"_Resolved_, By the Senate and House of Representatives of the United

States of America in Congress assembled, two-thirds of both Houses

concurring, that the following article be proposed to the Legislatures

of the several States as an Amendment to the Constitution of the United

States, which, when ratified by three-fourths of said Legislatures,

shall be valid to all intents and purposes as a part of said

Constitution, namely:

"'ARTICLE XIII.

"'SECTION 1. Neither slavery nor involuntary servitude, except as a

punishment for crime, whereof the party shall have been duly convicted,

shall exist within the United States, or any place subject to their

jurisdiction.

"'SECTION 2. Congress shall have power to enforce this article by

appropriate legislation.'"

_And whereas_, It appears from official documents on file in this

Department, that the Amendment to the Constitution of the United States

proposed as aforesaid, has been ratified by the Legislatures of the

States of Illinois, Rhode Island, Michigan, Maryland, New York, West

Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio,

Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont,

Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina,

Alabama, North Carolina, and Georgia, in all 27 States.

_And whereas_, The whole number of States in the United States is 36.

_And whereas_, The before specially named States, whose Legislatures

have ratified the said proposed Amendment, constitute three-fourths of

the whole number of States in the United States:

Now, therefore, be it known that I, William H. Seward, Secretary of

State of the United States, by virtue and in pursuance of the second

section of the act of Congress, approved the 20th of April, 1818,

entitled "An act to provide for the publication of the laws of the

United States, and for other purposes," do hereby certify that the

Amendment aforesaid has become valid to all intents and purposes as a

part of the Constitution of the United States.

In testimony whereof, I have hereunto set my hand and caused the seal of

the Department of State to be affixed.

Done at the City of Washington, this 18th day of December, in the year

of our Lord 1865, and of the Independence of the United States of

America the 90th.

WM. H. SEWARD, _Secretary of State_.

PROPOSED AMENDMENTS.

ADOPTED BY CONGRESS JUNE 13TH, 1866, AND WHEN RATIFIED BY

TWO-THIRDS OF THE LEGISLATURES BECOMES A PART OF THE CONSTITUTION.

The joint resolution as passed is as follows:

_Resolved_, By the Senate and House of Representatives of the United

States of America, in Congress assembled, (two-thirds of both Houses

concurring), That the following article be proposed to the Legislatures

of the several States, as an amendment to the Constitution of the United

States, which, when ratified by three-fourths of said Legislatures,

shall be valid as part of the Constitution, namely:

ARTICLE--.

Sec. 1. All persons born or naturalized in the United States, and subject

to the jurisdiction thereof, are citizens of the United States and the

States wherein they reside. No State shall make or enforce any law

which shall abridge the privileges or immunities of citizens of the

United States; nor shall any State deprive any person of life, liberty

or happiness, without due process of law, nor deny to any person within

its jurisdiction the equal protection of the laws.

Sec. 2. Representatives shall be apportioned among the several States

according to their respective numbers, counting the whole number of

persons, excluding Indians not taxed. But whenever the right to vote at

any election for the choice of electors for President and

Vice-President, representatives in Congress, executive and judicial

officers, or members of the Legislature thereof, is denied to any of the

male inhabitants of such State, being 21 years of age, and citizens of

the United States, or in any way abridged, except for participation in

rebellion or other crime, the basis of representation therein shall be

reduced in the proportion which the number of such male citizens shall

bear to the whole number of male citizens 21 years of age in such State.

Sec. 3. That no person shall be a Senator or Representative in Congress, or

elector of President and Vice President, or hold any office, civil or

military, under the United States, or under any State, who, having

previously taken an oath as a member of Congress, or as an officer of

the United States, or as a member of any State Legislature, or as an

executive or judicial officer of any State, to support the Constitution

of the United States, shall have engaged in insurrection or rebellion

against the same, or given aid and comfort to the enemies thereof. But

Congress may, by a vote of two-thirds of each House, remove such

disabilities.

Sec. 4. The validity of the public debt of the United States authorized by

law, including debts incurred for payment of pensions and bounties for

services in suppressing insurrection or rebellion, shall not be

questioned. But neither the United States or any State shall assume or

pay any debt or obligation incurred in aid of insurrection or rebellion

against the United States, or any claim for the loss or emancipation of

any slave; but all such debts, obligations, and claims shall be held

illegal and void.

Sec. 5. The Congress shall have power to enforce, by appropriate

legislation, the provisions of this article.

THE ORDINANCE OF 1787.

_Passed by Congress previous to the Adoption of the New

Constitution, and subsequently adopted by Congress, Aug. 7, 1789,

entitled, "An Ordinance for the Government of the Territory of the

United States north-west of the River Ohio."_

(All the Articles of this ordinance, previous to Article VI.,

relate to the organization and powers of the government of the

territory, the following section being all that relates to

slavery.)

ARTICLE VI.

There shall be neither slavery nor involuntary servitude in the said

territory, otherwise than in punishment of crimes, whereof the party

shall have been duly convicted: Provided always, that any person

escaping into the same, from whom labor or service is lawfully claimed

in any one of the original States, such fugitive may be lawfully

reclaimed and conveyed to the person claiming his or her labor or

service, as aforesaid.

Done by the United States in Congress assembled the thirteenth day

of July, in the year of our Lord 1787, and of the sovereignty and

Independence the twelfth.

WILLIAM GRAYSON, _Chairman_.

CHARLES THOMPSON, _Secretary_.

THE FUGITIVE SLAVE BILL OF 1793.

ADOPTED FEBRUARY 12, 1793.

_An Act respecting Fugitives from Justice, and Persons escaping

from the Service of their Masters._

_Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled_, That whenever the executive

authority of any State in the Union, or of either of the territories

north-west or south of the River Ohio, shall demand any person, as a

fugitive from justice, of the executive authority of any such State or

Territory to which such person shall have fled, and shall, moreover,

produce the copy of an indictment found, or an affidavit made before a

magistrate of any State or Territory as aforesaid, charging the person

so demanded with having committed treason, felony, or other crime,

certified as authentic by the governor or chief magistrate of the State

or Territory from whence the person so charged fled, it shall be the

duty of the executive authority of the State or Territory to which such

person shall have fled, to cause him or her to be arrested and secured,

and notice of the arrest to be given to the executive authority making

such demand, or to the agent of such authority appointed to receive the

fugitive, and to cause the fugitive to be delivered to such agent when

he shall appear. But if no such agent shall appear within six months

from the time of the arrest, the prisoner may be discharged. And all

costs or expenses incurred in the apprehending, securing, and

transmitting such fugitive to the State or Territory making such demand,

shall be paid by such State or Territory.

_And be it further enacted_, That any agent appointed as aforesaid, who

shall receive the fugitive into his custody, shall be empowered to

transport him or her to the State or Territory from which he or she

shall have fled. And if any person or persons shall by force set at

liberty or rescue the fugitive from such agent while transporting as

aforesaid, the person or persons so offending shall, on conviction, be

fined not exceeding five hundred dollars, and be imprisoned not

exceeding one year.

_And be it also enacted_, That when a person held to labor in any of

the United States, or in either of the Territories on the north-west or

south of the River Ohio, under the laws thereof, shall escape into any

other of the said States or Territory, the person to whom such labor or

service may be due, his agent or attorney, is hereby empowered to seize

or arrest such fugitive from labor, and to take him or her before any

judge of the Circuit or District Courts of the United States, residing

or being within the State, or before any magistrate of a county, city,

or town corporate, wherein such seizure or arrest shall be made, and

upon proof to the satisfaction of such judge or magistrate, either by

oral testimony or affidavit taken before, and certified by, a magistrate

of any such State or Territory, that the person so seized or arrested

doth, under the laws of the State or Territory from which he or she

fled, owe services or labor to the person claiming him or her, it shall

be the duty of such judge or magistrate to give a certificate thereof to

such claimant, his agent or attorney, which shall be sufficient warrant

for removing the said fugitive from labor to the State or Territory from

which he or she fled.

_And he it further enacted_, That any person who shall knowingly and

willingly obstruct or hinder such claimant, his agent or attorney, in so

seizing or arresting such fugitive from labor, or shall rescue such

fugitive from such claimant, his agent or attorney, when so arrested

pursuant to the authority herein given or declared, or shall harbor or

conceal such person after notice that he or she was a fugitive from

labor as aforesaid, shall, for either of the said offences, forfeit and

pay the sum of five hundred dollars. Which penalty may be recovered by

and for the benefit of such claimant, by action of debt, in any court

proper to try the same; saving, moreover, to the person claiming such

labor or service, his right of action for or on account of the said

injuries, or either of them.

THE FUGITIVE SLAVE BILL OF 1850.

SIGNED SEPTEMBER 18, 1850.

_An Act to amend, and supplementary to the Act entitled "An Act

respecting Fugitives from Justice, and Persons escaping from the

Service of their Masters," approved February twelfth, one thousand

seven hundred and ninety-three._

_Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled_, That the persons who have

been, or may hereafter be, appointed commissioners, in virtue of any

act of Congress, by the Circuit Courts of the United States, and who, in

consequence of such appointment, are authorized to exercise the powers

that any justice of the peace, or other magistrate of any of the United

States, may exercise in respect to offenders for any crime or offence

against the United States, by arresting, imprisoning, or bailing the

same under and by virtue of the thirty-third section of the act of the

twenty-fourth of September, seventeen hundred and eighty-nine, entitled

"An Act to establish the judicial courts of the United States," shall

be, and are hereby, authorized and required to exercise and discharge

all the powers and duties conferred by this act.

_And be it further enacted_, That the Superior Court of each organized

Territory of the United States shall have the same power to appoint

commissioners to take acknowledgments of bail and affidavits, and to

take depositions of witnesses in civil causes, which is now possessed by

the Circuit Court of the United States; and all commissioners who shall

hereafter be appointed for such purposes by the Supreme Court of any

organized Territory of the United States, shall possess all the powers,

and exercise all the duties, conferred by law upon the commissioners

appointed by the Circuit Courts of the United States for similar

purposes, and shall moreover exercise and discharge all the powers and

duties conferred by this act.

_And be it further enacted_, That the Circuit Courts of the United

States, and the Superior Courts of each organized Territory of the

United States, shall from time to time enlarge the number of

commissioners, with a view to afford reasonable facilities to reclaim

fugitives from labor, and to the prompt discharge of the duties imposed

by this act.

_And be it further enacted_, That the commissioners above named shall

have concurrent jurisdiction with the judges of the Circuit and District

Courts of the United States, in their respective circuits and districts

within the several States, and the judges of the Superior Courts of the

Territories severally and collectively, in term time and vacation; and

shall grant certificates to such claimants upon satisfactory proof being

made, with authority to take and remove such fugitives from service or

labor, under the restrictions herein contained, to the State or

Territory from which such persons may have escaped or fled.

_And he it further enacted_, That it shall be the duty of all marshals

and deputy marshals to obey and execute all warrants and precepts issued

under the provisions of this act, when to them directed; and should any

marshal or deputy marshal refuse to receive such warrant, or other

process, when tendered, or to use all proper means diligently to execute

the same, he shall, on conviction thereof, be fined in the sum of one

thousand dollars, to the use of such claimant, on the motion of such

claimant, by the Circuit or District Court for the district of such

marshal; and after arrest of such fugitive, by such marshal or his

deputy, or whilst at any time in his custody, under the provisions of

this act, should such fugitive escape, whether with or without the

assent of such marshal or his deputy, such marshal shall be liable, on

his official bond, to be prosecuted for the benefit of such claimant,

for the full value of the service or labor of said fugitive in the

State, Territory, or district whence he escaped; and the better to

enable said commissioners, when thus appointed, to execute their duties

faithfully and efficiently, in conformity with the requirements of the

constitution of the United States, and of this act, they are hereby

authorized and empowered, within their counties respectively, to

appoint, in writing under their hands, any one or more suitable persons,

from time to time, to execute all such warrants and other process as may

be issued by them in the lawful performance of their respective duties;

with authority to such commissioners, or the persons to be appointed by

them, to execute process as aforesaid, to summon and call to their aid

the bystanders, or _posse comitatus_ of the proper county, when

necessary to insure a faithful observance of the clause of the

constitution referred to, in conformity with the provisions of this act;

and all good citizens are hereby commanded to aid and assist in the

prompt and efficient execution of this law, whenever their services may

be required, as aforesaid, for that purpose; and said warrants shall

run, and be executed by said officers, any where in the State within

which they are issued.

_And be it further enacted_, That when a person held to service or labor

in any State or Territory of the United States has heretofore or shall

hereafter escape into another State or Territory of the United States,

the person or persons to whom such service or labor may be due, or his,

her, or their agent or attorney, duly authorized by power of attorney,

in writing acknowledged and certified under the seal of some legal

officer or court of the State or Territory in which the same may be

executed, may pursue and reclaim such fugitive person, either by

procuring a warrant from some one of the courts, judges, or

commissioners aforesaid, of the proper circuit, district, or county, for

the apprehension of such fugitive from service or labor, or by seizing

and arresting such fugitive where the same can be done without process,

and by taking, or causing such person to be taken forthwith before such

court, judge, or commissioner, whose duty it shall be to hear and

determine the case of such claimant in a summary manner; and upon

satisfactory proof being made, by deposition or affidavit, in writing,

to be taken and certified by such court, judge, or commissioner, or by

other satisfactory testimony, duly taken and certified by some court,

magistrate, justice of the peace, or other legal officer authorized to

administer an oath and take depositions under the laws of the State or

Territory from which such person owing service or labor may have

escaped, with a certificate of such magistracy, or other authority as

aforesaid, with the seal of the proper court or officer thereto

attached, which seal shall be sufficient to establish the competency of

the proof, also by affidavit, of the identity of the person whose

service or labor is claimed to be due as aforesaid, that the person so

arrested does in fact owe service or labor to the person or persons

claiming him or her, in the State or Territory from which such fugitive

may have escaped as aforesaid, and that said person escaped, to make out

and deliver to such claimant, his or her agent or attorney, a

certificate setting forth the substantial facts as to the service or

labor due from such fugitive to the claimant, and of his or her escape

from the State or Territory in which such service or labor was due to

the State or Territory in which he or she was arrested, with authority

to such claimant, or his or her agent or attorney, to use such

reasonable force and restraint as may be necessary, under the

circumstances of the case, to take and remove such fugitive person back

to the State or Territory whence he or she may have escaped as

aforesaid. In no trial or hearing under this act shall the testimony of

such alleged fugitive be admitted in evidence; and the certificates in

this and the first (fourth) section mentioned, shall be conclusive of

the right of the person or persons in whose favor granted, to remove

such fugitive to the State or Territory from which he escaped, and shall

prevent all molestation of such person or persons by any process issued

by any court, judge, magistrate, or other person whomsoever.

_And be it further enacted_, That any person who shall knowingly and

willingly obstruct, hinder, or prevent such claimant, his agent or

attorney, or any person or persons lawfully assisting him, her, or them,

from arresting such a fugitive from service or labor, either with or

without process as aforesaid, or shall rescue or attempt to rescue such

fugitive from service or labor from the custody of such claimant, his or

her agent or attorney, or other person or persons lawfully assisting as

aforesaid, when so arrested pursuant to the authority herein given and

declared, or shall aid, abet, or assist such person so owing service or

labor as aforesaid, directly or indirectly, to escape from such

claimant, his agent or attorney, or other person or persons legally

authorized as aforesaid, or shall harbor or conceal such fugitive, so as

to prevent the discovery and arrest of such person, after notice or

knowledge of the fact that such person was a fugitive from service or

labor as aforesaid, shall, for either of said offences, be subject to a

fine not exceeding one thousand dollars, and imprisonment not exceeding

six months, by indictment and conviction before the District Court of

the United States for the district in which such offence may have been

committed, or before the proper court of criminal jurisdiction, if

committed within any one of the organized Territories of the United

States, and shall moreover forfeit and pay, by way of civil damages to

the party injured by such illegal conduct, the sum of one thousand

dollars for each fugitive so lost as aforesaid, to be recovered by

action of debt in any of the district or territorial courts aforesaid,

within whose jurisdiction the said offence may have been committed.

_And be it further enacted_, That the marshals, their deputies, and the

clerks of the said district and territorial courts, shall be paid for

their services the like fees as may be allowed to them for similar

services in other cases; and where such services are rendered

exclusively in the arrest, custody, and delivery of the fugitive to the

claimant, his or her agent or attorney, or where such supposed fugitive

may be discharged out of custody for the want of sufficient proof as

aforesaid, then such fees are to be paid in the whole by such claimant,

his agent or attorney; and in all cases where the proceedings are before

a commissioner, he shall be entitled to a fee of ten dollars in full for

his services in each case, upon the delivery of the said certificate to

the claimant, his or her agent or attorney; or a fee of five dollars in

cases where the proof shall not, in the opinion of such commissioner,

warrant such certificate and delivery, inclusive of all services

incident to such arrest or examination, to be paid in either case by the

claimant, his or her agent or attorney. The person or persons authorized

to execute the process to be issued by such commissioner for the arrest

and detention of fugitives from service or labor as aforesaid, shall

also be entitled to a fee of five dollars each, for each person he or

they may arrest and take before any such commissioner, as aforesaid, at

the instance and request of such claimant, with such other fees as may

be deemed reasonable by such commissioners for such other additional

services as may be necessarily performed by him or them; such as

attending at the examination, keeping the fugitive in custody, and

providing him with food and lodging during his detention and until the

final determination of such commissioner; and, in general, for

performing such other duties as may be required by such claimant, his or

her attorney or agent, or commissioner in the premises. Such fees to be

made up in conformity with the fees usually charged by the officers of

the courts of justice within the proper district or county, as near as

may be practicable, and paid by such claimants, their agents or

attorneys, whether such supposed fugitives from service or labor be

ordered to be delivered to such claimants by the final determination of

such commissioner or not.

_And be it further enacted_, That, upon affidavit made by the claimant

of such fugitive, his agent or attorney, after such certificate has been

issued that he has reason to apprehend that such fugitive will be

rescued by force from his or her possession before he can be taken

beyond the limits of the State in which the arrest is made, it shall be

the duty of the officer making the arrest to retain such fugitive in his

custody, and to remove him to the State whence he fled, and there

deliver him to said claimant, his agent or attorney. And to this end,

the officer aforesaid is hereby authorized and required to employ so

many persons as he may deem necessary to overcome such force, and to

retain them in his service so long as circumstances may require. The

said officer and his assistants while so employed to receive the

compensation, and to be allowed the same expenses, as are now allowed by

law for transportation of criminals, to be certified by the judge of the

district within which the arrest is made, and paid out of the Treasury

of the United States.

Key-Notes of American Liberty Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present time · 第 2 / 13 段