. [+e861385]Under this Constitution, as originally adopted, and as it now exists, no State has[+e861705]No State or any part thereof, heretofore admitted or hereafter to be admitted into the Union, shall have[+e861385 -e861705] power to withdraw from the jurisdiction of the United States; [+e861385]but[+e861705]and[+e861385 -e861705] this Constitution, and all laws passed in pursuance of its delegated powers, [+e861385]ar[+e861705]shall b[+e861385 -e861705]e the supreme law of the land[+e861385] therein[+e861385 -e861705], anything contained in any constitution[+e861385], act[+e861385 -e861705], or[+e861385] or[+e861385 -e861705]dinance[+e861385], or act[+e861705] of any S[+e861385]ui[+e861385 -e861705]t[+e861385]e Legisl[+e861385 -e861705]at[+e861385]e,[+e861705]ure or convention[+e861385 -e861705] to the contrary notwithstanding. [+e861385] in whole or in part, of the African race[+e861375]. [+e861375]

Decisions yet to be taken

  • Motion for the Senate to Take a Recess (introduced on 1861-03-03 07:00:00 - PROCEDURE - e861417)
  • Motion for the Yeas and Nays on Motion to Lay H. Res. 80 on the Table (introduced on 1861-03-03 07:00:00 - PROCEDURE - e862132)

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