FOURTH PROPOSITION. AMENDMENT OF FUGITIVE SLAVE LAW.

pro

States Court for said State from which said fugitive was alleged to have escaped, which certificate shall be filed in the office of the United States District Court for the State or district in which said alleged fugitive was seized, within sixty days from the date of the arrest of said fugitive; and should said marshal fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of $1,000 and imprisoned for six months, and until his said fine is paid.

SEC. 2. And be it further enacted, That no citizen of any State shall be compelled to aid the marshal or owner of any fugitive in the capture or detention of such fugitive, unless when force is employed or reasonably apprehended to prevent such capture or detention, too powerful to be resisted by the marshal or owner; and the fees of the commissioners appointed under the act of 18th of September, 1850, shall be ten dollars for every case heard and determined by such commissioner.

Which was passed, yeas 92, nays 83, as follows:

Delano, Dimmick, Dunn, Edwards, Ely, Ferry, Fouke,
ling, Corwin, Covode, H. Winter Davis, John G. Davis,
French, Gurley, Hale, Hall, J. Morrison Harris, Hatton,
Helmick, Hoard, William Howard, William A. Howard,
Humphrey, Junkin, Francis W. Kellogg, William Kellogg,
Kenyon, Kilgore, Killinger, Lee, Longnecker, Loomis,
Marston, Chas. D. Martin, McClernand, McKean, Mc Kenty,
Joy Morris, Isaac N. Morris, Nixon, Olin, Palmer, Perry,
McKnight, McPherson, Millward, Moorhead, Morrill, Edw.
Pettit, Porter, Pottle, John H. Reynolds, Rice, Riggs,
Christopher Robinson, James C. Robinson, Scranton, Sickles,
Spaulding, Spinner, Stanton, Stratton, Thayer, Theaker,
Tompkins, Train, Trimble, Walton, Windom, Wood, Wood-
ruff-92.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person arrested under the laws of Congress for the delivery up of fugitives from labor shall be produced before a court, judge, or commissioner, mentioned in the law approved the 18th of September, 1850, for the State or Territory wherein the arrest may be made; and upon such production of the person, together with the proofs mentioned in the sixth or the tenth section of the said act, such court, judge, or commissioner, shall ceed to hear and consider the same publicly; and if such court, judge, or commissioner, is of opinion that the person arrested owes labor or service to the claimant according to the laws of any other State, Territory, or District of Columbia, and escaped therefrom, the court, judge, or commissioner shall make out and deliver to the claimant, or his agent, a certificate stating those facts; and if the said fugitive shall, upon the decision of the court, judge, or commissioner being made known to him, aver that he is free, and does YEAS-Messrs. Green Adams, Adrain, Aldrich, William not owe service or labor according to the law Burch, Burlingame, Burnham, Butterfield, Campbell, CarC. Anderson, Babbitt, Barr, Blair, Brayton, Briggs, Bristow, of the State or Territory to which he is to be re-ter, Case, Clemens, Coburn, John Cochrane, Colfax, Conkturned, such averment shall be entered upon the certificate, and the fugitive shall be delivered by the court, judge, or commissioner to the marshal, to be by him taken and delivered to the marshal of the United States for the State or district from which the fugitive is ascertained to have fled, who shall produce said fugitive before one of the judges of the Circuit Court of the United States for the last mentioned State or district, whose duty it shall be, if said alleged fugitive shall persist in his averment, forthwith, or at the next term of the Circuit Court, to cause a jury to be impanelled and sworn to try the issue whether such fugitive owes labor or service to the person by or on behalf of whom he is claimed, and a true verdict to give according to the evidence, on which trial the fugitive shall be entitled to the aid of counsel and to process for procuring evidence at the cost of the United States; and upon such finding the judge shall render judgment, and cause said fugitive to be delivered to the claimant, or returned to the place where he was arrested, at the expense of the United States, according to the finding of the jury; and if the judge or court be not satisfied with the verdict, he may cause another jury to be impanelled forthwith, whose verdict shall be final. And it shall be the duty of said marshal so delivering said alleged fugitive, to take from the marshal of the State from which said fugitive is alleged to have escaped, a certificate acknowledging that said alleged fugitive had been delivered to him, giving a minute description of said alleged fugitive, which certificate shall be authenticated by the United States district judge, or a commissioner of a United

NAYS-Messrs. Ashley, Avery, Barrett, Beale, Bingham, Blake, Bocock, Boteler, Bouligny,, Brabson, Branch, Brown, Buffinton, Burnett, Carey, Horace F. Clark, John B. Clark, Conway, Burton Craige, Dawes, Duell, Edgerton, Edmundson, Eliot, Farnsworth, Fenton, Florence, Foster, Frank, Garnett, Gilmer, Gooch, Grow, John T. Harris, Hickman, Hindman, Hughes, Hutchins, Irvine, Jenkins, Kunkel, De Witt C. Leach, James M. Leach, Leake, Lovejoy, Maclay, Mallory, Elbert S. Martin, Maynard, Millson, Laban T. Moore, Nelson, Niblack, Noell, Pendleton, Peyton, Phelps, Somes, Stevens, Stevenson, Stokes, Tappan, Thomas, VallanPotter, Quarles, Reagan, Royce, Ruffin, Sedgwick, Simms, digham, Vance, Van Wyck, Wade, Waldron, Cadwalader C. Washburn, Ellihu B. Washburne, Wells, Whiteley, Wilson, Winslow, Woodson, Wright-83.

FIFTH PROPOSITION.

AMENDMENT OF THE ACT FOR THE RENDITION

OF FUGITIVES FROM JUSTICE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person charged, by indictment or other satisfactory evidence, in any State, with treason felony, or other crime, committed within the jurisdiction of such State, who shall flee or shall have fled from justice and be found ir another State, shall, on demand of the executive authority of the State from which he fled upon the district judge of the United States of the district in which he may be found, be arrested and brought before such judge, who, on being satisfied that he is the person charged, and that he was within the

jurisdiction of such State at the time such | ton, Edmundson, Edwards, Eliot, Ely, English, Farnsworth, crime was committed, of which such charge shall be prima facie evidence, shall deliver him up to be removed to the State having jurisdiction of the crime; and if any question of law shall arise during such examination, it may be taken on exceptions by writ of error to the Circuit Court.

to authorize and empower Congress to pass | Conway, Corwin, Covode, H. Winter Davis. Dawes, Delano, laws necessary to secure the return of per- Farnsworth, Fenton, Ferry, Foster, Frank, French, Gooch, Duell, Dunu, Edgerton, Edwards, Eliot, Ely, Etheridge, sons held to service or labor under the laws Graham, Grow, Hale, Hall, Helmick, Hickman, Hindman, of any State, who may have escaped there- Hoard, William A. Howard, Humphrey, Hutchins, Irvine, Junkin, Francis W. Kellogg, William Kellogg, Kenyon, from, to the party to whom such service or Kilgore, Killinger, De Witt C. Leach, Lee, Longnecker, labor may be due. Loomis, Lovejoy, Marston, McKean, McKnight, McPherson, Moorhead, Morrill, Morse, Nixon, Olin, Palmer, Perry, Pettit, Porter, Potter, Pottle, Edwin R. Reynolds, Rice, Christopher Robinson, Royce, Scranton, Sedgwick, SherStewart, Stratton, Tappan, Thayer, Theaker, Tompkins, man, Somes, Spaulding, Spinner, Stanton, Stevens, William Train, Trimble, Vandever, Van Wyck, Verree, Wade, Waldron, Walton, Cadwalader C. Washburn, Ellihu B. Washburne, Wells, Wilson, Windom, Wood, and Woodruff-113. Votes in the Senate.

ART. 16. The migration or importation of persons held to service or involuntary servitude, into any State, Territory, or place within the United States, from any place or country beyond the limits of the United States or Territories thereof, is forever prohibited.

ART. 17. No territory beyond the present limits of the United States and the Territories thereof shall be annexed to, or acquired by the United States, unless by treaty, which treaty shall be ratified by a vote of twothirds of the Senate.

During the pendency, in the Senate, of the Constitutional amendment reported from the House Committee of Thirty-three, and adopted by the House, Mr. PUGH, of Ohio, offered a substitute, which was the same as Mr. Crittenden's* (as amended by Mr. Powell) with the omission of the preamble and four resolutions, and the addition of the fol

This was disagreed to-yeas 33, nays 158. The YEAS were-Messrs. Adrain, Barr, Briggs, Burch, Horace P. Clark, John Cochrane, Cox, John G. Davis, Eng-lowing at the close of Article 4: lish, Etheridge, Fouke, Gilmer, J. Morrison Harris, Holman, But the African slave trade shall be forWilliam Howard, Junkin, William Kellogg, Larrabee, Logan, Charles D. Martin, McClernand, Mc Kenty, Mont-ever suppressed, and it shall be the duty of gomery, Isaac N. Morris, Nelson, Niblack, Riggs, James C. Congress to make such laws as shall be neRobinson, Sickles, Stokes, Stout, Vallandigham, Webster -33. cessary and effectual, to prevent the migration and importation of slaves, or persons owing service or labor into the United States from any foreign country, place, or jurisdiction whatever.

MR. CLEMENS'S RESOLUTION.

Mr. SHERRARD CLEMENS of Virginia, then offered a substitute for it, being Mr. Crittenden's proposition as amended on motion of Mr. Powell, with these additions:

ART. 7. Section 1. The elective franchise and the right to hold office, whether Federal, State, Territorial, or Municipal, shall not be exercised by persons who are, in whole or in part, of the African race.

Section 2. The United States shall have power to acquire, from time to time, districts of country in Africa and South America, for the colonization, at the expense of the Federal Treasury, of such free negroes and mulattoes as the several States may wish to have removed from their limits, and from the District of Columbia, and such other places as may be under the jurisdiction of Congress. And the substitution of the words: "the Southern boundary of Kansas and the Northern boundary of New Mexico," for the words: "latitude 36° 30'," in the first sen

tence of Article 1.

Which was negatived, yeas 80, nays 113, as follows:

YEAS-Messrs. Adrain, William C. Anderson, Avery,

Barr, Barret, Bocock, Boteler, Bouligny, Brabson, Branch,
Briggs, Bristow, Brown, Burch, Burnett, Horace F. Clark,
John B. Clark, John Cochrane, Cox, James Craig, Burton
Craige, John G. Davis, De Jarnette, Dimmick, Edmundson,
English, Florence, Puke, Garnett, Gilmer, Hamilton, J.
Morrison Harris, John T. Harris, latton, Holman, Wm.
Hverd, Hughes, Jenkins, Kunkel, Larrabee, James M.
Leach. Lenke, Logan, Maclay, Mallory, Charles D. Martin,
Ellert S. Martin, Maynard, McClernard, Mc Kenty, Millson,
Montgomery, Labin T. Moore, Isaac N. Morris, Nelson,
Nushik, Noell, Peyton, Phelps, Pryor, Quarles, Riggs, Jas.
C. Robinson, Rust, Sickles, Simms, William Smith, William
N. H. Smith, Stevenson, James A. Stewart, Stokes, Stout,
Thomas, Vallandigham, Vance, Webster, Whiteley, Winslow,
Woodson, and Wright-80.

NAYS-Messrs. Charles F. Adams, Aldrich, Alley, Ashley,
Babbitt, Beale, Bingham, Blair, Blake, Brayton, Buffinton,
Burlingame, Burnham, Butterfield, Campbell, Carey, Car-
ter, Case, Coburn, Clark B. Cochrane, Colfax, Conkling,

Section 2. That persons committing crimes against the rights of those who hold persons to service or labor in one State, and fleeing to another, shall be delivered up in the same manner as persons committing other crimes; and that the laws of the States from which such persons flee shall be the test of criminality.

Section 3. Congress shall pass efficient laws for the punishment of all persons in any of the States, who shall in any manner aid and abet invasion or insurrection in any other State, or commit any other act tending to disturb the tranquillity of its people, or government of any other State.

And the insertion of a new article: ART. 7. Section 1. The elective franchise and the right to hold office, whether Federal, State, Territorial, or Municipal, shall not be exercised by persons who are, in whole or in part, of the African race.

MR. DOOLITTLE'S ON THE RIGHT OF SECESSION. Mr. DOOLITTLE, of Wisconsin, offered as a substitute for the above the following:

"Under this Constitution, as originally adopted, and as it now exists, no State has power to withdraw from the jurisdiction of the United States; but this Constitution, and all laws passed in pursuance of its delegated powers, are the supreme law of the land, any thing contained in any constitu tion, ordinance, or act of any State, to the contrary notwithstanding."

March 2, 1861. This was rejected-yeas 18, nays 28, as follows:

* See page 64.

YEAS-Messrs. Bingham, Chandler, Clark, Collamer, Doolittle, Durkee, Fessenden, Foot, Grimes, Hale, Harlan, King, Morrill, Simmons, Trumbull, Wade, Wilkinson, and Wilson-18.

NAYS-Messrs. Anthony, Baker, Bayard, Bigler, Bragg, Bright, Cameron, Clingman, Crittenden, Dixon, Douglas, Foster, Gwin, Hemphill, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Powell, Pugh, Rice, Sebastian, Ten Eyck, and Wigfall-28.

VOTE ON MR. PUGH'S.

The substitute of Mr. PUGH was then rejected—yeas 14, nays 25, as follows:

YEAS-Messrs. Bayard, Bright, Gwin, Hunter, Johnson of Arkansas, Kennedy, Lane, Mason, Nicholson, Polk, Powell, Pugh, Thomson, and Wigfall-14.

NAYS-Messrs. Anthony, Baker, Bigler, Bingham, Chandler, Clark, Crittenden, Dixon, Doolittle, Douglas, Fessenden, Foot, Foster, Grimes, Harlan, Johnson of Tennessee, King, Latham, Morrill, Rice, Sebastian, Sumner, Ten Eyck, Wilkinson, and Wilson-25.

MR. BINGHAM'S PROPOSITION.

Mr. BINGHAM, of Michigan, offered the following substitute, which was rejected-yeas 13, nays 24, as follows:

Which was rejected-yeas 14, nays 25, as follows:

YEAS-Messrs. Bingham, Chandler, Clark, Doolittle, Fessenden, Foot, Grimes, King, Morrill, Pugh, Sumner, Trumbull, Wilkinson, and Wilson-14.

NAYS-Messrs. Anthony, Baker, Bright, Crittenden, Dixon, Douglas, Durkee, Foster, Gwin, Harlan, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Rice, Sebastian, Ten Eyck, Thomson, and Wade-24.

THE PEACE CONFERENCE.

The Peace Conference propositions offered by Mr. JOHNSON, of Arkansas, were then considered as a substitute, and rejected-yeas 3, nays 34.

The joint resolution of the House of Representatives was then passed.

NOTE. During the above votes, several Senators said in explanation of their nega tive votes upon propositions, that they had determined to vote against all substitutes for the House proposition, and for it, believing it to be the only measure practicable at so late a period in the session. Mr. DOUGLAS, of Illinois, and Mr. TEN EYCK, and others, made this statement.

Vote on the Crittenden Resolutions,
January 16, 1861.

"That the provisions of the Constitution are ample for the preservation of the Union, and the protection of all the material interests of the country: that it needs to be obeyed rather than amended; and that an extrication from our present dangers is to be looked for in strenuous efforts to preserve A JOINT RESOLUTION (S. NO. 50) PROPOSING CERTAIN AMENDthe peace, protect the public property, and enforce the laws, rather than in new guarantees for particular interests, compromises for particular difficulties, or concessions to unreasonable demands.

"Resolved, That all attempts to dissolve the present Union, or overthrow or abandon the present Constitution, with the hope or expectation of constructing a new one, are dangerous, illusory, and destructive; that in the opinion of the Senate of the United States no such reconstruction is practicable; and therefore, to the maintenance of the existing Union and Constitution should be directed all the energies of all the departments of the Government, and the efforts of all good citizens.

YEAS-Messrs. Bingham, Chandler, Clark, Doolittle, Durkee, Fessenden, Foot, King, Sumner, Trumbull, Wade, Wilkinson, and Wilson-13.

NAYS.-Messrs. Anthony, Baker, Bigler, Bright, Crittenden, Dixon, Douglas, Foster, Gwin, Harlan, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, Ten Eyck, and Thomson-24.

A CONVENTION.

Mr. GRIMES, of Iowa, offered the following substitute:

"The Legislatures of the States of Kentucky, New Jersey and Illinois, have applied to Congress to call a Convention for proposing amendments to the Constitution of the United States: therefore,

"Be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislatures of the other States be invited to take the subject of such a Convention into consideration, and to express their will on that subject to Congress, in pursuance of the fifth article of the Constitution."

MENTS TO THE CONSTITUTION OF THE UNITED STATES.
WHEREAS, serious and alarming dissensions have arisen

between the Northern and Southern States, concerning the
rights and security of the rights of the slaveholding States,
and especially their rights in the common territory of the
United States; and whereas it is eminently desirable and
proper that these dissensions, which now threaten the very
existence of this Union, should be permanently quieted
and settled by constitutional provisions, which shall do
equal justice to all sections, and thereby restore to the
people that peace and good-will which ought to prevail
between all the citizens of the United States: Therefore,

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (twothirds of both Houses concurring), That the following articles be, and are hereby, proposed and submitted as amend be valid to all intents and purposes, as part of said Conments to the Constitution of the United States, which shall stitution, when ratified by conventions of three-fourths of the several States:

ARTICLE 1. In all the territory of the United States now

held, or hereafter acquired, situato north of latitude 360 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 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.

ART. 2. 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.

ART. 3. 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 compensation first made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit officers of the Federal Government, or memDistrict, from bringing with them their slaves, and holding bers of Congress, whose duties require them to be in said them as such during the time their duties may require them to remain there, and afterwards taking them from

the District.

ART. 4 Congress shall have no power to prohibit or

YEAS-Messrs. Bayard, Bigler, Bragg, Bright, Clingman, Crittenden, Douglas, Pitch, Green, Gunn, Hemphill, Hunter, Jolinson of Arkansas, Johnson of Tennessee, Kennedy, MR. POWELL moved to amend by insert-Pugh, Rice, Saulsbury, Sebastian, and Slidell-27. Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell,