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and the same hereby are, rescinded.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 deg. 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 N.
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 N.
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.
N.
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, Se. 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.
N.
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.