A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention
by L. E. Chittenden · English · Gutenberg #24561 · 1,543,021 chars · public domain (US)
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Title: A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention
Author: L. E. Chittenden
Release date: February 9, 2008 [eBook #24561]
Language: English
Other information and formats: www.gutenberg.org/ebooks/24561
Credits: Produced by Curtis Weyant, Linda Cantoni, and the Online
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*** START OF THE PROJECT GUTENBERG EBOOK A REPORT OF THE DEBATES AND PROCEEDINGS IN THE SECRET SESSIONS OF THE CONFERENCE CONVENTION ***
Produced by Curtis Weyant, Linda Cantoni, and the Online
Distributed Proofreading Team at http://www.pgdp.net (This
file was produced from scans of public domain works at the
University of Michigan's Making of America collection.)
[Transcriber's Note: A table of contents has been provided for the reader's
convenience.]
A REPORT
OF THE
DEBATES AND PROCEEDINGS
IN THE
SECRET SESSIONS
OF THE
CONFERENCE CONVENTION,
FOR PROPOSING
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES,
HELD AT
WASHINGTON, D.C., IN FEBRUARY, A.D. 1861.
BY
L.E. CHITTENDEN,
ONE OF THE DELEGATES.
NEW YORK:
D. APPLETON & COMPANY,
443 & 445 BROADWAY.
1864.
ENTERED, according to Act of Congress, in the year 1864, by
D. APPLETON & CO.,
In the Clerk's Office of the District Court for the Southern District
of New York.
CONTENTS.
INTRODUCTION.
PROCEEDINGS OF THE CONFERENCE.
SECOND DAY.
THIRD DAY.
FOURTH DAY.
FIFTH DAY.
SIXTH DAY.
SEVENTH DAY.
EIGHTH DAY.
NINTH DAY.
TENTH DAY.
ELEVENTH DAY.
TWELFTH DAY.
THIRTEENTH DAY.
FOURTEENTH DAY.
FIFTEENTH DAY.
SIXTEENTH DAY.
SEVENTEENTH DAY.
EIGHTEENTH DAY.
NINETEENTH DAY.
APPENDIX.
INDEX.
INDEX TO THE APPENDIX.
INTRODUCTION.
If I had been guided by my judgment alone it is not probable that
these notes of the debates in the Conference, held upon the invitation
of Virginia, at Washington, in the month of February, 1861, would have
been made public. From the commencement of its sessions, a portion of
the members were in favor of the daily publication of the proceedings.
I was disposed to go farther and have the sessions open to the public;
but this proposition was opposed by a large majority. Strong reasons
were urged for excluding the multitude which in the excitement of the
time would have thronged the hall wherein the Conference held its
sessions. But these reasons did not apply to the publication of the
debates, and a considerable minority were strongly of opinion that the
people should be informed daily, of the votes and remarks of their
representatives in that body.
I commenced taking notes on the first day of the session. For the
first few days, and until the reports were presented from the general
committee, there was but little discussion, and that related to
questions incidental to the general subject. On the 15th of February,
and before the committee reported, Mr. ORTH offered a resolution
authorizing the admission of reporters, which, after some discussion,
by a close vote was laid upon the table. On the 18th, finding the
labor of taking notes greater than I had anticipated, and desiring
that a complete record should be preserved; I introduced a resolution
providing for the appointment of an official stenographer, who should
report the proceedings and hold them subject to the order of the
Conference. I urged the adoption of this resolution as strenuously as
was proper, but the feeling of the majority appeared to be still
adverse to its passage, and it shared the fate of its predecessor. I
then revised the notes already taken, and finding them more complete
than I had anticipated, determined to make as accurate a report as I
was able of the general discussion. I could not then anticipate
whether such a report would be useful to the country or not; but I
thought if the Conference should propose amendments to the
Constitution, and these should be ultimately submitted to the States
for adoption, a knowledge of the motives and reasons which influenced
the action of the Conference as well as the construction which the
members gave to the propositions themselves, might become of as great
importance as the same subjects were in the convention which framed
the present Constitution. I attended every session of the Conference,
and, so far as my strength would permit, made as full and accurate
notes as I could, both of the action of the Conference and the
observations of its members.
These notes were carefully examined and revised immediately after the
close of each daily session. After the passage of the resolution
introduced by Mr. BARRINGER, removing the injunction of secrecy and
authorizing their publication, I determined to write them out for the
press. I was engaged in this work when the rebellion commenced, and
was shortly after called to the performance of the duties of an
official position, which for many months left me no leisure for other
employments.
My notes were then laid aside. As it was known by every member of the
Conference that I had taken them, I was often pressed to permit
selections from them to be made. These requests I invariably declined,
as I desired the publication, if made at all, to be entire, as well as
accurate. As time passed, these appeals became more frequent and
pressing, and claims were made in relation to the course of several of
the members which could only be sustained or refuted by a publication
of their remarks. At length I was earnestly requested to write out one
of these speeches, and after some weeks of delay consented to do so.
After the publication of this speech, which took place about the time
of the fall elections of 1863, previous to which the action of the
Conference had been much discussed, the desire to see a full report of
the proceedings of that body appeared to be excited anew. Letters and
personal interviews upon this subject became very numerous. I finally
determined to take the advice of a number of gentlemen who were
prominent in the convention and the country, as to the propriety of
yielding to this desire, and to be guided by it. I did so, and found
among them a remarkable unanimity of expression in favor of making the
history of the Conference public.
When this question was settled, I desired to avail myself of every
opportunity to secure the highest degree of accuracy and fidelity. I
addressed notes to such of the members as were accessible, asking them
to transmit to me such memoranda of the proceedings of the Conference
as they had preserved. The response to these letters was very
gratifying; not because the materials furnished were very full, but
because so general a purpose was shown by all the members thus
addressed, to furnish me every facility and aid in their power.
I have found much difficulty in determining what control each member
ought to be permitted to exercise over his own remarks. The most
agreeable course to me would have been, to have written out each
speech and submitted it to its author for correction or revision; but
to this there was a decisive objection. It would have depreciated, if
not destroyed, the accuracy of the report. Although I do not believe
that any gentleman would have been tempted to change the tenor of his
remarks by subsequent events, the view of the public might not have
been so charitable.
I have therefore made my own notes the standard of authority, and have
admitted nothing into the report which has not been justified by them
aided by my own recollection. The manuscript has not been changed or
added to, except by my own hands. The few instances in which I have
availed myself of the materials furnished by others, are distinctly
stated either in the notes or the appendix.
During the sessions of the Conference I was able to secure but little
practical assistance from the members. Although many of them desired
that my purpose should be accomplished, and some were taking brief and
general notes, I soon discovered that an accurate report of a speech
required an amount of labor and a degree of attention to the subject,
which few gentlemen were inclined to give. The work, therefore, was
thrown almost exclusively upon myself. Some idea of its amount and
severity may be formed when it is stated, that the sessions usually
commenced at about ten o'clock in the morning, and with a brief
intermission were continued late in the evening, in one instance as
late as the hour of two o'clock, A.M. The necessity of these long
daily sessions, arose from the fact, that the Congress then in
existence terminated on the fourth of March, and but few days
remained in which to discuss and perfect the report, and to submit it
to that body for its action.
I do not claim to have furnished a _verbatim_ report of the speeches
delivered in the Conference of 1861, but I insist that I have given an
accurate account of all its official proceedings, and the substance of
the remarks made in the course of those proceedings. I think, also,
that I have preserved nearly all the propositions made in the course
of the debate, and generally have presented the ideas in the very
language used. The gentlemen who have critically examined the report,
all concur upon the question of its general accuracy, and I am content
in this respect to rely upon their testimony.
I have suggested these considerations simply by way of explanation,
and not for the purpose of avoiding criticism. I have endeavored to
follow, so far as was in my power, the example of the illustrious
Reporter of the Constitutional Convention of 1787; and while my notes
lack the beauty and felicity which characterize his, I trust they are
not less full and accurate. I submit them to the country as the best
contribution which I can make to its history, at a most important and
interesting period of our national existence.
The three short years which have passed since the Conference of 1861,
have witnessed singular vicissitudes among its members. Many of them
have entered into the military or civil service of the country, or of
the rebellion which it was the avowed purpose of some members of that
Conference to nourish into vigorous life. Death, also, has been busy
with the roll. BALDWIN, BRONSON, SMITH, WOLCOTT, TYLER, and CLAY, are
no more. ZOLLICOFFER fell at the head of a rebel army. HACKLEMAN
sealed with his blood his devotion to the principles he advocated
upon the field of Corinth, and now, while I am writing these pages in
a morning of beautiful spring, when tree, and shrub, and grass, and
flower, are bursting into life and beauty; from the roar of cannon,
the rattle of musketry, and the deadly storm of lead and iron, which
bearing destruction upon its wings is waking the echoes of the
"Wilderness," comes the mournful tidings that WADSWORTH has fallen. In
that Conference or in the world, there was never a purer or a more
ardent patriot. Those of us who were associated with him politically,
had learned to love and respect him. His opponents admired his
unflinching devotion to his country, and his manly frankness and
candor. He was the type of a true American, able, unselfish, prudent,
unambitious, and good. Other pens will do justice to his memory, but I
thought as I heard the last account of him alive, as he lay within the
rebel lines, his face wearing that calm serenity which grew more
beautiful the nearer death approached, after having given so
abundantly of his goods, now yielding his life to his country in the
hour of her trial, that hereafter the good and true men of the nation
would emulate the illustrious example of his patriotism, and would
prize the blessings of a free government the more highly, as they
remembered that it could only be maintained and perpetuated by such
expensive sacrifices.
L.E.C.
_May_, 1864.
PROCEEDINGS OF THE CONFERENCE,
Washington, D.C.
MONDAY, _February 4th, 1861._
Commissioners representing a number of the States, assembled at
Willard's Hall, in the City of Washington, D.C., on the fourth day of
February, A.D. 1861, at 12 o'clock M., in pursuance of the following
preamble and resolutions, adopted by the General Assembly of the State
of Virginia, on the nineteenth day of January, A.D. 1861:
_Whereas_, It is the deliberate opinion of the General
Assembly of Virginia, that unless the unhappy controversy
which now divides the States of this confederacy, shall be
satisfactorily adjusted, a permanent dissolution of Union is
inevitable; and the General Assembly, representing the
wishes of the people of the commonwealth, is desirous of
employing every reasonable means to avert so dire a
calamity, and determined to make a final effort to restore
the Union and the Constitution, in the spirit in which they
were established by the fathers of the Republic: Therefore,
_Resolved_, That on behalf of the commonwealth of Virginia,
an invitation is hereby extended to all such States, whether
slaveholding or non-slaveholding, as are willing to unite
with Virginia in an earnest effort to adjust the present
unhappy controversies, in the spirit in which the
Constitution was originally formed, and consistently with
its principles, so as to afford to the people of the
slaveholding States adequate guarantees for the security of
their rights, to appoint commissioners to meet on the fourth
day of February next, in the City of Washington, similar
commissioners appointed by Virginia, to consider, and if
practicable, agree upon some suitable adjustment.
_Resolved_, That ex-President JOHN TYLER, WILLIAM C. RIVES,
Judge JOHN W. BROCKENBROUGH, GEORGE W. SUMMERS, and JAMES A.
SEDDON are hereby appointed commissioners, whose duty it
shall be to repair to the City of Washington, on the day
designated in the foregoing resolution, to meet such
commissioners as may be appointed by any of said States, in
accordance with the foregoing resolution.
_Resolved_, That if said commissioners, after full and free
conference, shall agree upon any plan of adjustment
requiring amendments to the Federal Constitution, for the
further security of the rights of the people of the
slaveholding States, they be requested to communicate the
proposed amendments to Congress, for the purpose of having
the same submitted by that body, according to the forms of
the Constitution, to the several States for ratification.
_Resolved_, That if said commissioners cannot agree on such
adjustment, or if agreeing, Congress shall refuse to submit
for ratification, such amendments as may be proposed, then
the commissioners of this State shall immediately
communicate the result to the executive of this
commonwealth, to be by him laid before the convention of the
people of Virginia and the General Assembly: _Provided_,
That the said commissioners be subject at all times to the
control of the General Assembly, or if in session, to that
of the State convention.
_Resolved_, That in the opinion of the General Assembly of
Virginia, the propositions embraced in the resolutions
presented to the Senate of the United States by the Hon.
JOHN J. CRITTENDEN, so modified as that the first article
proposed as an amendment to the Constitution of the United
States, shall apply to all the territory of the United
States now held or hereafter acquired south of latitude
thirty-six degrees and thirty minutes, and provide that
slavery of the African race shall be effectually protected
as property therein during the continuance of the
territorial government, and the fourth article shall secure
to the owners of slaves the right of transit with their
slaves between and through the non-slaveholding States and
territories, constitute the basis of such an adjustment of
the unhappy controversy which now divides the States of this
confederacy, as would be accepted by the people of this
commonwealth.
_Resolved_, That ex-President JOHN TYLER is hereby
appointed, by the concurrent vote of each branch of the
General Assembly, a commissioner to the President of the
United States, and Judge JOHN ROBERTSON is hereby appointed,
by a like vote, a commissioner to the State of South
Carolina, and the other States that have seceded or shall
secede, with instructions respectfully to request the
President of the United States and authorities of such
States to agree to abstain, pending the proceedings
contemplated by the action of this General Assembly, from
any and all acts calculated to produce a collision of arms
between the States and the Government of the United States.
_Resolved_, That copies of the foregoing resolutions be
forthwith telegraphed to the executives of the several
States, and also to the President of the United States, and
the Governor be requested to inform, without delay, the
commissioners of their appointment by the foregoing
resolutions.
[A copy from the rolls.]
WM. F. GORDON, JR.,
_C.H.D. and K.R. of Va._
The Conference was called to order by Mr. MOREHEAD, of Kentucky, who
proposed the name of the honorable JOHN C. WRIGHT, of Ohio, as
temporary Chairman.
The motion of Mr. MOREHEAD was unanimously adopted.
Mr. WRIGHT was conducted to the Chair by Mr. MEREDITH, of
Pennsylvania, and Mr. CHASE, of Ohio, and proceeded to address the
Conference as follows:
My warmest thanks are due to you, Gentlemen, for the undeserved honor
which you have conferred upon me, in selecting me for the purpose of
temporarily presiding over your deliberations. We have come together
to secure a common and at the same time a most important object--to
agree if we can upon some plan for adjusting the unhappy differences
which distract the country, which will be satisfactory to ourselves
and those we represent. We have assembled as friends, as brothers,
each, I doubt not, animated by the most friendly sentiments.
If we enter upon, and with these sentiments carry through, a patient
examination of the difficulties which now surround the Government, the
result will be, it must be, a success, earnestly hoped for by every
lover of his country; a result which will establish the Union
according to the spirit of the Constitution.
For myself, I may say that I have come here with the earnest purpose
of doing justice to all sections of the Union. I will hear with a
patient and impartial mind all that may be said in favor of, or
against such amendments of the Constitution as may be proposed. Such
of them as will give to the Government permanence, strength, and
stability, as will tend to secure to any State, or any number of
States, the quiet and unmolested enjoyment of their rights under it,
shall receive my cordial support. My confidence in republican
institutions, in the capacity of the people for self-government, has
been increased with every year of a life which has been protracted
beyond the term usually allotted to man. That life is now drawing to a
close, and I hope, when it ends, I may leave the Government more
firmly established in the affections of my countrymen than it ever was
before. To this end I have always labored, and shall continue to labor
while I live. I pray GOD that He will be with us during our
deliberations, and that He may guide them to a happy and wise
conclusion.
Mr. BENJAMIN C. HOWARD, a commissioner from the State of Maryland, was
unanimously appointed temporary Secretary.
The Roll of the States was then called over, and commissioners
representing the following were found to be present:
New Hampshire,
Rhode Island,
New Jersey,
Pennsylvania,
Delaware,
Maryland,
Virginia,
North Carolina,
Kentucky,
Ohio,
Indiana.
Mr. PRICE, of New Jersey:--I am informed that a number of Reporters
for the press are at the door of the hall, desiring admittance to this
Conference, for the purpose of reporting our proceedings. Whatever may
be the ultimate action of the Conference in this respect, I can see no
objection to the admission of reporters to-day, for our business will
relate wholly to organization. I hope we shall admit them, and I make
that motion.
Mr. SEDDON, of Virginia:--I hope this motion will not prevail. I do
not see that any good can possibly come of giving publicity now, to
our proceedings. On the contrary, in the present excited condition of
the country, I can see how much harm might result from that publicity.
It is not unlikely that wide differences of opinion will be found to
exist among us at the outset. These we shall attempt to harmonize, and
if we succeed, it will only be by mutual concessions and compromises.
Every one should be left free to make these concessions, and not
subject himself to unfavorable public criticism by doing so. If our
deliberations are to attain the successful conclusion we so much
desire, it certainly is the course of wisdom that we should follow the
illustrious example of the framers of the present Constitution, and
sit with closed doors.
The motion was thereupon, by _viva voce_ vote, decided in the
negative.
Mr. MEREDITH:--I move the appointment of a committee to consist of one
member from each delegation present, to be named by the delegation and
appointed by the President, who shall recommend permanent officers of
this, body, and also report rules for its government.
Which motion was agreed to.
The following gentlemen were then appointed such Committee on Rules
and Organization:
Kentucky, Charles A. Wickliffe, _Chairman_; New Hampshire, Amos Tuck;
Rhode Island, William W. Hoppin; New Jersey, Joseph F. Randolph;
Pennsylvania, Thomas E. Franklin; Delaware, George B. Rodney;
Maryland, John W. Crisfield; Virginia, William C. Rives; North
Carolina, Thomas Ruffin; Ohio, Reuben Hitchcock; Indiana, Godlove S.
Orth.
The Conference then adjourned to meet at 12 o'clock M. to-morrow.
SECOND DAY.
WASHINGTON, TUESDAY, _February 5th, 1861._
The Conference was called to order by the Chairman _pro tem._,
pursuant to adjournment, and the journal of the proceedings of the
first day was read and approved.
Mr. FRANKLIN, of Pennsylvania:--It is usual in bodies of this
description to take measures to ascertain who are and who are not duly
accredited members. We should have the names of all the Commissioners
present brought on to our records. I therefore move that a Committee
of five be appointed by the Chairman, to whom all credentials of
members shall be referred for examination and report.
The motion of Mr. FRANKLIN was adopted unanimously, and the Chairman
announced as such Committee Mr. Summers, of Virginia; Mr. Franklin, of
Pennsylvania; Mr. Guthrie, of Kentucky; Mr. Morehead, of North
Carolina, and Mr. Smith, of Indiana.
Mr. WICKLIFFE, of Kentucky:--I rise at this time for the purpose of
making the report of the Committee on Organization. I am instructed to
report that we recommend that the permanent officers of the Convention
be a President and Secretary, and that the Secretary have leave to
appoint assistants, not exceeding two in number, to assist him in the
discharge of his duties; and that the President of this Convention be
JOHN TYLER, of Virginia, and that CRAFTS J. WRIGHT, of Ohio, be its
Secretary. The committee also report a series of rules for the
government of the Convention.
Mr. CLAY, of Kentucky:--I move that the question upon accepting the
report be divided, and that it be first taken on that part of the
report which relates to the officers of the Convention.
Which was agreed to without objection.
It was then moved, and unanimously voted, that the part of the report
relating to officers, be accepted, and the officers designated be
appointed.
The President _pro tem._ then appointed Mr. EWING, of Ohio, and Mr.
MEREDITH, of Pennsylvania, to conduct the President elect to the
chair.
President TYLER upon taking his seat proceeded to address the
Convention as follows:
Gentlemen, I fear you have committed a great error in appointing me to
the honorable position you have assigned me. A long separation from
all deliberative bodies has rendered the rules of their proceedings
unfamiliar to me, while I should find, in my own state of health,
variable and fickle as it is, sufficient reason to decline the honor
of being your presiding officer. But, in times like these, one has but
little option left him. Personal considerations should weigh but
lightly in the balance. The country is in danger; it is enough; one
must take the place assigned him in the great work of reconciliation
and adjustment. The voice of Virginia has invited her co-States to
meet her in council. In the initiation of this Government, that same
voice was heard and complied with, and the results of seventy-odd
years have fully attested the wisdom of the decisions then adopted. Is
the urgency of her call now less great than it was then? Our godlike
fathers created, we have to preserve. They built up, through their
wisdom and patriotism, monuments which have eternized their names. You
have before you, gentlemen, a task equally grand, equally sublime,
quite as full of glory and immortality. You have to snatch from ruin a
great and glorious Confederation, to preserve the Government, and to
renew and invigorate the Constitution. If you reach the height of this
great occasion, your children's children will rise up and call you
blessed. I confess myself to be ambitious of sharing in the glory of
accomplishing this grand and magnificent result. To have our names
enrolled in the Capitol, to be repeated by future generations with
grateful applause--this is an honor higher than the mountains, more
enduring than the monumental alabaster. Yes, Virginia's voice, as in
the olden time, has been heard. Her sister States meet her this day at
the council board. Vermont is here, bringing with her the memories of
the past, and reviving in the memories of all, her Ethan Allen and his
demand for the surrender of Ticonderoga, in the name of the Great
Jehovah and the American Congress. New Hampshire is here, her fame
illustrated by memorable annals, and still more lately as the
birthplace of him who won for himself the name of defender of the
Constitution, and who wrote that letter to John Taylor which has been
enshrined in the hearts of his countrymen. Massachusetts is not here.
(Some member said "She is coming.") I hope so, said Mr. TYLER, and
that she will bring with her her daughter Maine. I did not believe it
could well be that the voice which in other times was so familiar to
her ears had been addressed to her in vain. Connecticut is here, and
she comes, I doubt not, in the spirit of ROGER SHERMAN, whose name
with our very children has become a household word, and who was in
life the embodiment of that sound practical sense which befits the
great lawgiver and constructer of governments. Rhode Island, the land
of ROGER WILLIAMS, is here, one of the two last States, in her
jealousy of the public liberty, to give in her adhesion to the
Constitution, and among the earliest to hasten to its rescue. The
great Empire State of New York, represented thus far but by one
delegate, is expected daily in fuller force to join in the great work
of healing the discontents of the times and restoring the reign of
fraternal feeling. New Jersey is also here, with the memories of the
past covering her all over. Trenton and Princeton live immortal in
story, the plains of the last incrimsoned with the hearts blood of
Virginia's sons. Among her delegation I rejoice to recognize a gallant
son of a signer of the immortal Declaration which announced to the
world that thirteen Provinces had become thirteen independent and
sovereign States. And here, too, is Delaware, the land of the BAYARDS
and the RODNEYS, whose soil at Brandywine was moistened by the blood
of Virginia's youthful MONROE. Here is Maryland, whose massive columns
wheeled into line with those of Virginia in the contest for glory,
and whose state house at Annapolis was the theatre of the spectacle of
a successful Commander, who, after liberating his country, gladly
ungirthed his sword, and laid it down upon the altar of that country.
Then comes Pennsylvania, rich in revolutionary lore, bringing with her
the deathless names of FRANKLIN and MORRIS, and, I trust, ready to
renew from the belfry of Independence Hall the chimes of the old bell,
which announced _Freedom_ and _Independence_ in former days. All hail
to North Carolina! with her Mecklenberg Declaration in her hand,
standing erect on the ground of her own probity and firmness in the
cause of public liberty, and represented in her attributes by her
MACON, and in this assembly by her distinguished son at no great
distance from me. Four daughters of Virginia also cluster around the
council board on the invitation of their ancient mother--the eldest,
Kentucky, whose sons, under the intrepid warrior ANTHONY WAYNE, gave
freedom of settlement to the territory of her sister, Ohio. She
extends her hand daily and hourly across _la belle riviere_, to grasp
the hand of some one of kindred blood of the noble states of Indiana,
and Illinois, and Ohio, who have grown up into powerful States,
already grand, potent, and almost imperial. Tennessee is not here, but
is coming--prevented only from being here by the floods which have
swollen her rivers. When she arrives, she will wear the badges on her
warrior crest of victories won in company with the Great West on many
an ensanguined plain, and standards torn from the hands of the
conquerors at Waterloo. Missouri, and Iowa, and Michigan, Wisconsin,
and Minnesota, still linger behind, but it may be hoped that their
hearts are with us in the great work we have to do.
Gentlemen, the eyes of the whole country are turned to this assembly,
in expectation and hope. I trust that you may prove yourselves worthy
of the great occasion. Our ancestors, probably, committed a blunder in
not having fixed upon every fifth decade for a call of a general
convention to amend and reform the Constitution. On the contrary, they
have made the difficulties next to insurmountable to accomplish
amendments to an instrument which was perfect for five millions of
people, but not wholly so as to thirty millions. Your patriotism will
surmount the difficulties, however great, if you will but accomplish
one triumph in advance, and that is, a triumph over _party_. And what
is party, when compared to the work of rescuing one's country from
danger? Do that, and one long, loud shout of joy and gladness will
resound throughout the land.
Mr. EWING:--I move that the remaining portion of the report of the
Committee on Organization be postponed until to-morrow.
The motion of Mr. EWING was agreed to.
Mr. WICKLIFFE. I offer the following resolution:
_Resolved_, That the Conference shall be opened with prayer,
and that the clergymen of the city of Washington be
requested to perform that service.
The resolution offered by Mr. WICKLIFFE was adopted, and prayer was
then offered by the Rev. Dr. P.D. GURLEY, of Washington.
The PRESIDENT:--I have received a communication from the Messrs.
Willard, placing the Hall in which the Conference is now sitting at
the service of the Conference, while its sessions may continue; also,
a communication from the Mayor and Common Council of the City of
Washington, offering police officers to attend our sittings.
It was moved, and agreed to, that these offers be severally accepted.
Mr. JOHNSON, of Maryland:--I move that the President of the Conference
be requested to furnish a copy of his address to the Conference upon
taking the Chair, that it be entered upon the journal as a part of
this day's proceedings, and that the same be published.
Which motion was unanimously agreed to.
Mr. GRIMES, of Iowa:--I have received from the Governor of the State
of Iowa a communication, requesting myself and my colleague in the
Senate of the United States, and also the members representing that
State in the House of Representatives, to represent the State of Iowa
here. I desire to present his communication, that it may be referred
to the Committee on Credentials.
The communication was so referred, and on motion of Mr. WRIGHT, of
Ohio, the Conference adjourned.
THIRD DAY.
WASHINGTON, WEDNESDAY, _February 6th, 1861._
The Conference met at twelve o'clock, at noon, and was called to order
by the PRESIDENT.
The Journal of yesterday was read, and after amendment, was approved.
Mr. SUMMERS:--I am instructed by the Committee on Credentials to make
a report. That committee has examined the credentials which have been
submitted to it, and finds the following-named gentlemen duly
accredited as members of this Conference:
_New Hampshire._--Amos Tuck, Levi Chamberlain, Asa Fowler.
_Vermont._--Hiland Hall, Lucius E. Chittenden, Levi Underwood, H.
Henry Baxter, B.D. Harris.
_Rhode Island and Providence Plantations._--Samuel Ames, Alexander
Duncan, William W. Hoppin, George H. Browne, Samuel G. Arnold.
_Connecticut._--Roger S. Baldwin, Chauncey F. Cleveland, Charles J.
McCurdy, James T. Pratt, Robbins Battell, Amos S. Treat.
_New Jersey._--Charles S. Olden, Peter D. Vroom, Robert F. Stockton,
Benjamin Williamson, Joseph F. Randolph, Frederick T. Frelinghuysen,
Rodman M. Price, William C. Alexander, Thomas J. Stryker.
_Pennsylvania._--Thomas White, James Pollock, William M. Meredith,
David Wilmot, A.W. Loomis, Thomas E. Franklin, William McKennan.
_Delaware._--George B. Rodney, Daniel M. Bates, Henry Ridgely, John W.
Houston, William Cannon.
_Maryland._--John F. Dent, Reverdy Johnson, John W. Crisfield,
Augustus W. Bradford, William T. Goldsborough, J. Dixon Roman,
Benjamin C. Howard.
_Virginia._--John Tyler, William C. Rives, John W. Brockenbrough,
George W. Summers, James A. Seddon.
_North Carolina._--George Davis, Thomas Ruffin, David S. Reid, Daniel
M. Barringer, J.M. Morehead.
_Kentucky._--William O. Butler, James B. Clay, Joshua F. Bell, Charles
S. Morehead, James Guthrie, Charles A. Wickliffe.
_Ohio._--John C. Wright, Salmon P. Chase, William S. Groesbeck,
Franklin C. Backus, Reuben Hitchcock, Thomas Ewing, Valentine B.
Horton.
_Indiana._--Caleb B. Smith, Pleasant A. Hackleman, Godlove S. Orth,
E.W.H. Ellis, Thomas C. Slaughter.
_Iowa._--James W. Grimes, Samuel H. Curtis, William Vandever.
Mr. WICKLIFFE:--I move that the Secretary be authorized to employ one
or more assistants. I am advised that the Secretary cannot perform his
duties without assistance, and I see no objection to giving him this
authority.
The motion of Mr. WICKLIFFE was agreed to.
Mr. WICKLIFFE:--I now desire to call up the remaining portion of the
report of the Committee on Rules and Organization, and to move its
adoption at the present time. These Rules are substantially the same
as those which were adopted by the convention which proposed our
present Constitution. The rule which we have reported securing
secrecy, so far as our proceedings are concerned, has been made the
subject of much discussion in the committee; and it was at first
thought best to recommend a modification of it. But upon reflection
and consideration, and in view of the fact that, while the rule
reported requires that secrecy should be preserved in regard to all
that is said or done in this Conference, it does not prevent any
member from expressing his own hopes or predictions upon the final
result of our deliberations, we have thought best to let it remain as
it is.
Mr. SEDDON:--I desire to offer an amendment to this portion of the
report of the committee, which I will read for the information of the
Conference. It is as follows:
"_Resolved_, That no part of the Journal be published
without the order or leave of the Conference, and that no
copies of the whole or any part be furnished or allowed,
except to members, who shall be privileged to communicate
the same to the authorities or deliberative assemblies of
their respective States, when deemed judicious or
appropriate, under their instructions, and that nothing
spoken in the House be printed or otherwise published; but
private communications respecting the proceedings and
debates, while recommended to be with caution and reserve,
are allowed at the discretion of each member."
It may be thought, that in offering this resolution, I am seeking a
different end from the one I proposed yesterday, when I advocated the
proposition of excluding reporters from our sessions, and insisted
that our proceedings should be at all times under the seal of secrecy.
Such, however, is not my purpose. But some discretion must be allowed
us, in order that we may conform to and carry out the spirit of the
resolutions under which we respectively act. This is especially true
in relation to myself and my colleagues. The resolutions under which
we are acting, require that we should from time to time communicate to
the legislature of Virginia the proceedings of this body, and to
express our own opinions of the prospect which may exist of the
settlement of existing difficulties. The Commissioners from Virginia
would be placed in a delicate, not to say an awkward position, by the
adoption of a rule here which would absolutely prohibit such
communications. I hope my amendment may be adopted.
Mr. TUCK:--Would not the purpose of the gentleman from Virginia be
answered by giving any delegation leave to communicate any action
actually taken by the Conference, with their own opinions as to the
probable result of our deliberations?
Mr. SEDDON:--Those opinions would possess no value, unless the facts
and circumstances are communicated upon which they are founded. It is
very clear to me, that the best course will be to entrust to the
discretion of each member the privilege of making these
communications, trusting that he will not abuse the confidence thus
given.
Mr. WICKLIFFE:--I hope we have all come here with an earnest desire to
harmonize our conflicting opinions, and to unite upon some plan which
will settle our troubles and save the union of the States. The South
has spoken of the North in very severe terms, and the North has not
been slow in returning the compliment. If we come finally, to any
definite result satisfactory to either side, it must be by mutual
concessions, by confessing our sins to each other, and endeavoring to
live harmoniously together in future. In my judgment, secrecy is
absolutely indispensable to successful action here. I do not wish to
be precluded from abandoning a position to-morrow, if I see cause for
it, which I have taken to-day. If the proceedings, and especially the
debates of this Conference, are made public from day to day, they will
go into the newspapers and be made the subject of comment, favorable
or otherwise. The necessary result will be, that when a member is
understood to have committed himself to a particular proposition, or
any special course of policy, that pride of opinion, which we all
possess, will render any change of policy on his part difficult, if
not impossible. I should sincerely regret the adoption of the
resolution of the gentleman from Virginia.
Mr. RANDOLPH:--I move that the portion of the committee's report under
consideration, together with the resolution of Mr. SEDDON, be
recommitted to the Committee on Rules and Organization.
The motion of Mr. RANDOLPH was agreed to.
Mr. GUTHRIE:--I have an idea relating to the plan which should be
adopted to carry into effect the purpose of this Conference. I wish to
propose it. We have come together upon the invitation of the glorious
old commonwealth of Virginia, the mother of States and Statesmen. We
have come from the North and the South, from the East and the West, to
see whether our wisdom can devise some means to avert the dangers
which threaten to destroy this noble Republic, founded by the wisdom
and patriotism of our ancestors. I hope we are animated by a common
purpose. The storm is threatening. The horizon is covered with dark
and portentous clouds. Section is arrayed against section, and already
_seven_ of our sister States have separated from us and are proceeding
to establish an independent Confederation. War! Civil War! is
impending over us. It must be averted! Who does not know that such a
war, among such a people, must be, if it comes, a war of
extermination.
Mr. PRESIDENT, I move the adoption of the resolution which I now send
to the chair.
The resolution of Mr. GUTHRIE was read as follows:
_Resolved_, That a committee of one from each State be
appointed by the Commissioners thereof, to be nominated to
the President, and to be appointed by him, to whom shall be
referred the resolutions of the State of Virginia, and the
other States represented, and all propositions for the
adjustment of existing difficulties between States, with
authority to report what they may deem right, necessary, and
proper to restore harmony and preserve the Union, and that
they report on or before Friday next.
Mr. SEDDON:--It appears to me that the mode pointed out by the
resolution introduced by the gentleman from Kentucky, is neither the
one most appropriate nor expeditious for accomplishing the result
desired. We are convened under the invitation of the State of
Virginia; and the same invitation that brings us here, proposes the
basis for our deliberation and action. Virginia has stated what will
be satisfactory to her; not as an _ultimatum_, but as a basis of
adjustment. It appears to me that the proper course would be, to take
up the propositions of Virginia--propose amendments to them--discuss
them, and in the end determine how far they shall be adopted. The
adoption of the resolution proposed, transfers the labors of this
Conference, not in itself too large for convenient deliberation, to a
committee. That committee is to discuss the various propositions
offered and report the result. What, in the mean time, is this
Conference to do? Nothing whatever! We are to meet here from day to
day and adjourn, no one knows how long, until this committee reports,
and then the discussion will commence which ought to commence now. Mr.
PRESIDENT, if any thing is accomplished, it must be accomplished
speedily. Events are on the wing. Already in my State the delegates
are elected to a Convention, which is to meet next week, to consider
the subject which now engrosses the minds of the American people. I
hope my suggestion may meet with favor in the Conference.
Mr. EWING:--I cannot agree with the gentleman from Virginia, for
reasons which must be obvious to all. I do not think Virginia intended
to dictate the terms upon which we were to act. I am in favor of the
resolution, but would make one suggestion in relation to it. By its
terms the committee is to report on Friday, if it can properly do so.
I suggest that the committee should have leave to sit during the
sessions of the Conference. In this way our business may be greatly
expedited.
Mr. GUTHRIE:--It gives me pleasure to accept the modification proposed
by the gentleman from Ohio. I should have incorporated it into my
resolution.
The resolution as modified was then adopted by the Conference without
a division.
The PRESIDENT:--I will take this occasion to announce a committee to
carry into effect the determination of the Conference relating to the
obtaining of the services of clergymen to open the proceedings of the
Conference daily with prayer. The Chair appoints as such committee,
Mr. RANDOLPH, of New Jersey, Mr. WICKLIFFE, of Kentucky, and Mr.
JOHNSON, of Maryland.
Mr. JOHNSON:--It appears to me very appropriate, in view of the
occasion which has brought us together, that the members of this
Conference should pay their respects in a body to the President of the
United States. I therefore move that we call upon him in a body at
such a time as will be most agreeable to him; such time to be
ascertained by the President of this Conference.
Which motion was unanimously agreed to.
Mr. CLAY:--I move the reconsideration of the vote by which the portion
of the report of the Committee on Rules and Organization not yet
adopted was recommitted to that committee. I do this in order that the
Conference may now proceed to the consideration of those rules which
may be adopted without much difference of opinion.
The vote was thereupon reconsidered, and the following rules were
severally read and adopted. The remaining rules recommended were
recommitted to the committee:
RULES.
I. A Convention to do business, shall consist of the Commissioners of
not less than seven States; and all questions shall be decided by the
greater number of those which be fully represented. But a less number
than seven may adjourn from day to day.
II. Immediately after the President shall have taken the chair, and
the members their seats, the minutes of the preceding day shall be
read by the Secretary.
III. Every member, rising to speak, shall address the President; and
while he shall be speaking none shall pass between them, or hold
discourse with another, or read a book, pamphlet, or paper, printed or
manuscript; and of two members rising to speak at the same time, the
President shall name him who shall first be heard.
IV. A member shall not speak oftener than twice, without special
leave upon the same question; and not a second time before every other
who had been silent shall have been heard, if he choose to speak upon
the subject.
V. A motion made and seconded, shall be repeated; and if written, as
it shall be when any member shall so require, read aloud by the
Secretary before it shall be debated; and may be withdrawn at any time
before the vote upon it shall have been declared.
VI. Orders of the day shall be read next after the minutes, and either
discussed or postponed, before any other business shall be introduced.
VII. When a debate shall arise upon a question, no motion, other than
to amend the question, to commit it, or to postpone the debate, shall
be received.
VIII. A question which is complicated, shall, at the request of any
member, be divided and put separately upon the propositions of which
it is compounded.
IX. A writing which contains any matter brought on to be considered,
shall be read once, throughout, for information; then by paragraphs,
to be debated, and again with the amendments, if any, made on the
second reading, and afterwards the question shall be put upon the
whole, as amended or approved in the original form, as the case may
be.
X. Committees shall be appointed by the President, unless otherwise
ordered by the Convention.
XI. A member may be called to order by another member, as well as by
the President, and may be allowed to explain his conduct or
expressions supposed to be reprehensible. And all questions of order
shall be decided by the President, without appeal or debate.
XII. Upon a question to adjourn for the day, which may be made at any
time, if it be seconded, the question shall be put without debate.
XIII. When the Convention shall adjourn, every member shall stand in
his place until the President pass him.
XIV. That no member be absent from the Convention, so as to interrupt
the representation of the State, without leave.
XV. That Committees do not sit while the Convention shall be, or ought
to be sitting, without leave of the Convention.
XVI. That no copy be taken of any entry on the Journal, during the
sitting of the Convention, without leave of the Convention.
XVII. That members only be permitted to inspect the Journal.
XVIII. _Mode of Voting._ All votes shall be taken by States, and each
State to give one vote. The yeas and nays of the members shall not be
given or published--only the decision by States.
After the adoption of the foregoing Rules, the Conference adjourned
until 10 o'clock to-morrow morning.
FOURTH DAY.
WASHINGTON, THURSDAY, _February 7th, 1861._
The Conference convened, pursuant to the adjournment yesterday, at 10
o'clock A.M.
It was called to order by President TYLER, and prayer was offered by
Rev. Dr. PYNE, of Washington.
The Journal of yesterday was read, and after sundry amendments, was
approved.
Messrs. J.H. PULESTON, JOHN STRYKER, W.W. HOPPIN, Jr., and ----
Olcott, took their places as Assistant Secretaries.
President TYLER:--Gentlemen of the Conference, as directed by the
resolution which you adopted yesterday, I addressed a note to the
President of the United States, asking at what hour it would be
agreeable to him that this Conference should call on him in a body. To
this note I have received a reply which will be read by the Secretary.
The Secretary then read the following note from the President:
EXECUTIVE MANSION, _February 6th, 1861._
My DEAR SIR:--I shall feel greatly honored to receive the
gentlemen composing the Convention of Commissioners from the
several States, on any day and at any hour most convenient
to themselves. I shall name to-morrow (Thursday) at 11 or 3
o'clock, though any other time would be equally agreeable to
me. I shall at all times be prepared to give them a cordial
welcome.
Yours, very respectfully,
JAMES BUCHANAN.
His Excellency, JOHN TYLER.
The PRESIDENT:--What order will the Conference take upon the subject?
Mr. GUTHRIE:--I move that the members of this Conference call in a
body upon the President of the United States this morning, at 11
o'clock.
Mr. GUTHRIE'S motion was adopted unanimously.
Mr. SUMMERS:--I am instructed by the Committee on Credentials further
to report, that the committee have examined the credentials of the
following gentlemen, and find them duly accredited as members of this
body:
_New York._--William E. Dodge.
_Tennessee._--Samuel Milligan, Josiah M. Anderson, Robert L.
Carruthers, Thomas Martin, Isaac R. Hawkins, R.J. McKinney, Alvin
Cullom, William P. Hickerson, George W. Jones, F.K. Zollicoffer,
William H. Stephens, A.W.O. Totten.
_Illinois._--John Wood, Stephen T. Logan, John M. Palmer, Burton C.
Cook, Thomas J. Turner.
Which report was accepted, and the names of the Commissioners were
entered upon the record.
Mr. WICKLIFFE:--Certain printing has been ordered, but no provision
has been made for paying for it. The Committee on Rules have therefore
requested me to report the following resolution:
_Resolved_, That the Secretary procure for the use of the
Convention the necessary stationery, and also provide for
such printing as may be ordered. That the Journal, up to and
including this day's proceeding, as well as the Rules, be
printed for the use of the members.
The resolution of Mr. WICKLIFFE was agreed to.
The PRESIDENT:--The respective delegations have recommended, and the
Chair announces the names of the following gentlemen to compose the
committee ordered to be raised under the resolution of Mr. GUTHRIE,
which was adopted yesterday:--New Hampshire, Asa Fowler; Vermont,
Hiland Hall; Rhode Island and Providence Plantations, Samuel Ames;
Connecticut, Roger S. Baldwin; New Jersey, Joseph F. Randolph;
Pennsylvania, Thomas White; Delaware, Daniel M. Bates; North Carolina,
Thomas Ruffin; Kentucky, James Guthrie; Ohio, Thomas Ewing; Indiana,
Caleb B. Smith; Illinois, Stephen T. Logan; Iowa, James Harlan;
Maryland, Reverdy Johnson; Virginia, James A. Seddon.
Mr. WICKLIFFE:--The Committee on Rules have further considered the
rule relating to the secrecy of the debates and proceedings of this
body, and their convictions as to the necessity and propriety of its
adoption remain unchanged. The prospect of an ultimate agreement among
the Commissioners composing this body, in the opinion of the
committee, would be materially lessened if all or any of its debates
should be made public, for reasons which have already been stated. If
any gentleman should desire to communicate with the Executive or
Legislative authorities of his State any facts, during the progress of
our business, I apprehend little difficulty would be experienced in
obtaining the leave of the Convention. We therefore recommend the
following Rule:
XIX. That nothing spoken in the Convention be printed, or
otherwise published or communicated, without leave.
Mr. SEDDON:--I do not desire to discuss the adoption of the rule under
consideration any further than I have already. The Commissioners from
the State of Virginia are appointed under resolutions which make it
their duty to communicate from time to time with her deliberative
assemblies. We do not wish to have our right to do so subject to the
action of this or any other body. It is no answer to this to say, that
there is no doubt that the leave to make the necessary communications
will be accorded to us when we ask it. We do not wish to ask it. We
insist upon our rights in this respect, as it is our duty to the State
that sent us here to do.
The rule was adopted upon a count of the members voting.
On motion, the Convention adjourned.
After the adjournment, the Convention in a body called upon the
PRESIDENT of the UNITED STATES, when the several delegations were
introduced by President TYLER, and the several Commissioners were
presented by the chairmen of the several delegations.
FIFTH DAY.
WASHINGTON, FRIDAY, _February 8th, 1861._
The Convention was called to order at 12 o'clock by President TYLER.
Prayer was offered by Rev. Dr. BUTLER. After sundry amendments, the
Journal was approved.
Mr. SUMMERS:--I am directed by the Committee on Credentials to report
that they find the following gentlemen duly accredited as members of
the Convention:
_New York._--David Dudley Field, William Curtis Noyes, James S.
Wadsworth, Erastus Corning, Amaziah B. James, James C. Smith, Addison
Gardner, Greene C. Bronson, John A. King, John E. Wool.
_Massachusetts._--John Z. Goodrich, John M. Forbes, Richard P. Waters,
Theophilus P. Chandler, Francis B. Crowninshield, George S. Boutwell,
Charles Allen.
_Missouri._--John D. Coalter, Alexander W. Doniphan, Waldo P. Johnson,
Aylett H. Buckner, Harrison Hough.
On motion of the respective delegations the following gentlemen were
added to the committee raised on the resolution of Mr. GUTHRIE:
_New York._--Mr. Field.
_Missouri._--Mr. Doniphan.
_Tennessee._--Mr. Zollicoffer.
Mr. GUTHRIE:--I am instructed by the committee raised upon the
resolution introduced by myself, to inform the Convention that that
body is not able to report to-day, agreeable to the suggestion made at
the time they were appointed. Several States are yet unrepresented on
the committee, and delegations from some of them have only arrived
this morning. I am therefore directed to ask for further time to make
a report, assuring the Convention, at the same time, that a report
will be made at soon as a proper regard to the interests of all
sections will permit it to be done.
Mr. CLAY:--I move that the time for the report of the committee be
extended until Monday next. As in the mean time there will be little
business for the Convention to do, and that of a formal character, it
might be as well to adjourn from this time until Monday; and I move
further, that if delegates arrive from States now unrepresented, they
may present their credentials to the committee, and if no question
arises on them, they may then select a member of the committee on Mr.
GUTHRIE'S resolution, and report his name to the Secretary of that
committee.
Mr. SEDDON:--I object to an adjournment until Monday. We can meet here
to-morrow and do any business which may come before us.
The several motions of Mr. CLAY, with the alteration suggested by Mr.
SEDDON, were then agreed to without a division.
Mr. ELLIS:--I move that the President be requested to issue cards of
admission to the members and officers of this Convention.
Which motion was adopted.
Mr. HITCHCOCK:--I would like to understand whether we all construe the
rule referring to the secrecy of our transactions alike. I am told
that different constructions are placed upon it by different members,
and would suggest the propriety of the PRESIDENT'S giving his views of
the meaning of the rule.
The PRESIDENT:--I understand, by the correct interpretation of the
rule, that nothing which is said or done in the Convention having
reference to any subject of business in it, can be spoken of or
disclosed to any but members.
The Convention then adjourned.
SIXTH DAY.
WASHINGTON, SATURDAY, _February 9th, 1861._
The Convention was called to order by the PRESIDENT. Prayer was
offered by Rev. Dr. BULLOCK. The Journal was read, corrected, and
approved.
Mr. SUMMERS:--I am directed by the Committee on Credentials to report
as members of this Convention the names of the following gentlemen
from the State of Maine:--William P. Fessenden, Lot M. Morrill, Daniel
E. Somes, John J. Perry, Ezra B. French, Freeman H. Morse, Stephen
Coburn, Stephen C. Foster.
Mr. MORRILL, of Maine, and Mr. CROWNINSHIELD, of Massachusetts, were
announced as members of the committee under the resolution of Mr.
GUTHRIE.
Mr. TUCK:--I offer certain resolutions, which I desire to have printed
and referred to the Committee on Resolutions.
The resolutions of Mr. TUCK were read, ordered to be printed, and
referred. (These resolutions will be found on a subsequent page.)
Mr. CLAY:--I hold in my hand the proceedings of a very large
Democratic meeting recently held at New Haven, in the State of
Connecticut. Among them are certain resolutions, breathing a spirit of
fervent devotion to the Union, and expressing an anxious desire for
the settlement of the difficult questions now before the country. They
have been sent to me with a request that I should lay them before this
Convention. Why I was selected by them for the performance of this
duty, I do not know, unless it was because, from my name and
associations, they thought an assurance might be found that I
participated in the sentiments expressed in the resolutions. I present
them with great pleasure, and ask that they may be referred to the
Committee on Resolutions.
The motion of Mr. CLAY was agreed to.
Mr. RANDOLPH:--I move that the Secretary be requested to furnish for
the use of the members a printed list of the delegates to and officers
of this Convention.
Which motion was adopted, and the Convention adjourned.
SEVENTH DAY.
WASHINGTON, MONDAY, _February 11th, 1861._
The Convention was called to order by the PRESIDENT. Prayer was
offered by Rev. Dr. GURLEY.
After the reading and amendment of the Journal, Mr. GUTHRIE, from the
Committee on Resolutions, asked for further time to make a general
report of the matters submitted to them, which was given; and
thereupon Mr. GUTHRIE, from the same Committee, made the following
report upon the resolutions of a meeting in the State of Connecticut,
which were referred to that committee on motion of Mr. CLAY:
The committee to whom were referred certain resolutions of
the Democratic party of the State of Connecticut, report
that in the opinion of the committee it is inexpedient for
this Convention to act upon any resolution purporting to
emanate from any political party whatever; and that the
member of the Convention by whom they were presented have
leave to withdraw the same.
The PRESIDENT:--I take this opportunity to announce to the Convention
that the Door-keeper of the House of Representatives has transmitted
to the Chair cards admitting members of this body on to the floor of
the House. These cards will be delivered by the Secretary to such
members as call for them.
Mr. CHASE:--I move that any propositions or resolutions which members
of this Convention desire to have considered by the Committee on
Resolutions and Propositions, may be presented to the committee
through the Secretary, without being presented in Convention.
The motion was agreed to, and on motion the Convention adjourned until
Wednesday the 13th instant, at 12 o'clock M.
EIGHTH DAY.
WASHINGTON, WEDNESDAY, _February 13th, 1861._
The Convention was called to order by the PRESIDENT, and prayer was
offered by Rev. Dr. EDWARDS. The Journal, after sundry amendments, was
approved.
Mr. GUTHRIE:--The Committee on Resolutions, &c., have labored
diligently, and held protracted sessions, in the hope of being able to
make their report to-day. This they find themselves unable to do. They
are fully impressed with the necessity of immediate action, in view of
the short time that will remain for Congress to consider the action of
this Convention, if it shall become necessary to submit any
proposition of this body to be acted upon by that. I have no doubt we
shall be able to report on Friday, and I ask that we may have until
that time to make a report.
The request of Mr. GUTHRIE was acceded to.
Mr. SEDDON:--The time has now arrived when, as one of the
Commissioners from the State of Virginia, I find it necessary to ask
the leave of the Convention to communicate to the Legislative
authorities of Virginia, and to her Convention now in session, the
state of the proceedings before this body, and the committee. I ask
for liberty to do so, and believe that a proper regard to the
instructions of the Legislature of the State under which my
appointment is made, requires that my request should be granted.
Mr. BARRINGER offered the following resolution:
_Resolved_, That the Commissioners of any State represented
in this Convention, upon their joint application, have leave
to communicate to the Legislature, Governor, or Convention
of said State, the proceedings of this body, or so much
thereof as they may deem expedient.
Mr. SEDDON:--The passage of this resolution is all I ask.
Mr. FRELINGHUYSEN:--I move to amend the resolution by adding thereto:
"But not to communicate what has transpired in the committee, before
said committee has reported to the Convention."
Mr. SEDDON:--I do not deem the passage of the resolution at this
moment as very important. At the suggestion of several gentlemen, I
will move to lay it on the table, subject to be called up after
Friday.
The Convention then adjourned to Friday at 12 o'clock.
On the evening of February 13th, the members of the Conference were
informed of the death of Hon. JOHN C. WRIGHT, of Ohio, who officiated
as temporary chairman previous to the permanent organization. In view
of the anxious desire of all the members to recognize their
appreciation of this act of Divine Providence, in removing from the
sphere of his earthly labors one of the most valued Commissioners in
attendance, President TYLER was requested to summon a special meeting
of the Conference. In pursuance of his invitation, all the members
attended on the morning of February 14th, when the following
proceedings were had:
THURSDAY, WASHINGTON CITY, _February 14th, 1861._
The Convention met in special session, pursuant to the call of the
President.
The proceedings were opened with prayer by the Rev. Dr. HALL.
The following letter from the Secretary, CRAFTS J. WRIGHT, was read,
and ordered to be entered upon the minutes:
WILLARD'S HOTEL, }
WASHINGTON CITY, _February 13th, 1861._ }
_Hon._ JOHN TYLER, _President of Conference Convention._
DEAR SIR:--I grieve to communicate to you the fact, that the
delegate from Ohio to this Conference Convention, the Hon.
JOHN C. WRIGHT, departed this life this day, the 13th
February, at half-past one o'clock.
Judge WRIGHT came to this Convention with a heart filled
with fear for the safety of the Union. Though at an advanced
age and nearly blind, he was filled with an earnest desire
to add his efforts to that of others of the Convention
called by the State of Virginia, and seek to agree on some
measures honorable to each and all, to effect the object.
Since the arrival of my father in Washington, he has been
constant in his efforts to effect the end in view, and he
has had his heart cheered with the belief that the object
would be accomplished. Almost the last words that he uttered
were, that he believed the Union would be preserved. He
desired me to say, if the Union were preserved, he would die
content. He called me to read to him, at 12 o'clock, the
sections in the Constitution in regard to counting the
votes, and this request, and this reading, terminated his
knowledge on earth. In this desire of my father to do what
he could, he pressed me to accompany him on account of his
blindness. Since the Convention honored me with the
appointment of Secretary, he required of me a promise that I
would not leave the position. When I read the section of the
Constitution to him, he required me then to leave him for
the Convention. Whatever my personal feelings may be, I deem
the pledge made sacred. I therefore ask that I may have
leave of absence, until I carry the remains home to Ohio,
and return to my duty.
Respectfully,
CRAFTS J. WRIGHT.
P.S.--J. HENRY PULESTON will act for me in my absence.
The PRESIDENT informed the Convention that the request of the
Secretary had been complied with. The PRESIDENT asked what action the
Convention proposed to take on the subject for which they had been
specially assembled.
The Hon. SALMON P. CHASE, of Ohio, then said:--Mr. PRESIDENT, since we
assembled yesterday in this Hall, it has pleased God to remove one of
our number from all participation in the concerns of earth. It is my
painful duty to announce to the Convention that JOHN C. WRIGHT, one of
the Commissioners from Ohio, is no more. Full of years, honored by the
confidence of the people, rich in large experience and ripened wisdom,
and devoted in all his affections and all his powers to his country,
and his whole country, he has been called from our midst at the very
moment when the prudence and patriotism of his counsels seemed most
needed. Such are the mysterious ways of Divine Providence. Judge
WRIGHT was born in Wethersfield, Connecticut, on the 10th of August,
1784. The death of his parents made him an orphan in infancy; and he
had little to depend upon in youth and early manhood, save his own
energies and God's blessing. He was married, while young, to a
daughter of Thomas Collier, of Litchfield, and for several years after
resided at Troy, New York. When about twenty-six years old he removed
to Steubenville, in Ohio, where he commenced the practice of the law,
and rapidly rose to distinction in the profession. In 1822 he was
elected a representative in Congress, where he became the associate
and friend of Clay and Webster, and proved himself, on many occasions,
worthy of their association and friendship.
After serving several terms in Congress, he was elected a Judge of the
Supreme Court of Ohio, and, in 1834, removed from Steubenville to the
city of Cincinnati. Resigning his seat soon afterwards, he resumed
the labors of the bar, and, ever zealous for the improvement and
elevation of the profession, established, in association with others,
the Cincinnati law school.
In 1840, upon the dying request of CHARLES HAMMOND, the veteran editor
of the "Cincinnati Gazette," Judge WRIGHT assumed the editorial
control of that Journal, and retained that position until impaired
vision, in 1853, admonished him of the necessity of withdrawing from
labors too severe.
Thenceforward engaged in moderate labors, surrounded by affectionate
relatives, enjoying the respect and confidence of his fellow-citizens,
and manifesting always the liveliest concern in whatever related to
the welfare and honor of his State and his country, he lived in
tranquil retirement, until called by the Governor of Ohio, with the
approbation of the Senate, to take part in the deliberations of this
Conference Convention.
It was but a just tribute, sir, to his honored age, illustrated by
abilities, by virtues, and by services, that he was unanimously
selected as its temporary President. His interest in the great purpose
of our assembling was profound and earnest. His labors to promote an
auspicious result of its deliberations were active and constant. And
when fatal disease assailed his life, and his enfeebled powers yielded
to its virulence, his last utterances were of the Constitution and the
Union.
Mr. PRESIDENT, Judge WRIGHT was my friend. His approval cheered and
encouraged my own humble labors in the service of the State. Pardon me
if I mingle private with public grief. He has gone from his last great
labor. He was not permitted to witness upon earth the result of the
mission upon which he and his associates, who here mourn his loss,
were sent. God grant that the clouds which now darken over us may
speedily disperse, and that through generous counsels and patriotic
labors, guided by that good Providence which directed our fathers in
its original formation, the Union of our States may be more than ever
firmly cemented and established.
Mr. PRESIDENT, I offer the following resolutions:
_Resolved_, That in the death of our late venerable
colleague, the Hon. JOHN C. WRIGHT, we mourn the loss to the
State of Ohio, and to the nation at large, of one of our
most sagacious statesmen and distinguished patriots; and to
the cause of Union and conciliation, one of its most
illustrious supporters.
_Resolved_, That while we deplore with saddened hearts the
affliction with which an All-wise Providence has visited us,
we know that no transition from life to immortality could
have been more grateful to him who has fallen than this, in
which his life has been offered a willing sacrifice in an
effort to restore harmony to his distracted country.
_Resolved_, That the members of this Convention tender their
heartfelt sympathies to the family of the deceased in this
their great affliction.
_Resolved_, That these resolutions be spread upon the
records of this body, and a copy of the same be transmitted
to the family of the deceased.
Mr. CHARLES A. WICKLIFFE, of Kentucky, moved the adoption of the
resolutions, and said:
Mr. PRESIDENT, I rise to tender my most cordial sanction and second to
the resolutions which have just been read.
Mr. WRIGHT and myself entered the councils of this nation thirty-seven
years ago. We served together during a period when party excitement
ran high upon questions more of a personal than a constitutional
character. I can bear witness not only to his ability, but to his
personal integrity, and his purity of political action through our
term of service in the House of Representatives. I have seldom met him
since we separated at the termination of his service and mine in that
body, which occurred at pretty near the same period; but whenever I
have met him, I have found him the same stern advocate of the Union
and of constitutional liberty. I rejoiced, therefore, when I found him
in this hall on the day we first assembled here. I knew his
conservative disposition and principles, and I promised myself that
with his aid I could be more useful to my country and to my State than
without him. In conversing with him upon the difficulties which now
divide and distract our common country, I found him ready and willing,
conscientiously and patriotically, to do that which I thought that
portion of the country which I represent has a right to demand and
expect of those who represent a different portion of our Union. And if
my friend from Ohio (Mr. CHASE) and his colleagues will permit me to
mingle my sorrow at the public loss, I will say nothing of the private
bereavement of the family of our deceased colleague. I leave him to
his country, and to you, with this testimony which I leave to his
memory, his honesty of purpose and his patriotic love of country.
The Hon. A.W. LOOMIS, of Pennsylvania, said:
Mr. PRESIDENT, I desire to mingle my sincere regrets with those of the
members of this assemblage at the sad and unexpected occurrence which
deprived us of an able, experienced, and patriotic associate. My
relations with the deceased were, for many years, probably more
intimate than those which existed between him and any other member of
this Convention. Forty years have elapsed since I first made his
acquaintance. He was then in full, active, and extensive practice; a
learned lawyer, an accomplished, skilful, and successful advocate.
During the succeeding year I came to the bar, and resided and
practiced in the same judicial circuit with our departed friend. For
many years the most kind and intimate relations existed between
us--sometimes colleagues, but usually opponents. So kind and genial
was his nature, so fair and liberal his practice, that during our
entire intercourse not an unkind word was uttered, and, so far as I
know or believe, not an unpleasant feeling existed in the bosom of
either.
Though not gifted with the highest order of eloquence, he was clear,
distinct, and persuasive. His style of speaking resembled not the
babbling brook or the dashing cataract, but usually the limpid stream,
gliding gracefully amid fields and fruits and flowers, though
sometimes assuming the power and proportions of the majestic river,
cutting its sure and certain way to the mighty ocean.
His professional position, his kindness of heart, and genial humor,
made him an object of high respect and warm regard among his
professional brethren. And now, sir, as memory passes in review the
pleasant incidents which marked our social and professional
intercourse, the smitten heart shrinks in sadness and sorrow from the
contemplation of our bereavement. He adorned, sir, the bar, the bench,
and the halls of Legislation. He discharged, in all the relations of
life, his obligations with fidelity. Of him it might be truly said:
His life hath flowed a sacred stream, in whose calm depths
The beautiful and pure alone are mirrored;
Which, though shapes of ill may hover o'er the surface,
Glides in light, and takes no shadows from them.
But, sir, the great crowning virtue and glory of his life was his
acceptance of the mission which brought him here. Though whitened by
the frosts of nearly eighty winters, neither lofty mountains nor
intervening space could restrain his patriotic heart from a prompt
response to the call of his country to mingle his influence in a
sincere and sacred effort to save the Constitution and perpetuate the
Union. He accepted the great trust; he mingled in our deliberations,
and has fallen in the discharge of his duty. He has justly earned a
title to the gratitude and respect of his country. May we not, sir,
fondly hope that he, who was called from the discharge of such duties
to the presence of his God, has passed from the sorrows of earth to
the happiness of Heaven, and to the full fruition of joys pure,
perfect, and eternal?
The Hon. THOMAS EWING, of Ohio, said:--I rise to bear my tribute of
respect to the memory of the deceased. I have known him long. On my
first entrance into active life, at the bar, I found him an able and
distinguished member. Since that time down to the present day, he has
been largely associated, in mind and person, with all the acts and
progress, professional and political, of my life. I feel his loss
intensely; and I feel it with more regret, because I know that on this
occasion his voice would have been potential in our counsels, and
would have been united with all of us who labor most earnestly for the
preservation of the Union.
I tender my sympathies to the family of the deceased. I unite with
them in their regrets and in their hopes of the happy future to which
he may have attained.
The Hon. WILLIAM C. RIVES, of Virginia, said:--Though wholly
unprepared to say any thing worthy of the solemnity of this occasion,
I feel that I should be wanting, sir, in that sentiment of respect
which is due to the character of a distinguished citizen, if I were
not to add to what has been so eloquently spoken by others, a few
words of personal recollection in regard to our deceased friend Judge
WRIGHT. It so happened that we entered the public councils of the
country at the same moment, and continued in them for the same period
of time. It is now just thirty-seven years since I had the pleasure of
meeting Judge WRIGHT, for the first time, in the House of
Representatives of the United States. I may be permitted to say, that
there were giants in those days. My honorable friend from Kentucky
(Governor WICKLIFFE), who has already so feelingly addressed the
Convention, will recollect that on the roll of the House of
Representatives at that time stood the names of WEBSTER and EVERETT,
of OAKLEY and STORRS, of SARGEANT and of HEMPHILL, of LEWIS McLANE, of
the immortal CLAY, and BARBOUR and RANDALL, and other gentlemen known
to fame from the State which I have the honor to represent in this
body, and LIVINGSTON of Louisiana, McDUFFIE and HAMILTON of South
Carolina, and other gentlemen who, on the spur of the occasion, I am
not now able to recall, but whose names will forever shine upon the
rolls of their country's glory. And yet in that body Judge WRIGHT,
then in the maturity of his powers, though not previously known to the
nation, vindicated an equal rank in debate with those gentlemen whose
names I have mentioned. Sir, I shall never forget with what
earnestness, with what manliness, with what integrity, with what
ability, he ever uttered his convictions of public duty, whatever they
were, in that consecrated hall.
After remaining here, I think, for six years, he retired to his own
State for the purpose of assuming the duties of a highly-important and
dignified office, which was soon followed by his retirement into the
bosom of private life, where he met a rich and ample solace for the
storms of his public career. He was followed there by the respect of
his fellow-citizens throughout the country, and the confidence of his
own State, as we have recently seen, by his being called from that
honorable retirement to take part in the grave and solemn duties of
this assembly. Sir, he came among us in obedience to the solemn call
of patriotic duty, at a most exigent and distressing period in our
national annals. He came here on an errand of peace, in the spirit of
peace and conciliation. Such was the feeling entertained toward him by
the whole of this assembly, that without the slightest preconcert, so
far as I know, he was invited by general consent to preside during the
preliminary stages of the organization of this Convention. I had an
opportunity, from time to time, of private conversation with the aged
statesman. I found no member of the assembly I met here, and, indeed,
I have found nowhere any citizen of this wide Republic of ours, whose
heart was more deeply imbued with the spirit of conciliation and of
peace--of that spirit which was so solemnly and impressively uttered
in his last prayer, "May the Union be preserved." Sir, it is not
given to mortal man to choose the manner of his death; but if such
were the privilege accorded to any human being, what more glorious end
could he, appreciating a true fame, covet, than that which has been
the lot of our departed friend? Sir, I speak what I feel, and I dare
say I express a sentiment which has impressed itself upon many other
bosoms in this assembly, when I say that his sudden death in the midst
of our deliberations, seems to me to exalt--in some degree to
canonize--our labors. This manifestation of the visible hand of God
among us, brings us in the immediate presence of those solemn
responsibilities which attach themselves to the discharge of our
duties here. I doubt not that every member of this assembly is already
deeply impressed with the solemnity of those duties, and I feel
convinced that there are few, if any, in this assembly, who would not
lay down their fleeting and feverish existence, and follow our
deceased brother to his final account, if by doing so they could
restore peace and harmony to this glorious Republic of ours.
It does not become me to make any professions of devotion to my
country--to my whole country--but this I will say, in the spirit of
the last prayer of my friend, that I should regard my poor life, such
as it is, a cheap purchase--the cheapest imaginable purchase--for that
great boon to our country, the restoration of its peace, of its
harmony, of its unity, of its ancient confederated strength and glory.
The question was taken, and the resolutions were unanimously adopted.
The body of Judge WRIGHT was then brought into the hall, preceded by
Rev. Dr. HALL, who read the impressive service of the Episcopal
Church. A number of the members of the family, and of the friends of
the deceased, were present during the services.
The funeral cortege proceeded from the hall to the depot of the
Baltimore and Ohio Railroad.
The following gentlemen were designated to act as pall-bearers on the
occasion:
Mr. Ewing,
Mr. Hitchcock,
Mr. Chase,
Mr. Loomis,
Mr. Backus,
Mr. Wolcott,
Mr. Sherman,
Mr. Vinton,
Mr. Groesbeck,
Mr. Stanton,
Mr. Harlan,
Mr. Gurley.
The proceedings upon the death of Judge WRIGHT were, by the
Conference, ordered to be published, and the special session closed.
NINTH DAY.
WASHINGTON, FRIDAY, _February 15th, 1861._
The Convention was called to order by President TYLER, and prayer was
offered by Rev. Mr. RENNER. The Journals of the 13th and 14th were
read and approved.
The PRESIDENT:--I have this morning received several communications
from different persons, which will be laid before the Convention. One
is an invitation from HORATIO STONE, inviting the members of the
Convention to visit his studio; also, a resolution of the House of
Representatives, authorizing the admission of members of this
Convention to the floor of the House. Also, a letter from J.E. SANDS,
offering to the Convention certain flags which possess historical
interest, from the fact that they were used in the convention which
adopted the present Constitution of the United States. Also, a
communication from HORATIO G. WARNER.
The communications were severally read and laid upon the table.
Mr. SUMMERS:--I am instructed by the Committee on Credentials to
inform the Convention that the committee has received satisfactory
evidence of the appointment by the Executive of Ohio of C.P. WOLCOTT,
as a delegate to this Convention, in the place of JOHN C. WRIGHT,
deceased.
Mr. ORTH:--I desire to offer the following resolutions, which I ask to
have read for the information of the Convention. I have no purpose to
admit spectators to seats on this floor, but in my judgment it is the
right of the country to know what we are doing here. My constituents
will not be satisfied with my course, unless I take means to give the
public knowledge of all our transactions. I am aware that this is an
invasion of the rule already adopted, requiring secrecy, but in my
opinion no possible harm can come from the daily publication of our
debates. It is far better that true reports of these debates should be
made, than that the distorted and perverted accounts which we see
daily in the New York papers should be continued.
The resolutions were read, and are as follows:
_Resolved_, That Rules Sixteen (16) and Eighteen (18) of
this Convention be, and the same hereby are, rescinded.
_Resolved_, That the President is hereby authorized to grant
cards of admission to reporters of the press, not exceeding
---- in number, which shall entitle them to seats on the
floor of the Convention, for the purpose of reporting its
proceedings.
_Resolved_, That no person be admitted to the floor of the
Convention, except the members, officers, or reporters.
Mr. WICKLIFFE:--I do not wish to prolong this discussion myself, nor
to cause it to be prolonged by others. I am sure that if we permit our
debates to be reported, we shall never reach a conclusion which will
in the slightest degree benefit the country. Every member will in that
event wish to make a set speech, some of them three or four. I wish to
have our time used in consultation and in action, not consumed in
political speech-making. I do not care what the newspapers say of us.
I know their accounts are distorted; but they would be distorted if we
admitted reporters. Some of them assail us as a convention of
compromisers--as belonging to the sandstone stratum of politics.
Mr. CHASE:--That is the formation which supports all others.
Mr. WICKLIFFE:--I know it, and I hope this Convention will prove to be
the stratum which supports and preserves the Union and the country.
Let us go on as we have begun, preserving secrecy; keeping our own
counsels; making no speeches for outside consumption or personal
reputation. Let us all keep steadily in mind the accomplishment of the
great and good purpose which brought us here, and nothing else.
Mr. RANDOLPH:--New Jersey does not wish to have time consumed in
making speeches. I think we should proceed at once to hear the report
of the committee. I move that the resolutions offered be laid upon the
table.
Mr. ORTH:--I suppose this motion cuts off debate. I should much have
preferred to discuss the resolutions. I hope the motion will not
prevail.
The motion to lay on the table passed in the affirmative by a _viva
voce_ vote.
The PRESIDENT:--Is the General Committee upon Propositions prepared to
report? If it is, their report is now in order.
Mr. GUTHRIE:--That committee has given earnest and careful
consideration to the subjects and propositions which have from time to
time been presented to it. It has held numerous and protracted
sessions, and the differences of opinion naturally existing between
the members have been discussed in a spirit of candor and
conciliation. The committee have not been so fortunate as to arrive at
an unanimous conclusion. A majority of its members, however, have
agreed upon a report which we think ought to be satisfactory to all
sections of the Union, one which if adopted will, we believe,
accomplish the purpose so much desired by every patriotic citizen. We
think it will give peace to the country. In their behalf I have now
the honor to submit, for the consideration of the Conference, the
following:
PROPOSALS OF AMENDMENT TO THE CONSTITUTION OF THE UNITED
STATES.
ARTICLE 1. In all the territory of the United States not
embraced within the limits of the Cherokee treaty grant,
north of a line from east to west on the parallel of 36
degrees 30 minutes north latitude, involuntary servitude,
except in punishment of crime, is prohibited whilst it shall
be under a Territorial government; and in all the territory
south of said line, the status of persons owing service or
labor, as it now exists, shall not be changed by law while
such territory shall be under a Territorial government; and
neither Congress nor the Territorial government shall have
power to hinder or prevent the taking to said territory of
persons held to labor or involuntary service, within the
United States, according to the laws or usages of the State
from which such persons may be taken, nor to impair the
rights arising out of said relations, which shall be subject
to judicial cognizance in the federal courts, according to
the common law; and when any territory north or south of
said line, within such boundary as Congress may prescribe,
shall contain a population required for a member of
Congress, according to the then federal ratio of
representation, it shall, if its form of government be
republican, be admitted into the Union on an equal footing
with the original States, with or without involuntary
service or labor, as the Constitution of such new State may
provide.
ARTICLE 2. Territory shall not be acquired by the United
States, unless by treaty; nor, except for naval and
commercial stations and depots, unless such treaty shall be
ratified by four-fifths of all members of the Senate.
ARTICLE 3. Neither the Constitution, nor any amendment
thereof, shall be construed to give Congress power to
regulate, abolish, or control within any State or Territory
of the United States, the relation established or recognized
by the laws thereof touching persons bound to labor or
involuntary service therein, nor to interfere with or
abolish involuntary service in the District of Columbia
without the consent of Maryland and without the consent of
the owners, or making the owners who do not consent just
compensation; nor the power to interfere with or prohibit
representatives and others from bringing with them to the
City of Washington, retaining, and taking away, persons so
bound to labor; nor the power to interfere with or abolish
involuntary service in places under the exclusive
jurisdiction of the United States within those States and
Territories where the same is established or recognized; nor
the power to prohibit the removal or transportation, by
land, sea, or river, of persons held to labor or involuntary
service in any State or Territory of the United States to
any other State or Territory thereof where it is established
or recognized by law or usage; and the right during
transportation of touching at ports, shores, and landings,
and of landing in case of distress, shall exist. Nor shall
Congress have power to authorize any higher rate of taxation
on persons bound to labor than on land.
ARTICLE 4. 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 service or labor is due.
ARTICLE 5. The foreign slave-trade and the importation of
slaves into the United States and their Territories, from
places beyond the present limits thereof, are forever
prohibited.
ARTICLE 6. The first, second, third, and fifth articles,
together with this article 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.
ARTICLE 7. 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, or when, after
arrest, such fugitive was rescued by force, and the owner
thereby prevented and obstructed in the pursuit of his
remedy for the recovery of such fugitive.
Mr. BALDWIN:--I have not been able to concur in opinion with those
members of the committee who have presented the propositions just
submitted. I do not deem them fair or equitable to the Free States,
nor do I think they are likely to secure approval in those States. As
one member of the minority, I have drawn up a report embodying my own
views and perhaps those of some of my colleagues, which I now present
for the consideration of the Conference:
MR. BALDWIN'S MINORITY REPORT.
The undersigned, one of the minority of the committee of one
from each State, to whom was referred the consideration of
the resolutions of the State of Virginia, and the other
States represented, and all propositions for the adjustment
of existing differences between the States, with authority
to report what they deem right, necessary, and proper to
restore harmony and preserve the Union, and report thereon,
entered upon the duties of the committee with an anxious
desire that they might be able to unite in the
recommendation of some plan which, on due deliberation,
should seem best adapted to maintain the dignity and
authority of the Government of the United States, and at the
same time secure to the people of every section that perfect
equality of right to which they are entitled.
Convened, as we are, on the invitation of the Governor of
Virginia, in pursuance of the resolutions of the General
Assembly of that State, with an accompanying expression of
the deliberate opinion of that body that, unless the unhappy
controversy which now divides the States shall be
satisfactorily adjusted, a permanent dissolution of the
Union is inevitable; and, being earnestly desirous of an
adjustment thereof, in concurrence with Virginia, in the
spirit in which the Constitution was originally formed, and
consistently with its principles, so as to afford to the
people of all the States adequate security for all their
rights, the attention of the undersigned was necessarily led
to the consideration of the extent and equality of our
powers, and to the propriety and expediency, under existing
circumstances, of a recommendation by this Conference
Convention of any specific action by Congress, whether of
ordinary legislation, or in reference to constitutional
amendments to be proposed by Congress on its own
responsibility to the States.
A portion of the members of this Convention are delegated by
the Legislatures of their respective States, and are
required to act under their supervision and control, while
others are the representatives only of the Executives of
their States, and, having no opportunity of consulting the
immediate representatives of the people, can only act on
their individual responsibility.
Among the resolutions and propositions suggesting modes of
adjustment appropriate to this occasion which were brought
to the notice of the committee, were the resolutions of the
State of Kentucky recommending to her sister States to unite
with her in an application to Congress for the calling of a
Convention in the mode prescribed by the Constitution for
proposing amendments thereto.
The undersigned, for the reasons set forth in the
accompanying resolution, and others which have been herein
indicated, is of opinion that the mode of adjustment by a
General Convention, as proposed by Kentucky, is the one
which affords the best assurance of an adjustment acceptable
to the people of every section, as it will afford to all the
States which may desire amendments, an opportunity of
preparing them with care and deliberation, and in such form
as they may deem it expedient to prescribe, to be submitted
to the consideration and deliberate action of delegates duly
chosen and invested with equal powers from all the States.
The undersigned did not, therefore, deem it expedient that
any of the measures of adjustment proposed by the majority
of the committee, should be reported to this body to be
discussed or acted upon by them, and he respectfully submits
as a substitute for the articles of amendment to the
Constitution, reported by the majority of the committee, the
following preamble and resolution, and respectfully
recommends the adoption thereof.
ROGER S. BALDWIN.
_Whereas_, unhappy differences exist which have alienated
from each other portions of the people of the United States
to such an extent as seriously to disturb the peace of the
nation, and impair the regular and efficient action of the
Government within the sphere of its constitutional powers
and duties;
_And whereas_, the Legislature of the State of Kentucky has
made application to Congress to call a Convention for
proposing amendments to the Constitution of the United
States;
_And whereas_, it is believed to be the opinion of the
people of other States that amendments to the Constitution
are or may become necessary to secure to the people of the
United States, of every section, the full and equal
enjoyment of their rights and liberties, so far as the same
may depend for their security and protection on the powers
granted to or withheld from the General Government, in
pursuance of the national purposes for which it was ordained
and established;
_And whereas_, it may be expedient that such amendments as
any of the States may desire to have proposed, should be
presented to the Convention in such form as the respective
States desiring the same may deem proper;
This Convention does, therefore, recommend to the several
States to unite with Kentucky in her application to Congress
to call a convention for proposing amendments to the
Constitution of the United States, to be submitted to the
Legislatures of the several States, or to conventions
therein, for ratification, as the one or the other mode of
ratification may be proposed by Congress, in accordance with
the provision in the fifth article of the Constitution.
Mr. FIELD:--I do not concur in the conclusions to which the majority
of the committee have arrived. I may say that I wholly dissent from
them. I have not deemed it necessary to make a separate report. At a
suitable time I shall endeavor to make known to the Conference my
views upon the topics which have occupied the attention of the
committee.
Mr. CROWNINSHIELD:--I occupy substantially the same position as Mr.
FIELD, and shall make my views known at a proper time.
Mr. SEDDON:--The report presented by the majority, I think, is a wide
departure from the course we should have adopted. Virginia has
prepared and presented a plan, and has invited this Conference to
consider it. I think we ought to take up her propositions, amend and
perfect them, if need be, and then adopt or reject them. To avoid all
misconstruction as to my individual opinions or position, I have
reduced my views to writing, which, with the leave of the Conference,
I will now read.
No objection being made, Mr. SEDDON proceeded to read the following:
REPORT OF MR. SEDDON.
The undersigned, acting on the recommendation of the
Commissioners from the State of Virginia, as a member of the
committee appointed by this Convention to consider and
recommend propositions of adjustment, has not been so happy
as to accord with the report submitted by the majority; and
as he more widely dissents from the opinions entertained by
the other dissenting members, he feels constrained, in
vindication of his position and opinions, to present on his
part this brief report, recommending, as a substitute for
the report of the majority, a proposition subjoined. To this
course he feels the more impelled, by deference to the
resolutions of the General Assembly of his State, inviting
the assemblage of this Convention, and suggesting a basis of
adjustment.
These resolutions declare, that "in the opinion of the
General Assembly of Virginia the propositions embraced in
the resolutions presented to the Senate of the United States
by the Hon. JOHN J. CRITTENDEN, so modified as that the
first article proposed as an amendment to the Constitution
of the United States shall apply to all the territory of the
United States now held or hereafter acquired south of
latitude 36° 30´, and provided that slavery of the African
race shall be effectually protected as property therein
during the continuance of the territorial government, and
the fourth article shall secure to the owners of slaves the
right of transit with their slaves between and through the
non-slaveholding States or Territories, constitute the basis
of such an adjustment of the unhappy controversy which now
divides the States of this Confederacy, as would be
accepted by the people of this Commonwealth."
From this resolution, it is clear that the General Assembly,
in its declared opinion of what would be acceptable to the
people of Virginia, not only required the Crittenden
propositions as a basis, but also held the modifications
suggested in addition essential. In this the undersigned
fully concurs. But, in his opinion, the propositions
reported by the majority do not give, but materially weaken
the Crittenden propositions themselves, and fail to accord
the modifications suggested. The undersigned therefore,
feels it his duty to submit and recommend, as a substitute,
the resolutions referred to, as proposed by the Hon. JOHN J.
CRITTENDEN, with the incorporation of the modifications
suggested by Virginia explicitly expressed, and with some
alterations on points which, he is assured, would make them
more acceptable to that State, and, as he hopes, to the
whole Union. The propositions submitted are appended, marked
No. 1.
The undersigned, while contenting himself, in the spirit of
the action taken by the General Assembly of his State, with
the proposal of that substitute for the majority report,
would be untrue to his own convictions, shared, as he
believes, by the majority of the commissioners from
Virginia, and to his sense of duty, if he did not
emphatically declare, as his settled and deliberate
judgment, that for permanent safety in this Union, to the
slaveholding States, and the restoration of integrity to the
Union and harmony and peace to the country, a guarantee of
actual power in the Constitution and in the working of the
Government to the slaveholding and minority section is
_indispensable_. How such guarantee might be most wisely
contrived and judiciously adjusted to the frame of the
Government, the undersigned forbears now to inquire. He is
not exclusively addicted to any special plan, but believing
that such guarantee might be adequately afforded by a
partition of power in the Senate between the two sections,
and by a recognition that _ours_ is a Union of freedom and
consent, not constraint and force, he respectfully submits,
for consideration by members of the Convention, the plan
hereto appended, marked No. 2.
Whether he shall feel bound to invoke the action of the
Convention upon it, may depend on the future manifestations
of sentiment in this body.
All which is respectfully submitted,
JAMES A. SEDDON.
_Commissioner from Virginia._
_February 15th, 1861._
No. 1.
_Joint Resolutions proposing certain amendments to the
Constitution of the United States._
_Whereas_, serious and alarming dissensions have arisen
between the Northern and Southern States, concerning the
rights and security of the rights of the slaveholding
States, and especially their rights in the common territory
of the United States; and _whereas_, it is eminently
desirable and proper that those dissensions, which now
threaten the very existence of this Union, should be
permanently quieted and settled by constitutional
provisions, which shall do equal justice to all sections,
and thereby restore to the people that peace and good will
which ought to prevail between all the citizens of the
United States: Therefore,
_Resolved_, by this Convention, that the following articles
are hereby approved and submitted to the Congress of the
United States, with the request that they may, by the
requisite constitutional majority of two-thirds, be
recommended to the respective States of the Union, to be,
when ratified by Conventions of three-fourths of the States,
valid and operative as amendments of the Constitution of the
Union.
ARTICLE 1. In all the territory of the United States, now
held or hereafter acquired, situate north of latitude
thirty-six degrees and thirty minutes, slavery or
involuntary servitude, except as a punishment for crime, is
prohibited, while such territory shall remain under
territorial government. In all the territory south of said
line of latitude, slavery of the African race is hereby
recognized as existing, and shall not be interfered with by
Congress, but shall be protected as property by all the
departments of the territorial government during its
continuance; and, when any territory, north or south of said
line, within such boundaries as Congress may prescribe,
shall contain the population requisite for a member of
Congress, according to the then federal ratio of
representation of the people of the United States, it shall,
if its form of government be republican, be admitted into
the Union on an equal footing with the original States, with
or without slavery, as the Constitution of such new State
may provide.
ARTICLE 2. Congress shall have no power to abolish slavery
in places under its exclusive jurisdiction, and situate
within the limits of States that permit the holding of
slaves.
ARTICLE 3. Congress shall have no power to abolish slavery
within the District of Columbia, so long as it exists in the
adjoining States of Virginia and Maryland, or either, nor
without the consent of the free white inhabitants, nor
without just compensation first made to such owners of
slaves as do not consent to such abolishment. Nor shall
Congress at any time prohibit officers of the Federal
Government, or members of Congress, whose duties require
them to be in said District, from bringing with them their
slaves, and holding them as such during the time their
duties may require them to remain there, and afterwards
taking them from the District.
ARTICLE 4. Congress shall have no power to prohibit or
hinder the transportation of slaves from one State to
another, or to a Territory in which slaves are by law
permitted to be held, whether that transportation be by
land, navigable rivers, or by the sea. And if such
transportation be by sea, the slaves shall be protected as
property by the Federal Government. And the right of transit
by the owners with their slaves, in passing to or from one
slaveholding State or Territory to another, between and
through the non-slaveholding States and Territories, shall
be protected. And in imposing direct taxes pursuant to the
Constitution, Congress shall have no power to impose on
slaves a higher rate of tax than on land, according to their
just value.
ARTICLE 5. That, in addition to the provisions of the third
paragraph of the second section of the fourth article of the
Constitution of the United States, Congress shall provide by
law, that the United States shall pay to the owner who shall
apply for it, the full value of his fugitive slave, in all
cases, when the marshal, or other officer, whose duty it was
to arrest said fugitive, was prevented from so doing by
violence or intimidation, or when, after arrest, said
fugitive was rescued by force, and the owner thereby
prevented and obstructed in the pursuit of his remedy for
the recovery of his fugitive slave, under the said clause of
the Constitution and the laws made in pursuance thereof. And
in all such cases, when the United States shall pay for such
fugitive, they shall reimburse themselves by imposing and
collecting a tax on the county or city in which said
violence, intimidation, or rescue was committed, equal in
amount to the sum paid by them, with the addition of
interest and the costs of collection; and the said county or
city, after it has paid said amount to the United States,
may, for its indemnity, sue and recover from the
wrong-doers, or rescuers, by whom the owner was prevented
from the recovery of his fugitive slave, in like manner as
the owner himself might have sued and recovered.
ARTICLE 6. No future amendment of the Constitution shall
affect the five preceding articles, nor the third paragraph
of the second section of the first article of the
Constitution, nor the third paragraph of the second section
of the fourth article of said Constitution, and no amendment
shall be made to the Constitution which will authorize or
give to Congress any power to abolish or interfere with
slavery in any of the States, by whose laws it is or may be
allowed or permitted.
ARTICLE 7, Sec. 1. The elective franchise and the right to
hold office, whether federal, State, territorial, or
municipal, shall not be exercised by persons who are, in
whole or in part, of the African race.
And _whereas_, also, besides those causes of dissension
embraced in the foregoing amendments proposed to the
Constitution of the United States, there are others which
come within the jurisdiction of Congress, and may be
remedied by its legislative power: and _whereas_ it is the
desire of this Convention, as far its influence may extend,
to remove all just cause for the popular discontent and
agitation which now disturb the peace of the country, and
threaten the stability of its institutions: Therefore,
1. _Resolved_, That the laws now in force for the recovery
of fugitive slaves are in strict pursuance of the plain and
mandatory provisions of the Constitution, and have been
sanctioned as valid and constitutional by the judgment of
the Supreme Court of the United States; that the
slaveholding States are entitled to the faithful observance
and execution of those laws, and that they ought not to be
repealed, or so modified or changed as to impair their
efficiency; and that laws ought to be made for the
punishment of those who attempt, by rescue of the slave or
other illegal means, to hinder or defeat the due execution
of said laws.
2. That all State laws which conflict with the fugitive
slave acts, or any other constitutional acts of Congress, or
which in their operation impede, hinder, or delay the free
course and due execution of any of said acts, are null and
void by the plain provisions of the Constitution of the
United States. Yet those State laws, void as they are, have
given color to practices, and led to consequences which have
obstructed the due administration and execution of acts of
Congress, and especially the acts for the delivery of
fugitive slaves, and have thereby contributed much to the
discord and commotion now prevailing. This Convention,
therefore, in the present perilous juncture, does not deem
it improper, respectfully and earnestly to recommend the
repeal of those laws to the several States which have
enacted them, or such legislative corrections or
explanations of them as may prevent their being used or
perverted to such mischievous purposes.
3. That the act of the 18th of September, 1850, commonly
called the Fugitive Slave Law, ought to be so amended as to
make the fee of the Commissioner, mentioned in the eighth
section of the act, equal in amount, in the cases decided by
him, whether his decision be in favor of or against the
claimant. And to avoid misconstructions, the last clause of
the fifth section, of said act, which authorizes the person
holding a warrant for the arrest or detention of a fugitive
slave, to summon to his aid the _posse comitatus_, and which
declares it to be the duty of all good citizens to assist
him in its execution, ought to be so amended as to expressly
limit the authority and duty to cases in which there shall
be resistance, or danger of resistance or rescue.
4. That the laws for the suppression of the African
slave-trade, and especially those prohibiting the
importation of slaves into the United States, ought to be
made effectual, and ought to be thoroughly executed, and all
further enactments necessary to those ends ought to be
promptly made.
No. 2.
_Proposed Amendments by Mr. Seddon._
To secure concert and promote harmony between the
slaveholding and non-slaveholding sections of the Union, the
assent of the majority of the Senators from the slaveholding
States, and of the majority of the Senators from the
non-slaveholding States, shall be requisite to the validity
of all action of the Senate, on which the ayes and noes may
be called by five Senators.
And on a written declaration, signed and presented for
record on the Journal of the Senate by a majority of
Senators from either the non-slaveholding or slaveholding
States, of their want of confidence in any officer or
appointee of the Executive, exercising functions exclusively
or continuously within the class of States, or any of them,
which the signers represent, then such officer shall be
removed by the Executive; and if not removed at the
expiration of ten days from the presentation of such
declaration, the office shall be deemed vacant and open to
new appointment.
The connection of every State with the Union is recognized
as depending on the continuing assent of its people, and
compulsion shall in no case, nor under any form, be
attempted by the Government of the Union against a State
acting in its collective or organic capacity. Any State, by
the action of a convention of its people, assembled pursuant
to a law of its Legislature, is held entitled to dissolve
its relation to the Federal Government, and withdraw from
the Union; and, on due notice given of such withdrawal to
the Executive of the Union, he shall appoint two
Commissioners, to meet two Commissioners to be appointed by
the Governor of the State, who, with the aid, if needed from
the disagreement of the Commissioners, of an umpire, to be
selected by a majority of them, shall equitably adjudicate
and determine finally a partition of the rights and
obligations of the withdrawing State; and such adjudication
and partition being accomplished, the withdrawal of such
State shall be recognized by the Executive, and announced by
public proclamation to the world.
But such withdrawing State shall not afterwards be
readmitted into the Union without the assent of two-thirds
of the States constituting the Union at the time of the
proposed readmission.
Mr. COALTER:--It is proper that I should say a word in relation to the
position of Missouri in this Conference. It is expressly referred to
in the resolution under which we hold our appointment, passed by the
Senate and House of Representatives. It is believed by the people of
Missouri that the rights and privileges of the slaveholding States are
in danger, and that the time has arrived when they should be secured
by additional guarantees. Those guarantees must be such as will secure
the honor and equal rights of the slaveholding States.
I wish to say, further, that we, as Commissioners, must act at all
times under the control of the General Assembly or the State
Convention of our State. Before we can act definitely upon either of
the propositions submitted, I think it will be our duty to transmit
them to the General Assembly for instructions.
Mr. WICKLIFFE:--The several reports are now before the Conference. I
presume it will be the desire of every member to give them a careful
examination. In order to prevent all unnecessary delay, I move that
the several reports be laid upon the table, that they be printed at
once and distributed to the members, and made the special order of the
Conference for 12 o'clock to-morrow.
The motion of Mr. WICKLIFFE was agreed to.
Mr. WICKLIFFE:--I have drawn up a preamble and a resolution which I
wish to offer for the consideration of the Conference. I shall not
press action upon them to-day, but desire to have them laid on the
table and printed. I shall call them up after the report of the
General Committee is disposed of. It would gratify me much, and I
think greatly tend to the peace and harmony of the country, if they
could be adopted at once, and published. It is well known to most of
you that there is nothing in all the legislation or action of the Free
States, which has created so much excitement and alarm among the
people of the slaveholding States, as the passage of the so called
"personal liberty" acts. They are regarded as deliberate infractions
and breaches of the Constitution, and as attempts to nullify the
operation of a constitutional enactment of Congress. But I do not wish
to invite discussion upon the subject now; I hope my motion will not
meet with objection.
The motion of Mr. WICKLIFFE was adopted, and the preamble and
resolution were presented as follows:
MR. WICKLIFFE'S PREAMBLE AND RESOLUTION.
_Whereas_, the second section of the fourth article of the
Constitution of the United States declares, "that no person
held to service or labor in one State, under the laws
thereof, escaping into another, shall in consequence of any
law or regulation therein, be discharged from such service
or labor, but shall be delivered up on claim of the party to
whom such service or labor may be due."
This clause is one of the compromises without which no
Constitution would have been adopted. It was a guarantee to
the States in which such labor and service existed by law,
that their rights should be respected and regarded by all
the States; and it is not within the competency of any State
to disregard the obligation it imposes, or to render it
valueless by legislative enactments. And _whereas_, the
House of Representatives of the United States did, on the
---- day of February, by unanimous vote, declare that
neither the Congress of the United States nor the people or
government of any non-slaveholding State, has the
constitutional right to legislate upon, or to interfere with
slavery in any slaveholding State in the Union.
This declaration is regarded by this Convention as an
admission that the statutes of those States, passed for the
purpose of defeating the provision of the Constitution
aforesaid, and the laws of Congress made to enforce the just
and proper execution of this constitutional guarantee, are
in violation of the supreme law of the land.
The provisions of the statutes in many of the
non-slaveholding States, commonly known and called "personal
liberty bills," amount in their consequences to a practical
nullification of the acts of Congress of February 12th,
1793, and September 18th, 1850, and are in violation of the
second section of the fourth article of the Constitution, as
before stated. That the spirit of those statutes appears to
be repugnant to the principles of compromise and mutual and
liberal concessions which dictated the section of the
Constitution in question, and which pervades every part of
that instrument. It is, therefore, respectfully requested by
this Convention that the several States abrogate all such
obnoxious enactments.
That the spirit of comity between the States, and the spirit
of unity and fraternity which should actuate all the people
of these United States, require that complete right and
security of transit with all persons who owe them service or
labor should be allowed to the citizens of each State by the
laws of every other State.
_Resolved_, That a copy of the foregoing be sent by the
President of this Convention to the Governors of each of the
free States, as the deliberate judgment and opinion of this
Convention, and that he request the same be laid before
their respective Legislatures.
Mr. CHASE:--I move that all the resolutions, of the States, under
which Commissioners have been appointed, or relating to subjects to
come before this Conference, be printed. I think this course
convenient and necessary, and one reason that I may assign is this:
The opinion of the Legislature of the State of Ohio, as expressed in
one of the resolutions adopted by that body, is, that it would have
been wiser and better if the time for holding this Conference had been
deferred until a later period. Ohio has expressly said in her
resolutions that she is not prepared to assent to the terms of
settlement proposed by Virginia, and has expressed the opinion that
the Constitution as it now stands, if fairly interpreted and obeyed,
contains ample provision for the correction of all the evils which are
claimed to exist. Nevertheless she is willing to meet in a friendly
spirit and consult with her sister States. But the opinion extensively
prevails that this Conference ought not to have been called upon so
short a notice and before the inauguration of the incoming
administration. We, the Commissioners from that State, are instructed
in the resolutions, to which I have referred, to use our influence to
procure an adjournment of this Conference, before final action is
taken, to the 4th of April next. I shall feel it my duty, at some
future time, to make a motion to that effect. The extent to which I
shall urge its adoption will depend in some measure upon the course of
events and the opinions of my colleagues. In the mean time I wish to
see all the resolutions printed.
The motion of Mr. CHASE was agreed to. The resolutions as printed will
be found in the appendix.
Mr. ALLEN, of Massachusetts:--Before the adjournment to-day I desire
to know what will be the order of business when these various reports
come up for discussion. By the general rules governing parliamentary
proceedings, to which I suppose we are subject, I understand the first
question will be upon the substitution of the minority report
presented by the gentleman from Connecticut (Mr. BALDWIN) for the
report of the majority; and that, upon that question, amendments may
be offered, and either accepted or rejected, both to the reports of
the majority and the minority. I think it would be well to have this
matter understood. Am I right in this?
The PRESIDENT:--The Chair understands that the gentleman from
Massachusetts has correctly pointed out the manner of proceeding.
On motion of Mr. HACKLEMAN, the Conference then adjourned until 12
o'clock to-morrow.
TENTH DAY.
WASHINGTON, SATURDAY, _February 16th, 1861._
The Conference was called to order by the PRESIDENT at 12 o'clock M.
Prayer was offered by Rev. Dr. SUNDERLAND.
The Journal was read by the Assistant Secretary, Mr. PULESTON, and,
being corrected, was approved.
The PRESIDENT:--I have received a communication from Mr. W.C. JEWETT,
which I am requested to lay before the Conference. Should any member
desire to have it read, it will be presented upon motion. I am not
inclined to occupy the time of the Conference by reading it, unless
some member specially requests that it be read.
Mr. SEDDON:--Let it be laid on the table without reading.
The PRESIDENT:--That disposition will be made of it.
Mr. WICKLIFFE:--I am instructed, by the Committee on Rules and
Organization, to propose an amendment to the Eleventh Rule which has
been adopted. As the Rule now stands, no appeal is allowed from the
decision of the Chair upon questions of order. It is not probable that
either the Chair or the Conference would wish to be bound in that way.
The purpose of the resolution is to assimilate the Rule in this
respect to the practice in parliamentary bodies, and to allow an
appeal from the decision of the Chair to the Conference itself. I
offer the following resolution:
"_Resolved_, That the Eleventh Rule of this Convention be so
amended as to allow an appeal from the decision of the
PRESIDENT, which appeal shall be decided without debate."
On the passage of this resolution a division was called for, and upon
a count by the Secretaries, the PRESIDENT declared it adopted.
Mr. WICKLIFFE:--I now offer another resolution--the following:
"_Resolved_, That in the discussions which may take place in
this Convention, no member shall be allowed to speak longer
than thirty minutes."
We must all by this time be impressed with the necessity of prompt,
immediate, and efficient action. I do not charge any member of the
body with any purpose unnecessarily to consume the time of the
Convention in making speeches. I have no reason to believe that any
such purpose exists. But the present Congress is rapidly drawing to a
close. If any plan is adopted it will be nugatory, unless recommended
by Congress. If we are to sit here until each member of the Conference
has spoken upon each question presented, as many times and as long as
he pleases, I fear the Congress will close its labors before we do
ours.
Mr. DAVIS:--I think thirty minutes quite too long. Our opinions are
formed. Before this time probably every member has determined his
course of action, and it will not be changed by debate. I move to
strike out the word "thirty," and insert the word "ten."
Mr. HITCHCOCK:--I am altogether opposed to this attempt in advance to
cut off or limit debate. I am sure it cannot meet with favor from the
Conference, for reasons so obvious that I will not occupy time in
stating them. I move to lay the resolution on the table.
Several gentlemen here interposed and appealed to Mr. HITCHCOCK to
withdraw his motion, as it would cut off all debate upon the merits of
the resolution. Mr. HITCHCOCK accordingly withdrew it.
Mr. SEDDON:--We have one rule already which prohibits any member from
speaking more than twice upon any question without special leave, and
a member cannot speak a second time until every other, who desires to
speak, has spoken. This was the rule, I believe, in the Convention
that formed our present Constitution, and no one complained of its
operation there. I am as much impressed with the necessity of
expediting our action as any one can be, and should be among the last
to protract our sessions. But this resolution looks too much like
suppressing discussion--like cutting off debate. I desire at the
proper time to be heard upon the report which I have submitted. It
will be impossible to discuss the grave questions involved in it in
the space of a brief half hour.
Mr. CHASE:--I hope Governor WICKLIFFE will consent to a postponement
of his resolution for the present. It is anticipating a necessity that
may not arise. As yet no one has abused the privileges of debate. It
is not well to assume in advance that any one will do so.
Mr. WICKLIFFE:--I have no wish to press this resolution upon the
Convention, and it may be as well to postpone it for the present. I
will move its postponement until Tuesday morning next.
The motion to postpone was unanimously agreed to.
Mr. CRISFIELD:--I move that the hour of meeting hereafter be ten
o'clock in the morning.
Mr. JOHNSON, of Maryland:--I am sure that we shall all agree that this
hour is quite too early. I wish to make all reasonable progress, but I
think we shall find it difficult to secure a quorum at that hour. I
move to amend by inserting _eleven_ o'clock.
Mr. EWING:--I think we had better let the hour of meeting remain where
our rules leave it. We shall find our labors severe enough if we
commence at twelve o'clock.
Mr. CRISFIELD:--I will accept the amendment of my colleague. Let the
time of meeting be eleven o'clock.
The motion of Mr. CRISFIELD as amended was agreed to without a
division.
Mr. CHASE:--I have a motion which I desire to make, and as I do not
wish to press it to a vote at the present time, I will move to lay it
on the table. But I wish to have it before the Conference. It is
apparent to me that we ought to pass it at some time, in order to give
members who may belong to delegations in which differences of opinion
exist, an opportunity of appearing on the record as they personally
wish to vote. I move to amend the first rule by inserting after the
word "representing," the words, "The yeas and nays of the delegates
from each State, on any question, shall be entered on the Journal when
it is desired by any delegate."
On motion of Mr. CHASE, the amendment was laid upon the table.
The PRESIDENT:--The Conference will now proceed to the order of the
day, the question being upon the several reports presented by the
General Committee of one from each State.
The chair was taken, at the request of the PRESIDENT, by Mr.
ALEXANDER, of New Jersey.
Mr. BALDWIN:--I move to substitute the report presented by myself for
the report of the majority of the Committee. I will consent to strike
out that part of it which relates to--
Mr. TURNER:--Before the gentleman from Connecticut proceeds with his
argument I trust he will give way for the introduction of a
resolution. I am sure the time has come when we ought to pass such a
resolution as I now offer. I am unwilling to sit here longer unless
some means are taken to secure a report of our proceedings.
The PRESIDENT:--A resolution is not now in order.
Mr. TURNER:--I ask that the resolution may be read for the information
of the Conference, and also ask the leave of the Conference for its
introduction.
The resolution was read. It provided for the appointment of a
stenographer.
The question was taken, and upon a division the leave to introduce it
was refused.
Mr. BALDWIN:--I rise for the purpose of supporting my motion to
substitute the report presented by myself for that presented by the
majority of the committee. As I was about to remark, when the
resolution just disposed of was introduced, I will consent to strike
out all that portion of my report which precedes the words "whereas
unhappy differences," &c., in order that the substitute offered may
conform more nearly in substance to the proposition of the majority.
It seems desirable on all hands that whatever we adopt here should be
presented to Congress; and if it receives the sanction of that body,
should be by it presented to the States for their approval. My report
when thus amended will be in a proper form for such a disposition.
My report, it will be noticed, is based mainly upon the action of the
Legislature of Kentucky. I have adopted those resolutions of Kentucky
as the basis of my recommendation, on account of the short time which
remains for any action at all, and because it appears to me that the
kind of proceeding indicated in them is best calculated to meet with
favor in the States which must approve any action taken here before it
can be made effectual.
The resolutions of Virginia, under which this Convention is called,
were adopted on the 19th of January last. The resolutions of Kentucky
to which I have referred were adopted on the 25th of the same month.
It is not only the necessary presumption that the latter were passed
with a full knowledge of the action of Virginia, but I understand from
their reading that they were adopted in consequence of the proposition
of the latter State. I am disposed to favor the line of policy
initiated in the resolutions of the State of Kentucky.
There are two ways of presenting amendments to the Constitution
provided in that instrument. By the first, by Congress whenever
two-thirds of both Houses shall deem such amendments necessary: or by
the second, the same body, upon the application of the Legislatures of
two-thirds of the States, may call a convention for the purpose of
proposing amendments. These two are the _only_ modes in which, under
that instrument, amendments can be proposed to the Constitution.
Either of these is adequate, and it was the manifest intention of its
framers to secure due consideration of any changes which might be
proposed to the fundamental law of our Government.
It is conceded on all hands that our action here will amount to
nothing, unless it meets the approval of Congress, and such proposals
of amendment as we shall agree upon are recommended by that body to
the States for adoption. The session of the present Congress is
drawing to a close. There remain only fifteen or sixteen days during
which it can transact business. Can any one suppose that in the
present state of the country, with the large number of important
measures before Congress and awaiting its action, any proposition of
real importance emanating from this Conference could be properly
considered by either House in this short time? I am assuming just now
that this is a Convention which has the right, under the Constitution
or by precedent, to make such propositions. But if we do not remember,
most certainly Congress will, that however respectable this body may
be, however large may be the constituency which it represents, it is,
after all, one which has no existence under, and is not recognized by
the Constitution. In a recent speech in the Senate, Judge COLLAMER, of
Vermont, one of the ablest lawyers in that body, has more than
intimated a doubt whether Congress could, under the Constitution,
entertain proposals of amendment presented to it by such a body as
this. But, waiving all technicalities, the substantial objection which
influences my mind is, that the course of action proposed by the
majority of the committee is contrary to the spirit of the
Constitution. When the people adopted that instrument and subjected
themselves to its operation, they intended and had a right to
understand that it should be amended only in the manner provided by
the Constitution itself. They did not intend that amendments should be
proposed under, or the existence of the Constitution endangered by any
extraneous pressure whatever. They wisely provided a way in which
amendments might be proposed, or rather two ways. Under either of
them, due examination and consideration was secured. They would not
have consented to any other way of proposing amendments. The General
Government, on the adoption of the Constitution, for all national
purposes, took the place of the State Governments. The people of the
United States from that time, in the language of a distinguished
Senator from Kentucky, owed a paramount allegiance to the General
Government, and a subordinate allegiance only to the State
Governments. Changes in the Constitution, then, can only be _properly_
made in the manner provided by the Constitution. Propositions for
changes in it must come from the people, or their representatives in
Congress. Any attempt to coerce Congress, or to influence its action
in a manner not provided by the Constitution, is a disregard of the
rights of the people.
Why are we assembled here to urge these amendments upon Congress? to
induce Congress to recommend them to the people for adoption? Are we
the representatives of the people of the United States? Are we acting
for them, and as their authorized agents, in this endeavor to press
amendments upon the attention of Congress? Because, if our action is
to have any effect at all, it must be to induce Congress to conform to
our wishes--to propose the very amendments which we prepare.
The members of the House of Representatives were elected by the
people. They were selected to perform, and they do perform, their
duties and functions under the obligations of their official oaths.
There is no question about their agency, or their right to act in the
premises. The Constitution makes them the agents of the people. The
Legislature of the State of Kentucky, well understanding and
appreciating the only true method in which constitutional amendments
should be proposed, with all the formality of a legislative act
approved by the Executive of that State, has applied to Congress for
the call of a convention for proposing amendments to the Constitution
of the United States, and has requested the President to lay those
resolutions immediately before Congress. She wishes other States to
unite with her in the preparing and proposing of amendments to the
Constitution. This is the correct, the legal, the patriotic course.
This was what Kentucky had the right to ask, and this is all she has
asked.
Mr. BALDWIN here read the Kentucky resolutions, as follows:
_Resolutions recommending a call for a Convention of the
United States._
_Whereas_, The people of some of the States feel themselves
deeply aggrieved by the policy and measures which have been
adopted by some of the people of the other States; and
_whereas_ an amendment of the Constitution of the United
States is deemed indispensably necessary to secure them
against similar grievances in the future: Therefore,
_Resolved_, by the General Assembly of the Commonwealth of
Kentucky, that application to Congress to call a Convention
for proposing amendments to the Constitution of the United
States, pursuant to the fifth article thereof, be, and the
same is hereby, now made by this General Assembly of
Kentucky; and we hereby invite our sister States to unite
with us, without delay, in a similar application to
Congress.
_Resolved_, That the Governor of this State forthwith
communicate the foregoing resolution to the President of the
United States, with the request that he immediately place
the same before Congress and the Executives of the several
States, with a request that they lay them before their
respective Legislatures.
_Resolved_, If the Convention be called in accordance with
the provisions of the foregoing resolutions, the Legislature
of the Commonwealth of Kentucky suggest for the
consideration of that Convention, as a basis for settling
existing difficulties, the adoption, by way of amendments to
the Constitution, of the resolutions offered in the Senate
of the United States by the Hon. JOHN J. CRITTENDEN.
DAVID MERIWETHER,
_Speaker of the House of Representatives._
THOMAS P. PORTER,
_Speaker of the Senate._
Approved January 25, 1861.
B. MAGOFFIN.
By the Governor:
THOMAS B. MONROE, JR.,
_Secretary of State._
Mr. BALDWIN continued:--Now, what are we asked to do by the majority
of the committee? It is not to unite with Kentucky or to accede to her
wishes for a convention of the States, under the Constitution, but to
thwart the wishes of Kentucky, and to induce Congress itself to
originate and propose amendments, or to propose those which we may
originate. Kentucky asks that the people of the States themselves
might elect delegates to a convention, who should carefully consider
the whole subject. The Kentucky resolutions were transmitted to the
President, who sent them to Congress, as he said, with great pleasure.
Kentucky stated that she was in favor of the so-called Crittenden
resolutions, but she did not request Congress to propose them as
amendments to the Constitution.
How is this body constituted? Do we, its members, represent the people
of the several States? Have they had an opportunity to elect
delegates, to select those in whom they had confidence and whom they
could trust? Not at all. Why should we assemble here and express our
wishes to Congress in reference to the Constitution without permitting
California, Oregon, or many other States not here represented, to
unite in our deliberations? I cannot assent to such an unfair
proceeding toward other States.
Suppose one-half the States should request Congress to propose
amendments, will Congress agree to it? No, sir. The Constitution
provides that Congress shall not propose amendments without the
consent of two-thirds of the States. Congress has not deemed any
amendments necessary, so far as we know, and yet a majority of the
committee of this body ask Congress to propose the amendments on our
responsibility alone. It appears to me, then, that this proceeding
must be regarded not as one known to the Constitution, but as a
revolutionary proceeding. All the States are not represented here, nor
have all had an opportunity to be so represented. Some of us are
acting under the appointment of the Legislatures of our States; other
delegates are simply appointed by the Executives of their States and
are acting without any legal authority. We are not standing upon equal
ground; some are only acting upon their own judgment; others are
acting under instructions from their several Legislatures. If the
Virginia Legislature itself were here, its action would differ
materially from the present views of the delegates from that State.
But how is this? The Resolutions of the Legislature of Virginia make
the statement that unless these questions are settled, and settled
soon, there is danger of the disruption of the Union. Admit this to be
so, and it furnishes no reason for changing the mode of proposing
constitutional amendments. The Constitution knows no such danger. It
is a self-sustaining Constitution, and was supposed to contain within
itself the power to secure its own preservation. The Constitution
ought not to be amended without the deliberate action of the people
themselves. I cannot and I will not disregard their rights. I cannot
recognize the claim that the secession of a State, by an ordinance of
its Convention, can carry either the State or its people out of the
Union. There is no such thing as _legal_ secession, for there is no
power anywhere to take the people out of the protecting care of the
Government, or to relieve them from their obligations to it.
And where is the clause in the Constitution that authorizes the call
upon Congress to do what Congress is asked to do here? The
Constitution was adopted "to form a more perfect Union." The people
were not to be allowed to alter it, except in the two modes prescribed
in it. The Convention which adopted it did not propose that changes
should be made in it without ample time for deliberation and
discussion. We are here, then, simply as conferees from States
expressing our individual opinions. We are now asked to recommend to
Congress amendments to our fundamental law; we have no more right to
do so than members of the so-called Southern Confederacy. We, a mere
fraction of the people, propose to unite in bringing a pressure upon
Congress, which shall induce it to propose these amendments. This was
not one of the modes contemplated or provided by the framers of that
sacred instrument.
General WASHINGTON presided over the Convention which prepared our
Constitution. None knew better than he the reasons which made its
adoption necessary to the preservation of the Government--none knew
better the dangers which would probably surround it in after years. In
that last counsel of his to the American people--his Farewell
Address--a paper drawn up with the greatest deliberation, embodying
opinions which he entertained as the result of a long life of active
study and reflection, he warns us against all such proceedings as
those contemplated by the majority of the committee. I am sure the
delegates from Virginia will not now refuse to listen to the words of
that illustrious man, uttered upon the most solemn and momentous
occasion of his life. Hear his words:
"Here, perhaps, I ought to stop. But a solicitude for your
welfare, which cannot end but with my life, and the
apprehension of danger natural to that solicitude, urge me
on an occasion like the present to offer to your solemn
contemplation, and to recommend to your frequent review,
some sentiments which are the result of much reflection, of
no inconsiderable observation, and which appear to me
all-important to the permanency of your felicity as a
people. These will be offered to you with more freedom, as
you can only see in them the disinterested warnings of a
parting friend, who can possibly have no personal motive to
bias his counsel."
Again:
"But as it is easy to foresee, that from different causes
and from different quarters much pains will be taken, many
artifices employed, to weaken in your minds the conviction
of this truth; as this is the point in your political
fortress, against which the batteries of internal and
external enemies will be most constantly and actively
(though often covertly and insidiously) directed, it is of
infinite moment that you should properly estimate the
immense value of your national union to your collective and
individual happiness; that you should cherish a cordial,
habitual, and immovable attachment to it; accustoming
yourselves to think and speak of it as the Palladium of your
political safety and prosperity; watching for its
preservation with jealous anxiety; discountenancing whatever
may suggest even a suspicion that it can in any event be
abandoned; and indignantly frowning upon the first dawning
of every attempt to alienate any portion of our country from
the rest, or to enfeeble the sacred ties which now link
together the various parts."
Are not these admonitions at the present moment peculiarly worthy of
our attention? And with them before us, can we invoke the action of
Congress for the alteration of the fundamental law of the Government
in any other ways than those provided in the Constitution? I earnestly
hope not. If we act at all, let us act in that regular method which
gives time for consultation, for consideration, and for action among
the people of all the States. It appears to me, that in adopting the
line of policy proposed by the majority of the committee, we are doing
the very thing which WASHINGTON warned us not to do.
He said further:
"To the efficacy and permanency of your Union, a government
for the whole is indispensable. No alliances, however
strict, between the parts, can be an adequate substitute;
they must inevitably experience the infractions and
interruptions which all alliances in all times have
experienced. Sensible of this momentous truth, you have
improved upon your first essay, by the adoption of a
Constitution of Government better calculated than your
former for an intimate union, and for the efficacious
management of your common concerns. This Government, the
offspring of our own choice, uninfluenced and unmoved,
adopted upon full investigation and mature deliberation,
completely free in its principles, in the distribution of
its powers, uniting security with energy, and _containing
within itself a provision for its own amendment_, has a just
claim to your confidence and your support. Respect for its
authority, compliance with its laws, acquiescence in its
measures, are duties enjoined by the fundamental maxims of
true liberty. The basis of our political systems is the
right of the people to make and to alter their Constitutions
of Government. But the Constitution which at any time
exists, _till changed by an explicit and authentic act of
the whole_ people, is sacredly obligatory upon all."
And again:
"Toward the preservation of your Government, and the
permanency of your present happy state, it is requisite, not
only that you should steadily discountenance irregular
oppositions to its acknowledged authority, but also that you
resist with care the spirit of innovation upon its
principles, however specious the pretexts. One method of
assault may be to affect in the forms of the Constitution
alterations which will impair the energy of the system, and
thus to undermine what cannot be directly overthrown. In all
the changes to which you may be invited, remember that time
and habit are at least as necessary to fix the true
character of governments, as of other human institutions."
And still further:
"If, in the opinion of the people, the distribution or
modification of the constitutional powers be in any
particular wrong, let it be corrected by an amendment in the
way which the Constitution designates. But let there be no
change by usurpation; for though this in one instance may be
the instrument of good, it is the customary weapon by which
free governments are destroyed. The precedent must always
greatly overbalance in permanent evil any partial or
transient benefit which the use can at any time yield."
If we adopt the majority report here, we attempt to correct the
Constitution by an amendment in a way which, the Constitution does
_not_ designate. WASHINGTON says if there is any thing wrong, let it
be corrected in a constitutional way; and that, sir, is just what
Kentucky has said, and that is what every loyal State will say.
Kentucky has inaugurated this proceeding, and it is one eminently
worthy of her--true as she has always been to the Union. I cannot
disregard this action of her Legislature. I do not think any exigency
exists which requires us to disregard it. I am ready, and my State is
ready, to confer with other States in reference to the Constitution,
when asked to do so in any of the modes pointed out by that
instrument.
Entertaining these opinions, and with these convictions, I should be
untrue to my sense of duty to the Government and the State I
represent, and to the people of the United States, if I should consent
to disregard the Constitution and my obligations to it.
I have stated these considerations because they are powerful enough to
influence and control my course. Others must act upon their own
convictions. I have come to the conclusion that I ought to submit this
minority report with distrust, and with distrust only, because so many
of the able statesmen composing the majority of the committee have
seen fit to adopt different views. My report leaves every thing to the
people, where I think every such question should be left. When they
consult together and decide in the constitutional way I shall bow to
their decision, whatever it may be.
Mr. GUTHRIE:--I do not propose to follow the gentleman (Mr. BALDWIN)
through all the ramifications of his speech. I have made the
Constitution my study for many years, and I have looked at the causes
which give it strength and the causes which give it weakness. I
believe that our fathers organized this Government in great wisdom.
Its strength was in the affections of the people. It never had any
other strength, and it was never intended it should have. It was not
intended to be sustained by standing armies. Its strength was intended
to be placed in the affections of the people, and I had hoped it would
endure forever. Without the affections of the people it is the weakest
Government ever established. The people! What a spectacle do we
witness now! One portion of the people has lost confidence in the
Government, and now seven States have left it. The Government cannot
realize that they are gone. We have established the right of
revolution, and that right gave to the world this splendid Government.
This was the first precedent; it will stand for all time. It will
always be acted upon when the people have lost confidence in the
Government. I _hate_ that word secession, because it is a cheat! Call
things by their right names! The Southern States have framed another
Government; they have originated a _revolution_. There is no warrant
for it in the Constitution, but it is like the right of self-defence,
which every man may exercise. The gentleman from Connecticut has
forgotten that the Government made Congress the recipient of
petitions. Why was this? It was that Congress might be influenced by
the wishes of the people and act upon them.
We are twenty States assembled here. Congress has been in session more
than two months. The Government is falling to pieces. Congress has not
had the sagacity to give the necessary guarantees, the proper
assurances to the slaveholding States. This session will make a
shameful chapter in the history of this Government, to be hereafter
written. Why should this Congress refuse to give the people
guarantees? The proudest Governments in the world have been compelled
to give their people guarantees.
We are assembled here to consult, and see what can be done; to consult
as representatives of the States. Is there any impropriety in our
stating what would restore confidence, to our putting this in writing,
and to our proposing the plan of restoration we think should be
adopted to Congress, and asking Congress to submit that plan to the
people? Are we not the representatives of the people, sent here to do
what we think ought to be done, and to ask Congress by way of petition
to repair the foundations of the Government? It is all legitimate,
and legitimate in the most technical sense.
Suppose we ask Congress to act on this proposition. We come directly
from the people. We ask Congress to submit a plan which we think will
save the Government, to the people. Is this taking any advantage of
the States? _They_ can take all the time they wish for deliberation,
and we can bring no pressure to bear on them. In these times of great
peril and trouble, we ask Congress, backed by the moral force of the
States we represent, to act and save the country.
Two or three years hence will not answer. The foundations of the
Government are undermined and growing weaker every day, and if the
people who may give to it the necessary repair and strength do not do
so, they will be called to a fearful account. When the building is on
fire, it is no time to inquire who set it on fire. The North say the
South did it, and the South say the North did it.
We are all interested in this Government; we love the Constitution; we
love the Union; we want to repair it--we want to lay the foundation
for bringing back the States who have left us, by reason and not by
the sword. The delay which the gentleman proposes is too long; the
Constitution has provided a shorter way. In adopting that we are only
recognizing the right of petition.
I, sir, will answer to Kentucky; I don't want the gentleman to come
between me and the people of Kentucky. He has no right to speak for
the people of that State--her representatives here have that right and
will exercise it. Why were these resolutions passed? Because Congress
had failed to provide the means needful to our safety. The resolutions
under which the Kentucky delegation came here were passed on the 29th,
not the 25th of January. They were passed after the resolutions to
which the gentleman refers. They ought to be regarded, as they are in
fact, as the deliberate expression of the Legislature of Kentucky in
favor of this Conference. In them it is stated that Kentucky heartily
accepts the invitation of her old mother Virginia. She acts in no
unwilling spirit, she hastens to avail herself of any opportunity to
save the Government. She believes a favorable opportunity is offered
by this Conference. I repeat again: Adopt the report of the majority
of the committee and I will answer to Kentucky. I will go farther. I
will answer that Kentucky herself will adopt the very proposals of
amendment to the Constitution contained in the committee's report.
But the gentleman insists that the action proposed is not only
improper but that it is _revolutionary_. I deny that it is
revolutionary. It is no more revolutionary than any other form of
petition. It is a petition sustained by the moral force of twenty
States--a petition which Congress will not disregard.
But if the report of the majority is revolutionary, what of the
gentleman's report? Is that provided for by the Constitution? Is that
according to the forms of the Constitution? No, sir. Every argument he
has brought against the report of the majority, applies with equal
force to his own. His views will answer for those who are willing to
stand by and see this Government drift toward destruction--to see this
country involved in civil war. It will answer for those who will
oppose all action, and who wish to do nothing at all. His report is a
new excuse for inaction. It will not answer for us.
Sir, we are acting under a fearful responsibility. The eyes of every
true patriot in the nation are turned toward this body. The people are
awaiting our action, with anxious and painful solicitude. They know
and we know that, unless the wisdom of this Conference shall devise
some plan to satisfy the people of the slaveholding States--to quiet
their apprehensions, a disruption of the Government is inevitable. If
we adopt the gentleman's views, go home and do nothing, we take the
responsibility of breaking up the Government.
I do not propose to discuss the merits of the majority report at the
present time. I have only sought to answer the arguments of the
gentleman against our acting at all. But I claim that this way of
proceeding is entirely irregular. The report of the gentleman is not
in order. The report of the majority was first presented, and should
be first acted upon. I move to lay the report of the gentleman from
Connecticut upon the table.
Mr. LOGAN:--I would ask Mr. GUTHRIE to withdraw his motion. If the
motion were adopted it would prevent discussion. It was expected that
we were to discuss the subject to-day. It is not of much consequence
which report is first acted upon. They are all before the Conference,
and the merits of all of them are under discussion.
Mr. GUTHRIE withdrew the motion to lay on the table.
Mr. MOREHEAD, of Kentucky, took the chair.
Mr. CURTIS:--I am a member of the present Congress; I have faithfully
attended its deliberations, and have anxiously watched its course. Mr.
GUTHRIE will find that there are other and different objections to the
line of policy he proposes, to which he has not alluded, and which he
does not understand. But they are objections which have determined,
and will determine, the action of Congress. I would ask Mr. GUTHRIE if
the adoption of his propositions, previous to their action, would have
prevented the States which have already seceded from going out.
Mr. GUTHRIE:--I think it would have prevented them; all but South
Carolina. I did not intend to assail Congress, or any member of it,
personally.
Mr. CURTIS:--I do not agree with the gentleman. We know, and the
gentleman knows, that there has been for a long time a purpose, a
great conspiracy in this country, to begin and carry out a revolution.
That has been avowed over and over again in the halls of Congress. Can
you expect a member of Congress to do more than reflect the will of
his constituents, the will of his people? Would you have him do any
thing different? There were forty or fifty different propositions
before the Congressional Committee of Thirty-three. There are many
here. There are many difficulties attending the solution of this
question in every respect. But we may as well speak plainly. I cannot
go for the majority report of the committee, and among other reasons,
for this reason: Their proposition makes all territory we may
hereafter acquire slave territory.
Mr. JOHNSON:--No; such is not the fact.
Mr. CURTIS:--I have read it, and such is my construction.
Mr. JOHNSON:--Such is not the intention.
Mr. CURTIS:--Any future territory which we acquire must be from the
south; we have extended as far as we can to the north and the
northwest.
Mr. WICKLIFFE:--Will you agree to divide all future territory?
Mr. CURTIS:--I will do almost any thing to save the Union. I will
reflect the will of my constituents. I think it ought not to be
divided equally, but the South ought to have its share. There is
another trouble. Look at the difficulty of getting any proposition
through Congress. Congress has only fifteen days of life. I ask you,
even with general unanimity, if you can hope to pass at this session
any new proposals of amendments? If you do, you will get along faster
than is generally the case. There is one proposition before Congress
that I believe can pass. It is the Adams proposition, to admit all the
territories south at once. It is already slave territory. It is now
applying for admission. If this is acceptable to the South, I will go
for it. We are bound to admit it under the ordinance of 1789.
Mr. GOODRICH:--Do I understand my friend to claim that the ordinance
of 1789 involves a proposition to divide the territory?
Mr. CURTIS:--I understand that in connection with the subsequent
legislation it does.
Mr. GOODRICH:--The concession of territory from North Carolina
contains a prohibition from acting on the subject of slavery in the
territory ceded.
Mr. CURTIS:--I agree entirely with the gentleman. I am opposed to
slavery, but we must divide the territory. Let us leave slavery where
it is, and admit the territory for the purpose of settling the
question. I do not agree with Mr. GUTHRIE that this Government depends
on the will of the people. It is a self-supporting government; it will
support itself. There is no justification for the action of the
seceded States, and I cannot agree that Congress is responsible for
their action. The secession plot was formed before Congress assembled.
There _was_ a power to check it. If our President had acted as Jackson
did, there would have been an end of it. The day for hanging for
treason has gone by. We must look at things as they are. Even in
battle the white flag must be respected. Let this subject be frankly
discussed in a conciliatory manner. If any State has the right to go
out of the Union at its own volition, then this Government, in my
opinion, is not worth the trouble of preserving. The President is
sworn to protect and uphold the Government. So long as there is a
navy, an army, and a militia, it is his sworn duty to uphold it--to
uphold it as well against an attack from States as from individuals.
The Government is one of love and affection, it is true, but it is
also one of strength, and power. Where was there ever a more indulgent
people than ours? Our forts have been taken, our flag has been fired
upon, our property seized, and as yet nothing has been done. But they
will not be indulgent forever. Beware, gentlemen, how you force them
further. Gentlemen talk about the inefficiency of Congress; I wish
there was some efficiency in the Executive. If there was, or had been,
our present troubles would have been avoided.
Mr. TURNER:--I do not understand that the report of the majority is
applicable to future territory. I move the recommitment of the report,
to have that question settled.
Mr. JOHNSON:--It is true there are different constructions which may
be placed on the report. I think if it had been understood to apply to
future territory, it could not have received the support of a majority
of the committee. Mr. CRITTENDEN'S proposition applies to future
territory. I submitted a proposition to the committee also intended to
apply to future territory. A majority of the committee was opposed to
it. Mr. EWING drew this part of the amendment, and there is some
difference of opinion about it. In my opinion the amendment would not
apply to future territory, and I intended at the proper time to offer
an amendment which should make it plain, and not leave it open to
construction. Personally, I should be glad to apply it to future
territory, but I shall yield. I think if we can settle the question
now, there will be no further trouble. I do not believe any territory
will be acquired hereafter without great unanimity. It is not quite
true, although it may be probable, that the future territory will be
south of the line proposed.
Mr. TURNER:--I am still more confirmed that it was the intention of
the committee to have the amendment only apply to existing territory.
If this is settled now, it will shorten the debate. If the gentleman
will move to amend now, I will withdraw my motion.
Mr. JOHNSON:--I move to amend by inserting the word _present_ before
the word _territory_ in the first line of Section I., with such other
verbal amendments as may make the sense conform, and to adopt that
amendment now. This covers the whole ground. I wish to discuss these
amendments, but am physically unable to speak to-day, and would
prefer to have the discussion deferred.
Mr. JOHNSON then moved an adjournment, which was carried on a
division, and the Convention adjourned at two o'clock and fifty
minutes.
ELEVENTH DAY.
WASHINGTON, MONDAY, _February 18th, 1861._
The Convention was opened with prayer by Rev. P.D. GURLEY.
The Journal of yesterday was read and approved.
Mr. CHITTENDEN offered the following resolution:
_Resolved_, That the rules of this Convention be so far
modified as to require the Secretary to employ a competent
stenographer, who shall write down and preserve accurate
notes of the debates and other proceedings of this body,
which notes shall not be communicated to any person, nor
shall copies thereof be taken, nor shall the same be made
public until after the final adjournment of this Convention,
except in pursuance of a vote authorizing their publication.
Mr. CHITTENDEN:--I have no desire to occupy time in debating this
resolution, much less to waste it in a fruitless attempt to oppose
what seems to be the settled purpose of a majority of this Convention.
But if this body will consider the purpose which the resolution seeks
to attain, it may, perhaps, be found less objectionable than other
similar ones which have been defeated. The objection heretofore made
is, that a publication of what transpires here would lead to an
excited criticism in the country, which would be unfavorable to the
calmness and ultimate success which should attend our deliberations.
While I entertain no such apprehensions, permit me to observe that
this resolution contemplates no present publication of our debates,
but a publication at such a time, and in such a manner, as will be
unobjectionable. That time may not come till after our adjournment. I
am free to say, that when we are dealing with the important issues now
before us, I prefer to have our action, our words, our whole conduct,
all that we do and say, open and public. We should fear no criticism
when we are right; we ought to be held to account when we are wrong.
But if gentlemen will not consent to this, at least let the daily
record of each of us be made up now: let it be full and perfect. When
a question comes up hereafter which concerns the sentiments or the
action of a member, let its decision depend upon no uncertain
recollection, a recollection which must fade and grow dim with each
one of us, as the time of this Convention recedes into the past. Such
a record can injure no one; it may be of infinite service hereafter. I
could not justify myself to my conscience, or to those who have a
right to hold me responsible for my acts here, if I failed to do all
that lays in my power to have the true history of this Convention laid
before the country. A naked journal amounts to nothing. It is a
skeleton. Our discussions alone will give it form and comeliness. I
have prepared this resolution upon consultation with many members,
whose ideas of what should be done here agree with mine. They concur
with me in the propriety of offering it. If it fails, the
responsibility of keeping our discussions from the people will not
rest with us.
Mr. POLLOCK:--I move to lay the resolution on the table.
Mr. CHITTENDEN:--Let the vote be taken by States.
The vote was so taken, and the following States voted in the
affirmative: Connecticut, Rhode Island, New Jersey, Delaware,
Maryland, Kentucky, Tennessee, North Carolina, Missouri, Virginia, and
Pennsylvania--11.
The following States voted in the negative: Maine, Vermont, New
Hampshire, Massachusetts, Indiana, Illinois, Iowa, and New York--8.
So the motion to lay on the table prevailed.
When the State of Ohio was called, a member of her delegation stated
that it was equally divided.
Mr. TUCK:--I ask the unanimous consent of the Conference to introduce
a proposition in the form of an address to the people of the United
States. I do so after having consulted a considerable number of
members; and having found that it meets their approval, I desire to
read it, and will then move that it be laid on the table and printed.
Mr. RANDOLPH:--Is the gentleman's motion in order?
Mr. EWING:--I object to the reading.
Mr. CLAY:--Certainly; I object also.
Mr. TUCK:--I will acquiesce with a single word. I certainly hoped no
curt objection would be made to the reading of _any_ proposition which
any member might deem it his duty to offer. As gentlemen differ from
me in this respect, I will hand the paper to the Chair. I hope at
least it may be permitted to lay on the table.
The PRESIDENT:--I hold it the gentleman's undoubted right to read the
paper if he chooses.
Mr. TUCK:--Very well.
He commenced reading when he was interrupted by
Mr. WICKLIFFE:--I hope Mr. TUCK will withdraw this paper. If the
Convention agrees to any result, I shall favor its submission to the
people with an address. I will pledge myself to suggest the
gentleman's name as one of a committee to prepare the address at the
proper time.
The PRESIDENT:--The gentleman from New Hampshire has the floor.
Mr. TUCK then completed the reading of the paper, as follows:
TO THE PEOPLE OF THE UNITED STATES:
This Convention of Conference, composed in part of
Commissioners appointed in accordance with the legislative
action of sundry States, and in part of Commissioners
appointed by the Governors of sundry other States, in
compliance with an invitation by the General Assembly of
Virginia, met in Washington on the 4th of February, 1861.
Although constituting a body unknown to the Constitution and
laws, yet being delegated for the purpose, and having
carefully considered the existing dangers and dissensions,
and having brought their proceedings to a close, publish
this address, and the accompanying resolutions, as the
result of their deliberations.
We recognize and deplore the divisions and distractions
which now afflict our country, interrupt its prosperity,
disturb its peace, and endanger the Union of the States; but
we repel the conclusion, that any alienations or dissensions
exist which are irreconcilable, which justify attempts at
revolution, or which the patriotism and fraternal sentiments
of the people, and the interests and honor of the whole
nation, will not overcome.
In a country embracing the central and most important
portion of a continent, among a people now numbering over
thirty millions, diversities of opinion inevitably exist;
and rivalries, intensified at times by local interests and
sectional attachments, must often occur; yet we do not doubt
that the theory of our Government is the best which is
possible for this nation, that the Union of the States is of
vital importance, and that the Constitution, which
expresses the combined wisdom of the illustrious founders of
the Government, is still the palladium of our liberties,
adequate to every emergency, and justly entitled to the
support of every good citizen.
It embraces, in its provisions and spirit, all the defence
and protection which any section of the country can
rightfully demand, or honorably concede.
Adopted with primary reference to the wants of five millions
of people, but with the wisest reference to future expansion
and development, it has carried us onward with a rapid
increase of numbers, an accumulation of wealth, and a degree
of happiness and general prosperity never attained by any
nation.
Whatever branch of industry, or whatever staple production,
shall become, in the possible changes of the future, the
leading interest of the country, thereby creating unforeseen
complications or new conflicts of opinion and interest, the
Constitution of the United States, properly understood and
fairly enforced, is equal to every exigency, a shield and
defence to all, in every time of need. If, however, by
reason of a change in circumstances, or for any cause, a
portion of the people believe they ought to have their
rights more exactly defined or more fully explained in the
Constitution, it is their duty, in accordance with its
provisions, to seek a remedy by way of amendment to that
instrument; and it is the duty of all the States to concur
in such amendments as may be found necessary to insure equal
and exact justice to all.
In order, therefore, to announce to the country the
sentiments of this Convention, respecting not only the
remedy which should be sought for existing discontents, but
also to communicate to the public what we believe to be the
patriotic sentiment of the country, we adopt the following
resolutions:
1st. _Resolved_, That this Convention recognize the
well-understood proposition that the Constitution of the
United States gives no power to Congress, or any branch of
the Federal Government, to interfere in any manner with
slavery in any of the States; and we are assured by abundant
testimony, that neither of the great political organizations
existing in the country contemplates a violation of the
spirit of the Constitution in this regard, or the procuring
of any amendment thereof, by which Congress, or any
department of the General Government, shall ever have
jurisdiction over slavery in any of the States.
2d. _Resolved_, That the Constitution was ordained and
established, as set forth in the preamble, by the people of
the United States, in order to form a more perfect Union,
establish justice, insure domestic tranquillity, provide for
the common defence, promote the general welfare, and secure
the blessings of liberty to themselves and their posterity;
and when the people of any State are not in full enjoyment
of all the benefits intended to be secured to them by the
Constitution, or their rights under it are disregarded,
their tranquillity disturbed, their prosperity retarded, or
their liberty imperilled by the people of any State, full
and adequate redress can and ought to be provided for such
grievances.
3d. _Resolved_, That this Convention recommend to the
Legislatures of the States of the Union to follow the
example of the Legislatures of the States of Kentucky and of
Illinois, in applying to Congress to call a Convention for
the proposing of amendments to the Constitution of the
United States, pursuant to the fifth article thereof.
Mr. GUTHRIE:--I object to printing this paper. If that course is
taken, every member may offer his disquisitions on the Constitution,
and they will be printed at our expense.
Mr. TUCK:--Unanimous consent was given that it be read, laid on the
table, and printed.
The PRESIDENT:--There were three motions involved in one. Now the
question is upon laying the paper on the table and printing it.
Mr. ALEXANDER:--I call for a division of the question.
The PRESIDENT:--The question will be on the motion to lay it on the
table.
Mr. TUCK:--Are we not entitled to have the question taken on the
motion to print? I supposed all these questions would be taken in a
spirit of conciliation. But if not, I will withdraw the motion to lay
on the table, and move that the paper be printed.
Mr. MOREHEAD, of Kentucky:--I came here in a spirit of conciliation,
and I shall act in that spirit. Let us all do so. I disagree entirely
with Mr. TUCK and his proposition, but I am in favor of receiving
every proposition that is offered, of printing them all, and at the
proper time of considering them all. I trust that unanimous consent
will be given to printing this paper.
The PRESIDENT then put the motion upon printing the address, and it
was carried upon a division.
Mr. GUTHRIE offered the following resolution, which was adopted
unanimously:
_Resolved_, That if the President shall choose to speak on
any question, he may, for the occasion, call any member to
preside.
Mr. MEREDITH:--I wish to offer a proposition, and hope for the present
it may lie on the table, and be considered hereafter. I do not desire
to move it as an amendment to the report of the committee, but think
it better to present it as a direct and independent proposition. I
present it now only for the purpose of having it before the
Convention. It is as follows:
ARTICLE.--That Congress shall divide all the territory of
the United States into convenient portions, each containing
not less than sixty thousand square miles, and shall
establish in each a territorial government; the several
territorial legislatures, whether heretofore constituted, or
hereafter to be constituted, shall have all the legislative
powers now vested in the respective States of this Union;
and whenever any territory having a population sufficient,
according to the ratio existing at the time, to entitle it
to one member of Congress, shall form a republican
constitution, and apply to Congress for admission as a
State, Congress shall admit the same as a State accordingly.
The proposition of Mr. MEREDITH was laid on the table without
objection.
Mr. WICKLIFFE:--There appears to be a misunderstanding between the
Secretary and myself upon the question of printing the Journal. To
avoid question, I move that the Journal be printed up to and including
to-day.
Mr. GOODRICH:--I move to amend by adding "and from day to day during
the session."
The amendment and the motion were adopted without objection.
Mr. ALEXANDER, of New Jersey, took the chair.
The PRESIDENT:--The Convention will now proceed to the order of the
day--the consideration of the report of the committee.
Mr. REID, of North Carolina:--I wish to move an amendment to the
amendment offered by Mr. JOHNSON. It is to add to his the words "and
future." If adopted, the language will be "present and future
territory."
Mr. EWING:--This will render a division of the question necessary. The
gentleman had better withdraw his amendment for the time.
Mr. REID:--I am instructed by the Legislature of North Carolina to
offer it, and I think best to do so in this regular manner.
Mr. CLEVELAND:--I think the motion of Mr. REID is out of order. I
suggest that if adopted, with Mr. JOHNSON'S amendment, the sense of
the proposition as it now stands will not be changed.
Mr. RUFFIN:--I rise merely to make a suggestion to my colleague. This
motion must be made at some time, by some one, so that we may have a
regular vote upon it. Now, as it is not certain how the report of the
majority of the committee is to be construed, I propose at a suitable
time to move an amendment which will make the proposition applicable
to territory hereafter acquired. If this will suit my colleague, I
hope he will withdraw his motion.
Mr. REID:--I came here not to deceive the North or the South. I intend
to be plain and unambiguous. Why should we send forth a proposition
that is uncertain, vague, and, as gentlemen admit, open to different
constructions? If we are to pour oil upon the troubled waters, let us
do so to some purpose; above all, let us be definite, plain, and
certain. I cannot consent to withdraw my motion. I must insist upon
its consideration.
Mr. LOGAN:--I had hoped the question on Mr. JOHNSON'S amendments would
have been taken on Saturday. It is an important one, and one which
must be met. I would suggest that it would be best to let the question
be taken on Mr. JOHNSON'S amendments now. The subject presents itself
to my mind in this way: The proposition of the majority, as it now
stands, is uncertain. The friends of the proposition ought to be
allowed to perfect it, to make it satisfactory to themselves. If there
is a doubt about it, let us make it clear that it applies only to the
present territory. Then we can have a clear and decisive vote upon it.
The substance of the proposition is what I wish to arrive at, and it
will be more in order if the vote is not taken till we know what that
substance is. I shall not object to its application to future
territory. I hope the gentleman from North Carolina will withdraw his
amendment, and let the question be taken on that of Mr. JOHNSON.
Mr. SEDDON:--One word only. I fear we are being placed in an awkward
position. I am desirous to have the language of the proposition clear
and not delusive. The amendment of Mr. JOHNSON embarrasses me; I
hardly know how to vote upon it. If I vote for Mr. JOHNSON'S motion, I
shall have the semblance of favoring the limitation of the proposition
to present territory. Mr. RUFFIN and myself both want the same thing,
but on Mr. JOHNSON'S motion he will vote one way and I the other.
Mr. RUFFIN:--Will the gentleman allow me to explain? I voted against
the proposition in committee because, as it now stands, it applies
only to existing territory. I wish to carry this proposition, but not
by the vote of the South alone. I want Northern votes, and assurances
that the people of the North will vote for the proposition and adopt
it.
Mr. SEDDON:--I shall feel disposed to vote against Mr. JOHNSON'S
motion.
The question was here stated by the President as follows:
The vote will be taken upon the motion of Mr. REID to amend the
amendment offered by Mr. JOHNSON.
Mr. REID:--It strikes me that the question is this: My proposition is
to add the words "and future," but Mr. JOHNSON'S amendment is to add
the word "present." Can this be treated as an amendment to his motion?
I must say that my duty to my country and State will prevent my voting
for the proposition as he proposes to limit it.
Mr. COALTER:--I think the committee ought to be permitted to amend and
complete their report. Let us, by general consent, agree to have the
word "present" inserted.
Mr. REID:--I object to that all the time.
Mr. TURNER:--I move that the report be recommitted for amendment.
Mr. COALTER:--Shall we adjourn over simply for this? That will use up
another day.
Mr. GUTHRIE:--I hope it will not be recommitted. We can settle the
question here in a moment.
The PRESIDENT:--The vote will now be taken.
Mr. McCURDY:--I call for the individual names of members voting.
The PRESIDENT:--The call is not in order.
The question was then taken on the amendment of Mr. REID, and resulted
as follows:
AYES--New Jersey, Delaware, Maryland, Kentucky, Tennessee,
North Carolina, Missouri, and Virginia--8.
NAYS--Vermont, Maine, New Hampshire, Massachusetts,
Connecticut, Rhode Island, Ohio, Indiana, Illinois,
Pennsylvania, New York, and Iowa--12.
So the amendment failed.
The PRESIDENT:--The question now recurs on the motion of the gentleman
from Maryland.
Mr. JOHNSON:--I trust that I shall not trespass upon the time of the
Conference, but the subject now before it is one of great importance,
and it involves the consideration of many important questions. The
amendment which I offer is for the purpose of making the proposition
of the committee clear and plain. I was aware that a construction
might be placed upon it different from that which the committee
intended; and it is due to the frankness which is manifested here,
that the purposes of the committee should be made plain. There ought
to be no ambiguity in a constitutional provision. Some of the most
important constitutional questions decided by the Supreme Court have
been questions of construction. Lawyers would differ about the
construction to be given the committee's proposition. I think the
Supreme Court has placed a construction upon the terms used here,
which would be conclusive. A similar question arose in the Dred Scott
case. There the question was upon that article in the Constitution
which confers on Congress the power "to dispose of and to make all
needful rules and regulations respecting the _territories_ or other
property belonging to the United States." The Court in that case
decided that the provision had no bearing on the controversy in that
case, because the power given by that provision, whatever it might be,
was confined, and was intended to be confined, to the territory which,
upon the adoption of the Constitution, belonged to or was claimed by
the United States, and was within their boundaries, as settled by the
treaty with Great Britain. With this clause in the Constitution,
therefore, it could have no influence upon the territory afterward
acquired from a foreign government. I think this decision conclusive,
and that the proposition, if incorporated into the Constitution, would
refer only to the territory now owned by the United States.
It was the wish of the representatives of some States in the committee
that the word "future" should be inserted in the report. I was opposed
to it: it was so odious to me to put words into the Constitution, or
to propose to do so, which should go forth to the world as an
indication that this Government proposes to acquire new territory in
any way. I have said that the Supreme Court in the Dred Scott case
decided that the words "the territories" in the Constitution only
applied to the then existing territory. I think they decided wrong in
this respect, though I agree to the correctness of the decision in
that case in the main; but such as it is, the decision is binding
upon this Conference and the people.
Mr. JOHNSON here read a portion of the opinion of Judge TANEY
delivered in the Dred Scott case, and continued:
You perceive that Judge TANEY turns the question upon the construction
of the word "the." Had the word "any" been used in its place, he must
have held that the provision applied to future, as well as the then
existing territory.
Knowing that it was the purpose of the majority of the committee to
exclude future territory from the operation of this proposition, and
that it was due to the committee and the Convention that their
purposes should be carried out, I offer my amendment as applicable to
the sixth line of the proposition as well as the first.
In discussing the merits of this report, in its application to the
existing condition of the country, I have to say a word to my Southern
friends. You have sought to extend this provision to territory which
shall be hereafter acquired. You have had a decisive vote and have
been beaten in this Conference. The fight has been a fair one; the
question has been thoroughly understood. We ought to acquiesce in the
decision of the majority. We cannot change this decision if we would;
and if we could change it, the proposition amended as you would prefer
to have it, would never pass Congress. The repeated action of that
body, during its present session, shows this conclusively. Accepting
this decision then, as definitive, can we not settle the question with
reference to existing territory? Shall we settle it? Settle it
fairly--recognizing and acknowledging the rights of all, and remain
brethren forever with the Free States! From my very heart, I say yes.
(Applause.) The proposition as it now stands covers all the territory
we have. The whole ground, the whole trouble, which has brought this
country into its present lamentable condition--has arisen over this
question. I believe if it had been disposed of or settled in some way
before, many States would have been kept in the Union that have now
gone out. And why should we not settle it?
We have now a territory extensive enough to sustain two hundred
millions of people--embracing almost every climate, fruitful in almost
every species of production--rich in all the elements of national
wealth, and governed by a Constitution that has raised us to an
elevation of grandeur that the world has never before witnessed. That
we should separate to the destruction of such a Government, on account
of territory we have not got, and territory that we do not want, is
not, I believe, the patriotic sense of the South.
But this proposition does not stand by itself alone. It is connected,
and must be construed, with the provision relating to the acquisition
of future territory. The second section of the committee's proposition
provides that territory shall not be acquired by the United States,
unless by treaty, nor, with unimportant exceptions, unless such treaty
shall be ratified by four-fifths of all the members of the Senate. Is
not that guaranty enough for us? Should we not act unreasonably if we
required further guaranty in this respect? For myself, I should have
preferred that the consent of two-thirds of the Senate only should be
required, and that that two-thirds should comprise a majority both
from the free and slave States.
Mr. RUFFIN:--At the proper time I shall move such an amendment.
Mr. JOHNSON:--If such an amendment is proposed I shall vote for it. I
know there will be objections raised to it, but they will be far
outweighed by the advantages it will give to the South.
But the objection of Mr. BALDWIN is opposed here, and it is one which
must be answered. He says this is the wrong way to propose amendments
to the Constitution--that our action is inconsistent with that
instrument. He does not claim that it is prohibited by the letter, but
by the spirit of the Constitution. Where does he get the spirit but
from the letter? There are two methods of proposing amendments to the
Constitution provided by that instrument. Let us see what they are.
Mr. JOHNSON here read the article of the Constitution providing for
amendments, and continued:
One is where two-thirds of Congress deem it advisable to propose
amendments; the other is where the States themselves propose them. My
learned brother would have us believe that the members of Congress,
acting under their official oaths, must each be satisfied that each
amendment proposed is proper to be incorporated in the instrument,
before they should propose them; and he maintains that there is a
difference, in fact, in the two methods prescribed. What right has
this body, if there is any force in this objection, to submit _his_
proposition to the States? If what we propose is revolutionary, then
what he proposes is revolutionary. I reply to him, with all respect
for his legal ability, and with all the humility which becomes me, and
insist that he is wrong. He refers to the opinion of Judge COLLAMER. I
hold Judge COLLAMER in much respect, and his opinion in great honor
here, but his statements are at war with the objections made by the
gentleman from Connecticut. Judge COLLAMER maintains that it is the
duty of Congress _to propose_ amendments, not to _recommend_ them. It
would be entirely proper, according to his opinion, for Congress to
propose amendments which they would not adopt themselves. I go
somewhat farther, and insist that it is the duty of Congress to
propose amendments whenever desired by any State or any considerable
section of the Union. If we have no right to suggest a line of action
to Congress, no right to petition Congress, no right to ask Congress
to propose amendments, as the gentleman insists, we had better go
home, or rather, I should say, we should never have come here.
There are twenty States represented in this Conference. I have no
doubt other States would have been here, but for the shortness of the
time. But how and why are we here? We have come here on the invitation
of Virginia; her resolutions are our constitution. We have come here
at her instance. For what purpose did she ask us to come here? under
what circumstances did she pass these resolutions? Virginia saw that
the country was going to ruin--that one State had already seceded, and
several others were about to follow. She saw there were circumstances
affecting the condition of the South which aroused her to frenzy--not
madness, but the frenzy which falls on every patriotic mind when it
witnesses a country going to destruction. She saw the country was
going to ruin with rapid steps, and that its ruin must be accomplished
unless her friends in the free States would come forward, and consent
to put into the Constitution additional guarantees which would satisfy
the people of the slave States that their rights were secure. See what
she did--what she said. She expresses it as her deliberate opinion,
"that unless the unhappy controversy which now divides the States of
this Confederacy shall be satisfactorily adjusted, a permanent
dissolution of the Union is inevitable; and the General Assembly,
representing the wishes of the people of the Commonwealth, is desirous
of employing every reasonable means to avert so dire a calamity, and
determined to make a final effort to restore the Union and the
Constitution, in the spirit in which they were established by the
fathers of the Republic."
Therefore she invites all States, whether slaveholding or
non-slaveholding, who were willing to unite with her in an earnest
effort to adjust the unhappy controversies in the spirit of the
Constitution, to come together to secure that adjustment. She asks us
to agree to some suitable adjustment. She does not leave us to suggest
what that adjustment shall be. She tells us herself. She requests us
to adopt it, and to submit it to Congress. She does not ask that
Congress should call a convention, for Congress could not. Try, if we
can, says Virginia, to come to some settlement of these unhappy
controversies, and send that settlement to Congress, that Congress may
submit it to the country.
Virginia invited you here. She told you just what she wanted. She says
if you cannot consent to that, then let her commissioners come home
and report the result. If this cannot be done, if the mode of
adjustment indicated by her cannot be substantially carried out, then
our whole authority is at an end.
This matter of amending the Constitution is not as intricate and
difficult a work as gentlemen imagine. Are there not twelve amendments
to the Constitution already? Were they submitted to the people by each
member of Congress acting under his official oath? Or were they
submitted in the very way the gentleman would avoid? Were they not
brought into the Constitution by outside pressure?
The Constitution has been amended. I wish to mark how it was done, and
then note why it was done.
There was a time when fears were entertained that wrongs might be done
to different sections of the Union under the Constitution as it then
stood. Congress listened to those fears, and did not hesitate to
propose amendments suggested from outside its own body--to submit them
to the people for adoption. It was necessary, in the judgment of
Congress, to do this, in order to restore confidence. It was done, and
confidence was restored. Is not that precisely our case now? Is not
confidence lost in the North and in the South?--not exactly lost,
perhaps, but shaken. The credit of the Government is gone. Even our
naval commanders are unable to negotiate Government bills abroad--are
reduced to the degrading alternative of asking the endorsement of
foreign States, in order to such negotiation. Some brilliant
individuals have suggested that we have already become so poor that
our widows and wives must bring out their stockings.
Our last loan was negotiated at twelve per cent. discount. The present
loan is not to be taken at any rate, unless the Government descends to
the humiliating alternative of securing State endorsements. Our credit
is going lower and lower every day, and it will soon come to the point
where our bonds will be worth no more than Continental money was.
Suppose we do nothing here. Are gentlemen blind to the consequences?
Gentlemen, honest and patriotic as I know you are, have you no love
for this Union?--have you no care for the preservation of this
Government? God forbid that I should say you have none! I know you too
well. My relations have been too intimate with you, and have existed
too long, for me to suppose it. You do love the Union. I speak for the
South and to the South. I know that we can still labor to keep this
Government together. If we follow the plain dictates of our judgment,
any other course would be impossible.
The Virginia Convention is even now in session, and what a convention
it is! Disguise as we may, deceive ourselves as we will, it is a
convention which proposes to consider the question of withdrawing the
State from the Union. Kentucky and Missouri, if we do nothing, will
soon follow. If there ever was a time in the history of the Government
for conciliation, for patriotic concession, that time is now. The time
has come when parties must be forgotten. Let not the word party be
mentioned here. It is not worthy of us. Representatives of the States,
you are above party--high above. The cords that bind you together are
a hundred times as strong as those which ever bound any party. Unless
we do something, and something very quickly, before the incoming
President is inaugurated, in all human probability he will have only
the States north of Mason and Dixon to govern--that is, if he is to
govern them in peace.
I think there is no right of secession; such is my individual opinion.
But there is a right higher than all these--the right of
self-defence, the right of revolution. It is recognized by the
Constitution itself. The Constitution was adopted by nine of the
States only. What right had those nine States to separate from the
other four?
Mr. SEDDON:--The right of secession.
Mr. JOHNSON:--I won't dispute about terms. In all such discussions,
Heaven save me from a Virginia politician!
The opinions of Mr. MADISON upon the Constitution are certainly
entitled to value. He had more to do with making it than any other
statesman of the time. I desire to read an opinion of his, which will
be found in number forty-two of the Federalist:
"Two questions of a very delicate nature present themselves
on this occasion:--1. On what principle the Confederation,
which stands in the solemn form of a compact among the
States, can be superseded without the unanimous consent of
the parties to it? 2. What relation is to subsist between
the nine or more States ratifying the Constitution, and the
remaining few who do not become parties to it?
"The first question is answered at once by recurring to the
absolute necessity of the case, to the great p
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