Read NINETEENTH DAY of A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention, free online book, by Lucius Eugene Chittenden, on ReadCentral.com.

WASHINGTON, WEDNESDAY, February 27th, 1861.

The Conference assembled pursuant to adjournment, and was called to order by President TYLER. Prayer was offered by Rev. Dr. GURLEY.

The PRESIDENT: The Conference will now proceed to the consideration of the order of the day, the proposals of amendment to the Constitution reported by the majority of the committee.

Mr. GUTHRIE: I suppose, under the rules which the Conference has adopted, discussion of these proposals is no longer in order. I hope now the Conference will proceed to the vote. The opinions of each delegation are undoubtedly fixed, and cannot be changed by farther argument.

I move you, sir, the adoption of the first section of the report as amended, which I ask to have read by the Secretary.

The section was read by the Secretary, as follows:

SECTION 1. In all the present territory of the United States 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 involuntary service or labor, as it now exists, shall not be changed; nor shall any law be passed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of the States of this Union to said territory, nor to impair the rights arising from said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law. When any Territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without involuntary servitude, as the Constitution of such State may provide.

The vote upon said section resulted as follows:

AYES. Delaware, Illinois, Kentucky, Maryland, New Jersey,
Ohio, Pennsylvania, Rhode Island, and Tennessee 9.

NOES. Connecticut, Iowa, Maine, Massachusetts, North
Carolina, New Hampshire, Vermont, and Virginia 8.

So the section was adopted.

The vote of New York being called, Mr. KING, temporary Chairman of the delegation, said:

The question arises concerning the vote of New York. Mr. FIELD, one of the delegates from this State, is necessarily absent from the Conference, having left to attend to the argument of a cause in the Supreme Court noted for argument this morning. It is his understanding, and with him that of a majority of the delegation, that the vote of New York is to be cast against this section, and the whole report. Under these circumstances I propose to give the vote of New York as it would be given if Mr. FIELD was present.

Mr. CORNING: I object to this. The vote of that State should be given as the majority of the commissioners present decide. And I think this is a matter for the delegation, and that the Conference has nothing to do with it.

The PRESIDENT: An absent member cannot participate in the control of a vote except by general leave of the Convention.

Mr. KING: If Mr. FIELD is not to be taken into the account, the vote of New York upon this section is divided.

Mr. EWING: The vote of Kansas is also divided.

Mr. HACKLEMAN: The vote of Indiana is divided. The commissioners of Indiana were appointed by virtue of resolutions passed by the Legislature of that State, which require them to report to the Legislature any proposition before voting for it finally, so as to commit the State either for or against it. It is impossible, under the circumstances, to submit this proposition of amendment to the Legislature of Indiana for approval or rejection. Indiana, therefore, declines to vote.

Mr. SLAUGHTER: As the delegation from Indiana declines to cast its vote, I desire to have my individual vote entered in the affirmative upon this section.

Mr. ELLIS: For the same reason I desire to have my vote entered in the negative.

The following gentlemen dissented from the vote of their respective
States: Mr. CLAY and Mr. MOREHEAD, of Kentucky; Mr. RUFFIN and Mr.
MOREHEAD, of North Carolina; Mr. MEREDITH and Mr. WILMOT, of
Pennsylvania; Mr. TOTTEN, of Tennessee; Mr. COOK, of Illinois; Mr.
RIVES and Mr. SUMMERS, of Virginia; and Mr. CHASE and Mr. WOLCOTT, of
Ohio.

Mr. GUTHRIE: I move the adoption of the second section of the report as amended, and ask that it may be read.

The Secretary read it as follows:

SECTION 2. No territory shall be acquired by the United States, except by discovery, and for naval and commercial stations, depots, and transit routes, without the concurrence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States which prohibit that relation; nor shall territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States hereinbefore mentioned be cast as a part of the two-thirds majority necessary to the ratification of such treaty.

The vote on the adoption of section two was taken, and resulted as follows:

AYES. Delaware, Indiana, Kentucky, Maryland, Missouri, New
Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and
Virginia 11.

NOES. Connecticut, Illinois, Iowa, Maine, Massachusetts,
North Carolina, New Hampshire, and Vermont 8.

New York and Kansas were divided.

So the section was adopted.

The following gentlemen dissented from the vote of their States: Mr. MEREDITH and Mr. WILMOT, of Pennsylvania; Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr TYLER, of Virginia; Mr. CLAY, of Kentucky; and Mr. HACKLEMAN and Mr. ORTH, of Indiana.

Mr. GUTHRIE: I now move the adoption of the third section of the report as amended, and request that it may be read.

The Secretary proceeded to read as follows:

SECTION 3. Neither the Constitution nor any amendment thereof shall be construed to give Congress power to regulate, abolish, or control, within any State, the relation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to interfere with or abolish involuntary service in the District of Columbia without the consent of Maryland and without the consent of the owners, or making the owners who do not consent just compensation; nor the power to interfere with or prohibit representatives and others from bringing with them to the District of Columbia, retaining and taking away, persons so held to labor or service; nor the power to interfere with or abolish involuntary service in places under the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized; nor the power to prohibit the removal or transportation of persons held to labor or involuntary service in any State or Territory of the United States to any other State or Territory thereof, where it is established or recognized by law or usage; and the right during transportation, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; but not the right of transit in or through any State or Territory, or of sale or traffic, against the laws thereof. Nor shall Congress have power to authorize any higher rate of taxation on persons held to labor or service than on land.

The bringing into the District of Columbia of persons held to labor or service for sale, or placing them in depots to be afterwards transferred to other places for sale as merchandise, is prohibited.

The question on the adoption of said section resulted in the following vote:

AYES. Delaware, Illinois, Kentucky, Maryland, Missouri, New
Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island,
Tennessee, and Virginia 12.

NOES. Connecticut, Indiana, Iowa, Maine, Massachusetts, New
Hampshire, and Vermont 7.

New York and Kansas were divided.

So the section was adopted.

The following gentlemen dissented from the vote of their States: Mr. CLAY, of Kentucky; Mr. COOK, of Illinois; Mr. SLAUGHTER, of Indiana; and Mr. CHASE, and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE: I move the adoption of the fourth section of the report as amended.

And the Secretary read it as follows:

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.

The question on the adoption of said section resulted in the following vote:

AYES. Connecticut, Delaware, Illinois, Indiana, Kentucky,
Maryland, Missouri, New Jersey, North Carolina, Ohio,
Pennsylvania, Rhode Island, Tennessee, Vermont, and
Virginia 15.

NOES. Iowa, Maine, Massachusetts, and New Hampshire 4.

New York and Kansas were divided.

And the section was adopted.

The following gentlemen dissented from the vote of their respective States: Mr. BALDWIN, of Connecticut; Mr. HACKLEMAN and Mr. ORTH, of Indiana; and Mr. CHASE and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE: I now move the adoption of the fifth section of the report as amended.

It was read by the Secretary as follows:

SECTION 5. The foreign slave-trade is hereby forever prohibited; and it shall be the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor, into the United States and the Territories from places beyond the limits thereof.

The vote on the adoption of this section resulted as follows:

AYES. Connecticut, Delaware, Illinois, Indiana, Kentucky,
Maryland, Missouri, New Jersey, New York, New Hampshire,
Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and
Kansas 16.

NOES. Iowa, Maine, Massachusetts, North Carolina, and
Virginia 5.

So this section was adopted.

The following gentlemen dissented from the vote of their respective States: Mr. BALDWIN, of Connecticut; Mr. CLAY, of Kentucky; Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. WOLCOTT and Mr. CHASE, of Ohio; and Mr. HACKLEMAN and Mr. ORTH, of Indiana.

Mr. GUTHRIE: I move the adoption of the sixth section of the report as amended, and desire that the Secretary may read that also.

The Secretary read as follows:

SECTION 6. The first, third, and fifth sections, together with this section of these amendments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph of the second section of the fourth article thereof, shall not be amended or abolished without the consent of all the States.

The vote on the adoption of this section stood as follows:

AYES. Delaware, Illinois, Kentucky, Maryland, Missouri, New
Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and
Kansas 11.

NOES. Connecticut, Indiana, Iowa, Maine, Massachusetts,
North Carolina, New Hampshire, Vermont, and Virginia 9.

The State of New York was divided.

And this section was adopted.

The following gentlemen dissented from the vote of their States: Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. CHASE and Mr. WOLCOTT, of Ohio; Mr. COOK, of Illinois; and Mr. SUMMERS and Mr. RIVES, of Virginia.

Mr. GUTHRIE: I move the adoption of the seventh section of the report, as amended.

The Secretary read as follows:

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 like violence or intimidation, and the owner thereby deprived of the same; and the acceptance of such payment shall preclude the owner from further claim to such fugitive. Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the several States.

The vote on the adoption of this section was as follows:

AYES. Delaware, Illinois, Indiana, Kentucky, Maryland, New
Jersey, New Hampshire, Ohio, Pennsylvania, Rhode Island,
Tennessee, and Kansas 12.

NOES. Connecticut, Iowa, Maine, Missouri, North Carolina,
Vermont, and Virginia 7.

The vote of New York was divided.

So this last section was also adopted.

The following gentlemen dissented from the vote of their respective
States: Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. TOTTEN of
Tennessee; Mr. HACKLEMAN and Mr. ORTH, of Indiana; and Mr. CHASE and
Mr. WOLCOTT, of Ohio.

Mr. CHASE: The sections which have been adopted severally, as a whole may not be acceptable to a majority of the Conference. They have been adopted by different votes and different majorities. I think a vote should be taken upon them collectively, in order that we may know whether, as a single proposition, they meet the approbation of the Conference. I move that a vote be taken upon the several sections as a whole.

The PRESIDENT: It is the opinion of the Chair that this motion is not in order. Each section, when once approved by a majority of votes, stands as the order of the Conference. These sections have been severally taken up, amended, and adopted, and no further vote is necessary or proper, except by way of reconsideration.

Mr. CHASE: I think the motion an important one, and with all deference, appeal from the decision of the Chair to the Conference.

The PRESIDENT: The question is, Shall the decision of the Chair stand as the order of the Conference?

Mr. CHASE: As I have no wish except to secure a fair vote, and the opinion of the Chair may be technically correct, I will withdraw my appeal.

Mr. FRANKLIN: Having adopted the report of the committee, I think now there should be an expression of the Conference upon the question of secession. I therefore move the adoption of the following resolution:

Resolved, As the sense of this Convention, that the highest political duty of every citizen of the United States is his allegiance to the Federal Government created by the Constitution of the United States, and that no State of this Union has any constitutional right to secede therefrom, or to absolve the citizens of such State from their allegiance to the Government of the United States.

Mr. BARRINGER: I move to lay that resolution on the table. This is a Convention to propose amendments to the Constitution, not to make commentaries upon that instrument.

Mr. CLEVELAND: I ask a vote by States.

The question was taken by States, and resulted as follows:

AYES. Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Tennessee, and Virginia 9.

NOES. Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, New York, New Hampshire, Pennsylvania, Rhode
Island, Vermont, and Kansas 12.

And the Convention refused to lay the resolution upon the table.

Mr. COALTER: I offer the following amendment: strike out all after the word resolve, and insert as follows:

“The term of office of all Presidents and Vice-Presidents of the United States, hereafter elected, shall be six years; and any person once elected to either of said offices shall ever after be ineligible to the same office.”

The amendment of Mr. COALTER was rejected by a viva voce vote.

Mr. SEDDON: I now move to amend by striking out all after the word “resolved” in Mr. FRANKLIN’S resolution, and insert a series of amendments hitherto proposed by myself, as follows:

To secure concert and promote harmony between the slaveholding and non-slaveholding sections of the Union, the assent of the majority of the Senators from the slaveholding States, and of the majority of the Senators from the non-slaveholding States, shall be requisite to the validity of all action of the Senate, on which the ayes and noes may be called by five Senators.

And on a written declaration, signed and presented for record on the Journal of the Senate by a majority of the Senators from either the non-slaveholding or slaveholding States, of their want of confidence in any officer or appointee of the Executive, exercising functions exclusively or continuously within the class of States, or any of them, which the signers represent, then such officer shall be removed by the Executive; and if not removed at the expiration of ten days from the presentation of such declaration, the office shall be deemed vacant, and open to new appointment.

The connection of every State with the Union is recognized as depending on the continuing assent of its people, and compulsion shall in no case, nor under any form, be attempted by the Government of the Union against a State acting in its collective or organic capacity. Any State, by the action of a convention of its people, assembled pursuant to a law of its legislature, is held entitled to dissolve its relation to the Federal Government, and withdraw from the Union; and, on due notice given of such withdrawal to the Executive of the Union, he shall appoint two commissioners, to meet two commissioners to be appointed by the Governor of the State, who, with the aid, if needed from the disagreement of the commissioners, of an umpire, to be selected by a majority of them, shall equitably adjudicate and determine finally a partition of the rights and obligations of the withdrawing State; and such adjudication and partition being accomplished, the withdrawal of such State shall be recognized by the Executive, and announced by public proclamation to the world.

But such withdrawing State shall not afterwards be readmitted into the Union without the assent of two-thirds of the States constituting the Union at the time of the proposed readmission.

I desire to get these amendments on the Journal. It is my duty to offer them, and I wish the Journal to show that I have performed that duty.

Mr. FRANKLIN: I then move to lay the amendment on the table, and to give the gentleman leave to have it inserted in the Journal. That will accomplish his purpose.

The question was taken on the motion to lay the amendment on the table, and resulted in an affirmative vote.

Mr. RUFFIN: I regard the mission of this Convention as now performed, and I hope we shall take up no new questions, which can only distract and divide us. I therefore move to postpone the consideration of this resolution indefinitely.

The question was taken on Mr. RUFFIN’S motion, with the following result:

AYES. Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Rhode Island, Tennessee, and
Virginia 10.

NOES. Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, and Pennsylvania 7.

The vote of New York was divided.

Messrs. DUNCAN and AMES dissented from the vote of Rhode Island.

Mr. GUTHRIE: It will be necessary that this proposition be presented to Congress in an authentic form, and I suppose it will not be necessary for the Convention to continue its sessions until this presentation is made. I therefore offer the following preamble:

TO THE CONGRESS OF THE UNITED STATES:

The Convention assembled upon the invitation of the State of Virginia to adjust the unhappy differences which now disturb the peace of the Union and threaten its continuance, make known to the Congress of the United States that their body convened in the city of Washington on the 4th instant, and continued in session until the 27th.

There were in the body, when action was taken upon that which is here submitted, one hundred and thirty-three commissioners, representing the following States: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois, Iowa, and Kansas.

They have approved what is herewith submitted, and respectfully request that your honorable body will submit it to conventions in the States as an article of amendment to the Constitution of the United States.

Mr. RANDOLPH: I move the adoption of the preamble, and that the same, with the propositions already adopted, be authenticated by the present Secretary, and that all be presented by the President of this Convention to the Senate and House of Representatives, with a respectful request for their passage.

This motion was agreed to.

Mr. BARRINGER: As the labors of the Convention are now closed, I presume there is no occasion for continuing the injunction of secrecy. As notes of the proceedings have been taken with a view, I presume, to publication, I now move that the injunction of secrecy against speaking of the action of the Convention, or the publication of its proceedings, be removed.

The motion of Mr. BARRINGER was agreed to by a viva voce vote.

Mr. JOHNSON: I desire here to have printed in the Journal the following resolution.

Leave was granted to Mr. JOHNSON as requested, and his resolution was as follows:

Resolved, That while the adoption, by the States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, of ordinances declaring the dissolution of their relation with the Union, is an event deeply to be deplored; and while abstaining from any judgment on their conduct, we would express the earnest hope that they may soon see cause to resume their honored places in this Confederacy of States; yet to the end that such return may be facilitated, and from the conviction that the Union being formed by the assent of the people of the respective States, and being compatible only with freedom, and the republican institutions guaranteed to each, cannot and ought not to be maintained by force, we deprecate any effort by the Federal Government to coerce in any form the said States to reunion or submission, as tending to irreparable breach, and leading to incalculable ills; and we earnestly invoke the abstinence from all counsels or measures of compulsion toward them.

Mr. POLLOCK: The Committee on Finance have made an examination of the expenses which have been incurred for printing, stationery, &c., by the Conference. It has been, already stated that the expense of printing the Journal is met by the city of Washington. The additional expense incurred amounts to $735. If this is equally apportioned among the States represented it will amount to $35 each. It is for the Conference to decide in what manner the assessment shall be made.

Mr. BROWNE: I offer the following resolution:

Resolved, That the report of the committee be received and accepted; that the committee be continued, and requested to make the necessary disbursements; and that the States now pay over the sum assessed to the chairman.

And the resolution was unanimously adopted.

Mr. LOOMIS: I take great pleasure in presenting to the Conference the following letter, which has been addressed by the proprietors of the hall to the Secretary. I ask that the letter may be read, and I also offer the following resolution.

The letter was read, as follows:

CRAFTS J. WRIGHT, ESQ.,
Secretary Conference Convention:

SIR: Please inform the Convention that we have tendered, free of charge, the use of our Hall and lights, which they have occupied. We hope the use may be sanctified by restoring peace to the Union.

We are, respectfully, &c.,

J.C. & H.A. WILLARD.

February 23d, 1861.

And the resolution, which was unanimously adopted, was as follows:

Resolved, That the thanks of this Convention are justly due, and are hereby given, to the Messrs. Willard, for the liberal and generous tender, free of charge, of the use of the Hall and the lights, for the purposes expressed in their letter to the Secretary; and that the Secretary be requested to communicate to them a copy of this resolution.

Mr. DODGE offered the following resolution, and that, too, was unanimously agreed to:

Resolved, That the thanks of this Convention are justly due and hereby given to the Mayor and Council of the city of Washington, for their kindness and liberality to the members of this Convention, in defraying so large an amount of their expenses for printing and stationery, and also for the officers to protect this hall and the members from intrusion whilst in session, and that the Secretary be requested to communicate the same to said parties.

On motion of Mr. RANDOLPH, the thanks of the Conference were tendered to the clergymen of the city for their services during the Conference.

The thanks of the Conference were also presented to the Secretary and his assistants.

Mr. EWING: I move the adoption of the following:

Resolved, That the thanks of this Convention be tendered
to the President, for the dignified and impartial manner in
which he has presided over the deliberations of this body.

The resolution being seconded by Mr. HACKLEMAN, it was unanimously adopted; whereupon President TYLER addressed the Conference as follows:

“GENTLEMEN OF THE CONFERENCE:

“The labors of this Convention are drawing to a close. Before we separate never in this world to meet again, I am much pleased that the resolution you have just adopted gives me an opportunity of uttering a few words of congratulation and farewell.

“We came together at a most important and critical time. One of the oldest members of the American Union, a commonwealth which had contributed its full share to the honor and glory of the nation having as great interests at stake as any other member of the sisterhood of States summoned you here to consider new additions to our Constitution, which the experience of near three-quarters of a century had taught us were required. I expected from the first that you would approach the consideration of the new and important questions which must arise here, with that patriotism and intelligence which belongs to the descendants of the patriots of the Revolution and the statesmen of the Convention of 1787. I have not been disappointed. In the whole course of a public life, much longer than usually falls to the lot of man, I have been associated with many bodies of my fellow-citizens, convened for legislative or other purposes, but I here declare that it has never been my good fortune to meet with an association of more intelligent, thoughtful, or patriotic men, than that over which I have been here called to preside. I cannot but hope and believe that the blessing of GOD will follow and rest upon the result of your labors, and that such result will bring to our country that quiet and peace which every patriotic heart so earnestly desires. I thank you most sincerely for that kindness and partiality on your part which induced you to call me to the honorable position of your presiding officer, and for the courtesy so uniformly extended in the discharge of the responsible duties of that position.

“Gentlemen, farewell! I go to finish the work you have assigned me, of presenting your recommendations to the two Houses of Congress, and to ask those bodies to lay your proposals of amendment before the people of the American Union. Although these proposals are not in all respects what I could have desired although I should have preferred the adoption of those recommended by the Legislature of Virginia, because I know they would have been acceptable to my own constituents, still it is my duty to give them my official approval and support. It is not to be expected that entire unanimity of opinion should exist among the representatives of so large a population, and so many diversified interests, as now comprise the Republic of the United States. It is probable that the result to which you have arrived is the best that under all the circumstances could be expected. So far as in me lies, therefore, I shall recommend its adoption.

“May you have a happy and safe return to your constituents and your families! May you all inculcate among your people a spirit of mutual forbearance and concession; and may GOD protect our country and the Union of these States, which was committed to us as the blood-bought legacy of our heroic ancestors!”

Mr. WICKLIFFE: I move that the Convention do now adjourn, its labors having come to an end; and I would suggest that the delegates meet informally and take leave of each other at three o’clock this afternoon.

Mr. BROWNE moved that the Conference adjourn without day, and his motion was adopted by the following vote:

AYES. Delaware, Illinois, Kentucky, Maryland, New Jersey,
Ohio, Rhode Island, Tennessee, and Vermont 9.

NOES. Connecticut, Indiana, Missouri, North Carolina, and
Pennsylvania 5.

And the Conference adjourned without day.