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To: colorado tanker; BroJoeK; Homer_J_Simpson

I found the text of the Lecompton Constitution:

http://www.kansasmemory.org/item/207409/text

Within the Constitution was Article VII on Slavery:

ARTICLE VII.- SLAVERY.

SECTION 1. The right of property is before and higher than any constitutional sanction, and the right of the owner of a slave to such slave and its increase is the same and as inviolable as the right of the owner of any property whatever.

SEC. 2. The Legislature shall have no power to pass laws for the emancipation of slaves without the consent of the owners, or without paying the owners previous to their emancipation a full equivalent in money for the slaves so emancipated. They shall have no power to prevent immigrants to the State from bringing with them such persons as are deemed slaves by the laws of any one of the United States or Territories, so long as any person of the same age or description shall be continued in slavery by the laws of this State: Provided, That such person or slave be the bona fide property of such immigrants: And provided, also, That laws may be passed to prohibit the introduction into this State of slaves who have committed high crimes in other States or Territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have power to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect or refusal to comply with the direction of such laws, to have such slave or slaves sold for the benefit of the owner or owners.

SEC. 3. In the prosecution of slaves for crimes of higher grade than petit larceny, the Legislature shall have no power to deprive them of an impartial trial by a petit jury.

SEC. 4. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offense had been committed on a free white person, and on the like proof, except in case of insurrection of such slave.

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There was also this provision in the Bill of Rights:

23. Free negroes shall not be permitted to live in this State under any circumstances.

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And finally, under the Schedule providing the mechanism for ratification, Section 14 which called for calling a convention for amending the Constitution. Such a convention could be called by the legislature any time after 1864. There was, however, one particular reservation under Section 14:

...but no alteration shall be made to affect the rights of property in the ownership of slaves.


45 posted on 09/11/2017 10:59:27 AM PDT by henkster (We are living in an Orwellian era.)
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To: henkster

Is there such a thing as an unamendable Constitution? Can’t the provision against amendment itself be amended?


46 posted on 09/11/2017 11:22:51 AM PDT by colorado tanker
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