t not for
traffic or sale."
Mr. TUCK:--I am in favor of the amendment proposed by the gentleman
from Pennsylvania. It is not proper or best to encumber these
propositions with amendments that are not necessary.
Mr. LOGAN:--Every State has the right to regulate transit within its
own limits to suit itself. The proposed amendment gives no rights
except such as are expressly named: "a right, during transportation,
of touching at the ports, and of landing in case of distress." The
right of the State to regulate transit is left unimpaired.
Mr. HOWARD:--There is one principle of law which will settle this
question at once: property that is held under State laws must be
transferred by the operation of State laws alone. Slaves are held and
transferred by the specific laws of the States in which they are held.
Mr. PALMER:--The right of sale cannot possibly arise out of the right
to touch during transportation at a port, or the right to land in case
of distress. I cannot see the slightest occasion or necessity for the
adoption of Mr. McCURDY'S amendment.
Mr. McCURDY'S amendment was rejected by the following vote:
AYES.--Maine, Vermont, Massachusetts, Connecticut, New York,
Indiana, and Iowa--7.
NOES.--New Hampshire, Rhode Island, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
Tennessee, Kentucky, Missouri, Ohio, Illinois, and
Kansas--14.
Mr. POLLOCK'S amendment was then adopted without a division.
Mr. VANDEVER:--I wish to propose an amendment by way of proviso:
"_Provided_ nothing herein contained shall be so construed
as to prevent any State from prohibiting the introduction as
merchandise of persons held to service or labor, or to
prevent such State from prohibiting the transit of persons
so held to service or labor through its limits."
Mr. FIELD:--This does not cover Mr. McCURDY'S proposition at all. Is
there any secret purpose here to bring into the Constitution a
provision which will permit the sale of slaves in free States? If
there is not, why not say plainly that the States shall have the
exclusive right to determine who shall and who shall not cross its
borders, and what shall be the subject of sale or traffic within them?
Mr. GUTHRIE:--The States have all the powers which are not expressly
delegated under the Constitution to be exercised by Congress. Congress
has no power, except such as are expressly conferred upo
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