"to Congress power to regulate, abolish, or control, within any State, the relations established or recognized by the laws thereof, touching persons held to service or labor therein."
Section 4. Congress shall have no power to discharge any person held to service or labor in the District of Columbia, under the laws thereof, from such service or labor, or to impair any rights pertaining to that relation, under the laws now in force within the said District, while such relations shall exist in the State of Maryland, without the consent of said State, and of those to whom the service or labor is due, or making them just compensation therefor; nor the power to prohibit or interfere with members of Congress and officers of the Federal Government whose duties require them to be in said District, from bringing with them, for personal service only, retaining, and taking away persons so held to service or labor, nor the power to impair or abolish the relations of persons owing service or labor in places under the exclusive jurisdiction of the United States, within those States and Territories where such relations are established or recognized by law.
Section 5. Congress shall have no power to prohibit the removal or transportation of persons held to service or labor in any State or Territory of the United States to any State or Territory thereof where the same obligation or liability to labor or service is established or recognized by law; and the right during such transportation, by sea or river, of touching at ports, shores, or landings, and of landing in case of distress, shall exist; nor shall the Congress have power to authorize any higher rate of taxation on persons held to service or labor than on land.
Although it may not be strictly in order, yet, as a part of my plan, I wish to bring forward a substitute which I shall offer to the seventh section of the committee's article, which, if adopted, should be numbered
Section 9. Congress shall provide by law, that in all cases where the Marshal, or other officer whose duty it shall be to arrest any fugitive from service or labor, shall be prevented from so doing by violence of a mob or riotous assemblage; or where, after such arrest, such fugitive shall be rescued by like violence, and the party to whom such service or labor is due shall thereby be deprived of the same, the United States shall pay to such party the full value of such service or labor.
I offer these in separate sections, in order not only that the vote may be taken upon each one separately here, but also when the same questions come before the people. The first section of my amendment, as I understand from every quarter, sets all opposition at rest; all are willing to agree to it. This may be adopted and the others rejected, which could not be done if the original section was adopted. The other sections conform to the language of our present Constitution, and for that reason I think they will meet with more favor. Each subject is thus made to stand on its own merits.
The PRESIDENT:—The question will be taken upon each section of the substitute proposed.
Mr. JAMES:—I propose the following as a substitute for the first section of the amendment offered by Mr. Hitchcock. It is, I believe, the same as that proposed in Congress by the Committee of Thirteen. I understand, also, that the Committee of the House of Representatives are about to substitute it for what is known as the Adams Proposition. We all have the same purpose in view, to negative in express terms the right of Congress to interfere with the institution of slavery within the States. I present the amendment because I think it expresses the purpose in better language.
Section 1. No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
Mr. CHASE:—This amendment would be limited in its application to the States. Congress would still have power in this respect over Territories.