small part of the grant lies north of
the line. It is better to include the whole.

Mr. BACKUS:--I move to amend the amendment proposed by the gentleman
from Virginia, by substituting the word "excluding" for the word
"including," and on my motion ask a vote by States.

Mr. RUFFIN:--I think the gentleman does not understand the effect of
his amendment.

Mr. BACKUS:--I do not think we ought to regard the Cherokee grant at
all.

Mr. FRANKLIN:--I think both the amendments important.

Mr. SEDDON:--We must recognize the Cherokee Territory, and not divide
it. Upon mature reflection, I think the amendment is important.

The vote was taken upon the motion of Mr. BACKUS, and resulted as
follows:

AYES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, New York, New Hampshire, Ohio, Pennsylvania,
and Vermont--11.

NOES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Rhode Island, Tennessee, and Virginia--9.

The PRESIDENT:--The question is now upon the amendment offered by the
gentleman from Virginia, as amended by the Conference.

Mr. GUTHRIE:--I hope the amendment will not be adopted. It is not
necessary to the sense of the article. It is cumulative in its effect.
We have expressly excluded the Cherokee grant, lest we might seem to
overrule the Cherokee treaty by a provision of the Constitution.

The vote was taken by States, on the adoption of the amendment
proposed by Mr. SEDDON, as amended, with the following result:

AYES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, New York, New Hampshire, Ohio, and
Vermont--10.

NOES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Pennsylvania, Rhode Island, Tennessee, and
Virginia--10.

Thus the amendment was lost.

Mr. PRATT:--I wish to enter my dissent from the vote of Connecticut.

Mr. FRANKLIN:--I now offer as a substitute for the first section, as
reported, the following:

Strike out after the words "United States," in the first
line, and insert as follows:

"Not embraced by the Cherokee treaty, north of the parallel
of 36 deg. 30' of north latitude, involuntary servitude, except
in punishment of crime, is prohibited. In all the present
territory south of that line, the _status_ of persons held
to service or labor, as it now exists, shall not be changed;
nor shall any law be passed to hinder o