WASHINGTON, FRIDAY, February 22d, 1861.
The Conference was called to order
by President TYLER, at 10 o’clock A.M., and
prayer was offered by Rev. Dr. SUNDERLAND.
The Journal of yesterday was read,
corrected, and approved.
Mr. WICKLIFFE: It will
be necessary that some plan be adopted to defray the
expenses of the Conference, and of printing the Journal.
I move the appointment, by the President, of a committee
of three to take those subjects into consideration.
The motion was adopted, and the President
appointed Mr. JOHNSON, of Maryland, Mr. POLLOCK, and
Mr. GRANGER as such committee.
Mr. HITCHCOCK: I have an
amendment in three sections which I shall offer to
the report of the committee. I ask that it may
be read, laid on the table, and printed.
The motion was agreed to, and the
amendment read as follows:
Strike out Section 3,
and insert the three following:
SEC. 3. Congress shall have no
power to regulate, abolish, or control within
any State the relations established or recognized
by the laws thereof, touching persons held to service
or labor therein.
SEC. 4. Congress shall have no
power to discharge any person held to service
or labor in the District of Columbia, under the
laws thereof, from such service or labor, or to impair
any rights pertaining to that relation under the
laws now in force within the said District, while
such relation shall exist in the State of Maryland,
without the consent of said State, and of those
to whom the service or labor is due, or making
to them just compensation therefor; nor the power to
interfere with or prohibit members of Congress,
and officers of the Federal Government whose
duties require them to be in said District, from
bringing with them, retaining, and taking away
persons so held to service or labor; nor the power
to impair or abolish the relations of persons owing
service or labor in places under the exclusive
jurisdiction of the United States, within those
States and Territories where such relations are
established or recognized by law.
SEC. 5. Congress shall have no
power to prohibit the removal or transportation
of persons held to labor or service in any State
or Territory of the United States, to any State or
Territory thereof, where the same obligation or
liability to labor or service is established
or recognized by law; and the right during such
transportation, by sea or river, 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 held to service or labor than on land.
Strike out Section 7,
and insert:
SEC. 9. Congress shall provide
by law, that in all cases where the marshal,
or other officer whose duty it shall be to arrest
any fugitive from service or labor, shall be prevented
from so doing by violence of a mob or riotous assemblage,
or where, after arrest, such fugitive shall be rescued
by like violence, and the party to whom such service
or labor is due shall thereby be deprived of the
same, the United States shall pay to such party
the full value of such service or labor.
Mr. TURNER: I offer the following resolution:
Resolved, That
the time fixed upon to commence voting upon
the questions before
this Convention, be postponed until
Monday, February 25th,
at 12 o’clock M.
I am as desirous as any member of
the Conference can be for action. Illinois is
a Border State, and she feels, in common with the Border
States, a deep interest in the questions we are discussing
here. But I think a false issue has arisen, and
that it ought to be corrected. This issue has
been forced upon us, and it will go to the country
unless corrected. Very little time has yet been
occupied by Indiana, Illinois, and Ohio, but we wish
and we ought to be heard.
Mr. JOHNSON, of Missouri, moved to
lay the resolution upon the table.
The vote was taken by States, with
the following result:
AYES. Delaware,
Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Pennsylvania,
Rhode Island, Tennessee, and
Virginia 10.
NOES. Connecticut,
Illinois, Indiana, Iowa, Maine,
Massachusetts, New York,
New Hampshire, Ohio and
Vermont 10.
Mr. TURNER: I see the resolution
does not meet with favor. I will withdraw it.
Mr. CHASE: I offer the
resolution again. I wish to appeal to this Conference
in the name of peace, not to press this vote to-day.
We have been discussing general questions. There
has been little or no discussion touching the merits
of the proposed amendments to the Constitution.
Do gentlemen suppose that if it is pressed through
in this way, it will meet with favor when it comes
before the country? Let me assure you, gentlemen,
that you will not give the country peace by such a
course.
There is a prospect that all sections
of the Union may yet be induced to agree to a General
Convention. The floor is so parcelled out that
the Western States cannot be heard. Why do you
force the vote in this manner? Two-thirds of
Congress must concur, or these propositions cannot
go to the people. The same two-thirds can suspend
the rule at any time. There is no necessity for
passing these propositions to-day. I regret that
the proposition of Mr. WICKLIFFE, limiting the speeches
to thirty minutes, has not prevailed. It was withdrawn.
Mr. WICKLIFFE: No!
It was laid on the table by enemies.
Mr. POLLOCK: I have the
floor. I will occupy it only thirty minutes,
with the understanding that those who follow will do
the same. We still have time for six speeches.
Mr. CHASE: I have but little
more to say. When we have a rule, we know what
it is. A general understanding will amount to
nothing. I have insisted that it was inexpedient
to press these matters to a decision before the inauguration
of Mr. LINCOLN; but when overruled I have cheerfully
submitted. I now appeal to gentlemen to yield,
and let us take the final vote on Monday.
One word now as to a General Convention.
I have faith in that, and believe we can agree to
call one. The idea was started by Kentucky, and
promptly followed by Illinois. I have seen a copy
of the “Louisville Journal,” which strongly
advocates it. It is practicable, and the country
will assent to it.
Mr. HOUSTON: The delegates
from Delaware desire that the vote should be taken
to-day. We have not discussed these propositions,
and do not wish to discuss them. We want action.
Mr. BACKUS: I concur in
the views of the gentleman from Delaware. Discussion,
so far, has tended very little toward harmony or unanimity.
I am in favor of closing the general debate to-day.
But I do protest against that part of the resolution
we have adopted, which limits the discussion of an
amendment to five minutes, and confines the reply
to the committee. We ought not thus to be restricted
and choked down. I will not move to amend the
resolution now under discussion. It will answer
my purpose to give notice that I shall move to amend
the five-minute rule.
Mr. COOK: We ought to have
an opportunity to present the views of Illinois.
As yet we have had none. We cannot justify ourselves
to our people unless we do.
Mr. WICKLIFFE: I move to
lay the whole subject on the table. I want to
test the question. Debate and discussion change
the mind of no one. We have now been here eighteen
days, and the country is expecting a decision.
The vote upon Mr. WICKLIFFE’S
motion was called by States, and resulted as follows:
AYES. Delaware,
Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Rhode
Island, Tennessee, and Virginia 9.
NOES. Connecticut,
Illinois, Indiana, Iowa, Maine,
Massachusetts, New York,
New Hampshire, Ohio, Pennsylvania,
and Vermont 11.
Mr. BACKUS: I now offer
my proposition as a substitute for Mr. CHASE’S
resolution, as follows:
Resolved, That the resolution
heretofore passed, limiting debate on amendments
that shall be offered to the report of the Grand
Committee, be so amended as to allow the delegates
who may desire, to speak not exceeding ten minutes
on each amendment.
Mr. CHASE: I do not wish
to seem unreasonable. As my resolution meets
with objection, I will withdraw it in favor of the
one adopted by my colleague.
Mr. WICKLIFFE: Have gentlemen
calculated how many hours this will take? It
will amount to a total defeat of all action. We
could not get through by the middle of next month.
Mr. EWING: I favor the
resolution. All should have a fair chance.
Mr. HOUSTON: I move to
amend, giving each delegate ten minutes.
Mr. WILMOT: I object to
that very strenuously. Many delegations are divided.
I hope the resolution will pass as it is.
Mr. HACKLEMAN: I approve
of the rule as it now stands. Practically, it
gives ten minutes.
Mr. RANDOLPH: I move to
lay the resolution on the table. We adopted the
rule unanimously.
Mr. WILMOT: The motion
is not in order. We have once voted not to table
the resolutions.
Mr. HOUSTON: I will withdraw
my motion, at the instance of the gentlemen around
me.
Mr. CHASE: The question
is upon the adoption of the resolution offered by
Mr. BACKUS. I have accepted it in place of the
one offered by myself.
The PRESIDENT: It is subject,
at any time, to a motion to lay on the table.
Mr. RANDOLPH: That is my motion.
The motion to lay the resolution of
Mr. BACKUS on the table was lost by the following
vote the vote by States being requested
by Mr. CHASE:
AYES. Delaware,
Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Pennsylvania,
Rhode Island, Tennessee, and
Virginia 10.
NOES. Connecticut,
Indiana, Illinois, Iowa, Maine,
Massachusetts, New Hampshire,
New York, Ohio, and
Vermont 10.
Mr. GUTHRIE: I presume
we all desire to know the result of our labors.
I regret to see so much feeling manifested. Perhaps
some of us had better take the benefit of the prayers
of the church on Sunday. Some of us wish to get
our propositions to Congress at an early hour.
Those who oppose us those determined to
defeat action, can speak on until the fourth of March.
I hope such is not their intention.
Mr. TUCK: If the rule is
abused, the Convention will stop the abuse.
At this point there were loud calls
of “question,” and the President put the
question to vote, viva voce.
The PRESIDENT: I think the Noes clearly
have it.
Mr. CHASE: A vote by States was called
for by several members.
Mr. BARRINGER: Is this
resolution intended to give the right of reply?
If so, we shall have a half-hour speech upon every
amendment.
Mr. BACKUS: If any member
wishes to divide his time, he can do so; but he can
only occupy ten minutes in all. We are called
to deliberate, as well as to act. We are asked
if we wish to stave off final action? I answer,
No. I want speedy action. But at the same
time let us have deliberation. I wish to give
a vote that my constituents will approve.
The PRESIDENT: The vote will be taken by
States.
The resolution was adopted by the following vote:
AYES. Connecticut,
Illinois, Indiana, Iowa, Maine,
Massachusetts, New York,
New Hampshire, Ohio, Pennsylvania,
and Vermont 11.
NOES. Delaware,
Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Rhode
Island, Tennessee, and Virginia 9.
Mr. HALL offered the following, which
was read, laid on the table, and ordered to be printed:
Amendment to Section 3 of the Committee’s
Report, to come in after the words “retaining
and taking away persons so bound to labor:” “but
the bringing into said District of persons held
to service for the purpose of being sold, or placed
in depot to be afterwards transferred to any
other place to be sold as merchandise, is forever
prohibited, and Congress may pass all necessary
laws to make this prohibition effectual; nor
shall Congress have,” &c.
The PRESIDENT: The Conference
will proceed to the order of the day, and Mr. POLLOCK
has the floor:
Mr. POLLOCK: Brevity is
always a virtue. I intend to practice that virtue
now. I would not make a single observation, if
I did not feel that by keeping silence I should neglect
my duty. As it is, I do not intend to occupy
the time of the Conference more than twenty minutes.
When the committee upon the subject
invited Pennsylvania to furnish a block for the Washington
Monument in this city, they asked also for a motto,
to be inscribed upon it, which should express some
idea characteristic of Pennsylvania. What was
the motto selected in behalf of that great State?
Did we go to Germantown and invoke the memories of
the mighty dead? Did we ask the motto of Valley
Forge? No, brothers, no! Pennsylvania stood
by the side of the grave of Penn, the man of peace,
and in his example she found her motto, and it stands
inscribed upon her contribution to that monument to
the Father of his Country to-day. There may it
stand forever. “Pennsylvania was founded
by deeds of Peace.” How noble the sentiment!
How characteristic of that Commonwealth!
Animated by the same sentiment, filled
with the same spirit, herself asking nothing, requiring
nothing, Pennsylvania comes into this Conference and
says to every delegate here, “Peace, Brothers,
Peace.” She is not for war. She believes
that the power of kindness is far greater than that
of the sword; that in the affection of brother toward
brother there is greater strength than in all the iron
contained in all her thousand hills and mountains.
She comes here at the instance of a sister. She
heard the voice of that sister asking for consultation,
and she obeyed it. She is here, and in the right
spirit.
A word now as to the motive of Virginia
in calling the States together. Some object that
Virginia comes bearing the olive branch on the point
of the bayonet. Not so, sir. She is placed
in a peculiar position, and I appreciate it.
She does not make use of threats. These exist
only in the imagination of gentlemen. I am willing
to meet her here upon the very ground she takes, and
unite with her in saying, “Our Union as it is,
now and forever.” We are here taking counsel,
not with traitors, not with secessionists, but with
lovers of the Union.
The people love the Union; they will
not give it up. They are true. My heart
almost leapt from my bosom when that telegraph message
was read from Missouri a few days ago. Tennessee
has taken up the cry, “Union for ever,”
The nation is troubled. All nations are, at times.
But our troubles are not insurmountable. We are
all here together to settle them. Why not settle
them, and give peace to the Union, and joy to the
hearts of the people?
We can settle our difficulties.
The right feeling animates gentlemen from both sections.
Where was the heart in this Conference that did not
start with emotion, when, some days ago, that glorious
old patriot from North Carolina (Mr. RUFFIN) told
us of his devotion to the Union? Who did not
honor and respect him? Old men and young men wept
as they listened. Friends! Countrymen!
I come here from a Border State. These States
have a vital interest in the result, therefore we speak
earnestly. Let us say to the angry passions of
the country, “Peace, be still!”
The Border States are united; they
have common interests. Beside the hearthstones
of each, sit wives, and children, and families, connected
with each other by ties of blood, of interest, of social
intercourse. We are one. Is Maryland or
Delaware ready to say that either will part company
from Pennsylvania? No! We are brethren come
weal, come wo, we will stand by each other, and
we will stand by the Union.
Gentlemen say there will not be war,
if we do not agree. I wish I could think so,
but I cannot. But if war should come, let me ask
the gentlemen from New York who think principles are
standing in their way, will you take the risk?
Will you see the soil of Pennsylvania drenched with
blood? Can you risk all this hereafter, when you
can avoid it by accepting a proposition that involves
no sacrifice of principles? Never in my whole
life have I felt the weight of official responsibility
as I feel it now. God grant that war may be averted
from the country!
Let the lightning this day flash to
the extreme limits of the Union, the glad tidings
that we have settled these questions. The message
would be received with gratitude and thanksgiving.
Our friends in the Border States say, “We love
the Union, we wish to stay in it; we do not wish to
be driven out.” Can you not, will you not,
do something for them? Let us trust this matter
to the people. I am not afraid to trust the people
of Pennsylvania. New York and Massachusetts, trust
yours!
We talk calmly of war, but we forget
its calamities. Let us remember that we should
not sacrifice one life for this paltry abstraction.
Let us remember how great are the miseries of war.
Let us think of the rush of angry armies, of the widows
and orphans, of the sorrow and desolation that war
always leaves in its path.
Christian men! remember that our great
Saviour was a Prince of Peace that he came
to conquer with peace, not with the sword. “The
Lord God omnipotent reigneth.”
Disunion is a crime against every
thing. Above all, it is a crime against GOD.
Christians, pause and reflect. Let me entreat
you to help us save this country from disunion.
I speak earnestly. We Pennsylvanians
are upon the border. Our soil must be the battle
ground. Upon us will the heavy trouble fall.
Once more I say, let us trust the people. They
are always right. They will do something; and
honest men, sincere men, tell us that unless something
is done, the border slave States cannot be retained
in the Union.
I am not here as a party man, but
as an American citizen, and a citizen of Pennsylvania.
I am here to perform my duty to the whole country,
if I can find out what that duty is.
Our friends say there is great apprehension
at the South that the Republican party meditates unconditional
interference with Southern rights. I do not believe
for a moment that there is any ground for such an
apprehension. But, nevertheless, it exists.
Acting upon it, several States have withdrawn from
the Union. We must deal with it in the best way
we can. If we can satisfy our southern brethren,
in the name of peace let us do it. I labored
for the election of Mr. LINCOLN, but I never understood
that hostility to slavery was the leading idea in
the platform of his party. Pennsylvania had other
interests other reasons very powerful,
for supporting him. There was the repeal of the
Missouri Compromise ruinous discriminations
in the Tariff the corruption of the Government the
villanous conduct of its high officers; these and
other considerations gave Mr. LINCOLN more strength
in Pennsylvania than the slavery question.
There are sentiments and opinions
at the North that must be respected. There are
sentiments and opinions at the South that must be respected;
but there are no differences that cannot be honorably
adjusted. The only practicable way that I can
discover is to adopt the plan reported by the committee,
and secure its submission to the people.
How can we do greater honor to this
glorious day, which gave the immortal WASHINGTON to
his country and to the world, than by marking it on
the calendar as the day that secured the safety and
perpetuity of the American Union?
Mr. SUMMERS: The Committee
on Credentials have examined the case of Mr. J.C.
STONE, who is commissioned as a delegate from Kansas,
and are of opinion that he is duly accredited.
Mr. FIELD: I understand
that he was appointed by Mr. BEEBE, the Secretary
of the Territorial Government.
Mr. CLAY: There is a provision
in the Kansas Act authorizing the Secretary to perform
all the duties of the Governor in his absence.
Mr. BROCKENBROUGH: I represent
an old and honored Commonwealth. I speak, remembering
the maxing that “a soft answer turneth away
wrath.” But I should disregard my duty if
I did not reply to what was said a few days ago, in
arraignment in unfair and improper arraignment,
of Virginia.
Virginia occupies no menacing position,
no attitude of hostility toward the Union or her sister
States. Virginia knows that “eternal vigilance
is the price of liberty.” She knows, too,
that there is good policy in the maxim, “in
peace prepare for war.” Her action is only
such as is dictated by a prudent foresight. How
unkind, then, are such taunts against Virginia, the
mother of us all. She comes here in a paternal
spirit; she desires to preserve the Union; she disdains
to employ a menace; she knows that she never can secure
the cooperation of brave men by employing menaces.
No! She wishes to use all her efforts to perpetuate
the reign of peace.
Another says we are seeking to secure
an amendment of the Constitution by the employment
of unconstitutional means, and that this meeting is
a revolutionary mob that these eminent men
of the country assembled here, constitute a mob.
No, sir! No!
Mr. BALDWIN: If the gentleman
from Virginia refers to me, he quite misunderstood
me. I said only that the action proposed here
was not contemplated by the Constitution, and was
revolutionary in its tendency.
Mr. BROCKENBROUGH: I cannot
for my life so consider it. This is merely an
advisory body. We are here to devise an adjustment,
and to lay it before Congress. We are exercising
the right of petition, and that is a sacred right.
Is this revolutionary? No, sir! You would
insist that Congress should receive a petition,
although that body had no right to act upon it.
If so, how much more should our petition be received,
when we seek to preserve the Union, and when the Constitution
expressly authorizes Congress to act in such a case.
The gentleman from Vermont said last
evening, that a pledge from the South to abide by
the result would be a condition precedent to the submission
of the proposition at all, and yet he says he cannot
pledge Vermont. Why, then, does he ask us to
pledge Virginia?
Mr. CHITTENDEN: I am not
willing to be misunderstood. I thought my language
was plain. What I said was, that no one could
pledge the free States for or against these propositions;
but I did say we could pledge them to abide by
the Union, whatever the result might be. That
is the pledge we ask from the South.
Mr. BROCKENBROUGH: Well,
that is a pledge we have no authority to give.
We cannot accept these propositions as a boon from
any section. We must have them as a right, or
not at all.
But let me address myself at once
to the momentous question. It seems that we can
agree upon every thing but this question of slavery
in the Territories. So far as that subject is
concerned, Virginia has declared that she will accept
the Crittenden resolutions. She and her southern
sisters will stand upon and abide by them. If
gentlemen will come up to this basis of adjustment
with manly firmness, the electric wires will flash
a thrill of joy to the hearts of the people this very
hour. Why not come up to it like men?
The Supreme Court has already established
the rights of the South, so far as this question is
concerned, upon a basis which is satisfactory.
Under the Dred Scott decision, the people of the South
have the right to go into any portion of the Territory
with their slaves. You, gentlemen of the North,
will not abide by that decision. You have declared
in your platform that it is a miserable dogma.
How can we be satisfied with such a guarantee for
our rights as that?
But it is said that this part of the
Dred Scott decision is only an obiter dictum;
that the question was not presented by the record.
This is not so. As was said by Governor WICKLIFFE,
the other day, there were two questions in that case.
The judgment of the court was upon them both, and
both were presented by the record.
We know that the dominant party has
elected a President on a purely sectional issue, and
in deadly hostility to our institutions. We believe,
from all the indications of the times, that our institutions
are utterly insecure. Therefore we ask these guarantees.
Give them to us, and from that time you will restore
peace and quiet to the country. You at once attach
the Border States firmly to you forever. I hope
you will do so; but I tell you that the Border States
cannot be retained unless you will consent to give
such guarantees as will bring back the seceded States,
and unite us all in a glorious confederation.
Sentiments have been uttered here
that grate harshly on the minds of Southern gentlemen.
It is said that this is a war of ideas. If so,
then there is certainly that irrepressible conflict
about which we have heard so much. But it is
not true that slaves exclude free labor. Come
to the harvest homes of Western Virginia. There
you will see the union of white and black labor see
the two races working harmoniously together.
The mechanics are white, the field hands are black.
Those only make such assertions who know nothing about
it.
You insist at the North that slavery
is a sin. If it is as you claim it to be, a sin,
the sum of all villanies, then we may as well separate.
We cannot live together longer.
If we cannot have the aid of other
sections, the Border States must take the subject
into their own hands, and settle it for themselves.
These States, with one exception, have shown a most
excellent spirit. Let them all come up to the
work to-day; on this natal day of WASHINGTON, of whom
it was said that nature had denied him children, in
order that he might be indeed the Father of his Country.
New Jersey has most nobly responded, through her distinguished
sons, but especially through the voice of that eloquent
man, who swept with a master hand the chords of the
human heart, in his remarks here, and tones of heavenly
music responded to the touch.
The whole nation stands on tiptoe
awaiting the final result of the action of this Conference.
All sections are ready to make sacrifices, but sacrifices
are not required. Let us act, and then go home.
A grateful people will bind the wreath of victory
around your brows, for “Peace hath her victories
not less than War.”
We make no appeal to the sympathies
of gentlemen. We ask you to do justice, simple
justice to the South. Do it, and you will do honor
to yourselves. Give us the guarantees we ask,
and my word for it, you will see the seceded States
coming back one by one, and we shall see ourselves
once more a happy and a united people!
Mr. WILMOT: It is not my
purpose to enter upon the wide field that has been
opened in this debate. I did not intend to speak
at all. I know well the position I occupy before
the country. I am regarded by those who do not
know me as an extreme man. I am, if I know myself,
a man of moderation, and, I trust, of firmness.
I make these remarks because the time has come when
I must separate from my delegation. I concede
every thing to their patriotism, good intentions, and
integrity. But I must separate from them in the
votes they are about to give.
We are called here to consider the
condition of the country. It is said that condition
requires our interference that such interference
is necessary. The country has just passed through
one of those conflicts which are incidental to our
form of Government. It has borne the trial, and
I think it is safe.
Those who insist that certain things
shall be done, place us in a delicate position.
You say that you do not object to the inauguration
of Mr. LINCOLN, but you refuse to permit his principles
to be carried into effect. We say that we have
not merely elected Mr. LINCOLN, but we have decided
the principles upon which his administration shall
be conducted. You refuse to permit this, and
say that you will leave us and revolutionize, unless
we consent to a counter resolution.
The contest in which we are now engaged
is not a new one. It is of twelve or fifteen
years’ standing. It assumed new proportions
when we acquired Texas. Texas, under the laws
of Mexico, was then free. We insisted that slavery
should not be recognized there. You claimed that
it should that slavery should go into all
the common Territories of the Union. You succeeded.
You procured what you claim is a decision of the court
in your favor. But the people would not give the
question up. The issue was formed Slavery
or Freedom; and on that issue we went into the late
election. It was well understood in all its bearings.
It was discussed and argued upon both sides and all
sides, and the people determined the question against
the South. In my section of the country there
was no change. In all the excitement of a Presidential
contest, I do not know of twenty votes that were changed.
The opinions of the people were formed before; now
they have declared them.
My first allegiance is to the principles
of truth and justice. Convince me that your propositions
are right, that they are just and true, and I will
accept them. I will sustain them to the end.
If they are wrong and I now believe them
to be I will never sustain them, and I
will show my faith in GOD by leaving the consequences
with Him.
Any substantial change in the fundamental
principles of government is revolutionary. Yours
may be a peaceable one, but it is still a revolution.
The seceded States are in armed revolution. You
are in direct alliance with them. You say the
Government shall not retake the forts, collect the
revenue, and you ask us to aid you in preventing the
Government from doing its duty.
Permit this, and the judgment of the
world will be that we have submitted to the inauguration
of your principles as the principles of the Government.
It would exhibit a weakness from which the country
could never hope to recover. These are reasons
satisfactory enough to me. I cannot vote for
the first article.
Mr. WICKLIFFE: Do you wish
to get the seceded States back?
Mr. WILMOT: Certainly I do.
Mr. WICKLIFFE: How do you propose to do
it?
Mr. WILMOT: I cannot say
that I have any special way. It is their duty
to return. There are better methods of coercing
them than to march our army on to their soil.
Now I understand it is your purpose to intrench slavery
behind the Constitution.
Mr. RUFFIN: Certainly. That is true in
a certain portion of the
Territories.
Mr. WILMOT: I thought I
was not mistaken. The Government has long been
administered in the interest of slavery. The fixed
determination of the North is, that this shall be
no longer.
Mr. HOUSTON: Will the gentleman
hazard the assertion that such has been the policy
of Tennessee, Maryland, or Delaware?
Mr. WILMOT: I did not intend
to say more than that such has been the general policy
of the Government. Another objection to the proposed
amendment is its ambiguity. Its construction is
doubtful, when it should be plain. Don’t
let us differ when we go home. If we do we shall
settle nothing. Some will claim that the first
article does not furnish a slave code. Others
will claim that it does, and such I think is a fact.
I am also opposed to the second article. I do
not think it is right thus to bind posterity.
I am opposed to the third article, except the first
clause. If you think there is really a purpose
at the North to interfere with slavery in the States,
I am willing a declaratory amendment should be adopted
prohibiting such interference. I like that of
Mr. FIELD much better. I can go for that with
all my heart.
As to the foreign slave trade we ask
nothing. The laws are well enough as they are,
if properly enforced. Besides, you make too much
of it. You will claim hereafter that this formed
one part of the compromise. It will amount to
nothing.
Mr. BARRINGER: But the
South wants the foreign slave trade prohibited.
Mr. WILMOT: Do not the
statutes prohibit it? Why not enforce them?
Mr. BARRINGER: We had rather
have the prohibition in the Constitution.
Mr. WILMOT: I am opposed
also to abrogating the power of Congress over the
District of Columbia. I hope to see slavery abolished
in the District.
Mr. WICKLIFFE: Will the
gentleman from Pennsylvania abide by the decision
in the Dred Scott case?
Mr. WILMOT: Certainly,
so far as it decides what is in the record.
Mr. SEDDON: You will not
permit it to settle the principle?
Mr. WILMOT: I will not,
any more than Virginia would accede to the decision
upon the Alien and Sedition Laws. I will be frank
and go farther. If the Court had undertaken to
settle the principle, I would do all I reasonably
could to overthrow the decision.
Mr. SEDDON: My voice has
failed me to-day, and I do not know that I can speak
in audible tones, but I will try.
I understand the gentleman who last
addressed us to say, that there are to be incorporated
into the administration of the Government two new
principles: one is, that there shall be no slavery
in the territories; the other is, that the action
of the Government shall be on the side of freedom.
And furthermore, that slavery is to be regarded as
a purely local institution, and that slaves are not
to be regarded as property anywhere except in the
slave States. Now, that was just the way in which
I interpreted the action of the North in the last
election, and it is precisely this view which has led
to the secession of the States. The gentleman
well understands that a different view of their rights
under the Constitution prevails among the Southern
people. Will he also understand and recognize
the fact, that the Supreme Court has clearly given
the sanction of its opinion to the Southern construction?
Mr. WILMOT: Ought not the
action of the Government under WASHINGTON to be a
precedent of some weight in our favor?
Mr. SEDDON: I cannot accede
to that. Now the North has inaugurated this policy.
We of the South say it is a subversion of the Constitution.
The gentleman must as freely admit that the party just
coming into power must of necessity be a Northern party.
It can have no affiliation with any party at the South.
Now I ask, can we, as a matter of policy or justice,
whose rights are so vitally involved, sit by and see
this done? Slavery is with us a democratic and
a social interest, a political institution, the grandest
item of our prosperity. Can we in safety or justice
sit quietly by and allow the North thus to array all
the powers of the Government against us?
The hour of one o’clock having
arrived, the PRESIDENT announced that under the
resolutions adopted by the Conference, general
debate must cease, and the Conference would proceed
to vote upon the report of the General Committee,
and various amendments proposed thereto.
Mr. FIELD: I rise to a
question of privilege. What was done by the Conference
with the credentials of the gentleman from Kansas?
The SECRETARY: The practice
heretofore has been, to consider a gentleman a member,
when the Committee on Credentials report in his favor.
Mr. FIELD: Then I move
to reconsider the action of the Conference in this
case.
Mr. PRICE: I rise to a
question of order. The committee have reported
in favor of Mr. STONE, and that is conclusive.
The PRESIDENT: I think
the Conference has a right to pass upon the credentials.
Mr. FIELD: I have a serious
objection to the admission of the gentleman from Kansas.
He holds the commission of the Secretary of the Territory
alone, from a man who has never been appointed Governor.
It is very irregular. It looks as though the
gentleman was sent here only for the purpose of giving
the vote of Kansas to certain propositions.
Mr. JOHNSON, of Missouri: The
delegate comes here with an appointment under the
seal of the State of Kansas. The act admitting
Kansas provides that all the territorial officers
shall exercise jurisdiction until others are elected.
I think it is in very bad taste for the gentleman
from New York to question the regularity of the appointment.
Mr. WICKLIFFE: I make a
point of order. We have decided to proceed to
the vote at this time.
The PRESIDENT: I think this is a privileged
question.
Mr. HOUSTON: I respectfully appeal from
the decision of the
PRESIDENT.
Mr. MOREHEAD: I move to lay the whole subject
on the table.
Mr. FIELD: I ask for a vote by States.
The PRESIDENT: It is somewhat
difficult to decide what motion has precedence.
What was the motion of the gentleman from New York?
Mr. FIELD: I moved a reconsideration
of the action of the Convention admitting Mr. STONE.
Let us have a vote on that motion. It is as good
a test as any.
Mr. MOREHEAD: I insist
that the question is upon my motion to lay the whole
subject on the table.
The question was taken upon the motion
of Mr. MOREHEAD, with the following result:
AYES. Delaware,
Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Pennsylvania,
Rhode Island, Tennessee and
Virginia 10.
NOES. Connecticut,
Illinois, Indiana, Maine, Massachusetts,
New York, New Hampshire,
Ohio, and Vermont 9.
Mr. CLAY: I would ask,
as a matter of courtesy, not to say of common decency,
that Mr. STONE may be permitted to state how and why
he came here.
Mr. STONE, of Kansas: I
understand that I was appointed by the Secretary of
Kansas, who was at the time the Acting Governor.
I understand that the appointment was made in accordance
with the Enabling Act of Kansas. I am not inclined
to argue my right to a seat in the Conference.
Mr. FIELD: I wish to ask
the gentleman only one question. Was not Governor
ROBINSON actually in possession of his office before
the delegate received his appointment, and is he not
in such possession now?
Mr. STONE: He was, and is.
Mr. ALEXANDER: I call for the reading of
the fourth Rule.
The fourth Rule was read by the Secretary, as follows:
4TH RULE. A member shall
not speak oftener than twice, without special
leave, upon the same question; and not a second
time, before every other who has been silent shall
have been heard, if he chooses to speak upon the
subject.
Mr. FIELD: In order to
bring the subject fairly before the Conference, I
will put my motion in the form of a resolution, as
follows:
Resolved, That the credentials
of Mr. STONE, who desires to act as a Commissioner
from Kansas, be referred back to the Committee
on Credentials, with instructions to that committee
to report the facts concerning his appointment, and
whether it proceeded from the Territorial Secretary.
Mr. SUMMERS: I wish the
Committee on Credentials to stand right with the Conference.
We accepted the commission of the Acting Governor as
prima facia correct.
Mr. VANDEVER: I wish to offer a resolution.
Mr. GUTHRIE: All resolutions are out of
order.
The PRESIDENT: I think
resolutions under the ruling of the Conference cannot
now be considered.
Mr. CURTIS: I ask leave
for the State of Iowa to vote on the motion to lay
the subject of the admission of the delegate from Kansas
on the table.
The motion was granted, and Iowa being
called, voted No; and the vote stood: Ayes, 10;
Noes, 10. And so the motion was lost.
Much discussion here ensued on the
subject of the admission of the delegate from Kansas,
which was participated in by Messrs. STOCKTON, CLEVELAND,
COALTER, and others, when
Mr. STONE observed that he had no
desire to force himself into the Conference, and until
the question was settled he thought it proper to withdraw.
The resolution offered by Mr. FIELD
was adopted without a division.
VOTE ON THE PROPOSITIONS AND AMENDMENTS.
The PRESIDENT: The Conference
will now proceed to the consideration of the report
of the General Committee, and the amendments thereto.
The question will be taken on the adoption of the first
section reported by the Committee of One from each
State, which the SECRETARY will now read.
The SECRETARY read the report as follows:
SECTION 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.
SECTION 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 the members of the Senate.
SECTION 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.
SECTION 4. The third paragraph
of the second section of the fourth article of
the Constitution shall not be construed to prevent
any of the States, by appropriate legislation, and
through the action of their judicial and ministerial
officers, from enforcing the delivery of fugitives
from labor to the person to whom such service
or labor is due.
SECTION 5. The foreign slave trade,
and the importation of slaves into the United
States and their Territories, from places beyond
the present limits thereof, are forever prohibited.
SECTION 6. The first, third, and
fifth sections, together with this section six
of these amendments, and the third paragraph
of the second section of the first article of the
Constitution, and the third paragraph of the second
section of the fourth article thereof, shall
not be amended or abolished without the consent
of all the States.
SECTION 7. Congress shall provide
by law that the United States shall pay to the
owner the full value of 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 from mobs
or riotous assemblages, 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. GUTHRIE: I hope now
the Conference will proceed in the regular way, and
that the majority report will be first perfected so
far as amendments are concerned, and that then it
may be adopted.
Mr. SEDDON: I move to amend
the first section by inserting, after the words “in
all the present territory south of said line,”
the words “including the Cherokee grant,”
and I call for a vote by States on the adoption of
the amendment I propose. My object is to carry
out the instruction of the committee. A small
part of the grant lies north of the line. It
is better to include the whole.
Mr. BACKUS: I move to amend
the amendment proposed by the gentleman from Virginia,
by substituting the word “excluding” for
the word “including,” and on my motion
ask a vote by States.
Mr. RUFFIN: I think the
gentleman does not understand the effect of his amendment.
Mr. BACKUS: I do not think
we ought to regard the Cherokee grant at all.
Mr. FRANKLIN: I think both the amendments
important.
Mr. SEDDON: We must recognize
the Cherokee Territory, and not divide it. Upon
mature reflection, I think the amendment is important.
The vote was taken upon the motion
of Mr. BACKUS, and resulted as follows:
AYES. Connecticut,
Illinois, Indiana, Iowa, Maine,
Massachusetts, New York,
New Hampshire, Ohio, Pennsylvania,
and Vermont 11.
NOES. Delaware,
Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Rhode
Island, Tennessee, and Virginia 9.
The PRESIDENT: The question
is now upon the amendment offered by the gentleman
from Virginia, as amended by the Conference.
Mr. GUTHRIE: I hope the
amendment will not be adopted. It is not necessary
to the sense of the article. It is cumulative
in its effect. We have expressly excluded the
Cherokee grant, lest we might seem to overrule the
Cherokee treaty by a provision of the Constitution.
The vote was taken by States, on the
adoption of the amendment proposed by Mr. SEDDON,
as amended, with the following result:
AYES. Connecticut,
Illinois, Indiana, Iowa, Maine,
Massachusetts, New York,
New Hampshire, Ohio, and
Vermont 10.
NOES. Delaware,
Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Pennsylvania,
Rhode Island, Tennessee, and
Virginia 10.
Thus the amendment was lost.
Mr. PRATT: I wish to enter my dissent from
the vote of Connecticut.
Mr. FRANKLIN: I now offer
as a substitute for the first section, as reported,
the following:
Strike out after the
words “United States,” in the first
line, and insert as
follows:
“Not embraced by the Cherokee
treaty, north of the parallel of 36 deg.
30’ of north latitude, involuntary servitude,
except in punishment of crime, is prohibited.
In all the present territory south of that line,
the status of persons held to service
or labor, as it now exists, shall not be changed;
nor shall any law be passed to hinder or prevent
the taking of such persons to said territory,
nor to impair the rights arising from said relation;
but the same shall be subject to judicial cognizance
in the Federal courts, according to the common
law. When any territory north or south of said
line, within such boundary as Congress may prescribe,
shall contain a population equal to that required
for a member of Congress, it shall, if its form
of government be republican, be admitted into
the Union on an equal footing with the original
States, with or without involuntary servitude, as
the constitution of such State may provide.”
Mr. FOWLER: Let us first
perfect the original. I move to amend by inserting
after the word “prevent,” in the first
section, the words “or facilitate.”
Mr. REID: I think we ought
to perfect the section before we vote on a substitute.
I move to amend it by inserting after the word “line,”
after the words “territory south of said line,”
the following words: “involuntary servitude
is recognized, and property in those of the African
race held to service or labor in any of the States
of the Union, when removed to such territory, shall
be protected and”
I have not expressed my views at large
upon the subject of the committee’s report.
I have earnestly wished to settle the perplexing questions
which now distract the country. I do not rise
to make a speech. I have not come here to exact
more than the North can honorably grant, nor to deceive
the North in the result, if the rights of the South
are not protected. Our property is involved in
your action. You can afford to be liberal.
If you intend to recognize property in slaves, write
it down in the bond. If the North wants any protection,
name it, and we will put it into the bond. If
you fear that slavery may go north of the proposed
line, we will give you any assurance to the contrary.
But I tell you that on the other side we require reciprocal
terms. Nothing else will satisfy the public sentiment.
Twelve months hence and we will not take what we now
offer to take.
What are we talking about? Every
one knows that the African race is better off at the
South than it could be elsewhere. We do not wish
to disrupt the Union. You are doing it on a mere
Northern abstraction. Suppose a foreign power
asked you what you were fighting about, what would
be your answer?
But I was saying that the only way
is for the North to be liberal; to be reciprocal;
to make us entirely safe. Our security must be
put into the bond and be faithfully preserved.
The present status of the States in the Union
is deceptive. If I am to remain in the Union,
it don’t suit me. If I am to go into a
southern confederacy, it is just what I should want.
Beware, gentlemen of the North! You are cutting
yourselves off from future glory and expansion.
Mr. VANDEVER: The gentleman
from North Carolina wants the distinct recognition
of slavery in the bond. I would like to refer
him to the condition of this question when the Constitution
was adopted. The men of that time would not assert
such a position. They did not think it proper
or necessary. If we adopt his views we attempt
to sit in judgment on the men of that day. Mr.
CALHOUN understood this matter perfectly, and in one
of his speeches refers to the unwillingness of the
Convention to recognize slavery specifically.
The sentiment of Iowa is that no such recognition
ought to be made now. I am opposed to the amendment.
Mr. SEDDON: I consider
this an important amendment, and a very just one.
The principle upon which we are proceeding is that
of partition. We, with our property are prohibited
from going north of the line. The exact correlative
of that would be, that you should be prohibited from
going south with your institutions. That we do
not ask. On one side involuntary servitude is
prohibited. On the other we simply ask that it
may be recognized. We give up two-thirds of the
territory altogether. All we ask is protection
in the remaining one-third.
What is the meaning of this proposition
as it now stands? Who does not see that its meaning
is ambiguous? It requires us to give up territorial
protection, and leaves us with nothing but the shred
of a right protected by the Federal courts. Once
more let me tell you, that in my opinion the South
will never consider this a satisfactory adjustment.
You say we are protected by the principles of the common
law. Who can tell what this will amount to?
Assuming the territorial government to be favorable,
it could do nothing. You leave it powerless.
Suppose a citizen of Virginia emigrates to the territory
south of the line with his property. He would
have no earthly right except under the laws of Virginia.
The power to enforce those laws is a thousand miles
away. If we are to make a partition, let it be
a partition. As the provision stands, it is the
unfairest bargain ever made. It is all on the
side of the North. In common fairness and honesty,
I submit that the North ought to vote for this amendment.
Mr. ORTH: There is much
that is worthy of consideration in the remarks of
the gentleman from Virginia. I hope earnestly
that we shall not adopt a proposal of amendment that
admits of two interpretations. If I could vote
for the report of the majority at all, I would throw
around it all the protection it needs. This is
a new and peculiar species of property which we are
now making the Constitution recognize and protect.
If the South is entitled to the proposition itself,
I think they are entitled to this amendment.
After all, it is only making the amendment express
just what we know its friends claim it implies.
Mr. GUTHRIE: I would have
preferred the direct recognition by express terms
of slavery south of the line proposed, and I voted
that way in the committee. I suppose, however,
that the clause as it stands recognizes the status
there, as it now exists that it prevents
all interference with the status. Would
you prefer to put into the proposition certain express
terms which would destroy all chance of its adoption
by the people? I do not think the world is governed
by ideas alone. It is governed by ideas and material
interests. The Constitution of 1787 secured the
interests of the slaveholder in the States. This
clause does the same in the Territories. No man
can be cheated by it unless he cheats himself.
Gentlemen favoring the amendment must know that at
least it will not improve the prospects of the proposition
with the people. Do you wish to break up the
Conference? This is an effectual way of doing
it.
We ask for this proposition substantially
as it stands. The North can give it to us if
it chooses. If it will not, then we shall go home
and tell our constituents. They must decide for
themselves what they will do. This will settle
the Territorial question effectually. What more
do we want? The additional guarantees? These
are provided for in the other clauses.
Mr. CHITTENDEN: I call
for a vote by States on Mr. REID’S amendment.
Mr. BARRINGER: I shall
vote for the amendment of my colleague. I have
occupied no time in the general debate, but now I do
desire to say a few words about this amendment, and
the proposition to which it is offered. The amendment
brings up the very gist of the matter.
Differences of opinion exist as to the effect of the
clause. The amendment settles them. This
is no place to talk about devotion to the Union.
To be a Union at all it must be one that recognizes
and protects the rights of all. Any other Union
is not worth the name; is not worth preserving.
We came here, it is true, to save the Union. We
came here to devise the means of saving it. Practically
the Union is already dissolved. If not dissolved
it is disintegrated.
We ask first, additional guarantees
for our rights for Southern rights.
They must be such as will satisfy our people, and bring
back the States that have left the Union. Short
of this they will amount to nothing. I know the
public opinion of the South on these important questions.
I have closely watched its growth. My own convictions
as to what it will require are decided. Unless
you use language and adopt terms in your proposals
of amendment which will satisfy the seceded States which
will induce them to return to the Union your
labors will have been in vain.
What is our claim? It is this,
in short: We claim that every Southern man has
the right to go into the Territories with his property,
wherever these Territories may be. The Territories
belong to both; to the South as well as to the North.
We want equality. We have no wish to propagate
slavery, but every man at the South does wish to insist
upon his right to enter the Territories upon terms
of perfect equality with the North, if he chooses
to do so. He may not exercise the right, but
he will not give it up.
We want a division of the Territories.
We want to set up landmarks so that neither we nor
our posterity shall dispute hereafter about the line.
North Carolina has instructed us to
say to this Conference, that if the CRITTENDEN amendment
can be adopted here, we can carry it almost with unanimity.
There will be a struggle even with our own people,
but we can induce them to adopt it.
We have three hundred miles of border
in common with South Carolina. Our trade and
our associations are in that direction. It is
useless to deny that South Carolina has sympathizers
among us in her recent movement. You must consider
these things, and give us a chance. We must base
our argument on principle; we must stand upon terms
of perfect equality.
The proposition needs this amendment.
As it stands it is ambiguous. It is worse than
that, for its construction will depend on the opinion
of a Territorial Judge.
Mr. CRISFIELD: I come from
a State that is deeply interested in the subject of
slavery. Nevertheless, I shall vote against the
amendment of the gentleman from North Carolina.
I belong to that class of politicians
which believes that the people of every section of
the Union have a right to go into all the Territories
of the Union, and take with them their property and
hold it in safety. But we ought not, in our proposals
of amendment to the Constitution, to insist upon what
will be repulsive to any section of the Union.
I think the amendment is unnecessary that
the right we claim is sufficiently protected without
it. As it stands, neither Congress nor the Territorial
Government has the right to impair the status
of the slave. What farther protection do we need?
What other can we have? Why should we insist
upon the adoption of a new style of language?
We ought not to be unreasonable; we ought to content
ourselves with the proposition as it stands, and not
put expressions into it which will make the whole
repulsive to a large section of the country, and which,
in all probability, will defeat the whole amendment
when it comes before the country. I am not even
sure that we could get it there. I doubt whether
it would pass Congress.
This is a very serious and important
question. We wish to stay the hands of extremists
on both sides. We wish to stand by the Union.
If war comes, our soil is to be the battle ground.
I wish to avoid war. I will insist upon this,
and I will consent to no extreme opinions.
Mr. VANDEVER: I do not
see why Mr. GUTHRIE cannot accept the proposed amendment.
He and the gentleman from North Carolina are both aiming
at the same thing. The amendment is certainly
the clearest. Do you suppose the people are not
going to understand the subject thoroughly? Do
you suppose that they will be deceived by any such
transparent disguise of words? You do not pay
them a very high compliment by such a supposition.
I must vote against the amendment,
because I am opposed to the principle of protecting
slavery in the Territories. Such is the sentiment
of the North. If it was not, I should vote for
the amendment.
Mr. MOREHEAD, of Kentucky: As
I intend to vote against the amendment, it is due
to the Convention that I should state the reasons for
my vote. I am in favor of a clear recognition
of all the rights of the South, especially of our
rights in the Territories. I voted for the CRITTENDEN
amendment in the committee. I thought the North
ought, in justice to us, to adopt that amendment.
We, in this Conference, have selected a Committee
of One from each State a committee of able
men, and we have placed this subject in their charge.
They have consulted together. They have ascertained
the views and feeling of the different sections of
the country; they have embodied the result of their
labors in this report. The question now presented
appears to my mind to be this: After all the
time and ability they have given to their report in
the present distracted and perilous condition of the
country, shall I consent to put words into the amendment
of the Constitution which they recommend, that will
ensure its defeat when it comes before the people?
I know as certainly as that GOD rules
in heaven, that unless we come to some satisfactory
adjustment in this Conference, a convulsion will ensue
such as the world has never seen.
I have been travelling for nearly
two months in the seceded States. I believe I
understand the temper of their people. I have
found there an all-pervading dissatisfaction with
the existing state of things, but I have also found
great devotion to the Union. I think we can yet
save the seceded States. But at least let us
save Texas and Arkansas. As it is, black ruin
sits nursing the earthquake which threatens to level
this Government to its foundations. Can you not
feel it, while there is yet time to prepare for the
shock? If this giant frenzy of disunion raises
its crested head if red battle stamps his
foot, the North will feel the shock as severely as
the South.
Such is the prospect before us, and
near to us, and yet gentlemen say that they will not
give one guarantee to avert such dire calamities.
Will not the gentleman from New York do one thing to
save that Ship of State of which he spoke so eloquently,
when she is already among the breakers, and driving
so rapidly toward that rocky shore against which her
ribs of steel cannot long protect her? We are
patriots all we are bound to act together to
do something to do our duty, and our whole
duty to do what will ultimately preserve
the Union.
Mr. PALMER: A few days
ago the Conference listened to a deliberate defence
of the institution of slavery by its friends from the
slave States, in which at least one gentleman from
a free State (Mr. EWING) participated. That defence
could have had but one object. That object was
to place us who do not believe in slavery in such a
position that we could not agree to a compromise without
endorsing the views then expressed. Gentlemen
expect us to give up our opinions and concur with
them. I have but one remark to make to all such
suggestions. We entertain our opinions on the
subject of slavery; we cannot, we will not surrender
them.
We are told that this contest must
cease, or the Union must perish. I am inclined
to think so myself. We stand ready to make any
reasonable compromise to save the Union, short of
sacrificing our opinions. You, gentlemen of the
South, cannot be satisfied unless our capitulation
is complete.
I do not assent to much that is said
here about the Border States. If the Union is
not dissolved until the Border States go to fighting
each other, it will last forever.
Mr. REID: If we all mean
the same thing, let us put it into the bond.
Then there will be no room for misunderstanding or
controversy. If you leave this article open to
construction, nothing will be settled. The gentleman
is mistaken if he supposes that I wish him to adopt
my arguments. I do not. If this provision,
as it stands, protects slavery in the Territories
south of 36 deg. and 30’, why not say so
in express terms? I question whether the article,
as reported, recognizes property in slaves at all.
I wish to settle the question now and forever.
I do not wish to have my purpose perverted. I
wish to carry home to North Carolina a reasonable
story. We have given up all our rights in the
territory north of the line. Let the North be
reciprocal. What shall I tell my people at home?
That I have given away their rights in more than one-half
the territory, and have not even secured a provision
protecting property in slaves in the remainder?
The vote, on the request of Mr. CHITTENDEN,
was taken by States, and resulted as follows:
AYES. Virginia,
North Carolina, and Missouri 3.
NOES. Maine,
New Hampshire, Vermont, Massachusetts, Rhode
Island, Connecticut,
New York, New Jersey, Pennsylvania,
Delaware, Maryland,
Tennessee, Kentucky, Ohio, Indiana,
Illinois, and Iowa 17.
So the amendment was lost.
Mr. CARRUTHERS: Tennessee
approves the sentiment of the amendment, but she thinks
the requisite security is already given.
Messrs. BUTLER and CLAY, of Kentucky,
and Mr. DENT, of Maryland, asked to have their dissent
recorded from the votes of their respective States.
Mr. BARRINGER: I wish to
make a suggestion in relation to Mr. FRANKLIN’S
substitute. I think it is not in order. The
Conference has already determined to perfect the committee’s
report, before substitutes are to be considered.
Mr. CURTIS: I now move
to amend Mr. FRANKLIN’S substitute, by striking
out all after the word “prohibit,” in the
third line, down to and including the words “common
law,” and inserting instead thereof the words,
“but this restriction shall not apply to territory
south of said line.”
My proposition is offered in good
faith, and to show that Iowa is disposed to compromise.
I do not say that this is as far as she will go.
I have inserted the very words used by our fathers.
They prohibited slavery north and tolerated it south
of the line. This was the original proposition
of Virginia. If there is any thing in its ethics,
they are Virginia ethics. Slavery now exists in
these Territories. Let it be there. There
is slavery in Kansas, Utah, and Nebraska. We
cannot help it. It appears to me that the South
ought to accept this amendment. It recognizes
the opinions of our fathers. This was JEFFERSON’S
idea when he drew the ordinance of 1787.
The Constitution does recognize the
relation of master and slave, in my opinion.
I do not like it, I confess. You in the South
do not regard your blacks as slaves in the absolute
sense of the term. You have a right in their
services, not in their bodies. You recognize
them as men in various ways.
Again I say, I do not offer this amendment
to embarrass the action of the Conference. It
secures slavery south of 36 deg. 30’.
Mr. GUTHRIE: This amendment
would not be satisfactory either to the South or myself.
In my judgment, it ought not to be adopted. We
claim the right under the Constitution as it is, to
go into all the Territories of the Union with our
property. This right is confirmed to us by the
decision of the Supreme Court. There will be no
compromise, if we cannot go home to our people and
tell them that you concede this right south of 36
deg. 30’. Otherwise, they would throw
the propositions in our faces. As it stands,
the article gives you security, North. As it
would be when this amendment is adopted, it would give
the South law and litigation. We want peace.
We cannot take this amendment.
Pending the consideration of the amendment
offered by Mr. CURTIS, on motion of Mr. JAMES, the
Conference adjourned to ten o’clock to-morrow
morning.