g at ports,
shores, and landings, and of landing in case of distress; reserving,
however, to the States and Territories the power to prohibit the
transit of slaves and the sale or traffic therein. Thus the
transportation of slaves would be a right as broad as the limits of
the republic, unless it should be restrained by the laws of individual
States, which acts might readily be regarded as a breach of comity.
The fourth section of the article gives to the States the power of
concurrent legislation with the United States for the rendition of
fugitive slaves, thus introducing a new topic of agitation into every
State, without in any degree relieving Congress of its duty in this
particular.
The fifth section prohibits the foreign slave-trade, and makes it the
duty of Congress to pass laws to prevent the importation of slaves,
coolies, or persons held to service or labor. As Congress has already,
by the Constitution, full power to regulate the migration or
importation of persons from other countries, there is no reason for
such constitutional provisions upon the subject. It alone remains to
enact proper laws and secure their faithful and prompt execution.
The sixth section declares that certain sections of the proposed
article of amendment, and certain provisions of the Constitution
relating to slavery, shall not be amended or abolished without the
consent of all the States.
The undersigned, being of opinion that no such stipulation ought to be
made, and that if made, it would not be binding upon the country, did
not hesitate to give the vote of the State against the proposition.
The seventh and last section of the proposed article of amendment is
in the following words:
"Congress shall provide by law that the United States shall
pay to the owner the full value of his fugitive from labor,
in all cases where the marshal, or other officer, whose duty
it was to arrest such fugitive, was prevented from so doing
by violence or intimidation from mobs or riotous assemblies,
or when, after arrest, such fugitive was rescued by like
violence or intimidation, and the owner thereby deprived of
the same; and the acceptance of such payment shall preclude
the owner from further claim of such fugitive. Congress
shall provide by law for securing to the citizens of each
State the privileges and immunities of citizens of the
several States."
In a Convention duly call
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