WASHINGTON, MONDAY, February 18th, 1861.
The Convention was opened with prayer
by Rev. P.D. GURLEY.
The Journal of yesterday was read and approved.
Mr. CHITTENDEN offered the following resolution:
Resolved, That the rules of
this Convention be so far modified as to require
the Secretary to employ a competent stenographer,
who shall write down and preserve accurate notes
of the debates and other proceedings of this body,
which notes shall not be communicated to any person,
nor shall copies thereof be taken, nor shall
the same be made public until after the final
adjournment of this Convention, except in pursuance
of a vote authorizing their publication.
Mr. CHITTENDEN: I have
no desire to occupy time in debating this resolution,
much less to waste it in a fruitless attempt to oppose
what seems to be the settled purpose of a majority
of this Convention. But if this body will consider
the purpose which the resolution seeks to attain,
it may, perhaps, be found less objectionable than other
similar ones which have been defeated. The objection
heretofore made is, that a publication of what transpires
here would lead to an excited criticism in the country,
which would be unfavorable to the calmness and ultimate
success which should attend our deliberations.
While I entertain no such apprehensions, permit me
to observe that this resolution contemplates no present
publication of our debates, but a publication at such
a time, and in such a manner, as will be unobjectionable.
That time may not come till after our adjournment.
I am free to say, that when we are dealing with the
important issues now before us, I prefer to have our
action, our words, our whole conduct, all that we
do and say, open and public. We should fear no
criticism when we are right; we ought to be held to
account when we are wrong. But if gentlemen will
not consent to this, at least let the daily record
of each of us be made up now: let it be full and
perfect. When a question comes up hereafter which
concerns the sentiments or the action of a member,
let its decision depend upon no uncertain recollection,
a recollection which must fade and grow dim with each
one of us, as the time of this Convention recedes into
the past. Such a record can injure no one; it
may be of infinite service hereafter. I could
not justify myself to my conscience, or to those who
have a right to hold me responsible for my acts here,
if I failed to do all that lays in my power to have
the true history of this Convention laid before the
country. A naked journal amounts to nothing.
It is a skeleton. Our discussions alone will
give it form and comeliness. I have prepared
this resolution upon consultation with many members,
whose ideas of what should be done here agree with
mine. They concur with me in the propriety of
offering it. If it fails, the responsibility
of keeping our discussions from the people will not
rest with us.
Mr. POLLOCK: I move to
lay the resolution on the table.
Mr. CHITTENDEN: Let the vote be taken by
States.
The vote was so taken, and the following
States voted in the affirmative: Connecticut,
Rhode Island, New Jersey, Delaware, Maryland, Kentucky,
Tennessee, North Carolina, Missouri, Virginia, and
Pennsylvania 11.
The following States voted in the
negative: Maine, Vermont, New Hampshire, Massachusetts,
Indiana, Illinois, Iowa, and New York 8.
So the motion to lay on the table prevailed.
When the State of Ohio was called,
a member of her delegation stated that it was equally
divided.
Mr. TUCK: I ask the unanimous
consent of the Conference to introduce a proposition
in the form of an address to the people of the United
States. I do so after having consulted a considerable
number of members; and having found that it meets
their approval, I desire to read it, and will then
move that it be laid on the table and printed.
Mr. RANDOLPH: Is the gentleman’s
motion in order?
Mr. EWING: I object to the reading.
Mr. CLAY: Certainly; I object also.
Mr. TUCK: I will acquiesce
with a single word. I certainly hoped no curt
objection would be made to the reading of any
proposition which any member might deem it his duty
to offer. As gentlemen differ from me in this
respect, I will hand the paper to the Chair. I
hope at least it may be permitted to lay on the table.
The PRESIDENT: I hold it
the gentleman’s undoubted right to read the
paper if he chooses.
Mr. TUCK: Very well.
He commenced reading when he was interrupted by
Mr. WICKLIFFE: I hope Mr.
TUCK will withdraw this paper. If the Convention
agrees to any result, I shall favor its submission
to the people with an address. I will pledge
myself to suggest the gentleman’s name as one
of a committee to prepare the address at the proper
time.
The PRESIDENT: The gentleman from New Hampshire
has the floor.
Mr. TUCK then completed the reading of the paper,
as follows:
TO THE PEOPLE OF THE
UNITED STATES:
This Convention of Conference, composed
in part of Commissioners appointed in accordance
with the legislative action of sundry States,
and in part of Commissioners appointed by the
Governors of sundry other States, in compliance
with an invitation by the General Assembly of Virginia,
met in Washington on the 4th of February, 1861.
Although constituting a body unknown to the Constitution
and laws, yet being delegated for the purpose,
and having carefully considered the existing
dangers and dissensions, and having brought their
proceedings to a close, publish this address,
and the accompanying resolutions, as the result
of their deliberations.
We recognize and deplore the divisions
and distractions which now afflict our country,
interrupt its prosperity, disturb its peace,
and endanger the Union of the States; but we
repel the conclusion, that any aliénations or
dissensions exist which are irreconcilable, which
justify attempts at revolution, or which the
patriotism and fraternal sentiments of the people,
and the interests and honor of the whole nation,
will not overcome.
In a country embracing the central
and most important portion of a continent, among
a people now numbering over thirty millions,
diversities of opinion inevitably exist; and
rivalries, intensified at times by local interests
and sectional attachments, must often occur;
yet we do not doubt that the theory of our Government
is the best which is possible for this nation,
that the Union of the States is of vital importance,
and that the Constitution, which expresses the
combined wisdom of the illustrious founders of the
Government, is still the palladium of our liberties,
adequate to every emergency, and justly entitled
to the support of every good citizen.
It embraces, in its
provisions and spirit, all the defence
and protection which
any section of the country can
rightfully demand, or
honorably concede.
Adopted with primary reference to the
wants of five millions of people, but with the
wisest reference to future expansion and development,
it has carried us onward with a rapid increase
of numbers, an accumulation of wealth, and a degree
of happiness and general prosperity never attained
by any nation.
Whatever branch of industry, or whatever
staple production, shall become, in the possible
changes of the future, the leading interest of
the country, thereby creating unforeseen complications
or new conflicts of opinion and interest, the Constitution
of the United States, properly understood and fairly
enforced, is equal to every exigency, a shield and
defence to all, in every time of need. If,
however, by reason of a change in circumstances,
or for any cause, a portion of the people believe
they ought to have their rights more exactly
defined or more fully explained in the Constitution,
it is their duty, in accordance with its provisions,
to seek a remedy by way of amendment to that instrument;
and it is the duty of all the States to concur in
such amendments as may be found necessary to insure
equal and exact justice to all.
In order, therefore, to announce to
the country the sentiments of this Convention,
respecting not only the remedy which should be
sought for existing discontents, but also to
communicate to the public what we believe to be the
patriotic sentiment of the country, we adopt the
following resolutions:
1st. Resolved, That this Convention
recognize the well-understood proposition that
the Constitution of the United States gives no
power to Congress, or any branch of the Federal
Government, to interfere in any manner with slavery
in any of the States; and we are assured by abundant
testimony, that neither of the great political
organizations existing in the country contemplates
a violation of the spirit of the Constitution
in this regard, or the procuring of any amendment
thereof, by which Congress, or any department
of the General Government, shall ever have jurisdiction
over slavery in any of the States.
2d. Resolved, That the Constitution
was ordained and established, as set forth in
the preamble, by the people of the United States,
in order to form a more perfect Union, establish
justice, insure domestic tranquillity, provide for
the common defence, promote the general welfare,
and secure the blessings of liberty to themselves
and their posterity; and when the people of any
State are not in full enjoyment of all the benefits
intended to be secured to them by the Constitution,
or their rights under it are disregarded, their
tranquillity disturbed, their prosperity retarded,
or their liberty imperilled by the people of
any State, full and adequate redress can and
ought to be provided for such grievances.
3d. Resolved, That this Convention
recommend to the Legislatures of the States of
the Union to follow the example of the Legislatures
of the States of Kentucky and of Illinois, in
applying to Congress to call a Convention for the
proposing of amendments to the Constitution of the
United States, pursuant to the fifth article thereof.
Mr. GUTHRIE: I object to
printing this paper. If that course is taken,
every member may offer his disquisitions on the Constitution,
and they will be printed at our expense.
Mr. TUCK: Unanimous consent
was given that it be read, laid on the table, and
printed.
The PRESIDENT: There were
three motions involved in one. Now the question
is upon laying the paper on the table and printing
it.
Mr. ALEXANDER: I call for a division of
the question.
The PRESIDENT: The question
will be on the motion to lay it on the table.
Mr. TUCK: Are we not entitled
to have the question taken on the motion to print?
I supposed all these questions would be taken in a
spirit of conciliation. But if not, I will withdraw
the motion to lay on the table, and move that the
paper be printed.
Mr. MOREHEAD, of Kentucky: I
came here in a spirit of conciliation, and I shall
act in that spirit. Let us all do so. I disagree
entirely with Mr. TUCK and his proposition, but I
am in favor of receiving every proposition that is
offered, of printing them all, and at the proper time
of considering them all. I trust that unanimous
consent will be given to printing this paper.
The PRESIDENT then put the motion
upon printing the address, and it was carried upon
a division.
Mr. GUTHRIE offered the following
resolution, which was adopted unanimously:
Resolved, That
if the President shall choose to speak on
any question, he may,
for the occasion, call any member to
preside.
Mr. MEREDITH: I wish to
offer a proposition, and hope for the present it may
lie on the table, and be considered hereafter.
I do not desire to move it as an amendment to the
report of the committee, but think it better to present
it as a direct and independent proposition. I
present it now only for the purpose of having it before
the Convention. It is as follows:
ARTICLE. That Congress shall
divide all the territory of the United States
into convenient portions, each containing not
less than sixty thousand square miles, and shall establish
in each a territorial government; the several territorial
legislatures, whether heretofore constituted, or hereafter
to be constituted, shall have all the legislative
powers now vested in the respective States of
this Union; and whenever any territory having
a population sufficient, according to the ratio
existing at the time, to entitle it to one member
of Congress, shall form a republican constitution,
and apply to Congress for admission as a State,
Congress shall admit the same as a State accordingly.
The proposition of Mr. MEREDITH was
laid on the table without objection.
Mr. WICKLIFFE: There appears
to be a misunderstanding between the Secretary and
myself upon the question of printing the Journal.
To avoid question, I move that the Journal be printed
up to and including to-day.
Mr. GOODRICH: I move to
amend by adding “and from day to day during
the session.”
The amendment and the motion were
adopted without objection.
Mr. ALEXANDER, of New Jersey, took the chair.
The PRESIDENT: The Convention
will now proceed to the order of the day the
consideration of the report of the committee.
Mr. REID, of North Carolina: I
wish to move an amendment to the amendment offered
by Mr. JOHNSON. It is to add to his the words
“and future.” If adopted, the language
will be “present and future territory.”
Mr. EWING: This will render
a division of the question necessary. The gentleman
had better withdraw his amendment for the time.
Mr. REID: I am instructed
by the Legislature of North Carolina to offer it,
and I think best to do so in this regular manner.
Mr. CLEVELAND: I think
the motion of Mr. REID is out of order. I suggest
that if adopted, with Mr. JOHNSON’S amendment,
the sense of the proposition as it now stands will
not be changed.
Mr. RUFFIN: I rise merely
to make a suggestion to my colleague. This motion
must be made at some time, by some one, so that we
may have a regular vote upon it. Now, as it is
not certain how the report of the majority of the
committee is to be construed, I propose at a suitable
time to move an amendment which will make the proposition
applicable to territory hereafter acquired. If
this will suit my colleague, I hope he will withdraw
his motion.
Mr. REID: I came here not
to deceive the North or the South. I intend to
be plain and unambiguous. Why should we send forth
a proposition that is uncertain, vague, and, as gentlemen
admit, open to different constructions? If we
are to pour oil upon the troubled waters, let us do
so to some purpose; above all, let us be definite,
plain, and certain. I cannot consent to withdraw
my motion. I must insist upon its consideration.
Mr. LOGAN: I had hoped
the question on Mr. JOHNSON’S amendments would
have been taken on Saturday. It is an important
one, and one which must be met. I would suggest
that it would be best to let the question be taken
on Mr. JOHNSON’S amendments now. The subject
presents itself to my mind in this way: The proposition
of the majority, as it now stands, is uncertain.
The friends of the proposition ought to be allowed
to perfect it, to make it satisfactory to themselves.
If there is a doubt about it, let us make it clear
that it applies only to the present territory.
Then we can have a clear and decisive vote upon it.
The substance of the proposition is what I wish to
arrive at, and it will be more in order if the vote
is not taken till we know what that substance is.
I shall not object to its application to future territory.
I hope the gentleman from North Carolina will withdraw
his amendment, and let the question be taken on that
of Mr. JOHNSON.
Mr. SEDDON: One word only.
I fear we are being placed in an awkward position.
I am desirous to have the language of the proposition
clear and not delusive. The amendment of Mr.
JOHNSON embarrasses me; I hardly know how to vote
upon it. If I vote for Mr. JOHNSON’S motion,
I shall have the semblance of favoring the limitation
of the proposition to present territory. Mr.
RUFFIN and myself both want the same thing, but on
Mr. JOHNSON’S motion he will vote one way and
I the other.
Mr. RUFFIN: Will the gentleman
allow me to explain? I voted against the proposition
in committee because, as it now stands, it applies
only to existing territory. I wish to carry this
proposition, but not by the vote of the South alone.
I want Northern votes, and assurances that the people
of the North will vote for the proposition and adopt
it.
Mr. SEDDON: I shall feel
disposed to vote against Mr. JOHNSON’S motion.
The question was here stated by the
President as follows:
The vote will be taken upon the motion
of Mr. REID to amend the amendment offered by Mr.
JOHNSON.
Mr. REID: It strikes me
that the question is this: My proposition is
to add the words “and future,” but Mr.
JOHNSON’S amendment is to add the word “present.”
Can this be treated as an amendment to his motion?
I must say that my duty to my country and State will
prevent my voting for the proposition as he proposes
to limit it.
Mr. COALTER: I think the
committee ought to be permitted to amend and complete
their report. Let us, by general consent, agree
to have the word “present” inserted.
Mr. REID: I object to that all the time.
Mr. TURNER: I move that the report be recommitted
for amendment.
Mr. COALTER: Shall we adjourn
over simply for this? That will use up another
day.
Mr. GUTHRIE: I hope it
will not be recommitted. We can settle the question
here in a moment.
The PRESIDENT: The vote will now be taken.
Mr. McCURDY: I call for the individual
names of members voting.
The PRESIDENT: The call is not in order.
The question was then taken on the
amendment of Mr. REID, and resulted as follows:
AYES New
Jersey, Delaware, Maryland, Kentucky, Tennessee,
North Carolina, Missouri,
and Virginia 8.
NAYS Vermont,
Maine, New Hampshire, Massachusetts,
Connecticut, Rhode Island,
Ohio, Indiana, Illinois,
Pennsylvania, New York,
and Iowa 12.
So the amendment failed.
The PRESIDENT: The question
now recurs on the motion of the gentleman from Maryland.
Mr. JOHNSON: I trust that
I shall not trespass upon the time of the Conference,
but the subject now before it is one of great importance,
and it involves the consideration of many important
questions. The amendment which I offer is for
the purpose of making the proposition of the committee
clear and plain. I was aware that a construction
might be placed upon it different from that which the
committee intended; and it is due to the frankness
which is manifested here, that the purposes of the
committee should be made plain. There ought to
be no ambiguity in a constitutional provision.
Some of the most important constitutional questions
decided by the Supreme Court have been questions of
construction. Lawyers would differ about the
construction to be given the committee’s proposition.
I think the Supreme Court has placed a construction
upon the terms used here, which would be conclusive.
A similar question arose in the Dred Scott case.
There the question was upon that article in the Constitution
which confers on Congress the power “to dispose
of and to make all needful rules and regulations respecting
the territories or other property belonging
to the United States.” The Court in that
case decided that the provision had no bearing on
the controversy in that case, because the power given
by that provision, whatever it might be, was confined,
and was intended to be confined, to the territory which,
upon the adoption of the Constitution, belonged to
or was claimed by the United States, and was within
their boundaries, as settled by the treaty with Great
Britain. With this clause in the Constitution,
therefore, it could have no influence upon the territory
afterward acquired from a foreign government.
I think this decision conclusive, and that the proposition,
if incorporated into the Constitution, would refer
only to the territory now owned by the United States.
It was the wish of the representatives
of some States in the committee that the word “future”
should be inserted in the report. I was opposed
to it: it was so odious to me to put words into
the Constitution, or to propose to do so, which should
go forth to the world as an indication that this Government
proposes to acquire new territory in any way.
I have said that the Supreme Court in the Dred Scott
case decided that the words “the territories”
in the Constitution only applied to the then existing
territory. I think they decided wrong in this
respect, though I agree to the correctness of the decision
in that case in the main; but such as it is, the decision
is binding upon this Conference and the people.
Mr. JOHNSON here read a portion of
the opinion of Judge TANEY delivered in the Dred Scott
case, and continued:
You perceive that Judge TANEY turns
the question upon the construction of the word “the.”
Had the word “any” been used in its place,
he must have held that the provision applied to future,
as well as the then existing territory.
Knowing that it was the purpose of
the majority of the committee to exclude future territory
from the operation of this proposition, and that it
was due to the committee and the Convention that their
purposes should be carried out, I offer my amendment
as applicable to the sixth line of the proposition
as well as the first.
In discussing the merits of this report,
in its application to the existing condition of the
country, I have to say a word to my Southern friends.
You have sought to extend this provision to territory
which shall be hereafter acquired. You have had
a decisive vote and have been beaten in this Conference.
The fight has been a fair one; the question has been
thoroughly understood. We ought to acquiesce in
the decision of the majority. We cannot change
this decision if we would; and if we could change
it, the proposition amended as you would prefer to
have it, would never pass Congress. The repeated
action of that body, during its present session, shows
this conclusively. Accepting this decision then,
as definitive, can we not settle the question with
reference to existing territory? Shall we settle
it? Settle it fairly recognizing and
acknowledging the rights of all, and remain brethren
forever with the Free States! From my very heart,
I say yes. (Applause.) The proposition as it
now stands covers all the territory we have.
The whole ground, the whole trouble, which has brought
this country into its present lamentable condition has
arisen over this question. I believe if it had
been disposed of or settled in some way before, many
States would have been kept in the Union that have
now gone out. And why should we not settle it?
We have now a territory extensive
enough to sustain two hundred millions of people embracing
almost every climate, fruitful in almost every species
of production rich in all the elements of
national wealth, and governed by a Constitution that
has raised us to an elevation of grandeur that the
world has never before witnessed. That we should
separate to the destruction of such a Government, on
account of territory we have not got, and territory
that we do not want, is not, I believe, the patriotic
sense of the South.
But this proposition does not stand
by itself alone. It is connected, and must be
construed, with the provision relating to the acquisition
of future territory. The second section of the
committee’s proposition provides that territory
shall not be acquired by the United States, unless
by treaty, nor, with unimportant exceptions, unless
such treaty shall be ratified by four-fifths of all
the members of the Senate. Is not that guaranty
enough for us? Should we not act unreasonably
if we required further guaranty in this respect?
For myself, I should have preferred that the consent
of two-thirds of the Senate only should be required,
and that that two-thirds should comprise a majority
both from the free and slave States.
Mr. RUFFIN: At the proper
time I shall move such an amendment.
Mr. JOHNSON: If such an
amendment is proposed I shall vote for it. I
know there will be objections raised to it, but they
will be far outweighed by the advantages it will give
to the South.
But the objection of Mr. BALDWIN is
opposed here, and it is one which must be answered.
He says this is the wrong way to propose amendments
to the Constitution that our action is inconsistent
with that instrument. He does not claim that
it is prohibited by the letter, but by the spirit
of the Constitution. Where does he get the spirit
but from the letter? There are two methods of
proposing amendments to the Constitution provided
by that instrument. Let us see what they are.
Mr. JOHNSON here read the article
of the Constitution providing for amendments, and
continued:
One is where two-thirds of Congress
deem it advisable to propose amendments; the other
is where the States themselves propose them. My
learned brother would have us believe that the members
of Congress, acting under their official oaths, must
each be satisfied that each amendment proposed is
proper to be incorporated in the instrument, before
they should propose them; and he maintains that there
is a difference, in fact, in the two methods prescribed.
What right has this body, if there is any force in
this objection, to submit his proposition to
the States? If what we propose is revolutionary,
then what he proposes is revolutionary. I reply
to him, with all respect for his legal ability, and
with all the humility which becomes me, and insist
that he is wrong. He refers to the opinion of
Judge COLLAMER. I hold Judge COLLAMER in much
respect, and his opinion in great honor here, but
his statements are at war with the objections made
by the gentleman from Connecticut. Judge COLLAMER
maintains that it is the duty of Congress to propose
amendments, not to recommend them. It
would be entirely proper, according to his opinion,
for Congress to propose amendments which they would
not adopt themselves. I go somewhat farther,
and insist that it is the duty of Congress to propose
amendments whenever desired by any State or any considerable
section of the Union. If we have no right to suggest
a line of action to Congress, no right to petition
Congress, no right to ask Congress to propose amendments,
as the gentleman insists, we had better go home, or
rather, I should say, we should never have come here.
There are twenty States represented
in this Conference. I have no doubt other States
would have been here, but for the shortness of the
time. But how and why are we here? We have
come here on the invitation of Virginia; her resolutions
are our constitution. We have come here at her
instance. For what purpose did she ask us to come
here? under what circumstances did she pass these
resolutions? Virginia saw that the country was
going to ruin that one State had already
seceded, and several others were about to follow.
She saw there were circumstances affecting the condition
of the South which aroused her to frenzy not
madness, but the frenzy which falls on every patriotic
mind when it witnesses a country going to destruction.
She saw the country was going to ruin with rapid steps,
and that its ruin must be accomplished unless her
friends in the free States would come forward, and
consent to put into the Constitution additional guarantees
which would satisfy the people of the slave States
that their rights were secure. See what she did what
she said. She expresses it as her deliberate opinion,
“that unless the unhappy controversy which now
divides the States of this Confederacy shall be satisfactorily
adjusted, a permanent dissolution of the Union is
inevitable; and the General Assembly, representing
the wishes of the people of the Commonwealth, is desirous
of employing every reasonable means to avert so dire
a calamity, and determined to make a final effort
to restore the Union and the Constitution, in the
spirit in which they were established by the fathers
of the Republic.”
Therefore she invites all States,
whether slaveholding or non-slaveholding, who were
willing to unite with her in an earnest effort to
adjust the unhappy controversies in the spirit of the
Constitution, to come together to secure that adjustment.
She asks us to agree to some suitable adjustment.
She does not leave us to suggest what that adjustment
shall be. She tells us herself. She requests
us to adopt it, and to submit it to Congress.
She does not ask that Congress should call a convention,
for Congress could not. Try, if we can, says
Virginia, to come to some settlement of these unhappy
controversies, and send that settlement to Congress,
that Congress may submit it to the country.
Virginia invited you here. She
told you just what she wanted. She says if you
cannot consent to that, then let her commissioners
come home and report the result. If this cannot
be done, if the mode of adjustment indicated by her
cannot be substantially carried out, then our whole
authority is at an end.
This matter of amending the Constitution
is not as intricate and difficult a work as gentlemen
imagine. Are there not twelve amendments to the
Constitution already? Were they submitted to the
people by each member of Congress acting under his
official oath? Or were they submitted in the
very way the gentleman would avoid? Were they
not brought into the Constitution by outside pressure?
The Constitution has been amended.
I wish to mark how it was done, and then note why
it was done.
There was a time when fears were entertained
that wrongs might be done to different sections of
the Union under the Constitution as it then stood.
Congress listened to those fears, and did not hesitate
to propose amendments suggested from outside its own
body to submit them to the people for adoption.
It was necessary, in the judgment of Congress, to
do this, in order to restore confidence. It was
done, and confidence was restored. Is not that
precisely our case now? Is not confidence lost
in the North and in the South? not exactly
lost, perhaps, but shaken. The credit of the
Government is gone. Even our naval commanders
are unable to negotiate Government bills abroad are
reduced to the degrading alternative of asking the
endorsement of foreign States, in order to such negotiation.
Some brilliant individuals have suggested that we
have already become so poor that our widows and wives
must bring out their stockings.
Our last loan was negotiated at twelve
per cent. discount. The present loan is not to
be taken at any rate, unless the Government descends
to the humiliating alternative of securing State endorsements.
Our credit is going lower and lower every day, and
it will soon come to the point where our bonds will
be worth no more than Continental money was.
Suppose we do nothing here. Are
gentlemen blind to the consequences? Gentlemen,
honest and patriotic as I know you are, have you no
love for this Union? have you no care for
the preservation of this Government? God forbid
that I should say you have none! I know you too
well. My relations have been too intimate with
you, and have existed too long, for me to suppose
it. You do love the Union. I speak for the
South and to the South. I know that we can still
labor to keep this Government together. If we
follow the plain dictates of our judgment, any other
course would be impossible.
The Virginia Convention is even now
in session, and what a convention it is! Disguise
as we may, deceive ourselves as we will, it is a convention
which proposes to consider the question of withdrawing
the State from the Union. Kentucky and Missouri,
if we do nothing, will soon follow. If there
ever was a time in the history of the Government for
conciliation, for patriotic concession, that time is
now. The time has come when parties must be forgotten.
Let not the word party be mentioned here. It
is not worthy of us. Representatives of the States,
you are above party high above. The
cords that bind you together are a hundred times as
strong as those which ever bound any party. Unless
we do something, and something very quickly, before
the incoming President is inaugurated, in all human
probability he will have only the States north of
Mason and Dixon to govern that is, if he
is to govern them in peace.
I think there is no right of secession;
such is my individual opinion. But there is a
right higher than all these the right of
self-defence, the right of revolution. It is recognized
by the Constitution itself. The Constitution
was adopted by nine of the States only. What
right had those nine States to separate from the other
four?
Mr. SEDDON: The right of secession.
Mr. JOHNSON: I won’t dispute about
terms. In all such discussions,
Heaven save me from a Virginia politician!
The opinions of Mr. MADISON upon the
Constitution are certainly entitled to value.
He had more to do with making it than any other statesman
of the time. I desire to read an opinion of his,
which will be found in number forty-two of the Federalist:
“Two questions of a very delicate
nature present themselves on this occasion: 1.
On what principle the Confederation, which stands
in the solemn form of a compact among the States,
can be superseded without the unanimous consent of
the parties to it? 2. What relation is to
subsist between the nine or more States ratifying
the Constitution, and the remaining few who do
not become parties to it?
“The first question is answered
at once by recurring to the absolute necessity
of the case, to the great principle of self-preservation,
to the transcendent law of nature and of nature’s
God, which declares that the safety and happiness
of society are the objects at which all political
institutions aim, and to which all such institutions
must be sacrificed.”
Now, apply these principles to the
present condition of the country. The cases are
exactly parallel. Mr. MADISON says in substance,
that if one section of the Union refuses to recognize
and protect the rights of another in other
words, if the free States now refuse to guarantee
the rights of the South, that there is a right of self-preservation,
a law of nature and nature’s God, which is above
all Constitutions. I am not here to inquire whether
the South has a right to go out if these guarantees
are not given. That is a question which I will
not argue. Some of the States have already gone.
I hold that to be a fact established.
Now, I put it to my friends of the
North: Do you want us to go out? You are
a great people, a great country a powerful
people, a rich country. No threat or intimidation
shall ever come from me to such a people. I ask
you in all sadness whether, in the light of all our
glory, of all our happiness and prosperity, whether
you will, by withholding a thing that it will not
harm you to grant, suffer us, compel us to depart?
Let me read what was said by the same great man of
Virginia, in anticipation of the existence of the present
state of things:
“I submit to you, my fellow-citizens,
these considerations, in full confidence that
the good sense which has so often marked your
decisions will allow them their due weight and effect;
and that you will never suffer difficulties, however
formidable in appearance, or however fashionable
the error on which they may be founded, to drive
you into the gloomy and perilous scene into which
the advocates for disunion would conduct you.
Hearken not to the unnatural voice, which tells
you that the people of America, knit together as they
are by so many cords of affection, can no longer
live together as members of the same family;
can no longer continue the mutual guardians of
their mutual happiness; can no longer be fellow-citizens
of one great, respectable, and flourishing empire.
Hearken not to the voice which petulantly tells
you that the form of government recommended for
your adoption is a novelty in the political world;
that it has never yet had a place in the theories
of the wildest projectors; that it rashly attempts
what it is impossible to accomplish. No,
my countrymen, shut your ears against this unhallowed
language. Shut your hearts against the poison
which it conveys. The kindred blood which
flows in the veins of American citizens, the
mingled blood which they have shed in defence
of their sacred rights, consecrate their Union, and
excite horror at the idea of their becoming aliens,
rivals, enemies. And if novelties are to
be shunned, believe me, the most alarming of
all novelties, the most wild of all projects,
the most rash of all attempts, is that of rending
us in pieces, in order to preserve our liberties,
and promote our happiness.”
Grant us then, gentlemen of the North,
what we are willing to stand upon what
we will try to stand upon, and what we believe we can.
At least, this will save the rest of the States to
yourselves and to us. The States that are now
in the Union will continue there.
What is it we ask you to do?
It is to settle this question as to our present territory.
To settle it how? By dividing it.
And how by dividing it? By the line of 36 deg.
30’. Apparently, you think we are asking
the North to yield something. I tell you it is
we who are yielding. By the decision of the Supreme
Court we have the right to go North of this line with
our slaves. Now, all we ask you to give us here
is the territory south of that line; and even as to
that, we give you the right to destroy slavery there
whenever a State organized out of it chooses to do
so. We are, in fact, yielding to you. We
abandon our rights North. Will you not let us
retain what is already ours, South?
Is it quite certain that the territory
south of the line will be slave territory? Those
who repealed the Missouri Compromise, believed that
Kansas would be a slave State. It did not turn
out so. All we ask is, that you should leave
the territory south of the line where it has been
left by the decision of the Supreme Court. We
freely yield you all the rest.
I do not propose to discuss all the
amendments proposed. I confine myself to the
single one which, if satisfactorily disposed of, will
settle all our troubles.
In conclusion, I ask, oppressed by
a consciousness which almost overmasters me which
renders me unfit to do any thing but feel will
you not settle this question here? I feel, and
I cannot escape the feeling, that on your decision
hangs the question, whether we shall be preserved
an united people, or be broken to atoms. The States
now remaining in the Union may possibly get on for
a few years with something like prosperity; but if
this question is not settled in some way, man must
change his nature or war in the end will come.
War! What a word to be used here! War between
whom? There is not a family at the South which
has not its associations with the North not
a Northern family which has not its Southern ties!
War in the midst of such a people! God grant
that the future, that the events which must inevitably
follow dissension here, may at least spare this agony
to ourselves, our families, and our posterity.
Mr. SEDDON: It is very
clear to me that I ought not to make a prolonged address
upon a question which I favor. The only question
now before us is: Shall this amendment be made
plain? We should deal honestly among ourselves;
there should be no cheat no uncertainty no
delusion here. Our language should be so clear
that it will breed no new nests of trouble.
But the address of the gentleman from
Maryland requires a brief notice from me. I listened
with sadness to many parts of it. I bemoan that
tones so patriotic could not rise to the level of the
high ground of equality and right upon which we all
ought to stand.
I appeal not to forbearance I
ask not for pity. I feel proud to represent the
grand old commonwealth of Virginia here, and prouder
still that I only come here to demand right and justice
in her behalf. Aye! and it is more complimentary
to you to have it so. I ask for such guarantees
only as Virginia needs, and as she has the right to
demand. It is far more complimentary to you to
appeal to your sense of justice, to your sense of
right, than to your forbearance or pity.
Virginia comes forward in a great
national crisis. When support after support of
this glorious temple of our Government has been torn
away, she comes proud of her memories of
the past happy in the part she had in the
construction of this great system she comes
to present to you, calmly and plainly, the question,
whether new and additional guarantees are not needed
for her rights; and she tells you what those guarantees
ought to be.
Nor does she stand alone. She
is supported by all her border sisters. The propositions
she makes are familiar to the country. They were
made by a patriot of the olden time, a time near to
that of the foundation of our Government. They
were such as he thought suited to the exigencies of
his time. They have since then received a larger
meed of approval, north and south, than any other
plan of arrangement.
My State offers these resolutions
of her Legislature as a basis for our action here,
with certain modifications acceptable to her people.
One of these modifications has since been accepted
by the mover of these resolutions himself. Most
important among them is the provision as to future
territory. The gentleman seems to think that Virginia
would not insist on this provision as applicable to
territory we may never have. It behooves not
me to answer such a momentous question. I am
only the mouthpiece of Virginia. She insists on
the provision for future territory. She and her
sister States plant themselves upon it. What
right have I to strike out a clause which she makes
specific? What right have I to esteem it of so
little weight that it may be thrown aside and disregarded?
I do not propose to give my reasons, though they would
not be troublesome to give. It was an element
in the Missouri Compromise that it should apply to
future as well as to existing territory.
Does not the gentleman assert that
under the laws as they now stand, we have the right
to go north of the compromise line with our slaves?
What, then, is our position? Under the decision
of the Supreme Court we are entitled to participate
in all the territory of the United States.
We are offering to give up the great part and the best
part of it, and in payment we are to take the naked
chance of getting a little piece of the worthless
territory south of the proposed line! Such an
idea was never entertained by those who made the Compromise.
The idea which governed their action was, beyond all
doubt, not that present territory alone should be
thus divided, but that the question should be removed
from doubt and difficulty for all time, and to give
us at the South a chance whatever change might come.
Shall we be rewarded for all we give
up, and find full compensation in a clause which itself
prevents the acquisition of future territory?
The statement is in itself a sufficient answer to the
question.
But there was another element in the
propositions of the Legislature of Virginia.
That, was security against the principles of the North,
and her great and now dominant party; it was intended
to put an end to the discussions that have convulsed
the country and jeopardized our institutions.
It was the policy of our fathers to
settle these questions. They determined to make
a final and decisive line of demarkation, and to let
that be conclusive. But this young people could
not be restrained, and when new territory was acquired
the same question arose again. It now comes up
once more. Virginia early saw the seeds of trouble
in it, because she saw that the tide of emigration
would continue to press toward the fertile lands of
the South. She saw and she acted. In consequence
of her action we are here. Would it not be wise
and well as statesmen and as patriots, that you should
do what you can for adjustment? do what you can to
bring back your sisters of the South who have departed?
It is the part of wisdom to settle. Virginia was
wise to ask it.
There is another thing. A great
and mighty party has arisen at the North that is determined
to exclude the institution of slavery, not only from
all future, but from all present territory.
We know that in all ways this party has declared that
it would not consent to let slavery go where it does
not now exist. More heated zealots, also animated
and sustained by this same party, have determined that
this natural and patriarchal institution of the South
should be surrounded by a cordon of free States, and
in the end be extinguished altogether.
Is it not wise in Virginia, that she
should see that this project of surrounding the South
with free States should be guarded against most
effectually guarded against now and in time to come,
and so preserve her dignity and power?
This amendment adopted, and the proposition
to Virginia will be a farce. Gentlemen, we hold
that as the soul is to man, so is honor to a nation.
Honor is the soul of nations. Without it, no nation
can have a place in history or among the nations.
We of Virginia must have in this Confederation the
position of an equal. Equal in dignity equal
in right. In the Congress of the States of this
Union, we insist on this as our right. We must
have the same protection as the States of the North.
Otherwise we are a dishonored people. We might
live for a time otherwise, but we should be unworthy
a place among the nations. We hold property,
yes, our property in slaves, as rightful and
as honorable as any property to be found in the broad
expanse between ocean and ocean.
We feel that in the existence, the
perpetuity, the protection of the African race, we
have a mission to perform, and not a mission only,
but a right and a duty.
Upon this subject I have a word to
say in all seriousness. Think not, gentlemen
of the North, that we propose to deceive or mislead
you. We of the South are earnest in what we say.
This is a question which we answer to ourselves.
We hold that these colored barbarians have been withdrawn
from a country of native barbarism, and under the benignant
influence of a Christian rule, of a Christian civilization,
have been elevated, yes, elevated to a standing
and position which they could never have otherwise
secured. In respect to the colored race we challenge
comparison with San Domingo, with the freed regions
of Jamaica, with those who have been transferred to
the coast of Africa. Ask the travellers who have
visited those distant shores to contrast the condition
of the colored people there with that of those on our
Southern plantations, and they will give you but one
answer they will say, we have redeemed
and kept well our high and our holy trust.
But this is a matter with our own
consciences, not with yours. We appeal to you
to leave it where it is, to leave the colored people
where they are. Why should you undertake to interfere
with the policy of a neighboring State concerning
a people about which you know nothing? We feel,
we know that we have done that race no wrong.
Deep into the Southern heart has this feeling penetrated.
For scores of years we have been laboring earnestly
in our mission. In all this time we have contributed
far more to the greatness of the North than to our
own. Yet all this time we have been assailed,
attacked, vilified and defamed, by the people of the
North, from the cradle to the grave, and you have
educated your children to believe us monsters of brutality,
lust and iniquity.
I tell you, that from the time the
abolition societies aroused the latent anti-slavery
spirit of the North until now, nothing but evil has
come of the excitement and discussion. It has
spread a horrid influence far and wide; it has for
years distilled, and is now distilling its poison
and venom all over the land.
It was under English, yes, British,
Anglo-Saxon instigation that it first commenced.
By this instigation it has been fed, been given life,
continuity and power. Think you the English authors
of this instigation had any purpose but to disrupt
this Republic? They professed to regard slavery
as an evil and a sin. The fruits of their action
were first manifested in religious societies first
in the largest churches in New England, in the Presbyterian
or Congregational churches, next the Methodist, then
the Baptist, and finally, the venom spread so widely,
its influence separated other churches. What has
the moral influence of this power done? It has
made the abstraction of our slaves a virtue.
Societies have been formed for that very purpose,
inciting their members and others, by the vilest motives,
to steal our slaves, to destroy our property.
Nor have they been sufficiently modest
to cloak their designs under the veil of secrecy.
These people advocated their pernicious doctrines
openly in your leading cities, even within the consecrated
walls of Fanueil Hall.
Openly among your people, in the very
light of day, these efforts were carried on for the
destruction of your sister States. There has not
been an effort of the law nor an exertion of public
opinion to put them down.
These efforts culminated in the actual
invasion of my own old honored State, and your people
thought they were doing GOD service in signing a petition
to our authorities for mercy to John Brown and his
ruffian invaders of our soil. And when these
men met the just reward of their crime, there was,
throughout the North, in your meetings and your public
prints, expressions of sympathy for these robbers and
murderers. They were looked upon as the victims
of oppression, as martyrs to a holy and righteous
cause. Gentlemen, consider these things, and
tell me, is there not to-day reason for suspicion;
on the part of the South for grave apprehension?
But the half is yet to be told; I
have looked only at the moral aspect of the question.
Dangerous enough hitherto, it becomes far more dangerous
when it culminates on the arena of politics, and asks,
with the powerful aid of a majority, the interference
and the aid of the Government.
As soon as it became the party of
one idea it began to draw to it, first the support
of one, then another political party. It went
on securing the assistance of one after another until
it demoralized, until it brought each to ruin.
It destroyed the grand old Whig party. Fanatic
enough before, when it had brought that party to its
grave, it thrust upon the arena of politics this question
of slavery in the territories. Then for the first
time it raised the cry of “Free Soil,”
and brought to its support the hearts of a majority
of the people of the northern States.
The people of the North and Northwest
have long been noted for their acquisitive disposition,
especially for the acquisition of lands. This
has been manifested in every form. Carried into
effect it has made them powerful, until, not long
since, they thought they might get entire dominion
at no distant day. Then arose in their hearts
a desire greater than the greed of land the
greed of office and power. They then saw that
perhaps the North alone might control the national
government, and with it the South. Then, too,
the great class of protected interests at the North always
greater at the North than at the South joined
with them. All these protected classes, whose
advantages had been diverted from other classes to
which they belonged, joined with landseekers to secure
power. Influence after influence of this sort
combined, until it produced your great Republican
party; in other words, your great Sectional party,
which has at length come to majority and power.
I do not wish to dwell upon the principles
of that party, or to discuss them; I simply assert
that their principles involve all the sentiments of
abolitionism. They may be summed up in this:
you determine to oppose the admission of slave States
in the future.
You say that the whole power of the
country, the whole power of the administration, shall
be used in future for the final extinction of slavery.
This, now, is the ruling idea of your
great sectional party. It is simply the rule
of one portion of the country over another. There
is no difference between attacking slavery in the
States and keeping it out of the territories.
It is only drawing a parallel around the citadel at
a more remote point.
Now, see how the South is placed.
The South has forborne as long as it can, just as
long as party organization existed, and as long as
the South could keep it in existence. It was
only when we saw that the whole united Government
was to be turned against us, that we began to think
of taking the subject into our own hands.
What are we to expect now, when the
power, direct and indirect, of this great Government
is to be used in the most effective manner against
us? A power which claims that we shall not exercise
the rights of States even, a power which seeks to
coerce us, when we propose to protect ourselves against
this lowering and impending danger. You of the
North are descended from men who honored the scaffold
for the very rights we now seek to exercise.
So are we. You would deserve to be spurned by
the maids and matrons among you, if you refused to
protect yourselves against the dangers thus drawing
around you. Can you expect less of us?
Do you tell me that this is an artificial
crisis? Would seven States have abandoned all
the grand interest they possessed in a glorious and
happy Confederacy like ours, but for more serious and
vital interests, the interests of safety, security,
and honor? Think well of these things, gentlemen!
I have hastily endeavored to show
you where I conceive we of the South stand. The
feelings which I express are entertained likewise by
the border States, by all the citizens of the South,
by every householder of my State in a greater or less
degree.
The State to which I refer, Virginia,
is now met in solemn convocation to consider whether
she shall remain in the Union or go out of it; and
with the most earnest desire to secure to herself a
longer connection with the American Union, a Union
of so much honor and pride, and with an equally earnest
desire to bring back the wandering States of the South
which have already left us, she, my own, my native
State, comes here to ask for these guarantees.
In my deliberate judgment, the Union and the Constitution,
as they now stand, are unsafe for the people of the
South, unsafe without other guarantees which will give
them actual power instead of mere paper rights.
Her stake in this controversy is too deep. In
my judgment she has asked too little; I think fuller
and greater guarantees ought to be required, and that
this Convention should not stand upon ceremony, but
in a free and liberal spirit of concession should
yield to us all that we ask. Be assured we shall
ask none but adequate guarantees.
But I am told that Virginia is content
with the Crittenden Resolutions I say this
because I am instructed to say so that is,
if we are to treat these resolutions, not as the principles
of the man who offers them, but as the principles
of the great party just come into power.
Gentlemen, remember that we of the
South are already stripped of one-half our sister
States; our system is dislocated; the Union is disrupted.
How can you expect now to retain Virginia,
to retain the border States, when they stand in the
face of such a great, such an immense party?
How can you expect Virginia to remain in the Union
without these added guarantees?
I told you I would make no appeals
to your pity. If we are not entitled to the guarantees
we ask, according to the principles of sound philosophy,
of right and justice, then we do not ask them at all.
Mr. BOUTWELL: I have not
been at all clear in my own mind as to when, and to
what extent, Massachusetts should raise her voice in
this Convention. She heard the voice of Virginia,
expressed through her resolutions in this crisis of
our country’s history. Massachusetts hesitated,
not because she was unwilling to respond to the call
of Virginia, but because she thought her honor touched
by the manner of that call and the circumstances attending
it. She had taken part in the election of the
sixth of November. She knew the result. It
accorded well with her wishes. She knew that the
Government whose political head for the next four
years was then chosen, was based upon a Constitution
which she supposed still had an existence. She
saw that State after State had left that Government seceded
is the word used; had gone out from this great Confederacy,
and were defying the Constitution and the Union.
Charge after charge has been vaguely
made against the North. It is attempted here
to put the North on trial. I have listened with
grave attention to the gentleman from Virginia to-day,
but I have heard no specification of these charges.
Massachusetts hesitated I say; she has her own opinions
of the Government and the Union. I know Massachusetts;
I have been into every one of her more than three
hundred towns. I have seen and conversed with
her men and her women, and I know there is not a man
within her borders who would not to-day gladly lay
down his life for the preservation of the Union.
Massachusetts has made war upon slavery
wherever she had the right to do it; but much as she
abhors the institution, she would sacrifice
everything rather than assail it where she has not
the right to assail it.
Can it be denied, gentlemen, that
we have elected a President in a legal and constitutional
way? It cannot; and yet you tell us in tones
that cannot be misunderstood, that as a precedent condition
of his inauguration we must give you these guarantees.
Massachusetts hesitated, not because
her blood was not stirred, but because she insisted
that the Government and the inauguration should go
on, in the same manner they would have done had Mr.
Lincoln been defeated. She felt that she was
touched in a tender point when invited here under
such circumstances.
It is true, and I confess it frankly,
that there are a few men at the North who have not
yielded that support to the grand idea upon which
this confederated Union stands, that they should have
done; who have been disposed to infringe upon, to
attack certain rights which the entire North, with
these exceptions, accords to you. But are you
of the South free from the like imputations?
The John Brown invasion was never justified at the
North. If, in the excitement of the time, there
were those to be found who did not denounce it as gentlemen
think they should, it was because they knew it was
a matter wholly outside the Constitution that
it was a crime to which Virginia would give adequate
punishment.
Gentlemen, I believe, yes, I know,
that the people of the North are as true to the Government
and the Union of the States now, as our fathers were
when they stood shoulder to shoulder upon the field,
fighting for the principles upon which that Union rests.
If I thought the time had come when it would be fit
or proper to consider amendments to the Constitution
at all, I should believe that we would have no trouble
with you except upon this question of slavery in the
territories. You cannot demand of us at the North
any thing that we will not grant, unless it involves
a sacrifice of our principles. These we shall
not sacrifice these you must not ask us
to abandon. I believe further, and I speak in
all frankness, for I wish to delude no one, that if
the Constitution and the Union cannot be preserved
and effectually maintained without these new guarantees
for slavery, that the Union is not worth preserving.
The people of the North have always
submitted to the decisions of the proper constituted
powers. This obedience has been unpleasant enough
when they thought these powers were exercised for sectional
purposes; but it has always been implicitly yielded.
I am ready, even now, to go home and say that, by
the decision of the Supreme Court, slavery exists
in all the territories of the United States. We
submit to the decision and accept its consequences.
But in view of all the circumstances attending that
decision, was it quite fair was it quite
generous for the gentleman from Maryland to say that,
under it, by the adoption of these propositions, the
South was giving up every thing, the North giving
up nothing? Does he suppose the South is yielding
the point in relation to any territory, which by any
probability would become slave territory? Something
more than the decision of the Supreme Court is necessary
to establish slavery anywhere. The decision may
give the right to establish it, other influences
must control the question of its actual establishment.
I am opposed, further, to any restrictions
on the acquisition of territory. They are unnecessary.
The time may come when they would be troublesome.
We may want the Cañadas. The time may come
when the Cañadas may wish to unite with us.
Shall we tie up our hands so that we cannot receive
them, or make it forever your interest to oppose their
annexation? Such a restriction would be, by the
common consent of the people, disregarded.
There are seven States out of the
Union already. They have organized what they
claim is an independent Government. They are not
to be coerced back, you say. Are the prospects
very favorable that they will return of their own
accord? But they will annex territory.
They are already looking to Mexico. If left to
themselves they would annex her and all her neighbors,
and we should lose our highway to the Pacific coast.
They would acquire it, and to us it would be lost forever.
The North will consider well before
she consents to this before she even permits
it. Ever since 1820 we have pursued, in this respect,
a uniform policy. The North will hesitate long
before, by accepting the condition you propose, she
deprives the nation of the valuable privilege, the
unquestionable right, of acquiring new territory in
an honorable way.
I have tried to look upon these propositions
of the majority of the committee, as true measures
of pacification. I have listened patiently to
all that has been said in their favor. But I am
still unconvinced, or rather I am convinced that they
will do nothing for the Union. They will prove
totally inadequate; may, perhaps, be positively mischievous.
The North, the free States, will not adopt them will
not consent to these new endorsements of an institution
which they do not like, which they believe to be injurious
to the best interests of the Republic; and if they
did adopt them, as they could only do by a sacrifice
of principles which you should not expect, the South
would not be satisfied; she would not fail to find
pretexts for a course of action upon which I think
she has already determined. I see in these propositions
any thing but true measures of pacification.
But the North will never consent to
the separation of the States. If the South persists
in the course on which she has entered we shall march
our armies to the Gulf of Mexico, or you will march
yours to the Great Lakes. There can be no peaceful
separation. There is one way by which war may
be avoided and the Union preserved. It is a plain
and a constitutional way. If the slave States
will abandon the design, which we must infer from
the remarks of the gentleman from Virginia they have
already formed, will faithfully abide by their constitutional
obligations, and remain in the Union until their rights
are in fact invaded, all will be well.
But if they take the responsibility of involving the
country in a civil war; of breaking up the Government
which our fathers founded and our people love, but
one course remains to those who are true to that Government.
They must and will defend it at every sacrifice if
necessary, to the sacrifice of their lives.
Mr. GUTHRIE: I came here
with my colleagues representing a Southern State.
I have had full and free communication with the people
of all portions of the South, before, during, and
since the election of the sixth of November, and I
state here, that I have never dreamed that there was
the slightest objection anywhere to the inauguration
of Mr. LINCOLN. To-day is the first time I ever
heard the question raised, and yet I do not believe
that any such objection now exists.
It is said that this is not a fit
time to hold such a conference not a suitable
time to consider the questions now before us.
Is there any reason why we should not consider the
rights of any section of the country, whether a President
is going out or coming in? As one delegate I
will not consent to postpone the action necessary to
secure our rights for any such reason as this.
Now, as to this question of slavery
in the Territories. It is true that the Supreme
Court has decided it in favor of the South. It
is equally true that parties have repudiated that
decision both in platforms and on the stump.
When territory has been acquired by
the blood and treasure of the common Union, you cannot
exclude one portion of the cestuis que trust
from its rights. The Supreme Court so decided,
and its decision was just and equitable.
At the South, we ask for our rights
under the Constitution. We say, let all
questions which affect or concern them be decided.
The gentleman from Massachusetts says he will not
give them up, that his State will not yield.
Well, if this is so, let us go to the ballot box.
If the question is decided in the gentleman’s
favor there, we know how to take care of ourselves.
The gentleman from Massachusetts does
not understand this question. He does not understand
why we of the South want it why we must
have it settled. There was a time when
the embargo law threw our slaves out of employment.
The North then contemplated a dissolution of the Union.
Why? Because she thought the Government wanted
power was inefficient. Now, there
is a sense of insecurity felt throughout the South.
Our property is depreciating, going down every day.
We feel this want of security very deeply, this want
of faith in the Government under which we live.
The South is in agitation.
Suppose some event should in some
way strike down the value of your property at the
North. Would you not wish to have its security
restored? Would you not call for guarantees?
If you would not, you are not men. This is all
we want; all we ask for, is security. There is
nothing in the territorial question that we may not
settle by a fair compromise.
The commonwealth of Virginia called
this Conference in high patriotism. I have an
earnest faith in her sincerity and her purity in doing
so. She hoped to meet her sisters animated by
the same patriotism that they would join
with her in granting the assurances, in giving the
securities we need. Gentlemen, you can give us
these securities these assurances.
We shall then go home and tell our people that we
can still live on together, in security. Will
it do to say that this cannot be done before the inauguration
of Mr. LINCOLN? No! No such answer should
go to the people of any of the States no
such answer will satisfy them. Give us the guarantees
here. We will satisfy the people of the
whole nation as to the appropriateness of the time.
There is no truth in the assertions
of the gentleman from Massachusetts. We are willing
to go before the old commonwealth of Massachusetts
with all her glorious memories, willing to go before
New York with her half million of voters, confident
that both will do us justice. Why stand between
us and the people? At least, let us ask their
judgment upon our propositions.
We come here to confer, to propitiate,
not to awaken old troubles and differences. If
there are such existing and which must be settled,
why should we not settle them here? We all wish
to bring back the seven States which have left us;
we have a common interest in them. I think they
should not have deserted us; that they should have
consulted us first, and then there would have been
no necessity. If they were here, their presence
surely would not have weakened us, nor would their
presence have disturbed the North. We come not
here to widen our separation to drive them
further off. We come to consult together, to
give and receive justice.
I confess I am not much in favor of
the second proposition of amendment. We must
regard this as a progressive country. From four
millions of people we have risen to thirty millions!
Where will we be in eighty years more? There
will be in that time a great population in our now
unsettled territory perhaps greater than
all our present population. I thought the amendment
unwise, but I consented to it, for if we would agree
we must all yield something.
And now I hope, and hope most earnestly,
that without crimination or recrimination we shall
vote in good temper and in good time, so that our
proposals may in due time go before Congress and before
the people.
Do not let us give up to revolution
anywhere, in any section of the Union! Do not
you of the North impose upon us the necessity of fleeing
our country! God knows this same necessity may
come to you of the North, and sooner than you expect
it. If disruption if war must come,
one-half your merchants, one-half your mechanics will
become bankrupt. You are marching that way with
hasty steps. Not one man, North or South, but
must suffer if the sad conclusion comes. Our products
will depreciate. Next year not one-half the fields
now whitened by the rich growth of cotton will be
cultivated if this unhappy contest goes on.
The people of my section, the people
of the South, are restless and impatient. They
are already in the way of revolution all
these influences are leading them on. Can they
remain quiet when the fortunes of one-half of them
are struck down? Can you at the North remain
quiet under like provocations? And yet harmony
may even yet be restored. All these differences
may be settled harmoniously. We believe they
may be settled now.
Mr. TUCK: If we should
agree to all your propositions, and Congress still
should not act upon them, would not these difficulties
be still more complicated?
Mr. GUTHRIE: No, sir!
No! We would then tell our people that this Conference
would, but Congress would not do any thing to save
the country. In such an event we would wait for
the ballot box and a new Congress.
Mr. GOODRICH: Permit me
one question to the gentleman from Kentucky.
Would this Convention, in his opinion, have been called
by Virginia, if either Mr. DOUGLAS or Mr. BRECKENRIDGE
had been elected?
Mr. GUTHRIE: I do not think
it would have been called in that event. Let
me say, however, one thing which escaped me. It
is not a divided Democracy not the existence
of a Whig party, but it is the union of all discordant
elements combined, which have brought the abolitionists
into power, which has produced this sense of insecurity
in the South. It is their combined power which
the people of the South feel, and which they wish
to guard against.
Mr. CLEVELAND: I feel bound
to say to all here present, that unless this debate
stops now, we might as well go home. I have pondered
much upon the remark of my worthy friend from Kentucky,
that if we could not do good here, at least we ought
not to do harm. Why should we do any thing to
aggravate these unhappy circumstances? Let us
not widen our dissensions; let us do nothing to postpone
or destroy the only hope we have for the settlement
of our troubles.
Let us be gentle and pleasant.
Let us love one another. Let us not try to find
out who is the smartest or the keenest. Let us
vote soon, and without any feeling or any quarrelling.
Mr. SEDDON: I fear from
some remarks that have been made during this discussion,
that not only my motives, but the terms in which I
have expressed them, have been misapprehended.
I have been untrue to every purpose of my mind, if
I have spoken with any bitterness or acrimony.
I thought it was my duty to be plain at
the same time temperate though emphatic. I thought
I had been so. Nothing is farther from my purpose
than the irritation of any section, much less of any
member here. Most assuredly I did not intend
to create dissension or to give the slightest occasion
for personal feeling or recrimination.
The PRESIDENT finding it necessary
to leave the Conference, now called Mr. ALEXANDER
to the chair.
Mr. CLEVELAND: I did not
mean to stir up anybody. I want to settle these
unhappy points of difference here. I want to settle
them to-day, now, this very hour. Suppose we
do not settle them! Does not border war follow?
does not civil war come? I speak to all of you,
both North and South. What becomes of your property
in such a case? Who wants to stake it all on
such a hazard? We settled this question once
fairly, and, as everybody thought, finally. That
was in 1850. Why was not that settlement permitted
to stand? Nothing but the ambition that has sent
so many angels down to hell could have ever brought
it up again.
It is too late to bring charges against
either section now too late to bring charges
against individuals. The question now before us
is, Which is the way to lead the country
out of her present danger? We want faith and
good works these alone will do it.
If these fail, we have no hope elsewhere. I am
in favor of the propositions of amendment submitted.
These we can stand upon throughout the land. The
people will adopt them. In the name of all that
is good and holy let us settle these differences here.
Why talk about territory to be acquired
hereafter? We have just the same title to it
that the devil had to the territory he offered our
Saviour on a certain remarkable occasion just
the same title, at all events, no better. For
Heaven’s sake, gentlemen, let us act for the
good of the country! let us give to every section its
rights to every man his rights, and let
this be remembered through all time as the Convention
of Patriots which sacrificed every selfish and personal
consideration to save the country!
Mr. GOODRICH: I wish to
make one remark to the Conference, and especially
to the gentleman from Kentucky. Much is said here
about equal rights. We have always believed in
that doctrine. We believe this to be a country
of equals. We went into the last Presidential
contest as equals and as such we elected
Mr. LINCOLN. Now, when we have the right to do
so, we wish to come into power as equals with
that superiority only which our majority gives us.
When we are in power and disturb or threaten to disturb
the rights of any portion of the Union, then ask us
for security, for guarantees, and if need be you shall
have both. How would you have treated us if we
had come to you with such a request at the commencement
of any Democratic administration?
Mr. LOGAN: I want to refer
the report of the majority, and the substitute proposed
by the minority, back to the committee. I believe
that it is better to have action upon all these questions
at the earliest possible moment. The question
now is, not which section of the Union is suffering
most all sections are suffering; all are
feeling the influence of this agitation; all look with
fear and trembling to the future; all desire a speedy
and a peaceful conclusion of our differences.
If we cannot settle them here if we cannot
induce Congress to submit our propositions of amendment
to the people, then I pray from my heart, I hope and
believe, that our friends in every section will wait
patiently until these propositions can go before the
State Legislatures and receive proper consideration
there.
The PRESIDENT here stated the proposition,
to refer the reports of the majority and the minority
of the committee back to the committee, with instructions.
Several members objected to the motion,
declaring it not in order.
The motion was thereupon withdrawn.
The PRESIDENT: The question
recurs upon the amendment offered by the gentleman
from Maryland, to insert the word “present”
before the word territories, in the first line and
the fifth line of the propositions of the amendment
to the Constitution submitted by the majority of the
committee.
The amendment was adopted without
a count of the yeas and nays, and the first section
of the majority report, after the adoption of the
amendment, is as follows:
ARTICLE 1. In all the present
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 deg. 30’ north latitude, involuntary
servitude, except in punishment of crime, is
prohibited whilst it shall be under a Territorial
Government; and in all the present 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.
Mr. ROMAN: I move that
when this Conference adjourn, it adjourn to meet at
seven o’clock this evening.
Mr. CHITTENDEN: I move
an adjournment of the Conference.
Mr. ROMAN: Is not my motion first in order?
The PRESIDENT: The question is on the motion
of the gentleman from
Vermont.
The motion to adjourn was put and carried.