urity for the
rights of the South, but takes away what little they have, I should be
a traitor if I would recommend it as an amendment to the Constitution
of the United States.

Now, sir, let us look at it. It is presented as an entire article, to
be the thirteenth article, if adopted, of the Constitution. The first
section of it relates to the Territories--the great and difficult
point of division between the two sections. If that could be
overcome--if these rights that are spoken of in the resolutions of
Virginia in the Territories could be guaranteed by adequate securities
to the slaveholding States--I believe the rest of the path would be
smooth. It embraces almost the whole controversy. What securities are
provided in the Territories to the slaveholding States by this first
section of the thirteenth article? It proposes to divide the present
Territories--for it is confined to them--by an east and west line, a
parallel of latitude. North of that line, there is a clear cut
entirely, unsusceptible of misinterpretation. None can doubt what the
condition of servitude is north of that line. It is a clear cut; it is
prohibited, and prohibited forever. No interpretation can mistake it;
no casuist can doubt upon it; it is a work well done. North of that
line involuntary servitude, except for crime, is prohibited. How is it
south? My honorable colleague, I think, has well said that, south of
that line, for our rights, at best we are remitted to a lawsuit. I
will read the language:

"Nor shall any law be passed by Congress or the Territorial
Legislature to hinder or prevent the taking of such
persons--"

That is, persons held to service--

"from any of the States of this Union to said Territories,
nor to impair the rights arising from said relation."

Neither Congress nor the Territorial Legislature has power to
interfere with the rights arising from the relation of master and
servant, or master and slave. That is the meaning; that is clear. What
next?

"But the same--"

The rights resulting from the relation of master and slave--

"shall be subject to judicial cognizance in the Federal
courts, according to the course of the common law."

There is the security for the rights of the South. South of that line
they are remitted to the courts under the common law. Now, sir, let us
examine that. By this section, if it is adopted as an article of the
Constitution, the common law,