HKB
DIVIDED.--New York and Kansas--2.
SEC. IV. The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such labor or service is due.
YEAS.--Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Virginia--15.
NAYS.--Iowa, Maine, Massachusetts, and New Hampshire--4.
DIVIDED.--New York and Kansas--2.
SEC. V. The foreign slave-trade is hereby forever prohibited; and it shall be the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor, into the United States and the Territories, from places beyond the limits thereof.
YEAS.--Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Kansas--16.
NAYS.--Iowa, Maine, Massachusetts, North Carolina, and Virginia--5.
SEC. VI. The first, third, and fifth sections, together with this section of these amendments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph of the second section of the fourth article thereof, shall not be amended or abolished without the consent of all the States.
YEAS.--Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee--11.
NAYS.--Connecticut, Indiana, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia--9.
DIVIDED.--New York.
SEC. VII. 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 to such fugitive. Congress shall provide by law for securing to citizens of each State the privileges and immunities of citizens in the several States.
YEAS.--Delaware, Illinois, Indiana, Kentucky, Maryland, New Jersey, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia--12.
NAYS.--Connecticut, Iowa, Maine, North Carolina, Missouri, and Vermont--7.
DIVIDED.--New York.
NOT VOTING.--Massachusetts.
When the question was first taken on the first section, it was lost by a vote of eleven States against it to eight in its favor, a majority of your Commissioners casting the vote of New York against it. A motion was immediately made to reconsider, which was advocated by Mr. Granger, one of the Commissioners from New York, and was carried by a vote of fourteen States for, to five against it--a majority of the Commissioners from New York again casting its vote in the negative, and the Convention adjourned. On the next day it again came up on its final passage, and was then carried by a vote of nine States for, to eight against it--the vote of New York not being given. Why it was not given is left by the Commissioners to be stated by Mr. Field, on his own responsibility. (See note, p. 596.)
The vote of New York was not given upon any of the sections except the fifth, for the reason already stated; but upon that section we all voted Aye, as all her Commissioners then present were in its favor.
After the several votes had been taken, it was objected that the whole article should be put to a vote upon the question of its final adoption before it could be regarded as properly passed, but the President of the Convention decided that this was not necessary, and no such vote was taken. At the close of the discussion on this subject your Commissioners were prepared to cast the vote against the entire article, if any question had been taken upon it as a whole, as a majority of your Commissioners think it should have been.