While instructive, it will also not
be devoid of interest, to pause here, and examine
the nature of the Crittenden Resolutions, and also
the Resolutions of the Peace Congress, which, we have
seen, were spurned by the Secession leaders, through
their chief mouthpiece in the United States Senate.
The Crittenden Compromise Resolutions
were in these words:
“A Joint Resolution proposing
certain Amendments to the Constitution of the United
States:
“Whereas, serious and alarming
dissensions have arisen between the Northern and the
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 these 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 the Senate and
House of Representatives of the United States of America,
in Congress assembled, (two thirds of both Houses
concurring), the following articles be, and are hereby
proposed and submitted as amendments to the Constitution
of the United States, which shall be valid to all
intents and purposes, as part of said Constitution,
when ratified by Conventions of three-fourths of the
several States:
“Article I. In all the territory
of the United States now held, or hereafter to be
acquired, situate north of latitude 36 30’,
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 own 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 ii. 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 iii. 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 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 afterward
taking them from the District.
“Article IV. 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.
“Article V. 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 have power to provide
by law, and it shall be its duty to provide, that
the United States shall pay to the owner who shall
apply for it, the full value of his Fugitive Slaves
in all cases where the Marshal, or other officer whose
duty it was to arrest said Fugitive, was prevented
from so doing by violence or intimidation, or where,
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.
["No Person held to Service or Labour
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 Labour, but shall be delivered up on claim
of the Party to whom such Service or Labour may
be due.” Art. IV., Sec. 2,
P 3, U. S. Constitution.]
“And in all such cases, when
the United States shall pay for such Fugitive, they
shall have the Right, in their own name, to sue the
county in which said violence, intimidation, or rescue,
was committed, and recover from it, with interest
and damages, the amount paid by them for said Fugitive
Slave. And the said county, 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 VI. 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 shall 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.
["Representatives and Direct Taxes
shall be apportioned among the several States
which may be included within this Union, according
to their respective Numbers, which shall be determined
by adding to the whole Number of Free Persons,
including those bound to Service for a Term of
Years, and excluding Indians not Taxed, three-fifths
of all Other Persons,” etc. Ar., Sec. 2, P 3, U. S. Constitution.]
“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 Congress, as
far as its power will 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 by the Senate
and house of Representatives in Congress assembled,
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 of Congress,
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. Congress, 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 misconstruction,
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 more effectual, and ought
to be thoroughly executed; and all further enactments
necessary to those ends ought to be promptly made.”
The Peace Conference, or “Congress,”
it may here be mentioned, was called, by action of
the Legislature of Virginia, to meet at Washington,
February 4, 1861. The invitation was extended
to all of such “States of this Confederacy
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” such
States to be represented by Commissioners “to
consider, and, if practicable, agree upon some suitable
adjustment.”
The Conference, or “Congress,”
duly convened, at that place and time, and organized
by electing ex-President John Tyler, of Virginia, its
President. This Peace Congress which
comprised 133 Commissioners, representing the States
of Maine, New Hampshire, Vermont, Massachusetts, Rhode
Island, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, Tennessee,
Kentucky, Missouri, Ohio, Indiana, Illinois, Iowa,
Wisconsin and Kansas remained in session
until February 27, 1861 and then submitted
the result of its labors to Congress, with the request
that Congress “will submit it to Conventions
in the States, as Article Thirteen of the Amendments
to the Constitution of the United States, in the following
shape:
“Section 1. In all the
present territory of the United States, north of the
parallel of 36 30’ of north latitude, Involuntary
Servitude, except in punishment of crime, is prohibited.
In all the present territory south of that line,
the status of Persons held to Involuntary Service or
Labor, as it now exists, shall not be changed; nor
shall any law be passed by Congress or the Territorial
Legislature to hinder or prevent the taking of such
Persons from any of the States of this Union to said
Territory, nor to impair the Rights arising from said
relation; but the same shall be subject to judicial
cognizance in the Federal Courts, according to the
course of the common law. When any Territory
north or south of said line, within such boundary
as Congress may prescribe, shall contain a population
equal to that required for a member of Congress, 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 Servitude,
as the Constitution of such State may provide.
“Section 2. No territory
shall be acquired by the United States, except by
discovery and for naval and commercial stations, depots,
and transit routes, without the concurrence of a majority
of all the Senators from States which allow Involuntary
Servitude, and a majority of all the Senators from
States which prohibit that relation; nor shall Territory
be acquired by treaty, unless the votes of a majority
of the Senators from each class of States hereinbefore
mentioned be cast as a part of the two-thirds majority
necessary to the ratification of such treaty.
“Section 3. Neither the
Constitution, nor any amendment thereof, shall be
construed to give Congress power to regulate, abolish,
or control, within any State, the relation established
or recognized by the laws thereof touching Persons
held 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 District
of Columbia, retaining, and taking away, Persons so
held to Labor or Service; 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 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, by sea or river, of touching
at ports, shores, and landings, and of landing in case
of distress, shall exist; but not the right of transit
in or through any State or Territory, or of sale or
traffic, against the laws thereof. Nor shall
Congress have power to authorize any higher rate of
taxation on Persons held to Labor or Service than
on land. The bringing into the District of Columbia
of Persons held to Labor or Service, for sale, or
placing them in depots to be afterwards transferred
to other places for sale as merchandize, is prohibited.
“Section 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.
“Section 5. The Foreign
Slave Trade is hereby forever prohibited; and it shall
be the duty of Congress to pass laws to prevent the
importation of Slaves, Coolies, or Persons held to
Service or Labor, into the United States and the Territories
from places beyond the limits thereof.
“Section 6. The first,
third, and fifth sections, together with this section
of these amendments, and the third paragraph of the
second section of the first article of the Constitution,
and the third paragraph of the second section of the
fourth article thereof, shall not be amended or abolished
without the consent of all the States.
“Section 7. Congress shall
provide by law that the United States shall pay to
the owner the full value of the Fugitive from Labor,
in all cases where the Marshal, or other officer,
whose duty it was to arrest such Fugitive, was prevented
from so doing by violence or intimidation from mobs
or riotous assemblages, or when, after arrest, such
Fugitive was rescued by like violence or intimidation,
and the owner thereby deprived of the same; and the
acceptance of such payment shall preclude the owner
from further claim to such Fugitive. Congress
shall provide by law for securing to the citizens
of each State the privileges and immunities of citizens
in the several States.”
To spurn such propositions as these with
all the concessions to the Slave Power therein contained was
equivalent to spurning any and all propositions that
could possibly be made; and by doing this, the Seceding
States placed themselves as they perhaps
desired in an utterly irreconcilable attitude,
and hence, to a certain extent, which had not entered
into their calculations, weakened their “Cause”
in the eyes of many of their friends in the North,
in the Border States, and in the World. They
had become Implacables. Practically considered,
this was their great mistake. The Crittenden
Compromise Resolutions covered and yielded to the
Slaveholders of the South all and even more than they
had ever dared seriously to ask or hope for, and had
they been open to Conciliation, they could have undoubtedly
carried that measure through both Houses of Congress
and three-fourths of the States.
["Its advocates, with good reason,
claimed a large majority of the People in its
favor, and clamored for its submission to a direct
popular vote. Had such a submission been
accorded, it is very likely that the greater
number of those who voted at all would have voted
to ratify it. The ‘Conservatives,’
so called, were still able to establish this
Crittenden Compromise by their own proper strength,
had they been disposed so to do. The President
was theirs; the Senate strongly theirs; in the
House, they had a small majority, as was evidenced
in their defeat of John Sherman for Speaker.
Had they now come forward and said, with authority:
’Enable us to pass the Crittenden Compromise,
and all shall be peace and harmony,’ they
would have succeeded without difficulty. It
was only through the withdrawal of pro-slavery members
that the Republicans had achieved an unexpected
majority in either House. Had those members
chosen to return to the seats still awaiting them,
and to support Mr. Crittenden’s proposition,
they could have carried it without difficulty.” Vo, Greeley’s Am. Conflict.]
But no, they wilfully withdrew their
Congressional membership, State by State, as each
Seceded, and refused all terms save those which involved
an absolute surrender to them on all points, including
the impossible claim of the “Right of Secession.”
Let us now briefly trace the history
of the Compromise measures in the two Houses of Congress.
The Crittenden-Compromise Joint-Resolution
had been introduced in the Senate at the opening of
its session and referred to a Select Committee of
Thirteen, and subsequently, January 16th, 1861, having
been reported back, came up in that body for action.
On that day it was amended by inserting the words
“now held or hereafter to be acquired”
after the words “In all the territory of the
United States,” in the first line of Article
I., so that it would read as given above. This
amendment by which not only in all territory
then belonging to the United States, but also by implication
in all that might thereafter be acquired, Slavery
South of 36 30’ was to be recognized was
agreed to by 29 yeas to 21 nays, as follows:
Yeas. Messrs. Baker,
Bayard, Benjamin, Bigler, Bragg, Bright, Clingman,
Crittenden, Douglas, Fitch, Green, Gwin, Hemphill,
Hunter, Iverson, Johnson of Tennessee, Kennedy, Lane,
Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice,
Saulsbury, Sebastian, Slidell and Wigfall 29.
NAYS. Messrs. Anthony,
Bingham, Cameron, Chandler, Clark, Collamer, Dixon,
Doolittle, Durkee, Fessenden, Foot, Foster, Grimes,
Hale, Harlan, King, Latham, Seward, Simmons, Sumner,
Ten Eyck, Trumbull, Wade and Wilson 24.
The question now recurred upon an
amendment, in the nature of a substitute, offered
by Mr. Clark, to strike out the preamble of the Crittenden
proposition and all of the resolutions after the word
“resolved,” and insert:
“That the provisions of the
Constitution are ample for the preservation of the
Union, and the protection of all the material interests
of the Country; that it needs to be obeyed rather
than amended; and that an extrication from our present
dangers is to be looked for in strenuous efforts to
preserve the peace, protect the public property, and
enforce the laws, rather than in new Guarantees for
particular interests, Compromises for particular difficulties,
or Concessions to unreasonable demands.
“Resolved, That all attempts
to dissolve the present Union, or overthrow or abandon
the present Constitution, with the hope or expectation
of constructing a new one, are dangerous, illusory,
and destructive; that in the opinion of the Senate
of the United States no such Reconstruction is practicable;
and, therefore, to the maintenance of the existing
Union and Constitution should be directed all the
energies of all the departments of the Government,
and the efforts of all good citizens.”
Before reaching a vote on this amendment,
Mr. Anthony, (January 16th) made a most conciliatory
speech, pointing out such practical objections to
the Crittenden proposition as occurred to his mind,
and then, continuing, said: “I believe,
Mr. President, that if the danger which menaces us
is to be avoided at all, it must be by Legislation;
which is more ready, more certain, and more likely
to be satisfactory, than Constitutional Amendment.
The main difficulty is the Territorial question.
The demand of the Senators on the other side of the
Chamber, and of those whom they represent, is that
the territory south of the line of the Missouri Compromise
shall be open to their peculiar Property. All
this territory, except the Indian Reservation, is within
the limits of New Mexico; which, for a part of its
northern boundary, runs up two degrees above that
line. This is now a Slave Territory; made so
by Territorial Legislation; and Slavery exists there,
recognized and protected. Now, I am willing,
as soon as Kansas can be admitted, to vote for the
admission of New Mexico as a State, with such Constitution
as the People may adopt. This disposes of all
the territory that is adapted to Slave Labor or that
is claimed by the South. It ought to settle
the whole question. Surely if we can dispose
of all the territory that we have, we ought not to
quarrel over that which we have not, and which we
have no very honest way of acquiring. Let us
settle the difficulties that threaten us now, and
not anticipate those which may never come. Let
the public mind have time to cool . In
offering to settle this question by the admission of
New Mexico, we of the North who assent to it propose
a great Sacrifice, and offer a large Concession.
“ But we make the offer
in a spirit of Compromise and good feeling, which
we hope will be reciprocated. I appeal to
Senators on the other side, when we thus offer to bridge
over full seven-eighths of the frightful chasm that
separates us, will you not build the other eighth?
When, with outstretched arms, we approach you so
near that, by reaching out your hands you can clasp
ours in the fraternal grasp from which they should
never be separated, will you, with folded arms and
closed eyes, stand upon extreme demands which you
know we cannot accept, and for which, if we did, we
could not carry our constituents? Together
our Fathers achieved the Independence of their Country;
together they laid the foundations of its greatness
and its glory; together they constructed this beautiful
system under which it is our privilege to live, which
it is our duty to preserve and to transmit.
Together we enjoy that privilege; together we must
perform that duty. I will not believe that,
in the madness of popular folly and delusion, the
most benignant Government that ever blessed humanity
is to be broken up. I will not believe that
this great Power which is marching with giant steps
toward the first place among the Nations of the Earth,
is to be turned ‘backward on its mighty track.’
There are no grievances, fancied or real, that cannot
be redressed within the Union and under the Constitution.
There are no differences between us that may not
be settled if we will take them up in the spirit of
those to whose places we have succeeded, and the fruits
of whose labors we have inherited.”
And to this more than fair proposition
to the Southerners to this touching appeal
in behalf of Peace what was the response?
Not a word! It seemed but to harden their hearts.
[Immediately after Mr. Anthony’s
appeal to the Southern Senators, a motion was
made by Mr. Collamer to postpone the Crittenden Resolutions
and take up the Kansas Admission Bill. Here was
the chance at once offered to them to respond
to that appeal to make a first step,
as it were. They would not make it. The
motion was defeated by 25 yeas to 30 nays Messrs.
Benjamin and Slidell of Louisiana, Hemphill and
Wigfall of Texas, Iverson of Georgia, and Johnson
of Arkansas, voting “nay.” The question
at once recurred on the amendment of Mr. Clark being
a substitute for the Crittenden Resolutions,
declaring in effect all Compromise unnecessary.
To let that substitute be adopted, was to insure the
failure of the Crittenden proposition. Yet
these same six Southern Senators though present,
refused to vote, and permitted the substitute
to be adopted by 25 yeas to 23 nays. The vote
of Mr. Douglas, who had been “called out
for an instant into the ante-room, and deprived
of the opportunity of voting “ as
he afterwards stated when vainly asking unanimous
consent to have his vote recorded among the nays-would
have made it 25 yeas to 24 nays, had he been
present and voting, while the votes of the six Southern
Senators aforesaid, had they voted, would have
defeated the substitute by 25 yeas to 30 nays.
Then upon a direct vote on the Crittenden Compromise
there would not only have been the 30 in its favor,
but the vote of at least one Republican (Baker) in
addition, to carry it, and, although that would
not have given the necessary two-thirds, yet
it would have been a majority handsome enough to have
ultimately turned the scales, in both Houses, for a
peaceful adjustment of the trouble, and have
avoided all the sad consequences which so speedily
befell the Nation. But this would not have
suited the Treasonable purposes of the Conspirators.
Ten days before this they had probably arranged
the Programme in this, as well as other matters.
Very certain it is that no time was lost by
them and their friends in making the best use for their
Cause of this vote, in the doubtful States of
Missouri and North Carolina especially.
In the St. Louis journals a Washington dispatch,
purporting (untruly however) to come from Senators
Polk and Green, was published to this effect.
“The Crittenden Resolutions were
lost by a vote of 25 to 23. A motion of
Mr. Cameron to reconsider was lost; and thus ends all
hope of reconciliation. Civil War is now
considered inevitable, and late accounts declare
that Fort Sumter will be attacked without delay.
The Missouri delegation recommend immediate Secession.”
This is but a sample of other similar
dispatches sent elsewhere. And the following
dispatch, signed by Mr. Crittenden, and published
in the Raleigh, N. C., Register, to quiet the
excitement raised by the telegrams of the Conspirators,
serves also to indicate that the friends of Compromise
were not disheartened by their defeat:
“Washington,
Jan. 17th, 9 P. M.
“In reply the
vote against my resolutions will be reconsidered.
Their failure was the
result of the refusal of six Southern
Senators to vote.
There is yet good hope of success.
“JohnJ. Crittenden.”
There is instruction
also to be drawn from the speeches of Senators
Saulsbury, and Johnson
of Tennessee, made fully a year afterward
(Ja-31, 1862) in
the Senate, touching the defeat of the
Crittenden Compromise
by the Clark substitute at this time.
Speaking of the second
session of the Thirty-sixth Congress, Mr.
Saulsbury said:
“At that session,
while vainly striving with others for the
adoption of those measures,
I remarked in my place in the Senate
that
“’If any
Gibbon should hereafter write the Decline and Fall
of the
American Republic, he
would date its fall from the rejection by the
Senate of the propositions
submitted by the Senator from Kentucky.’
“I believed so then, and I believe
so now. I never shall forget, Mr. President,
how my heart bounded for joy when I thought I saw a
ray of hope for their adoption in the fact that
a Republican Senator now on this floor came to
me and requested that I should inquire of Mr.
Toombs, who was on the eve of his departure for Georgia
to take a seat in the Convention of that State which
was to determine the momentous question whether
she should continue a member of the Union or
withdraw from it, whether, if the Crittenden propositions
were adopted, Georgia would remain in the Union.
“Said Mr. Toombs:
“’Tell him frankly for
me that if those resolutions are adopted by the
vote of any respectable number of Republican Senators,
evidencing their good faith to advocate their
ratification by their people, Georgia will not
Secede. This is the position I assumed before
the people of Georgia. I told them that if the
party in power gave evidence of an intention
to preserve our rights in the Union, we were
bound to wait until their people could act.’
“I communicated the answer.
The Substitute of the Senator from New Hampshire
[Mr. Clark] was subsequently adopted, and from that
day to this the darkness and the tempest and
the storm have thickened, until thousands like
myself, as good and as true Union men as you, Sir,
though you may question our motives, have not only
despaired but are without hope in the future.”
To this speech, Mr.
Johnson of Tennessee subsequently replied as
follows in the United
States Senate (Jan. 31, 1862)
“Sir, it has been said by the
distinguished Senator from Delaware [Mr. Saulsbury]
that the questions of controversy might all have been
settled by Compromise. He dealt rather extensively
in the Party aspect of the case, and seemingly
desired to throw the onus of the present condition
of affairs entirely on one side. He told us
that, if so and so had been done, these questions could
have been settled, and that now there would have
been no War. He referred particularly to
the resolution offered during the last Congress
by the Senator from New Hampshire [Mr. Clark], and
upon the vote on that he based his argument.
The Senator told us that the adoption
of the Clark amendment to the Crittenden Resolutions
defeated the settlement of the questions of controversy;
and that, but for that vote, all could have been peace
and prosperity now. We were told that the
Clark amendment defeated the Crittenden Compromise,
and prevented a settlement of the controversy.
On this point I will read a portion of the speech
of my worthy and talented friend from California
[Mr. Latham]; and when I speak of him thus, I
do it in no unmeaning sense I intend that he,
not I, shall answer the Senator from Delaware.
As I have said, the Senator from Delaware
told us that the Clark amendment was the turning
point in the whole matter; that from it had flowed
Rebellion, Revolution, War, the shooting and imprisonment
of people in different States perhaps he
meant to include my own. This was the Pandora’s
box that has been opened, out of which all the
evils that now afflict the Land have flown.
My worthy friend from California [Mr. Latham], during
the last session of Congress, made one of the
best speeches he ever made. In the course
of that speech, upon this very point he made use of
these remarks:
“’Mr. President, being
last winter a careful eye-witness of all that
occurred, I soon became satisfied that it was a deliberate,
wilful design, on the part of some representatives
of Southern States, to seize upon the election
of Mr. Lincoln merely as an excuse to precipitate
this revolution upon the Country. One evidence,
to my mind, is the fact that South Carolina never sent
her Senators here.’
“Then they certainly
were not influenced by the Clark amendment.
“’An additional evidence
is, that when gentlemen on this floor, by their
votes, could have controlled legislation, they refused
to cast them for fear that the very Propositions
submitted to this body might have an influence
in changing the opinions of their constituencies.
Why, Sir, when the resolutions submitted by the Senator
from New Hampshire [Mr. Clark], were offered as an
amendment to the Crittenden Propositions, for
the manifest purpose of embarrassing the latter,
and the vote taken on the 16th of January, 1861,
I ask, what did we see? There were fifty-five
Senators at that time upon this floor, in person.
The Globe of the second Session, Thirty-Sixth
Congress, Part I., page 409, shows that upon
the call of the yeas and nays immediately preceding
the vote on the substituting of Mr. Clark’s
amendment, there were fifty-five votes cast.
I will read the vote from the Globe:
“’Yeas Messrs.
Anthony, Baker, Bingham, Cameron, Chandler, Clark,
Collamer, Dixon, Doolittle,
Durkee, Fessenden, Foot, Foster,
Grimes, Hale, Harlan,
King, Seward, Simmons, Sumner, Ten Eyck,
Trumbull, Wade, Wilkinson,
and Wilson 25.
“NAYS Messrs.
Bayard, Benjamin, Bigler, Bragg, Bright, Clingman,
Crittenden, Douglas,
Fitch, Green, Gwin, Hemphill, Hunter, Iverson,
Johnson of Arkansas,
Johnson of Tennessee, Kennedy, Lane, Latham,
Mason, Nicholson, Pearce,
Polk, Powell, Pugh, Rice, Saulsbury,
Sebastian, Slidell and
Wigfall 30.
“The vote being
taken immediately after, on the Clark Proposition,
was as follows:
“Yeas Messrs.
Anthony, Baker, Bingham, Cameron, Chandler, Clark,
Collamer, Dixon, Doolittle,
Durkee, Fessenden, Foot, Foster,
Grimes, Hale, Harlan,
King, Seward, Simmons, Sumner, Ten Eyck,
Trumbull, Wade, Wilkinson
and Wilson 25.
“NAYS-Messrs.
Bayard, Bigler, Bragg, Bright, Clingman, Crittenden,
Fitch, Green, Gwin,
Hunter, Johnson of Tennessee, Kennefly, Lane,
Latham, Mason, Nicholson,
Pearce, Polk, Powell, Pugh, Rice,
Saulsbury and Sebastian-23.
“’Six senators retained
their seats and refused to vote, thus themselves
allowing the Clark Proposition to supplant the Crittenden
Resolution by a vote of twenty-five to twenty-three.
Mr. Benjamin of Louisiana, Mr. Hemphill and Mr.
Wigfall of Texas, Mr. Iverson of Georgia, Mr.
Johnson of Arkansas, and Mr. Slidell of Louisiana,
were in their seats, but refused to cast their votes.’
“I sat right behind Mr. Benjamin,
and I am not sure that my worthy friend was not
close by, when he refused to vote, and I said to him,
’Mr. Benjamin, why do you not vote? Why
not save this Proposition, and see if we cannot
bring the Country to it?’ He gave me rather
an abrupt answer, and said he would control his own
action without consulting me or anybody else.
Said I: ’Vote, and show yourself
an honest man.’ As soon as the vote was
taken, he and others telegraphed South, ‘We
cannot get any Compromise.’ Here were
six Southern men refusing to vote, when the amendment
would have been rejected by four majority if
they had voted. Who, then, has brought
these evils on the Country? Was it Mr. Clark?
He was acting out his own policy; but with the
help we had from the other side of the chamber,
if all those on this side had been true to the Constitution
and faithful to their constituents, and had acted with
fidelity to the Country, the amendment of the
Senator from New Hampshire could have been voted
down, the defeat of which the Senator from Delaware
says would have saved the Country. Whose fault
was it? Who is responsible for it? Who
did it? Southern traitors, as
was said in the speech of the Senator from California.
They did it. They wanted no Compromise.
They accomplished their object by withholding
their votes; and hence the Country has been involved
in the present difficulty. Let me read another
extract from this speech of the Senator from California
“’I recollect full well
the joy that pervaded the faces of some of those
gentlemen at the result, and the sorrow manifested
by the venerable Senator from Kentucky [Mr. Crittenden].
The record shows that Mr. Pugh, from Ohio, despairing
of any Compromise between the extremes of ultra
Republicanism and Disunionists, working manifestly
for the same end, moved, immediately after the vote
was announced, to lay the whole subject on the
table. If you will turn to page 443, same
volume, you will find, when, at a late period, Mr.
Cameron, from Pennsylvania, moved to reconsider the
vote, appeals having been made to sustain those
who were struggling to preserve the Peace of
the Country, that the vote was reconsidered; and
when, at last, the Crittenden Propositions were submitted
on the 2d day of March, these Southern States
having ’nearly all Seceded, they were then
lost but by one vote. Here is the vote:
“Yeas-Messrs.
Bayard, Bigler, Bright, Crittenden, Douglas, Gwin,
Hunter, Johnson of Tennessee,
Kennedy, Lane, Latham, Mason,
Nicholson, Polk, Pugh,
Rice, Sebastian, Thomson and Wigfall 19.
“’NAYS-Messrs.
Anthony, Bingham, Chandler, Clark, Dixon,
Doolittle, Durkee, Fessenden,
Foot, Foster, Grimes, Harlan, King,
Morrill, Sumner, Ten
Eyck, Trumbull, Wade, Wilkinson and Wilson 20.
“’If these Seceding Southern
senators had remained, there would have passed,
by a large vote (as it did without them), an amendment,
by a two-third vote, forbidding Congress ever interfering
with Slavery in the States. The Crittenden Proposition
would have been indorsed by a majority vote, the
subject finally going before the People, who
have never yet, after consideration, refused
Justice, for any length of time, to any portion of
the Country.
“’I believe
more, Mr. President, that these gentlemen were acting
in pursuance of a settled
and fixed plan to break up and destroy
this Government.’
“When we had it in our power
to vote down the amendment of the Senator from
New Hampshire, and adopt the Crittenden Resolutions,
certain Southern Senators prevented it; and yet,
even at a late day of the session, after they
had Seceded, the Crittenden Proposition was only
lost by one vote. If Rebellion and bloodshed
and murder have followed, to whose skirts does
the responsibility attach?
“What else was done at the very
same session? The House of Representatives
passed, and sent to this body, a Proposition to amend
the Constitution of the United States, so as to prohibit
Congress from ever hereafter interfering with
the Institution of Slavery in the States, making
that restriction a part of the Organic law of
the Land. That Constitutional Amendment came
here after the Senators from seven States had
Seceded; and yet it was passed by a two-third
vote in the Senate. Have you ever heard of any
one of the States which had then Seceded, or which
has since Seceded, taking up that Amendment to
the Constitution, and saying they would ratify
it, and make it a part of that instrument? No.
Does not the whole history of this Rebellion tell
you that it was Revolution that the Leaders wanted,
that they started for, that they intended to
have? The facts to which I have referred show
how the Crittenden Proposition might have been
carried; and when the Senators from the Slave
States were reduced to one-fourth of the members
of this body, the two Houses passed a Proposition to
Amend the Constitution, so as to guarantee to
the States perfect security in regard to the
Institution of Slavery in all future time, and prohibiting
Congress from legislating on the subject.
“But what more was done?
After Southern Senators had treacherously abandoned
the Constitution and deserted their posts here, Congress
passed Bills for the Organization of three new
Territories: Dakota, Nevada, and Colorado;
and in the sixth section of each of those Bills,
after conferring, affirmatively, power on the Territorial
Legislature, it went on to exclude certain powers
by using a negative form of expression; and it
provided, among other things, that the Legislature
should have no power to legislate so as to impair
the right to private property; that it should lay no
tax discriminating against one description of
Property in favor of another; leaving the power
on all these questions, not in the Territorial
Legislature, but in the People when they should come
to form a State Constitution.
“Now, I ask, taking the Amendment
to the Constitution, and taking the three Territorial
Bills, embracing every square inch of territory
in the possession of the United States, how much of
the Slavery question was left? What better
Compromise could have been made? Still
we are told that matters might have been Compromised,
and that if we had agreed to Compromise, bloody
Rebellion would not now be abroad in the Land.
Sir, Southern Senators are responsible for it.
They stood here with power to accomplish the result,
and yet treacherously, and, I may say, tauntingly
they left this chamber, and announced that they
had dissolved their connection with the Government.
Then, when we were left in the hands of those whom
we had been taught to believe would encroach upon our
Rights, they gave us, in the Constitutional Amendment
and in the three Territorial Bills, all that
had ever been asked; and yet gentlemen talked
Compromise!
“Why was not this taken and accepted?
No; it was not Compromise that the Leaders wanted;
they wanted Power; they wanted to Destroy this
Government, so that they might have place and emolument
for themselves. They had lost confidence
in the intelligence and virtue and integrity
of the People, and their capacity to govern themselves;
and they intended to separate and form a government,
the chief corner-stone of which should be Slavery,
disfranchising the great mass of the People,
of which we have seen constant evidence, and
merging the Powers of Government in the hands of the
Few. I know what I say. I know their
feelings and their sentiments. I served
in the Senate here with them. I know they were
a Close Corporation, that had no more confidence in
or respect for the People than has the Dey of
Algiers. I fought that Close Corporation
here. I knew that they were no friends of the
People. I knew that Slidell and Mason and
Benjamin and Iverson and Toombs were the enemies
of Free Government, and I know so now. I commenced
the war upon them before a State Seceded; and I intend
to keep on fighting this great battle before
the Country, for the perpetuity of Free Government.
They seek to overthrow it, and to establish
a Despotism in its place. That is the great battle
which is upon our hands. Now, the Senator
from Delaware tells us that if that (Crittenden)
Compromise had been made, all these consequences
would have been avoided. It is a mere pretense;
it is false. Their object was to overturn
the Government. If they could not get the
Control of this Government, they were willing to divide
the Country and govern part of it.”]
The Clark substitute was then agreed
to, by 25 (Republican) yeas to 23 Democratic and Conservative
(Bell-Everett) nays 6 Pro-Slavery Senators
not voting, although present; and then, without division,
the Crittenden Resolutions were tabled Mr.
Cameron, however, entering a motion to reconsider.
Subsequently the action of the Senate, both on the
Resolutions and Substitute, was reconsidered, and March
2d the matter came up again, as will hereafter appear.
Two days prior to this action in the
Senate, Mr. Corwin, Chairman of the Select Committee
of Thirty-three, reported to the House (January 14th),
from a majority of that Committee, the following Joint
Resolution:
“Resolved by the Senate and
House of Representatives of the United States of America
in Congress assembled, That all attempts on the parts
of the Legislatures of any of the States to obstruct
or hinder the recovery and surrender of Fugitives
from Service or Labor, are in derogation of the Constitution
of the United States, inconsistent with the comity
and good neighborhood that should prevail among the
several States, and dangerous to the Peace of the
Union.
“Resolved, That the several
States be respectfully requested to cause their Statutes
to be revised, with a view to ascertain if any of them
are in conflict with or tend to embarrass or hinder
the execution of the Laws of the United States, made
in pursuance of the second section of the Fourth Article
of the Constitution of the United States for the delivery
up of Persons held to Labor by the laws of any State
and escaping therefrom; and the Senate and House of
Representatives earnestly request that all enactments
having such tendency be forthwith repealed, as required
by a just sense of Constitutional obligations, and
by a due regard for the Peace of the Republic; and
the President of the United States is requested to
communicate these resolutions to the Governors of
the several States, with a request that they will lay
the same before the Legislatures thereof respectively.
“Resolved, That we recognize
Slavery as now existing in fifteen of the United States
by the usages and laws of those States; and we recognize
no authority, legally or otherwise, outside of a State
where it so exists, to interfere with Slaves or Slavery
in such States, in disregard of the Rights of their
owners or the Peace of society.
“Resolved, That we recognize
the justice and propriety of a faithful execution
of the Constitution, and laws made in pursuance thereof,
on the subject of Fugitive Slaves, or Fugitives from
Service or Labor, and discountenance all mobs or hindrances
to the execution of such laws, and that citizens of
each State shall be entitled to all the privileges
and immunities of citizens in the several States.
“Resolved, That we recognize
no such conflicting elements in its composition, or
sufficient cause from any source, for a dissolution
of this Government; that we were not sent here to
destroy, but to sustain and harmonize the Institutions
of the Country, and to see that equal justice is done
to all parts of the same; and finally, to perpetuate
its existence on terms of equality and justice to
all the States.
“Resolved, That a faithful observance,
on the part of all the States, of all their Constitutional
obligations to each other and to the Federal Government,
is essential to the Peace of the Country.
“Resolved, That it is the duty
of the Federal Government to enforce the Federal Laws,
protect the Federal property, and preserve the Union
of these States.
“Resolved, That each State be
requested to revise its Statutes, and, if necessary,
so to amend the same as to secure, without Legislation
by Congress, to citizens of other States traveling
therein, the same protection as citizens of such States
enjoy; and also to protect the citizens of other States
traveling or sojourning therein against popular violence
or illegal summary punishment, without trial in due
form of law, for imputed crimes.
“Resolved, That each State be
also respectfully requested to enact such laws as
will prevent and punish any attempt whatever in such
State to recognize or set on foot the lawless invasion
of any other State or Territory.
“Resolved, That the President
be requested to transmit copies of the foregoing resolutions
to the Governors of the several States, with a request
that they be communicated to their respective Legislatures.”
This Joint Resolution, with amendments
proposed to the same, came up in the House for action,
on the 27th of February, 1861 the same day
upon which the Peace Congress or Conference concluded
its labors at Washington.
The Proposition of Mr. Burch, of California,
was the first acted upon. It was to amend the
Select Committee’s resolutions, as above given,
by adding to them another resolution at the end thereof,
as follows:
“Resolved, etc., That it
be, and is hereby, recommended to the several States
of the Union that they, through their respective Legislatures,
request the Congress of the United States to call a
Convention of all the States, in accordance with Article
Fifth of the Constitution, for the purpose of amending
said Constitution in such manner and with regard to
such subjects as will more adequately respond to the
wants, and afford more sufficient Guarantees to the
diversified and growing Interests of the Government
and of the People composing the same.”
This (Burch) amendment, however, was
defeated by 14 yeas to 109 nays.
A Proposition of Mr. Kellogg, of Illinois,
came up next for action. It was a motion to
strike out all after the first word “That”
in the Crittenden Proposition which had
been offered by Mr. Clemens as a substitute for the
Committee Resolutions and insert the following:
“The following articles be,
and are hereby, proposed and submitted as Amendments
to the Constitution of the United States, which shall
be valid, to all intents and purposes as part of said
Constitution, when ratified by Conventions of three-fourths
of the several States.
“Article XIII. That in
all the territory now held by the United States situate
north of latitude 36 30’ Involuntary Servitude,
except in the punishment for crime, is prohibited
while such territory shall remain under a Territorial
government; that in all the territory now held south
of said line, neither Congress nor any Territorial
Legislature shall hinder or prevent the emigration
to said territory of Persons; held to Service from
any State of this Union, when that relation exists
by virtue of any law or usage of such State, while
it shall remain in a Territorial condition; 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 may, if its
form of government be Republican, be admitted into
the Union on an equal footing with the original States,
with or without the relation of Persons held to Service
and Labor, as the Constitution of such new State may
provide.
“Article XIV. That nothing
in the Constitution of the United States, or any amendment
thereto, shall be so construed as to authorize any
Department of the Government to in any manner interfere
with the relation of Persons held to Service in any
State where that relation exists, nor in any manner
to establish or sustain that relation in any State
where it is prohibited by the Laws or Constitution
of such State. And that this Article shall not
be altered or amended without the consent of every
State in the Union.
“Article XV. The third
paragraph of the second section of the Fourth Article
of the Constitution shall be taken and construed to
authorize and empower Congress to pass laws necessary
to secure the return of Persons held to Service or
Labor under the laws of any State, who may have escaped
therefrom, to the party to whom such Service or Labor
may be due.
“Article XVI. The migration
or importation of Persons held to Service or Involuntary
Servitude, into any State, Territory, or place within
the United States, from any place or country beyond
the limits of the United States or Territories thereof,
is forever prohibited.
“Article XVII. No territory
beyond the present limits of the United States and
the Territories thereof, shall be annexed to or be
acquired by the United States, unless by treaty, which
treaty shall be ratified by a vote of two-thirds of
the Senate.”
The Kellogg Proposition was defeated
by 33 yeas to 158 nays.
The Clemens Substitute was next voted
on. This embraced the whole of the Crittenden
Compromise Proposition, as amended in the Senate by
inserting the provision as to all territory “hereafter
acquired,” with the addition of another proposed
Article of Amendment to the Constitution, as follows:
“Article vii. Section
I. 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.
“Section ii. The
United States shall have power to acquire from time
to time districts of country in Africa and South America,
for the colonization, at expense of the Federal Treasury,
of such Free Negroes and Mulattoes as the several
States may wish to have removed from their limits,
and from the District of Columbia, and such other places
as may be under the jurisdiction of Congress.”
The Clemens Substitute (or Crittenden
Measure, with the addition of said proposed Article
vii.), was defeated by 80 yeas to 113 nays, and
then the Joint Resolution of the Select Committee
as heretofore given after a vain attempt
to table it was passed by 136 yeas to 53
nays.
Immediately after this action, a Joint
Resolution to amend the Constitution of the United
States, which had also been previously reported by
the Select Committee of Thirty-three, came before the
House, as follows:
“Be it Resolved by the Senate
and House of Representatives of the United States
of America in Congress assembled, (two-thirds of both
Houses concurring), That the following Article be
proposed to the Legislatures of the several States
as an Amendment to the Constitution of the United
States, which, when ratified by three-fourths of said
Legislatures, shall be valid, to all intents and purposes,
as a part of the said Constitution, namely:
“Article XII. No amendment
of this Constitution having for its object any interference
within the States with the relation between their
citizens and those described in Section ii. of
the First Article of the Constitution as ‘all
other persons,’ shall originate with any State
that does not recognize that relation within its own
limits, or shall be valid without the assent of every
one of the States composing the Union.”
Mr. Corwin submitted an Amendment
striking out all the words after “namely;”
and inserting the following:
“Article XII. No amendment
shall be made to the Constitution which will authorize
or give to Congress the power to abolish or interfere,
within any State, with the Domestic Institutions thereof,
including that of Persons held to Labor or Service
by the laws of said State.”
Amid scenes of great disorder, the
Corwin Amendment was adopted by 120 yeas to 61 nays,
and then the Joint Resolution as amended, was defeated
(two-thirds not voting in the affirmative) by 123 yeas
to 71 nays. On the following day (February 28th),
amid still greater confusion and disorder, which the
Speaker, despite frequent efforts, was unable to quell,
that vote was reconsidered, and the Joint Resolution
passed by 133 yeas to 65 nays a result
which, when announced was received with “loud
and prolonged applause, both on the floor, and in the
galleries.”
On the 2d of March, the House Joint
Resolution just given, proposing an Amendment to the
Constitution, prohibiting Congress from touching Slavery
within any State where it exists, came up in the Senate
for action.
Mr. Pugh moved to substitute for it
the Crittenden Proposition.
Mr. Doolittle moved to amend the proposed
substitute (the Crittenden Proposition), by the insertion
of the following, as an additional Article:
“Under this Constitution, as
originally adopted, and as it now exists, no State
has power to withdraw from the jurisdiction of the
United States; but this Constitution, and all laws
passed in pursuance of its delegated powers, are the
Supreme Law of the Land, anything contained in any
Constitution, Ordinance, or Act of any State, to the
contrary notwithstanding.”
Mr. Doolittle’s amendment was lost by 18 yeas
to 28 nays.
Mr. Pugh’s substitute (the Crittenden
Proposition), was lost by 14 yeas to 25 nays.
Mr. Bingham moved to amend the House
Joint Resolution, by striking out all after the word
“resolved,” and inserting the words of
the Clark Proposition as heretofore given, but the
amendment was rejected by 13 yeas to 25 nays.
Mr. Grimes moved to strike out all
after the word “whereas” in the preamble
of the House Joint Resolution, and insert the following:
“The Legislatures of the States
of Kentucky, New Jersey, and Illinois have applied
to Congress to call a Convention for proposing Amendments
to the Constitution of the United States: Therefore,
“Be it Resolved by the Senate
and House of Representatives of the United States
of America in Congress assembled, That the Legislatures
of the other States be invited to take the subject
of such a Convention into consideration, and to express
their will on that subject to Congress, in pursuance
of the Fifth Article of the Constitution.”
This amendment was also rejected, by 14 yeas to 25
nays.
Mr. Johnson, of Arkansas, offered,
as an amendment to the House Joint Resolution, the
propositions submitted by the Peace Congress or Conference,
but the amendment was disagreed to by 3 yeas to 34
nays.
The House Joint Resolution was then
adopted by 24 yeas to 12 nays.
Subsequently the Crittenden Proposition
came up again as a separate order, with the Clark
substitute to it (once carried, but reconsidered),
pending. The Clark substitute was then rejected
by 14 yeas to 22 nays.
Mr. Crittenden then offered the Propositions
of the Peace Congress, as a substitute for his own-and
they were rejected by 7 yeas to 28 nays.
The Crittenden Proposition itself
was then rejected, by 19 yeas to 20 nays.