"Article XIII. That in all the territory now held by the United States situate north of latitude 36 30' Involuntary Servitude, except in the punishment for crime, is prohibited while such territory shall remain under a Territorial government; that in all the territory now held south of said line, neither Congress nor any Territorial Legislature shall hinder or prevent the emigration to said territory of Persons; held to Service from any State of this Union, when that relation exists by virtue of any law or usage of such State, while it shall remain in a Territorial condition; 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 may, if its form of government be Republican, be admitted into the Union on an equal footing with the original States, with or without the relation of Persons held to Service and Labor, as the Constitution of such new State may provide.
"Article XIV. That nothing in the Constitution of the United States, or any amendment thereto, shall be so construed as to authorize any Department of the Government to in any manner interfere with the relation of Persons held to Service in any State where that relation exists, nor in any manner to establish or sustain that relation in any State where it is prohibited by the Laws or Constitution of such State. And that this Article shall not be altered or amended without the consent of every State in the Union.
"Article XV. The third paragraph of the second section of the Fourth Article of the Constitution shall be taken and construed to authorize and empower Congress to pass laws necessary to secure the return of Persons held to Service or Labor under the laws of any State, who may have escaped therefrom, to the party to whom such Service or Labor may be due.
"Article XVI. 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.
"Article XVII. No territory beyond the present limits of the United States and the Territories thereof, shall be annexed to or be acquired by the United States, unless by treaty, which treaty shall be ratified by a vote of two-thirds of the Senate."
The Kellogg Proposition was defeated by 33 yeas to 158 nays.
The Clemens Substitute was next voted on. This embraced the whole of the Crittenden Compromise Proposition, as amended in the Senate by inserting the provision as to all territory "hereafter acquired," with the addition of another proposed Article of Amendment to the Constitution, as follows:
"Article VII. Section I. 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 II. The United States shall have power to acquire from time to time districts of country in Africa and South America, for the colonization, at 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."
The Clemens Substitute (or Crittenden Measure, with the addition of said proposed Article VII.), was defeated by 80 yeas to 113 nays, and then the Joint Resolution of the Select Committee as heretofore given—after a vain attempt to table it—was passed by 136 yeas to 53 nays.