mnp ^SliSEP 1 k L Class _ /r^^ Book 7WS4t SMITHSONIAN DEPOSIT f TlTill^OrtT KENTUCKY COMMISSIONERS TO THE LATE PEACE CONFERENCE HELD AT WASHINGTON CITY, MADE TO T[[K LEGISLATURE OF KEXTLCKY. FRANKFORT, KY.: rrilKTED AT THK V K M A N OFFICE, JNO. B. MAJOR, STATE PRINTER. 18G1. ,.^^i3 '-(Aw MAJOKITY KErORT. Washington, February 28, 1861. To His Excellency, Bcriali Magoffin, Governor of Kentucky: The undersigned, Commissioners appointed ])y a resolution of the General Assembly of the Commonwealth of Kentucky, to meet such Commissioners as might be appointed by the several States in accord- ance with the request of the State of Virginia, to confer together upon the present condition of our country, respectfully report. That they assembled in the city of Washington on the 4th inst., twenty-one States being represented, and continued in session until the ■27th inst., and finally agreed on the inclosed printed propositions as a basis of settlement and pacification. The journal of our proceedings, as soon as completed and printed, will be transmitted as part of this report. Respectfully, JAMES GUTHRIE, C. S. MOREHEAD, JOSHUA F. BELL, C. A. WICKLIFFE. p. S. — It is proper to remark, that before this report was written and signed, two of the Commissioners, Hon. J. B. Clay and Gen. Butler, had left the city. REPORT OF COMMITTEE. ARTICLE 13. SectioxI. 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 degrees 30 minutes north latitude, involuntary servitude, except in punishment of crime, is prohib- ited 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 terri- tory 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 L'nited States, according to the laws or usages of the State from which such persons maybe taken, nor to impair tlie 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 terri- tory north or south of said line, within such boundary as Congress may prescribe, shall contain a population required for a member of Con- gress, according to the then federal ratio of representation, it shall, if its form of government be republican, be admitted into the Union on 4 PEACE CONFERENCE REPORT. 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 ibr 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 con- trol, 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 own- ers 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 ser- vice 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 per- sons 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 througli the action of their judi- cial 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 jthe 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 sec- tion 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 amend- ed or abolished without the consent of all the States. Section 7. Qongress shall provide by law that the United States shall pay to the ov^aier the full value of his fugitive from labor, in all cases whei-e the marshal, or other ofiicei', whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, alter 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. PEACE CONrEUFNCE REPORT. Franki-okt, March 20tl), IHGl. To His Excellency, B. Macoffin, Govrrnor of Kcntachj: The undert^igned, having made a brief report to you as Commissioner? from the State of Kentucky, to the Convention of States ast«emhU;d at Washington City, on the' 4th of February last, on the invitation of the State of Virj^inia, and not having it in their power at that time to transmit a journal of their proceedings, beg leave now to do so. It came to hand to-day, and we avail ourselves of the earliest moment to submit it to your Excellency, and through you to the Legislature. From this document it will be perceived that the Crittenden propo- sitions, as modified by the suggestions of Virginia, were offered and failed to be passed, the original propositions of Mr. Crittenden were afterwards offered and iikev^ase failed In both instances Kentucky / voted as an unit in favor of the propo.-^itions. These having failed, the propositions heretofore transmitted to you were passed, and it may not be improuer to give some explanations of the sections adopted. The resolutions of Virginia suggested the amendments of the Con- Btitution proposed by Mr. Crittenden, with additions proposed by that State, as the basis of the action of the Conference of States in their efforts to adopt some plan to restore harmony to a divided country and to preserve the Union. It will be i)roper here to state what were the leading provisions of Mr. Crittenden's proposed amendment, and also to state the amendment of the Constitution proposed by the Conven- tion of States. Upon the territorial question, the amendment of Mr. Crittenden pro- vides, that "in all the territory now or hereafter to be acquired north of latitude 36 deg. 30 min., slavery or involuntary servitude, except as^ a punishment for crime, is prohibited ; while in all territory south of that line slavery is hereby recognized as existing, and shall not be in- terfered with by Congress, but shall be protected as property by all the departments of* the territorial government during its continuance ; all the territory north or south of said line, within such boundaries as Congress may prescribe, when it contains a population necessary for a member of Congress, with a llej)ublican form of goverment, shall be admitted into the Union on an equality with the original States, with or without slavery, as the Constitution of the State shall prescribe." The corresponding section of the amendment proposed by the Con- ference of the States upon the same subject is as follows : " In all the present territory of trie United States, north of the parallel of 3« deg. 30 min. north latitude, involuntary servitude, except as punishment of crimes, shall be prohibited. In all the present territories south of that line, the status of persons held to involuntary servitude 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 in the States of this Union to said territory, nor im- pair any rights arising from said relation; but the same shall be subject to the judicial cognizance of the Federal courts, according to the course of the common law ; " the latter clause of wliich provides for the admission into the Union, in such convenient territory as Con- 6 PEACE CONFERENCE REPORT. gress may provide, States with or without slavery, as their Constitution may provide, when the population shall be equal to the ratio of representation in Congress, shall be admitted into the Union. The only substantial difierence between the two sections, that of Mr. Crittenden and the Convention of States, is, that the section of the Conference does not provide for a division of future acquired territory. This provision was objected to by many of the States represented, because they believed the present boundaries and territory of the United States were large enough ; they did not wish to place in the Constitution a section which presented to the world that we were pre- paring our Government with power to make aggressions upon the territory of our- neighbors. It was believed that to insist upon this proposition, which may never be called into action, would prevent the harmonious settlement of the difficulties now existing between the two sections of the United States. We believe it would be regretted by every patriot if any honest and peaceful settlement of our present difficulties should be prevented, by insisting upon a provision dividing territory that the United States did not own, and may never acquire. With this exception, the prop- osition to divide the territory is the same in the amendment proposed by the Convention and by Mr. Crittenden's proposition. There is a difference of language, in some respects, betvi^een the two sections, but they both mean the same thing; that is, African slavery. The resolution of Mr. Crittenden declares that slavery or involuntary servi- tude shall not exist north of 3G deg. 30 min., while in all the territory south of that line, " slavery is hereby recognized as existing." The section of the Conference employs the ^language of the present Constitution, the same language as is used in the ordinance of 1787 to express the same idea, which does mean, and has been held by the leg- islative, judicial, and executive departments of the Government to mean, African slavery and property in the same. The Representatives from the free States preferred the language employed in the Constitu- tion, to which we could see no just objection ; nor can there be any valid objection to the language employed in this section of the amend- ment. The expressions used in Mr. Crittenden's section, " that slavery is hereby recognized as existing south of that line," was objected to by some, as it might be construed it meant to establish slavery in the ter- ritory by a constitutional provision. To obviate all difficulty, and remove all excuse for voting against this section of the Conference by those who manifested a desire to co-operate with the Southern States, the original proposition was amended in its language, and the section ma le to read, " that the status of persons held to involuntary service or labor, as it now exists, shall not be changed by any law of Congress or the territory." It may be well here to state what is the status of persons held to involuntary service or labor in all the territory of the United States south of 36 deg. 30 min. By the law of New Mexico, which covers the whole of the territory south of that line, African slavery exists by territorial enactment, protected by the Constitution of the United States. PEACE CONFERENCE TtErORT. t The laws of the Territory protect the ri,u:ht of the owner; jtrovidr remedies, eivil and criminal, I'dji: injuries or violation of .such right, as completely and as eiiectually {i|s it is protected in the .State of Ken- tucky. This right, as it now exists, and the right to lake slaves into that territory, shall not be impaired or changed by Congress, or the laws of the territory. If, after the adoption of this clause as a part of the Constitution, the territorial legislature should repeal its laws, or there should be a change of the decision in the Dred Scott case, the right and interest of the master in his slave would not and could not be impaired. It was thought by some that a territorial legislature might repeal the statutes furnishing the rcunedies now existing for the rights and protection of the owners of slaves, under the idea that it would not be a violation of the right or interest of the owner. The provision was added that the same — that is, the right in and to the slave, and for in- juries — should be subject to the official cognizance of the Federal Courts, according to the course of the connnon law. it was believed that all intelligent minds, nay, any person of ordinary capacity, \t^ould comprehend the true meaning of this portion of the section. By some who are opposed to all adjustment of our present national difficulties, the meaning of this clause has been perverted. It is chai'ged that the South has only secured to her such interest in African slavery as the common law recognizes; and as the common law tloes not recognize slavery in man, the provision is useless. Such objections do not dis- criminate between right and remedy. Slavery, as it now exists by law in New Mexico, is recognized, and is not to be impaired by law; and if the right be interfered with by others, if the territorial law has not furnished a remedy, the injured owner is remitted to that common law which provides an adequate remed}' for every wrong committed upon person or property. To charge that the section refers the master to the common law as giving or establishing his right to a slave, is an imputation upon the intelligence of the members of the Convention North and South, who voted for it. Take the clause as it stands, and the statute of New Mexico : if the clause were adopted as part of the Constitution, then we aver no owner of a slave in Kentucky is vested with a better right, or armed with a better remedy for the protection of that right and the redress of the injury committed upon his slave. The provision is bet- ter, it is more permanent for the protection of slave property in a territory, than the simple constitutional injunction, " that it shall be protected as property by all the departments of the territorial govern- ment." The second section of the amendment proposed by the Conference is in these words : " 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 the States which allow involuntary servitude, and from a majority of the Senators of the States which prohibit the relation. Nor shall territory be acquired by treaty, unless the votes of of the Senators from each of the States hereinbefore 8 PEACE CONFERENCE REPORT, mentioned be cast as a part of the two thirds majority necessary for the ratification of such treaty." This section was proposed and insisted upon by Virginia, and was intended to qualify tlie treaty-making power of thie United States, so as to secure each section against any improper annexation of territory ; and if such majority be obtained, it will be upon an agreement for a fair division between the two sections-^ for settlement and Occupation. The third section of the article agreed to by the Convention is as follows : " Neither the Constitution, nor any amendment thereof, shall be construed to give Congress the power to regulate, abolish, or control, within any State or Territoiy of the United States, the relation estab- lished and 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, w^ithout the consent of Maryland, or without the consent of the owners, or making the owners who do not consent, just compensation ; nor the power to inter- fere with or prohibit Representatives or others from bringing with them to the District of Columbia, retaining and taking away, persons so held to laber or service ; nor the power to inteifere 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 the transportation, by sea or river, of touching at ports, ?h°ores, landings, and landing in case of distress, shall exist; but not the right of transit in or through any State or Territory for 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 ser- vice, than lands. The bringing into the District of Columbia persons held to labor or service for sale, or placing them in depots, to be after- wards transferred to other places for sale as merchandise, is prohibited." This section embraces all of the 2d, 3d, and 4th sections of Mr. Crittenden's amendment, except the latter clause, which proposed to guarantee the right to take slaves through States where slavery does not exi.4. The amendment of the Convention does not embrace this clause ; and the right to do so is left where it has always rested, to the comity of each State. Some of the States where slavery exists, have, by statutes, prohibited the passage or importation of slaves as merchandise, in or through their territory. They have prohibited the importation of slaves by their own citizens, for their own use, from other States. It was deemed that such a provision would be an inva- sion upon the rights of the States, and, therefore, the amendment of the Convention h^l't that question where it has rested ever since the Constitution was adopted. The right thus to transpoi-t any slaves through any State is not embraced by the amendment. This exception applie'< to all the States, slave as well as free. The 4th section is as follows : PEACE CONFERENCE REPORT. 9 " The 3J paragraj)]i of the 2d section of the 4th article ol' the Gon- stituti(Mi shall not be construed to j)revent any of the States, hy appropriate legislation, and through the action of judicial and niinis- tcfial ollicers, from inl'orcing the delivery of fugitives from labor to persons to whom ^uch labor is due." It has been decided l)y the Supreme Court that any law of a State wdiieh provided means and I'urnished aid to the re-capture and leturn of fugitive slaves, was unconstitutional; this section permits States to pass such laws. The 5th section is as follows : " The foreign slave trade is hereby forever prohibited, and it shall be the duty of Congress to pass laws to prevent the importation ol' slaves, coolies, or persons held to service or labor, into the United States and territories, from places beyond the limits thereof." This section ought not to require any explanation ; no one can object to it except such as may desire the re-opening of the African slave trade. We have heard it suggested by some who seem to favor the independence of the seceded States, that upon their becoming independent and alien States, this clause would prohibit the importa- tion of such slaves from these seceded States into the United States. This should be so, else the United States might have their territory flooded by the African i-ace, whenever the Southern Confederacy shall open the xAfrican slave trade. The Gth section prohibits the repeal of any of the guarant<'es in the Constitution, or in this amendment, in relation to slave property, with- out the consent of all the States. The 7th section is as follows : Congress shall provide by law that the United States shall pay the owner full value for a fugitive from labor, in all cases where the marshal or other oflicer, 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 citizens of each State the privileges and immunities of citizens in the several States. This article is substantially the same as Mr. Crittenden's amend- ment. It makes it the duty of Congress to pay the owner the value of the slave, where the marshal shall be prevented by force or intiiuida- tion from executing the law, and where the slave shall be wrested from the owner after he is delivered. It was not necessary to provide in this section that Congress should provide by law how the United States may be indemnilied for such payment. Under this clause, and the section of the Constitution upon the subject of fugitives from labor, the power to pass such laws for the indemnity of the United States against such wrong-doers is plenary and full. The second section of article of the Constitution of the United States now reads : " The citizens of each State shall enjoy the privi- leges and immunities of the citizens of the several States." It gav.e Congress no right to legislate upon the subject; it operates as a pro- hibition to each vState from discriminating against the citizens of othec 2 10 PEACE CONFERENGE REPORT, States, and would make void all such legislation. The clause added to the 7th section of this article, that Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the several States, cannot do more than to make such discriminating laws void, and is therefore harmless. The section of Mr. Crittenden's amendment giving power to Congress to acquire territory in Africa, or South America, for the colonization of free negroes, was not acceptable to the majority of the States. They seem to prefer to leave that question to the Colonization Society, as a subject better and cheaper managed than it would be under the Government of the United States. It is proper to state, that upon the 1st section of the amendment, the vote of the Commissioners of Ken- tucky was not unanimous, nor was it always so upon questions of amxcndments ; but we claim for ourselves what we cheerfully accord to others, an honest and sincere purpose that some measure would be adopted that would give confidence, quiet, and security to the South ; and we regret, that owing to the excited partisan state and condition of members of Congress, both North and South, the shortness of time permitted no fair test by a vote upon the amendment proposed. Although the proposed amendment was not submitted to the States for adoption, the undersigned cannot hesitate to express a confident belief that the border free States'would grant all the guarantees se- cured by the amendment, and they cannot believe that the remaining free States would refuse to do the same whenever the question shall be fairly presented to the people, which they hope may be done by the next Congress when it shall convene. With great respect, yours, &c., C. A. WICKLIFFE, JAMES GUTHRIE, C. S. MOREHEAD, JOSHUA F. BELL. MINORITY REPORT. To His Excellency, Bcriah Magajfui, Governor of Kenliicky: The iindersi2;ne(l, two of the Commissioners appointed by resolution of the General Assembly of the Commonwealth of Kentucky, to meet such Commissioners as might be appointed by other States, in accord- ance with the request of the State of Virginia, to confer upon the unfortunate condition of our country, not having had an opportunity to unite with their co-commissioners in the report which they understand they have made, although they remained in the city of Washington a full day after the adjournment of the Convention for the purpose of Joining with them in a proper report to your Excellency, feel it due to themselves, and respectful as well as due to the General Assembly*, that they shall make this their separate report. The undersigned felt themselves bound, for the guidance of their action in the Convention, to regard in some degree the 4th resolution of the General Assembly which they beg here to quote : Resolved, That in the opinion of the General Assembly of Kentucky, the propositions embraced in the resolutions presented to the Senate of the United States, by the Hon. John J. Crittenden, so construed that the first article proposed as an amendment to the Constitution of the United States shall apply to all the Territory of the United States now held or hereafter acquired south of latitude 36 deg. and *J0 min., and provide tha.t slaveiy of the African race shall be efTectually protected as property herein during the continuance of the territorial govern- ment ; and the fourth article shall secure to the owners of slaves the right of transit with their slaves between and through the non-slave- holding States and Territories, constitute the basis of such an adjust- ment of the unhappy controvers}' which now divides the States of this Confederacy, as would be acceptable to the people of this Common- wealth. They conceived that this resolution set forth clearly the opinion of the General Assembly, as to what adjustment would be acceptable to the people of Kentucky, and at the same time negatived the idea that the resolutions of Mr. Crittenden would be acceptable, unless con- strued in the manner set forth in the resolution. Whilst they did not consider it to give them positive instruction, they did not feel them- selves to be at liberty to depart altogether from the wishes of the State, so solemnly announced by the representatives of its people. The undersigned have delayed making their report until the present time, in the hope of being able to append to it, as a part thereof, the journal of the Convention, which would have shown ever}' proposition made, with the vote by States upon such as were brought to a vote. They regret that although a committee was appointed for the express purpose of superintending the printing of said journal, they have not 12 PEACE CONFEEENCE REPORT. as yet received a copy of it, and that their report is more incomplete than they would have desired to have made it. The Convention assembled in the city of Washington on the 4th of February, and continued its sessions until the 27th of that* month, when it adjourned siiie die. Before the final adoption of the proposed amendments to the Constitution, twenty-one States v/ere present by their delega,tes in Convention. A Committee on Resolutions, consist- ing of a member from each State, was appointed, to whom was refer- red various propositions of adjustment. That committee finally report- ed, as the result of its deliberations, a proposition to amend the Consti- tution by a 13th article, consisting of 7 sections, a copy of which, marked A, is filed as a part hereof. Notice of various substitutes for the report of the committee was given, but it was claimed and conceded that before a vote upon any substitute could be taken, the report of the committee should be amend- ed and perfected in convention. Many amendments were proposed ; upon some of them, the under- signed were so unfortunate as to differ from the opinion of the majority of their co-commissioners who cast the vote of the State. To one or two of the more important of them they Avould briefly call attention. A motion was made by Gov. Reid, a delegate from North Carolina, to amend the 1st section of the series, by inserting at the end of the clause, " and in all the present territory south of said line," the 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, ivhcn removed to such territory, shall be protected and. ''^ This amendment received the votes of but three States — Virginia, North Carolina, and Missouri. Seventeen States voted against it, Kentucky being one of them. From this vote the undersigned caused their dissent to be recorded. A motion was made by Mr. Seddon, a delegate from Virginia, to amend the 3d section of the series, by inserting at the end of the clause, "and the right during transportation of touching at ports, shores, and landings, and of landing in case of distress, shall exist," the words, " and if the transportation shall be by sea, the right to persons held to service or labor shall be pi^otccted by the Federal Government as other property.'''' This amendment was lost, Kentucky voting against it, from which vote the undersigned caused their dissent to be recorded. The entire first section of the report of the committee was stricken out. In lieu thereof, a proposition made by Mr. Franklin, a delegate from Pennsylvania, was adopted. This proposition is the first section upon the paper marked B. One of the undersigned (Mr. Clay) proposed, as an additional section to the report of the committee, a proposition to construe the second paragraph of the second section of the fourth article of the Constitu- tion, so that no State shall have the power to judge and determine what was treason, felony, or other crime, by the laws of another State, but that a person charged with treason, felony, or other crime in one State, who should flee from justice and be found in another State, should, on demand of the Executive authrritv of the State from which PEACE CONFERENCE REPORT. 13 he fled, be delivered up, to he removed to the State having jurisdiction of the crime. This amciuhuent was lo^t; a hirj^e majority voting againtft it. Amendments too numerous to set forth in the limits of a report, were offered and voted upon. Finally, the report of tlie committee was i)erfected, and is tiled herewith as a part hereof, marked B. Substitutes for the report of the committee, as amended and per- fected, being now in order: among others, Mr. Seddon, of Virginia, offerred the anumdments to the Constitution, known as the Crittenden resolutions, with such additions and amendments as were asked by Virginia, (in substance, the same as those set forth in the resolutions of the General Assembly of Kentucky.) This substitute v as rejected by a large majority — receiving the votes of only a fev ►jtates. One of the undersigned (Mr. Clay) then ofiered as a substitute for the report of the committee, the amendments to the Constitution, known as the Crittenden resolutions, without the crossing a "t" or dot- ting an "i." This substitute was rejected — 1(5 States voting against it, and only 5 States voting for it. All substitutes having been rejected, the perfected report of the committee\B) came up in order. Upon it, the votfe of t^ie convention was taken by sections. On the first vote upon the first section, it was rejected by the votes of 11 States to 8. The convention adjourn- ed until the next morning ; when this vote was reconsidered. The seven sections of the report were then passed by the convention. Upon the first section, the vote stood, 9 States for, 8 States against. Four Southern States out of seven, and five Northern States out of fourteen, voting for it — Virginia and North Carolina both against it. The second section w^as passed — 11 States voting for it, 8 States against it. The third section was passed — 12 States voting for it, 7 States against it. The fourth section was passed — 15 States voting for it, 4 States against it. The fifth section was passed — lt> States voting for it, 5 States against it. The sixth section was passed — 11 States voting for it, 9 States against it. The seventh section was passed — 12 States voting for it, 7 States against it. The vote of Kentucky was cist by the majority of her commissioners in favor of every section of the seven. After the passage of the i-eport by sections, a vote was demanded upon it as an entirety, but was ruled to be out of order. The undersigned could not agree w4th their co-commissioners in casting the vote of Kentucky for the several sections of the proposed amendment to the Constitution, as adopted by the convention. They believed that the amendment, a.s a permanent settlement of the (jues- tions which have so unhappily divided the Northern and Southern sections of the United States, would prove wholly ineliectual, and that instead of providing securities and guarantees for the rights oi 14 PEACE CONFERENCE KEPORTo the South, as they are believed now to exist under the Constitution and laws, involved a surrender of most important rights, and furnished adequate security to none. They propose to give briefly their reasons for this opinion. The first section undertakes to settle the territorial question by divid- ing all the present territory of the United States by a line upon the parallel of 36 degrees 30 minutes, north latitude; and provides that north of that line involuntary servitude, except in punish.ment of crime, shall be prohibited ; whilst south of that line the staiius of persons held to involuntary service or labor as it now exists, shall not be changed. What is the present extent of the territory of the United States ; and what is its siulvs respecting persons held to involuntary service or labor ? The present territory of the United States, including G7,020 square miles held by the Cherokee Indians, under treaty grant, amounts to 1,287,277 square miles. By the southern construction of the decision of the Supreme Court, in the case of Dred Scott, into every foot of this vast territory persons held to involuntary service or labor may now be taken ; and south of the line 36 degree's 30 minutes, the terri- torial law of New Mexico also permits it. The first section of the amendment proposes to take from the people of the South the right to carry persons held to involuntary service or labor into any of the ter- ritory north of 36 degrees 30 minutes ; that is to say, forever to exclude such persons from 1,021,307 square miles of the teriitory of the United States ; whilst it merely concedes the right, which they believe they ali'eady have as to the whole, to take such persons into 205,970 square miles of the territory— about one fourth of the whole. Would this be concession to the South, or to the North? . But as to the status of the territory south of 36 degrees and 30 min- utes, in respect to persons held to involuntary service or labor ; what is it? The right to take such persons into said territory rests, first, upon the decision of the Supreme Court in the Dred Scott case. Second, upon the territorial law of New Mexico, which territory embraces all south of 36 degrees and 30 minutes, except 50,290 square miles of the Cherokee treaty grant, where slavery now exists. It is well known that a very large portion of the people of the North, as well as many of the South, maintain that the decision of the Supreme Court in the case of Dred Scott, so far as it relates to the question of slavery in the Territories, is no decision at all; simply obiter dictn,wh.ich does not settle the law upon the subject. That such is the opinion of the present Chief Magistrate is clear from his late inaugural. It is also avowed b}^ the dominant party, that it is their intention to remodel the Supreme Court, and to have that decision reversed. If, then, the Dred Scott decision does not correctly declare the law, or if it be reversed, in either case, so far as the status of the Territory rests upon it, it would be free and not slave. The Dred Scott case no longer to be relied on as fixing a slatns of slavery, we should be thrown altogether upon the territorial law of PEACE CONFERENCE REPORT. 15 New Mexico. But it is scarcely necesj=ary to observe that a large poi tion of the American people believe that a Territorial Legiijlature has no power to pat^s laws either to introduce or to prohibit slavery in the Territories. Should the territorial law of New JMexico be hereafter decided to be void, the Dred Scott deci.sion either no decision at all, or reversed, the sktlus of even that small portion of the territory of the United States, 205,970 square miles out of 1,287,277 square miles, would be Jree and not slave. What protection is proposed to be given to slave property south of the line 3(5 degrees and 30 minutes? The section merely provides, that neither Congress nor the Territorial Legislature shall pass any law to hinder or prevent the taking of persons held to involuntaiy servic* or labor to the Territory, nor to impair the rights arising from said relation; but the same (Me 7-ights) shall be subject to judicial cogni- zance in the Federal Courts, according to the course of the common law. What is the course of the common law in the remedies it alfords to infringement upon the rights of property in slaves? Is it clear, unmistakable, not liable to misconstruction, especially when administered by judges unfriendly or adverse to the institution of slav- ery? Would the opinion, for example, of the distinguished Governor of New York, who now holds so high a place in the Cabinet, that a slave, not being a free man, could not under the common law be kid- napped, and that, therefore, there is no common law remedy for kid- napping a slave, be followed? Is this such protection for the right of property in the territories as Kentucky seeks as further security and further guarantee ? How vain ! How delusive ! The proposi- tion was but a miserable attempt to withdraw from the institution of slavery in the territories the protection of the Constitution and the Federal laws, and to have its only security to depend upon the vague and uncertain remedies of the common law. If there had been no other objection to it, the first section of the amendment proposed by the Peace Conference, which received only the votes of four slave States out of seven, and five free States out of fourteen, was too doubtful in meaning, too liable to misconstruc- tion — different constructions having been given to it even in the con- vention which passed it — to allow the undersigned, in justice to Ken- tucky, to vote for it as a measure of final adjustment. The .undersigned objected to the second section, because, crippling present rights, it rendered the future acquisition of any territory what- ever — Cuba, or any other, no matter how important and desirable — almost impossible. They objected to the third section because it failed to secure the right of transit, but left it in the power of any State or Territory to pre- vent the same. For example, placing it in the power of Illinois by Constitutional' provision, if she chose to exercise it, to prevent the slaveholder of Kentucky from passing through that State with his slave property, on his way to Missouri or the South. They olyected to the 5th section, because, whether by constitutional right, or by revolutionary right, tlie so-called Southern Confederacy, being beyond the limits of the United States, or if not now beyond 16 PEACE CONFERENCE REPORT. said limits, certainly to be so as soon as said Confederacy shall be re- cognized, it is made the duty of Congress, by the last clause of the section, to pass laws to prevent our friends and brothers, now residing within the limits of that Confederacy, from returning with their slaves to Kentucky ; the passage of which law's would inevitably lead to retaliatory laws by the Southern Confederacy against the introduction of slaves from Kentucky into their territory. They objected to the Gth section, because it proposed to make the 1st, 3d, and 5th sections, amendments to the Constitution virtually unal- terable. They objected to the 7th section, because it proposed that any citizen of a slave State, who should lose his fugitive slave, by reason of mob, riotous assemblage, or rescue after arrest, should him.self pay a part of his own loss, whilst every other citizen of a slave State should pay a part thereof, thus oflering a bonus to deprive the people of the South of their property, and in effect by providing that the fugitive, having been thus paid "for, shall thereafter be free, to constitute the United States government a grand Emancipation Society. The undersigned have felt it to be proper thus to set forth the reasons which caused them to oppose the amendment to the Consti tution, which met the approval of the Peace Convention and of their co-Commissioners. After the adoption of a preamble to the proposition of the Con- vention, the President was requested to cause the same to be presented to the two Houses of Congress, which was accordingly done, aud- its fate in that body is known to the country. Before the final adjournment of the Convention, resolutions against the right of secession by a State from the Union, and in favor of such right, were proposed but not entertained. The following resolution was also proposed but not entertained by the Convention ; its mover, however, asked and obtained leave to have it spread upon the journal: 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 relations 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 Con- federacy of States; yet to the end that such return may be facilita- ted, 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 he maintained by force, we deprecate any eiiort by the Federal Government to coerce in any form the said States to re- union or submission, as tending to irreparable breach, and leading to incalculable ills; and we earnestly invoke the abstin'ence from ail counsels or measures of compulsion towards them. In conclusion, the undersigned will only add, that as Commissioners to the Convention at Washington, they were actuated, throughout it.s entire deliberations, by the single and sole desire of bemg in some de- gree instrumental to the restoration of confidence between the divided PE.VrR CONFERENCE REPORT. 17 sections of the country, and ofbringin;?^ about a recon^struction of that once happ3' Union bequcatlied to us by our father?. They n'grct most sincerely to have to say that they have returned home with abated co7itidence and diminished hope of satisfactory adjustment. Should the journal of the Convention be hereafter received, it will be forwarded to your Excellency, to be laid before the General Assem- bly. The undersigned have the honor to be, with great respect, Your obedient servants, WILLIAM O. BUTLEIl.l ^, . . JAMES B.CLAY, ] ^Commissioners . Frankfort, March 19th, 1801. APPENDIX A. REPORT OF COMAUTTEE. ARTICLE 13. Sectio.v 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 degrees 30 minutes north latitude, involuntary servitude, except in punishment of crime, is pro- hibited 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 involun- tary 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 represent- ation, 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 oX the Senate. Section 3. Neither the Constitution, nor any amendment thereof, shall be construed to give Congress power to regulate, abolish, or con- trol, 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 owner.-^, or making the own- 3 18 PEACE CONFERENCE RErOllT. ers who do not consent jnst 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 inteifere with or abolish involuntary ser- Yicc in places under the exclusive jurisdiction of the United States within those States and Territories where the same is established of recognized; n(jr 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 thei eof where it is established or recognized by law or usage, and the right during transportation of touching at ports, shores, and landings, a^nd of landing in case of distress, shall exist. Nor shall Congress have power to authorize any higher rate of taxation on per- sons bound to labor than on land. Sfxtion 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 fugi- tives 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 sec- tion six of these amendments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph ©f the second section of the fourth article thereof, shall not be amend- ed 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 eases where the marshal, or other ofHcer, whose duty it was to arre.st 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. APPENDIX B. REPORT OF COMMI'ITEE. ARTICLE 13. Section 1. In all the present territory of the United States, north of the parallel of 36 degrees and 30 minutes of north latitude, involun- tary 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 PEACE CONFERENCE REPORT. 19 Congress may prescribe, shall contain a population equal to that required for a member of Congrerfs, it shall, if its form of government be republican, be admitted into the Union on an etjual foolin;^ with the orijLj:inal States, with or without involuntary servitude, an tlic con- Btitution of such State may provide. Section 2. A'o 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 nuijority 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 ai a part of the two-third majority necessary to the ratification of such treaty. Section 3. Neither the Constitution, nor any amendment thereof shall be construed to give Congress power to regulate, abolish, or con- trol, 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 w^ithout the consent of Maryland and without the consent of the owners, or making the own- ers who do not consent just compensation; nor the power to interfere with or prohibit representatives and others from bringing with tluMii to the city of Washington, retaining and taking away, persons so bound to labor or service; nor the power to interfere with or abolish invol- untary service in places under the exclusive jurisdiction of the United States within those States and Territories where the same is establish- ed or recognized ; nor the power to prohibit the removal or transporta- tion 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, but not for sale or traffic, shall exist. Nor shall Congress have power to authorize anj higher rate of taxation on persons held to labor or service than on land. The bringing into the District of Columbia 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 ; and the right of transit through any State or Territory against its dissent is proliib- ited. 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 judi- cial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due. Section 5. The foreign slave trade is hereby forever prohibited;, and it shall be the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor, iato- 20 PEACE CONFERENCE KEPORT. the United States and the Territories from places beyond the limits; thereof. Section 6. The first, third, and fifth sections, together with this section six of these amendments, and the third paragraph of the second aection of the first article of the Constitution, and tiie third paragraph of the second section of the fourth article thereof, shall not be amend- ed 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 like violence or intimidation, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of such fugitive ; and the acceptance of such payment shall preclude the further claim of the owner. Congress shall provide by law for securing to the citizens of each State the privileges and immunities of the several States. PROCEEDINGS CONFERENCE CONVENTION. Washington, February ith, 1861. A number of Commissioners assembled at Willards' Concert Hall, in consequence of the following preamble and resolutions adopted by th» General Assembly of Virginia, January the 19th, 18G1 : Whereas, It is the deliberate opinion of the General Assembly of Virginia, that unless the nnhappy controversy, wliich now divides the States of this confederacy, shall be satisfactorily adjusted, a permanent dissolution of tlie Union is inevitable ; and the General Assembly, repre- lenting the wishes of the people of the Commonwealth, is desirous of employing every reasonable means to avert so dire a calamity, and determined to make a final effort to restore the Union and the Constitution, in the spirit "in which they were established by the fathers of the Republic : therefore, Resolved, That on behalf of the Commonwealth of Virginia, an invitation is hereby extended to aUsuch States, whether slaveholding or non-slaveholding, as are willing to unite with Virginia in an earnest effort to adjust the present unhappy controversies, in the spirit in whicli the Con- ■titution was originally formed, and consistently with its principles, so as to aflbrd to the people of the slaveholding States adequate guarantees for the security of their rights, to appoint com- missioners to meet on the 4th day of February next, in the City of Washington, similar commis- lioners appointed by Virginia, to consider, and if practicable, agree upon some suitable adjust- ment. Rrsohcd, Tliat ex-President John Tyler, William C. Rives, Judge John W. Brockenbrougli, George W. Summers, and James A. Seddon, are hereby appointed commissioners, whose duty it shall be torepCir to the City of Washington, on the day designated in the foregoing resolution* to meet such commissioners as may be appointed by any of the said States, in accordance with the foregoing resolution. Resolved, That if said commissioners, after full and free conference, shall agree upon any plan •f adjustment requiring amendments to the Federal Constitution, for the further security of the rights of the people of the slaveholding States, they be requested to communicate the proposed amendments to Congress, for the purpose of having the same submitted by that body, according to the forms of the Constitution, to the several States for ratification. Rcsohcd, That if said commissioners cannot agree on such adjustment, or if agreeing. Con- gress shall refuse to submit for ratification such amendments as may be proposed, tlien the conv- missioncrs of this State shall immediately communicate the result to the executive of this Com- monwealth, to be by hiiu laid before the convention of the people of Virginia and the General Assembly : provided, that the said commissioners be subject at all times to the control of the General Assembly, or, if in session, to that of the State Convention. Resolved, That in the opinion of the General Assembly of Virginia, the propositions embraced in the resolutions presented to the Senate of the United States by the Hon. John J. Crittenden, 22 PEACE CONFERENCE REPORT. fo modified as that the first article proposed as an amendment to the Constitution of the United States shall apply to all the territory of the United States now held, or hereafter ac(iuir(.d, South of latitude thirty-six degrees and thirty minntes, and provide that slarery of the African raca shall be effectually protected as property therein during the continuance of the territorial gov- ernment, and the fourth article shall secure to the owners of slaves the right of transit with tlieir slaves between and through the non-slaveholding States and Territories, "constitute the basis of such an adjustment of the unhappy controversy which now divides the States of this confederacjc, as would be accepted by the people of this Commonwealth. Resolved, That ex President John Tyler is hereby appointed, by the concurrent vote of each branch of the General Assembly, a commissioner to the President of the Unired States, and Judge John Robertson is hereby appointed, by a like vote, a commisssioner to the State uf South Carolina, and the other States that have seceded or shall secede, with instructions respectfully to request the President of the United States, and authorities of such States, to agree to abstain, pending the proceedings contemplated by the action of this General Assembly, from any and all acts calculated to produce a collision of arms between the States and the Government of tha United States. Resolved, That copies of the foregoing resolutions be forthwith telegraphed to the execntivea of the several States, and also to the President of the United States, and the Governor be re- quested to inform, without delay, the commissioners of their appointment by the foregoing rcso- Ititions. A copy from the rolls. . WM. F. GORDON, Jr., C. H. D. 4- K. R. of Va. Mr. Morehead, of Kentucky, called the meeting to order, and moved •that Mr. J. C. Wright, of Ohio, be appointed temporary chairman ; to b© followed by the appointment of a committee, consisting of a member from each delegation, to be named by such delegation, Avho should recommend officers for a permanent organization, and should also report rules for tha government of tlie body. The motion to appoint Mr. Wright was thereupon put and unanimously earried. Upon being conducted to the chair by Mr. Meredith, of Pennsj'lvania^ and Mr. Chase, of Ohio, Mr. Wright made a brief address explanatory of the object of the meeting, and expressed a hope and belief, that, as the delegates present from the several States had assembled under the influence of the most friendly feelings, if they carried those feelings into an exami- nation of the difficulties which surround the country-, the result would ba a success, earnestly to be hoped for by every lover of his country, so ag to establish the Union, according to the spirit of the existing Constitution ©f the United States. On motion, Mr. Benjamin C. Howard, of Marj'land, was appointed Sec- retary. The following States responded to the call of their names — the list of delegates to be handed in to-morrow: New Hampshire, Rhode Island, Xcw Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Kentucky, Ohio, and Indiana. Mr. Meredith, of Pennsylvania, then renewed the motion for the ap- pointment of a committee as above mentioned, which ^\as carried, and the following members named hy their respective delegations, viz: New Hampshire, Amos Tack ; Ehode Island, William W. Hoppin ; New Jersey, Joseph F. Randolph ; Pennsj^lvania, Thomas E. Franklin; Dela- ware, George B. Eodney ; Maryland, John W. Crisfield ; Virginia, William C. Rives; North Carolina, Thomas Riilfin; Kentuek}^, Charles A. Wick- liffe; Ohio, Reuben Hitchcock; Indiana, Godlove S. Orth. On motion, the Convention adjourned until to-morrow, at twelva o'clock. B. C. HOWARD, Secretary. PEACE CONFEKENCE BEPOKT. 23 Wasuinoton Crrv, Frhruanj 5, IRGl. The Convention was called to order pursuant to adjournnient, l»v' Mr. Wrii^ht, Pi-osident pro fan. Tiie journal of juxx'oedin^-.s of ^yesterday was read and ai)})roved. Mr. Thomas E. Franklin, of Pennsylvania, moved that a committee of five he appointed by the President, to wlioni the credentials of members t^hould be submitted and reported on, v,diich was carried. The President thereu])on appointed as said committee; Mr. Summers, of Virginia. Mr. G\ithrie, of Kentucky. Mr. Morehead. of North Carolina, Mr. Smith, of Indiana. Mr. Franklin, of Pennsylvania. Mr. Wickliffe, of Kentucky, from the Committee on Organization, made ii report, Avhich was read. Mr. Clay, of Kentyeky, moved to strike out for the pi'esent, and for further consideration, the report which relates to the proceedings of the Convention. This motion gave rise to a debate, pending which a division of the re- port was called for; whereupon it was moved that the Convention proceed to consider the following part of the report of the committee, relating to officers for the permanent organization of the Convention, as follows : •Tlie committee to whom was referred the ?ul)ject of the orpnnization of the Convention make the follovvinp; report : They recommend thfit the permanent officers of tlie Convention be a Presi- dent and Secretary, and that tlie Secretary have lea\e to appoint a'sistiints, not exceeding two, to assist him in the discharge of liis duties. Thocomauttee report, for President, John Tyler, of Virginia ; Stcretary, Crafts J. Wright, of Ohio. Thereupon it wtus moved and, unanimously agreed, that this part of the report be accepted, and the officers designated be appointed. The President pro tern, appointed 3Ir. Ewing, of Ohio, and Mr. Meredith^ of Penns^dvania, to conduct President Tjder to the chair. President Tyler, on taking his scat, proceeded to address the Conven- tion : Gentlemen : I fear you have committed a great error in appointing me to the honorable posi- tion you liave assigned me- A long separation from all deliberative bodies lias rendered tha rules of their proceedings unfamiliar to nie,\vliilo I should find in my own state of liealth, variable and fickle as it is, sufficient reason to decline the honor of bi ing your presiding officer. But, in times like these, one has but little option left him. Personal considerations .should weigh but lightly in the balance. The country is in danger ; it is enough. One must take the phice as- signed iiim in the great work of reconciliation and aeljustment. The voice of Virginia has invited her co-States to meet her in council. In the initiation of this Government thit same voice was heard and complied with, and the results of seventy odd years have fully attested the wisdom of the decisions then adopted. Is (he urgency of her call now less great tlian it was then ? Our godlike fathers created; we have to preserve They built up tlirough their wisdom and patriotism monuments which have eternized their names. You have before you, gentlemen, a tisk equally grand, equally sublime, quite as full of glorj and immortality. You have to snatch from ruin a great and glorious Confederacy, to preserv* the Government, and to renew and invigorate the Constitution. If you reach the hei'jhf of this great occasion your children's children will rise up and call you blessed. I confess my -elf to ti* ambitious of sharing in the glory of accomplishing this grand and magnificent result. To have our names enrolled in the c ipitoi, to be repeated by future generations with grateful applause, this is an honor higher than the mountains, more enduring than the monumental alabaster.^ Ye^, Virginia's voice, as in the olden time, has been heard. Her sister States meet her this day at the council board. Vermont is here, bringing with her the memories of the past, and reviv- ing in the memories of all her Et'ian Alien and his dcm md for the surrender of Ticonderoga in the nime of the Great Jehovah and the American Congress. New H.imp-hire is here, her fame illustrated by memorable annals, and stdl more lately as the l)irth place of liim who won for him-elf the name of Defender of the Constitution, and who wrote that letter to John Taylor which has been enshrined iu the hearts of his countrymen. Massachusetts is not here. [Some 24 PEACE CONFERENCE REPORT. member said she is coming.] I hope so, said Mr. Tyler, and that she will bring with her her daughter, Maine. I did not believe it could well be that the voice which in other times was so fantiiliar to her ears had been addressed to her in vain. Connecticut is here, and she comes, I dr.ubt not, in the spirit of Roger Sherman, whose name with our very children has become a housL'liold word, and who was in life the embodiment of that sound practical sense which befits the great lawgiver and constructor of governments. Rhode Island, the land of Roger Williams, is here, one of the two last States, in her jealousy of the public liberty, to give in her adhesion , to the Constitution, and among the earliest to hasten to its rescue. The great Empire State of New York, represented thus far but by one delegate, is expected daily in fuller force to join in the great work of healing the discontents of the times and restoring the reign of fraternal feel- ing. New Jersey is also here, with the memories of the past covering her all over. IVenton and Princeton live immortal in story, the plains of the last encrimsoned with the heart's blood of Virginia's sons. Among her delegation I rejoice to recognize a gallant son of a signer of the immortal Declaration which announced to the world that thirteen Provinces had become tliirteen independent and sovereign States. And here, too, is Delaware, the land of the Bayards and the Rodneys, Avhose soil at Brandywine v^as moi-tened by the blood of Virginia's youthful Monroe. Here is Maryland, whose massive columns vtheeled into line with those of Virginia in the contest for glory, and whose State-house at Annapolis was the theater of a spectacle of a successful commander, who, after liberating his country, gladly ungirlhed his sword and laid it do-.vn upon t!ie altar of that country. Then conies Pennsylvania, rich in Revolutionary lore, bringing with lier the deathless names of Franklin and Morris, and I trust ready to renew from the Ijelfry of Independence Hall the chimes of the old bell which announced freedom and independence i» former days. All hail to North Carolina, with htr Mecklenburg Declaratiim in her hand, stand- ing ei'cct on the ground of her probity and tirniness in the cause of the public liberty, and rep- resented in her attributes by her Macon, and in this assembly by her distinguished son at no' great distance from me. Four daughters of Virginia also cluster around the council board on tlie invitation of their ancient mother — the eldest Kentucky, whose sons, under the intrepid war- rior. Anthony Wayne, gave freedom of settlement to the territory of her sister Ohio. She ex- tends her hand daily and hourly acioss la. belle rimcre, to grasp the hand of some one of kindred blood of the noble States of Indiana, and Illinois, and Ohio, who have grown up into powerful States, already grand, potent, and almost imperial. Tennessee is not here, but is coming — pre- A'ented from being here only l^iy the floods which have swollen her rivers. When she arrives she will wear the badges on her warrior crest of victories won, in company with the great West, on m;iny an ensanguined plain, and standastls torn from the hands of the conquerors at Water- loo. Missouri and Iowa, and Michigan, Wisconsin, and Minnesota, stiil linger behind, but it mav be hoped that their hearts are with us in the great work we have to do. Gentlemen, the eyes of the wliole country are turned to this assembly in expectation and hope. I trust that you may prove yourselves worthy of the great occasion. Our ancestors probably c<')mniitted a blunder in not having fixed upon every fifth decade for a call of a General Conven- tion to amend and reform tiie Constitution. On "the contrary, they have made the diliicidtie? next to insurmountable to accomplish amendments to an instrument which was perfect ftu- five millions of people, but not wholly so as to thirty millions. Your patriotism will surmount the difficulties, however great, if yon will but accomplish but one triumph in advance, and that is, ft triumph over party. And what is party when compared to the task of rescuing one's country from danger ? Do that, and one long, loud shout of joy and gladness will resound throughout the land. ' On motion of Mr. Ewing. action on the remainder of tlie reiiort of tbo committee on organization was postponed until Wednesday. Mr. AVieklilfe, of Kentuck}^, ofiered the following resolution : Resolved, That the Convention shall be opened with prayer, and that the clergy of the City of V/ashington be requested to perform that service. Which was adopted ; and at the request of the Convention, the Ecv. Dr. Gui'lc}^ offered up prayer. The Convention being informed hy tlie President of the tender by the Mayor and Council of the City of Washington of police officers to attend the sitti]igs of the Convention, and protect the same from intrusion ; and jilso that the hall now occupied had been placed at the service of the Con- vention; it was moved and agreed to, t'lat the same be accepted. On motion of Mr. Johnson', of Maryland, it was resolved that the Presi- dent be requested to furnish a copy of his sj)oech to the Convention to be made part of this day's jiroceedings, and that the same shall wit^h thepro- ccedii!2;y of this dav be iniblished. PEACE CONFERENCE REPOKT. 25 Mr. Grimofl, of lowii, iiirunnod tlio Convention tluit hu Inid a IcLU-r in regard to the appointment of delcgatos from Iowa, which Avas referred to the Committee on Credentials. On motion of Mr. Wright, of Ohio, the Convention adjourned until 12 o'eh)(.'k to-morrow. Washingtox, Fchruary Gth, ISGl. The Convention met pursuant to adjournment. President Tyler in the chair. The journal of the proceedings of yesterday was read, amencjed, and approved. J\Jr. Summers, chairman of the Committee on Credentials, made the fol- lowing report: The credentials of the following gentlemen from the States hereafter enumerated, have been duly submitted and examined by your committee, and approved by them, and they "were reported as members of the Con- vention : JVew Hampshire — Amos Tuck, Levi Chamberlain, Asa Fowler. Vermont — Hiland Hall, Levi Underwood, II. Henry Baxter, L. E. Chit- tenden, 11 I). Harris. llhode Island and Providence Plantations — Samuel Ames, Alexander Dun- can, "William W. Hoppin, George H. Browne, Samuel C. Arnold. Connecticut — Iloger S. Baldwin, Chauncey F. Cleveland, Charles J. Mc- Curdy, James T. Pratt, Eobbins Battell, Amos S. Treat. Keiv Jersey — Charles S. Olden, Peter I). Vroom. Eobert F. Stockton, Benjamin Williamson, Joseph F. Eandolph, Frederick T. Frclinghuyseu, Eodman M. Price, William C. Alexander, Thojnas J. Stryker. Pennsylvania — James Pollock, William M. Meredith^ Thomas White, David Wilmot, A. W. Loomis, Thomas E. Franklin, William McKennan. Delairare — George B. Eodney, Daniel M. Bates, Henry Ridgeley, John W. Houston, William Cannon. Maryland — John F. Dent, Peverdy Johnson, John W. Cristiold, Augus- tus W. Bradford, Vrilliam T. Goldsborongh, J. Dixon Eoman, Benjamin C. Howard. yir(jinia — John Tjdcr, William C. Pives, John W. Brockeubrough, George W. Summers, James A. Seddon. North Carolina— George Davis, Thomas Iluffin, David S. Reid, D. M. Barringer, J. M. Morehead. Kentucky — William O. Butler. James B. Clay, Joshua F. Bell, Cliarles S. Morehead, James Guthrie, Charles A. Wicklitte. Ohio — John C. Wright, Salmon P. Chase, William S. Groesbeck, Frank- lin T. Backus, Reuben Hitchcock, Thomas Ewi ng, V. B. Horton. Indian!— CAiXeb B. Smith, Pleasant A. Hackleman, Codlove S. Orth, E. W. H. Ellis, Thomas C. Slaughter. Iowa — James Harlan, James AV. Grimes, Samuel H. Curtis, William Vandever. On motion of Mr. Wickliffe, the Secretary was authorized to employ- additional assistants. Mr. Wieklifl-e, chairman of the Committee on Organization, called up for consideration that part of the report not heretofore agreed to, and moved that the same be adopted. PEACE CONFERENCE REPOHT. Mr. Seddon, of Virginia, offered the following amendment: Resohed, That no part of tlie Journil be published without the order or leave of the Conven- fion, iind th it no copies of the whole or any part be furnished or allowed, excevt to members, who Fh.iil be privilejred to comniunicr>te tlie same to the authorities or delibenitive assemblies of their respective States, when deemed judicious or appropriate under their instructions, and that nothin;; spoken in the house be printed or otherwise published; but private commuuic.itiona respecting- ihe proceedings and iebates, while recommended to be with caution and reserve, ara allowed at the discretion of each member. On motion, the above resolution and the original report and resolution, vrere referred back to the committee. Mr. Guthi'ie, of Kentucky, moved the adoption of the following resolu- tion : Resolved, That a committee of one from each State be appointed by the Commissinnera thereof, to be nominated to the President, and to be appointed by him, to whom shall be referred the rv'solutions of the State of Virginia, and the other States represented, and all propositions for the ariju^tment of existing difficulties between States, with authority to report what they may deem ri?Ju, necessary, and proper to restore harmony and preserve the Union, and that they report on or before Friday. Mr. Ewing, of Ohio, suggested that the resolution be so modified aa to sutliorize said committee to sit during the meeting of the Convention;, whicli being accepted, the resolution was agreed to. The President appointed the following committee to carry into effect that part of the report of the Committee on Kules and Organization, which related to obtaining the services of a clergyman to open the proceedings with prayer: Mr. Randolph, of New Jersey; Mr. YricklifTe, of Kentucky; Mr. John- eon, of Maryland. On motion of Mr. Johnson, of Maryland, it was agreed that the mem- bers of this Convention should call in a body on the President of the United States at such time as woujd be agreeable to him, to be announced by the I*resident of this Convention. On motion, the Convention reconsidered the resolution recommitting tho rules of proceeding to the committee thereon, and agreed to proceed to the consideration of the same. Mr. Wright called for a division, and proposed that the several rules should be separately read, and, when no objection was raised, they should be agreed to; and when objected to, shuuld be passed for subsequent con- isideration. Which was agreed to. The rules hereafter designated were adopted. Tlie remainder were recommitted. The rules adopted were as follows: 1. A Convention to do business shall consist of the Commissioners of not less than seven States; and all questions shall be decided by the greater number of those which be fully repre- sented. But a less number than seven may adjourn from day to day. 2. Immediately after the President shall have taken the chair, and the members their seats, tlie minutes of the preceding day shall be read by the Secretary. 3. Evei-y member rising to speak shall address the President, and while he shall be fipenking rone shall pass between them, or hold discourse with another, or read a book, pamphlet, or Fiper, printed or manuscript — and of two members rising to speak at the same time, the resident shall name him who shall be first heard. 4. A member shall not sjjeak oftener than tv,fice, without special leave, upon the same questian, !tnd not a second time, before every other who had been silent shall have been heard, if he choost; to speak upon the subjact. 5. A morion made and seconded, shall be repeated, and if written, as it shall be when any member shall so require, read aiiuid, by ihe Secretary, before it shall be debated — and may be withdrawn »iit any time before the vote upon it shall have been declared. PEACE CONFERENCE REPORT. 27 6. Orilcr? of tlie day tliall be read rpxt after the minute^, and either discussed cr po.^poncd, bofore any other business sliiill be introduced. 7. When a debate sliall arise upon atiuestion, no motion, other than to iinend tlic (ineaiion to OBmmit it, or to postpone tiie debute, shall be receiTed. ?. A (|ue.slion wiiich iti coinplicHtod shall, at llio roiniest of any member, be diyitled and put icparately upon the proposition of which it is compounded. 9. A writing which contiiiiis any matter broui;ht on to bo considered, sh.all bo read once throughout, for information, tlien by para'craphs, to be debated, and again with the amendment.^, if any made on the sec nd reading', and afterwards the (piestion shall be put upon liie whole, as •mended, or approTcd in the original form, as the case may be. 10. Committees shall be appointed by the President, Mnless otherwise ordered by the Conven- tion. 11. A member may be called to order by any other member, as well a« bv the President, and may be allowed to explain his conduct or' expression?, supposed to be reprehensible. And all questions of order shall be decided by the President, without apjieal or debate. 12. Upon a question to adjourn for the day, which may be made at any lime, if it be seeonded, the qne-tion shall be put wdthout debate. 1.1. When the Convention shall adjourn, every member shall stand in his pi;ice until the Pres-. ident pass him. • 14. That no member be absent from the Convention, so as to interrupt the representation of the State, without leave. 15. 'I'liat committees do not sit while the ConTention shall bo or ought to be sitting, without lcav« of the Convention. _1G. That no copy be taken of any entry on the Journal, during the sitting of the Convention, vrithout leave of the Convention. 17. That members only be'permitted to inspect the Journal. 18. Mode of voting: .All votes shall be taken by States, and each State to give one vote. Th« jeas and nays of the members shall not be taken or published— only Uie decision by Stated. On motion, the Convention adjunrncd until ThursdaA', 10 o'clock, A. M. AYasiiington City, February 7th, 18'31, The Convention met i^ursuant to adjournn-icnt. President Tyler, in the chair. The Convention was opened hy prayer by Rev. Dr. Pync. The journal of the proceedings of the Convention of the (Jth instant Avas road, amended, and approved. President Tyler, in accordance with the resolution of the Gth instant^ in regard to calling on the President of the United States, caused to he read by the Secretarj- the following letter : February Cth, IPfil. _ My Dear Sir: I shall feel greatly honored to receive the gentlemen composing the Conven- tion of Commissioners from the several States, on any day and at anv hour most convenient to thamselves. I shall name to-morrow, Thursday, at if or 3 o'clock, though any othV time would be equally agreeable to mo. I shall at all times be prepared to give them a cordial welcome. Yours, very respectfully, JAMES BUCHANAN. His Excellency, Joh.\ Tyler. President Tyler asked the action of the Convention on the subject. On motion of Mr. Guthrie, it was Resohed, That th« membci-s of the Convention call on th« President of the United States thii forenoon, at 1 1 o'clock. Mr. Summers, from the Committee on Credentials, reported tliat tho •credentials of the following gentlemen from the States hereafter enumer- ated, had been duly submitted and examined, and were approved by them ; and approved as members of the Convention : Neic YorA-— William E. Dodge. Tennessee — Samuel Milligan, Josiah M. Anderson. Pobert L. Caruthcrs, Thomas Martin, Isaac Pi. Hawkins, II. J. McKinney, Alvin CuUom, AVm. 28 PEACE CONFERENCE REPORT. P. Ilickerson, George W. Jones, F. K. Zollicoffer, William H. Stephens. A. O. W. Totten. ^ UUnois— John Wood, Stephen T. Logan, John M. Palmer, Burton C. Gook, Thomas J. Turner. Which report was accepted. Mr. AViekliffe, from the Committee on Organization, offered the following resolution : Resolved, That the Secretary procure for the use of the Convention the necessarv stationery; and .also provide for such printing as may be ordered. That the Journal up to aiud including this day's proceedings, as well as the Rules, be printed for the use of the members. Which Avas passed. The President ajipointed the following gentlemen members of the com- mittee on Mr. Guthrie's resolution of yesterday : J^'ew Ram pshire, Asa Fowler ■ Vermont, Hiland Hall; Mode Island and Providence Plantations, Samuel Ames ; Connecticut, Poger S. Baldwin ; New Jersey, Peter D. Vroom; Pennsylvania, Thomas White; Delaware, Daniel M. Bates; North Carolina,T\\om-AS Euthn ; /iTejifwr/.-^, James Guthrie ; Ohio, Thomas Ewing; Indiana, Caleb B. Smith; Illinois, Stephen T. Logan; 7o;ra, James Harlan; Maryland, Ecverdy Johnson; Virginia, James A. Seddon. Mr. Wickliffe, from the Committee on Orgauiz'ation, reported the fol- lowing : 20th Rule. That nothing spoken in the Convention be printed or otherwise published or oom- municated without leave. Which Avas agreed to. Gonveution then adjourned. Yv^AsHiNGTON CiTY, February 8, 1861. The Convention met pursuant to adjournment. President Tyler in the chair. The Convention Avas opened with prayer by the Ee^^ Dr. Butler. The journal of yesterday Avas read, amended, and approved. Mr. Summers, from the Committee on Credentials, made report that ttft credentials of the gentlemen hereafter named, and from the States desig- nated, had been duly submitted, examined, and approved as members of the CouA'ention : Massachusetts. — John Z. Goodrich, John M. Forbes, Pichard P. Waters, Theophilus P. Chandler. Francis B. CroAvninshield, George S. Boutwell, Charles Allen. NcLo York. — David Dudley Field, William Curtis ISToyes, James S. Wads- worth, James C. Smith, Amaziah B. James, Erastus Corning, Addison Gardiner, Greene C. Bronson, John A. King, John E. Wool. Missouri. — John D. Coalter, Alexander M. Doniphan, Waldo P. Johnson, Aylctt H. Buckner, Harrison Hough. Tlie President appointed the following additional members of the com- mittee on Mr. Guthrie's resolution: A. M. Doniphan, of Missouri; F. K. Zollicoffer, of Tennessee; David Dudley Field, of ISfew York. Mr. Guthrie, of Kentucky, informed the Convention that the committee of AA'hich he was chairman could not make report this day, according tx) order, and asked further time. Mr. Clay, of Kentucky, moved that the committee have until Mon- day next to report. That delegates, Avho should arrive from States not PEACE CONFERENCE REPORT. J.9 heretofore reported, niic:lit proi'ont their eredentiiils to the cornniittce thereon, ami, being accepted, might select and report a inemher of Mr. (Juthrie's committeo through tlie Secretary to said committee; which mo- tion Ava8 agreed to. On motion of iMr. Elli^^. of Indiana, it was Ordrml, That for the puf^wseof relieving the Doorkeeper from eml)arrassinc'nt, the President W; raiuestetl to issue cardd of adaiissiou to the members and ollicers of this Convention. Mr. Hitchcock, of Ohio, asked of the President liis interpretation of the rule of the Convention, heretofore adopted, in regard to tlie degree of secrecy required. The President informed the Convention that, by his interpretation of the rules, nothing which was said or done in the Convention, in reference to an)' subject before it, could be spoken of, or divulged to, any but mem- bers. Adjourned to Saturday, at 12 o'clock. Washincton Citt, Fchniary 0, IPGl. Convention met pursuant to adjournment. President Tyler in the chair. The Convention was opened by prayer from the Eov. Dr. Bullock, of Kentucky. The journal of yesterday was read, amended, and approved. Mr. Suinmers, from the Committee on Credentials, reported that the credentials from the gentlemen hereafter named had been duly sul)iuitted to them, examined, and approved, and tliey were reported by said com- mittee as delegates from the States designated, viz : Jli;;;'/!6'.— AVilliam P. Fesscnden, Lot M. Morrell, Daniel E. Somes, John J. Perry, Ezra B. French, Freeman II. Morse, Stephen Coburn, Stephen C. Foster, The following gentlemen were announced as additional mem.bcrs of th« committee on Mr. Guthrie's resolution : Francis B. Crowninshield, Massachusetts. Lot M. Morrell, Maine. Mr. Tuck, of New Hampshire, offered for consideration certain resolu- tions ; which were read, and referred to the Committee on Eesolutions, Mr. Clay, of Kentucky, presented certain resolutions from Connecticut, and moved their reference to the Committee on Eesolutions ; which was agreed to. On motion of Mr. Eandolph, the Secretary was authorized to publish and furnish, for the use of members, a list of delegates to, and ollicers of, this C^onvention. Convention adjourned until Monday, at 12 o'clock. Washington Citt, February 11, 1861. The Convention met pursuant to adjournment. President Tyler in the chair. The Convention was opened with prayer by the Eev. Dr. Gurley. The journal of proceedings of Saturday was read, amended, aud approved. 30 PEACE CONFERENCE EEPORT. Mr. Guthrie, from the Committee on Eesoliitions, asked for further time to made report; which was given. Mr. Guthrie, from the same committee, to whom w^ero referred certain resolutions from Connecticut, made the foHowing report: The committee to whom were referred certain resolutions of the Democratic party of the State of Connecticut, report that, in the opinion of tlie committee, it is inexpedient for tliis Con- rention to act upon any resolution purporting to emanate from any political party whatever, and that tl'.e member of the Convention by v,"hora the same were presented have leave to withdraw tlie same. The President announced to the Convention tiiat cards of admission for the members of the Convention upon the floor of the House of Represent- atives had been sent to him by the Door-keeper, and Avhich the Secretary would deliver to the members who would call for them. On motion of Mr. Chase, it was resolved that any propositions or reso- lutions which any member desired to have considered, and which under the rule passed to the Committee on Resolutions and- Propositions, might bo presented to said committee tlirough the Secretary, without being pre- sented in Convention. Convention adjourned until Yf cdnesdaj'- next, 12 o'clock. Washington City, February 13, 18G1. The Convention met pursuant to adjournment. President Tyler in the chair. The Convention was opened with prayer by the Rev. Dr. Edwards. The joxtrnal of Monday was read, amended, and approved. Mr. Guthrie, from the CommuAittee on Resolutions and Propositions, asked until Friday to make report. Agreed to. Mr. Scddon, of Yirginia, asked permission of tho Convention to com.- municate to the authorities of Virginia the state of proceedings in Con- vention and Committee. Mr. Earringer, of North Carolina, offered the following: Rcsohcd, That the Commissioners of any State represented in this Convention, upon their joint iippiication, have leave to communicate to the Legislature, Governor, or Convention of said State, the proceedings of this body, or so much thereof as they may deem expedient. Which being seconded and accepted by Mr. Seddon, Mr. Frelinghuysen, of New Jersey, moved to amend said resolution by adding thereto : But not to communicate what has transpired in the Committee, before said Committee has re- ported to the Convention. On motion of Mr. Seddon, the amendment and the resolution were laid on the table, subject to call after Friday. Convention adjourned to Friday, 12 o'clock. Washington Citt, February UtK 1861. Tho Convention met in special session, j^ursuant to t!ie call of the Presi- dent. The proceedings were opened with prayer by tho Rev. Dr. Hall. The following letter from the Secretary, Crafts J. Wright, was read, and ordered to bo entered upon the minutes: PEACE CONFI'-RFTXCE REPORT. 81 Wn.i.Aiu>s' IIoTEi., Washington City, > Ftbruiiry 13th, ItGl. ) ITov. John Tvlkr, President of Conference Convent ion: (:« Dkar Sir : I grieve to communicate to you tlio fact thut tlio dclcgiUc from Oliio to tlii^ Con- fe'rcnce Coiiveiuion, tlie Hon. John C. Wright, departed tliis lite this day, tiie IJtIi of Ffliruajyk lit liult-past one o'clock. Judge Wright came to this Convention witli a heart filled witli fear for the safety of the Union. Though at ail advanced age, and nearly blind, he was filled witii anearneU de-*ire to add his efl'virts to that of others of the Convention called by the State of Virginia, and seek to agree on pome measures, honorable to each and all, to effect tiic object. Since the arrival of my hiiher in Washington, he has been constant in his eli'orts to etl'ect the end in view, and he hc.s had hi- heart cheered with the belief that the object would be acci)m;)lished. Almost the last words he uttered vere, that he believed the Union would be preserved. He desired me to say, if the Union wa» saxed, he would die content. He called mu to read to him at twelve o'clock, the scciluns in tb« Constitution in regard to counting the votes, and tliis request, and this reading, teiniinated hij knowledge on eartii. Ill this desire of my father to do what he could, he pressed me to accompany him on accounl of his blindness. Since the Convention honored me with the appointment of Secretary, ho re- (juired of me a promise that I would not leave the position. When I read the section of tti« Constitution to him, he re(iuired nie then to leave liim for the Convention. Whatever my per- sonal feelings may be, 1 deem the pledge made sacred. I therefore ask tiiat I may have leav« of absence, until 1 carry the renntins home to Ohio and return to my dutv. Respectfully, CRAFTS J. WRIGHT. P. S. — J. Henry Puleston -R-ill act forme in my absence ;; The President informed the Convention that the request of the Secretary had been complied with. The Pi-esident asked what action the Convention proposed to tulco on- the subject for which they had been specially assemblctl. The ilon. Salmon P. Chase, of Ohio, then said : Mr. President, since we assembled yesterday in this Hall it has pleased God to remove one of our number from ail participation in the concerns of earth. It is my painfid duty to anuouncft to the Convention that John C. Wrioht, one of the Commissioners from Oliin, is no niorek Full of years, honored by the cinifidence of tlie people, rich in large e.xiHjrience and ripened wisdom, and devoted in all his affections and all his powers to liis country, and iiis Avhole coun^ try, he has been called from our midst at the very moment when tlie prudence and patriotism of bis counsels seemed riiost needed. Such are the mysterious waiys of Divine Providence I Judge Wright was born in Wetherstield, Connecticut, on the lOth of August, ITf'l. Tlr6 death of his parents made him an orphan in infancy; and he had little to depend upon in youth and early manhood, save his own energies and God's blessing. He was married, wiiile young, t(j a daughter of Thomas Collier, of Litchfield, and for sever*! years after resided at Troy, New York. When about twenty-six years old, he removed to Steubenville, in Ohio, where he commoaced the practice of the law, and rapidly rose to distinction in the profession. In lbii*2, he was elected a Representative in Con^jrcss, where he became the associate and friend of Clay and of Webster, and proved himself, on many occasions, worthy of their a.s30cij«»- tioii and friendship. After serving several terms in Congress, he was elected a Judge of the Supreme Court of Ohio, and, in 1834, removed from Steubenville to the city of Cincinnati. Resigning his seat soon afterwards, he resumed the labors of the bar, and ever zealous for the improvement and elevation of the profession, established, in association with others, the Cincinnati law school. In la 10, upon the dying request of Ciiarles Hammond, the veteran editor of t!ic Cincinn.itl Gazette, Judge Wright assumed the editorial control of that journal, and retained that position until impaired vision, in 1853, admonished him of the necessity of withdrawing from labors too severe. Thenceforward engaged in moderate labors, surrounded by affectionate relatives, enjoying tha respect and confidence of iiis fellow-citizens, and manifesting always the liveliest cuiixrn in whatever related to tlie welfare and honor of his State and his country, he lived in tranquil retire^ ment, until called by the Governor of Ohio, with the approbation of the Senate, to take part in the deliberiitiuns of this Coni'ereuce Convention. It was but a ju-t tribute, sir, to his honored age, illustrated by abilities, by virtues, and by services, that he was unanimously selected as its temporary president. His interest in the great purpose of our assembling was profound and earnest. His labors to promote an auspicious result of its deliberations were active and constant. And when fatal d'.sease assailed ins life, and hi.< enfeebled powers yielded to its virulence, his last utterances were of the Constitution and ths Union. 32 PEACE CONFERENCE REPORT. Mr. Presidftnt, Judge Wright was my friend. His approval cheered and encouraged my own humble U\bors in the service of the State. Pardon me if I mingle private witli public grief^ lie has gone from liis last great labor. He was not permitted to witness, upon earth, the result of the mission upon wliich he and his associates, who here mourn his loss, were sent. God grant, sir, that it may fulfill his wish! God grant that the clouds which now darken over us may speedily disperse, and that through generous counsels and patriotic labors, guided by that good Providence which directed our fathers in its original form.ation, the Union of our States may be more than ever firmly cemented and established. Mr. President, I offer the following resolutions : Resolved, TlKit in the death of our late venerable colleague, the Hon. John C. Wright, we mourn the los--., to the State of Ohio, and to the nation at large, of one of our most sagacious statesmen and distinguished patriots; and to the cause of Union and conciliation, one of its most illustrious supporters. Resolved, That while we deplore with saddened hearts the affiiction with which an AUwise Providence has visited us, we knov,' that no transition from life to immortality could have been more grateful to him who has fallen than this, in which his life has been offered a willing sacrifice in an eftbrt to restore harmony to his distracted country. Resolved, That the members of this Convention lender their heartfelt sympathies to the family of the deceased in this their great affliction. Resolved, That these resolutions be spread upon the records of this body, and a cony of the same be transmitted to the family of the deceased. The Hon. Charles A. Wickliffo, of Kentucky, moved the adoi)tion of the resolutions, and said : Mr. President, 1 rise to tender my most cordial sanction and second to the resolutions which liavc just been read. Mv. Wright and myself entered the councils of this nation thirty-seven years ago. We served together during a period when party excitement ran high upon questions raoj-e of a personal than a constitutional character. I can bear witness not only to his ability, but to his personal integ- rity, and his purity of political action through our term of service in the House of Representa- tives. I have seldom met him since we separated at tlic termination of his service and mine in that body, wliich occurred at pretty near the same period; but whenever I have met him, I have found him the same stern advocate of the Union, and of constitution.al liberty. I rejoiced, therefore, when I found him in this hall on the day we first assembled here. I knew his conser- vative disposition and principles, and I promised myself that with his aid I could be more useful to n;y country and to my State than without him. In conversing with him upon the difficulties which now divide and distract our common country, I found him ready and willing, conscientiously and patriotically, to do that which I thought that portion of the country wh.ich I represent haa a right to demand and expect of those who represent a different portion of our Union. And if my friend from Ohio, (Mr. Chase,) and his colleagues will permit me to mingle my sorrow at the public loss, I will say nothing of the private bereavement of the family of our deceased colleague. I leave him to his country, and to you, with this testimony which I leave to his memory— his honesty of purpose and his patriotic love of country The Hon. A. W. Loomis, of Pennsylvania, said : Mr. President, I desire to mingle my sincere regrets vvith those of the members of this assem- blage at the sad and unexpected occurrence which deprived us of an able, experienced, and patriotic associate. My relations with the deceased were, for many years, probably more intimate than those which existed between him and any other member of this Convention. Forty years have elapsed since I fir-st made his acquaintance. He was then in full, active, and extensive practice; a learned lawyer, an accomplished, skillful, and successful advocate. During the succeeding year I came to the bar, and resided and practiced in the sam.e judicial circuit with eur departed friend. For many years the most kind and intimate relations existed between us, sometimes colleagues, but usually opponents. So kind and genial was his nature, so fair and liberal his practice, that during our entire intercourse not an unkind word was uttered, and, so far as I know or believe, not an unpleasant feeling existed in the bosom of either. Though not gifted with the highest order of eloquence, he was clear, distinct, and persuasive. His style of speaking resembled not the babbling brook or the dashing cataract, but usually the limpid stream, gliding gracefully amid fields and fruits and flowers, though sometimes assuming the power and proportions of the majestic river, cutting its sure and certain way to the mighty ocean. His professional position, his kindness of heart, and genial humor, made him an object of high respect and warm regard among his professional brethren. And now, sir, as memory passes ia review the happy hours and pleasant incidents which marked our social and professional inter- course, the smitten heart shrinks in sadness and sorrow from the contemplation of our uereaTe- PEACE CONFERENCE EEPOET. 33 merit. He adorncil, sir, tlie bar, the liciich, and the hiills of lc;,'islatlon. IIo dlschargci], in all tlie relations of life, his obligations with fidelity. Of him it might be truly said : Hia life hath flowdl a snored stream, in whose calm depth The buautiful aiiJ puro nlono are mirrored; AVliich, thdiifih saiipos of ill may hover o'er the surface. Glides in light, and take;" no shadows from them. ■Rut, sir, the great crowning virtue and glory of his life was his acceptance of the mission which brouuht him here. TllOu^ll wliituiied by tlie fro.<-,K STOKER, CllAKLES STETSON.Esq.. CHA KLES FOX. Esq., ADAM RIDDLE. E.^q,, E S. HAINES Esq. V. WORTHINGTOJf, fesq.. GEORGE CARLISLE, Esq., JOHN P. FOOTE, Esq. Arrived at the depot, the remains were placed in the front car of a speei.al train of nine cars, itt charKO of Mr. Potter, conductor. The train moved to the sacred routing place ot the dead, slowly, as bocnmo the solemnity of the occasion. Another hearse aud earriases had been provided at the grounds, and the procession wound its way through the avenues towards the vault, where the so-vices were concluded, and with the words, " earth lo earth, dust to dust," were committed to the tomb all that was earthly of him who wtis so honored in life and lamented iu death. FURTHER OF THE ILLNESS AND DEATH OF JUDGE WRIGHT. Dr. Miller, of Washington, the physician in attendance upon Hon. John C. Wright durincf his last illness in that plaee, states that Mr. Wright ha.l been laboring under chronic bronchitis tor many years • that he had taken cold, which terminated iu effusion in the lungs, and that he was unable to throw oflf the fluid which accumulated, on account of paralysis of the lungs. The result was sufluca- Jiulge WriRht was entirely conscious to within a few hours of his death. At ten o'clock Wednesday morniug last, he received a letter from his wife, and, it having been read to him. he struggled to sit up toreplv to it, but found himself unable to do so. At eleven o'clock, seeming revived, ho called upon his son to bring and read to him the Federal Constitution, and repeated that part pertaining to the count- in"- of the votes for Presid'int and Vice President, in the performance of the duty under which he sup- posed the two houses of Congress to be then engaged. At twelve o'clock he uvg-d his son, with other friends, to leave him for the Convention, and at the samj time exacted a promise from his son, that, it be snould bo coinnellod to attend his body home, he would at once return and resume his duties as- bee retary of the Convuntion. — Cincinnati (Jazette. PEACE CONFEEENCE REPORT. 35 Washington Citt, February 15, 18G1, The Conrention met pursuant to adjournment. President Tyler in tlie chair. Tlie Convention Avan opened witli prayer hy Eev. Mr. Ecnnor. The journals of llie KUh and the s})ecial aession of the 11th were read and approved. The President laid before the Convention a communication from Horatio Stone, extcndinf^ an invitation to members of the Convention to visit hii ttudio ; which was read, and laid on the table. The President presented to the Convention a resolution of the House of Keprcsentativcs, tendering admission to the floor of the House to membcri of the Convention ; in accordance with which cards of admission had been Bent. The President also presented a letter from J. E. Sands, proffering to th» Convention some flags witli historical reminiscences, to be placed in thig hall during its session; which was read, and laid on the table. Also a communication from Horatio G. Warner, which was received, and laid on the table. Mr. Summers, from the Committee on Credentials, presented a telegraph dispatch from the Governor of Ohio, appointing C. P. Wolcott a commis- lioner in the place of John C. Wright, deceased. Mr. Wolcott's name was entered on the list of members. Mr. Orth, of Indiana, offered the following resolutions: Rrsolvfd, That rules sixteen (16) and eighteen (18) of this Convention be, and the same are hereby, rescinded. Resolved, That the President is hereby authorized to grant cards of admission to reporters of (he pree? not exceeding in number, which shall entitle them to seats on the floor of th« Convention, for the purpose of reportin-; its proceedings. Resolved, That no person be admitted to the floor of this Convention, except the membenj, efficers, or reporters. After discussion by Messrs. Wickliff'e and Orth, on motion of Mr. lian- dolph, the resolutions were laid on the table. iLr. Guthrie, from the Committee of one from each State, made a report and-submitted the following proposed amendments of the Constitution:"^ Articli 1. In all the territory of the United States, not embraced within the limits of tb« Cherokee treaty grant, north of a line from east to we.-t, on the parallel of 36 degrees 30 min- tites, north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst It shall be under a Territorial government; and in all the territory south of said line, the status of persons owing service or labor as it now exists shall not be changed by law while such territory ilhall be under a Territorial government ; and neither Congress nor the Territorial govtrnmen* (hall have power to hinder or prevent the taking to said territory of persons held to labor or in- voluntary 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 arisitig out of said relations, which ^.all be su!)ject to judicial cognizance in the federal courts, according to the common law; and when any territory north or touth of said line, within such boundary as Congress may prescribe, ihall contain a population reqtiired 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 eijual looting with the original States, with or wiihout involuntary service or labofi, as the constitution of surh new State may provide. Article '2. Territory shall not be acquired by the United States, unless by treaty; nor, ex«ept for naval and commercial stations and depots, unless such treaty shall be ratified by four fiftba 6f all members of the Senate. Article 3. Neither the Constitution, nor any amendment thereof, .shall be construed to give Congress power to regulate, abolish, or control, within any St ite 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 lo 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 con-cnt ju.^t compensation; nor the power to interfere with or prohibit Representatives and others from bringing with them to the city of Washington, retaio- 36 PEACE CONFEKENCE REPORT. ing, and taking away, persons so bound to labor; nor the power to interfere wit?i 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 ser- Tice in any State or Territory of the United States to any other State or Territory thereof where it is establistied or recognize'd by law or usage; and the right during transportation of touching at ports, shores, and landings, and of landing in case of distress, shall exist. Nor shall Congress have power to authorize any higher rate of taxation on persons bound to labor than on land. _ Article 4. The third paragraph of the second section of the fourth article of the Constitu- tion shall not be construed to prevent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due. Article 5. The foreign slave trade and the importation of slaves into the United States and their Territories, from places beyond the present limits thereof, are forever prohibited. Article 6. Tlie first, second, third, and fifth articles, togetiier with this article, of these amendments, and the third paragraph of the second section of the first article of the Constitu- tion, and the third paragraph of tlie second section of the fourth article thereof, shall not ba amended or abolished wi'thout the consent of all the States. Article 7. Congress shall provide by law that the United States shall pay to the owner the full value of his fugitive from labor, in all cases where the marshal or other ofiicer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidatioQ, or when, after arrest, such fugitive was rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of such fugitive. Mr. Baldwin, from the same committee, siibmitted the following report . The undersigned, comprising a part of the minority of the committee of one from each State, to whom was referred the consideration of the resolutions of the State of Virginia and the other States represented, and all propositions for the adjustment of existing differences between the States, with authority to report what they deem right, necessary, and proper to restore harmony and preserve the Union, and report thereon, entered upon the duties of the committee with an anx- ious desire that they might be able to unite in the recommendation of some plan which, on due deliberation, should seem best adapted to maintain the dignity and authority of the Government of the United States, and, at the same time, secure to the people of every section that perfect equality of right to which they are entitled. Convened, as we are, on the invitation of the Governor of Virginia, in pursuance of the reso- lutions of the General Assembly of that State, with an accompanying expression of the deliber- ate opinion of that body that, unless the unhappy controversy which now divides the States shall be satisfactorily adjusted, a permanent dissolution of the Union is inevitable; and, being earn- estly desirous of an adjustment thereof, in concurrence with Virginia, in the spirit in which the Constitution was originally formed, and consistently with its principles, so as to afford to the peo- ple of all the States adequate security for all their rights, the attention of the undersigned was necessarily led to the consideration of the extent and equality of our powers, and to the propri- ety and expediency, under existing circumstances, of a recommendation by this Conference Con- ye'ntion of any specific action by Congress, whether of ordinary legislation, or in reference to constitutional amendments to be proposed by Congress oaits own responsibility to the States. _ A portion of the members of this Convention are delegated by the Legislatures of their respective States, and are required to act under their supervision and control, while others are the representatives only of the Executives of their States, and, having no opportunity of con- sulting the immediate representatives of the people, can only act on their individual responsi- bility. . Among the resolutions and propositions suggesting modes of adjustment appropriate to thia occasion which were brought to the notice of "the committee, were the resolutions of the State of Kentucky recommending to her sister States to unite with her in an application to Congress for the calling of a convention in the mode prescribed by the Constitution for proposing amend- ments thereto. The undersigned, for the reasons set forth in the accompanying resolution, and others winch have been herein indicated, is of opinion that the mode of adjustment by a general convention, as proposed by Kentucky, is the one which affords the best assurance of an adjustment accepta- ble to the people of every section, as it will afford to all the States who may desire amendments aa opportunity of preparing them with care and deliberation, and in such form as they may deem it expedient to prescribe, to be submitted to the consideration and deliberate action of delegates duly chosen and invested with equal powers from all the States. The undersigned did not, therefore, deem it expedient that any of the measures of adjustment proposed by the majority of the committee should be reported to this body to be discussed or acted upon by them, and he respectfully submits, as a substitute for the articles of amendment to the Constitution, reported by the majority of the committee, the following preamble and reso- lution, and respectfully recommends the adoption thereof. ^ ^ ROGER S. BALDWIN. PEACE CONFERENCG REPORT. 3T Wnr.nKAS, Uiihnppy differences exist wliicli have alicnntcd from each otbcr portions of tlie peo- ple of the United States to such an extent as seriously to disturl) the )ie;ic« of the u.^tioii, and impair the re>,'ular and eflicient action of the Government within the sphere of its constitutional powers and duties: And whereas, the Legislature of the State of Kentucky has made application to Congresg t* call a convention for proposing amendments to the Constitution of the United State;*: And whereas, it is believed to be the opinion of tlie people of other States that amendment* to the Constitution are or may become necessary to secure to the peojile of the United States, of everv section, the full and equal enjoyment of tiieir rights and liberties, so far as the same maj depend for their security and protection on the powers granted to or withheld from the (leneral Government, in pursuance of the national purposes for which it was ordained and established: And whereas, it may be expedient that such amendments as any of the States may desire t» have proposed, shoukl be presented to the convention iu such form as the respective States desir- ing the same may deem proper: Tiiis convention docs, therefore, recommend to the several States to unite with Kentucky in her application to Congress to call a convention for proposing amendments to the Constitution of the United States, to be sul)mittcd to the Legislatures of the several States, or to conventiong therein, for ratification, as the one or the other mode of ratification may be proposed by Con- gress, iu accordance with the provision in the fifth article of the Constitution. Mr. Field, of New York, and Mr. Crowninsliield, of Massachusetts, of the same committee, stated that they had not concurred in the majoritj" report. Mr. Seddon, of Virginia, from the same committee, submitted the fol- lowing report: The undersigned, acting on the recommendation of the commissioners from the State of Vir- ginia, as a member of the committee appointed by this Convention to consider and recommend propositions of adjustment, has not been so happy as to accord with the report suljmitteil by th* majority ; and as he more widely dissents from the opinions entertained by the otiier dissenting members, he feels constrained, in vindication of his position and opinions, to present on his part this brief report, recommending, as a substitute for the report of the majority, a proposition sub- joined. To this course he feels the more impelled, by deference to the resolutions of the Gen- eral Assembly of his State, inviting the assemblage of this Convention, and suggesting a basis of adjustment. These resolutions declare, that, " in the opinion of the General Assembly of Virginia, the propositions embraced in the resolutions presented to the Senate of the United States by the Hon. John J. Crittciiden, so modified as that the first article proposed as an amend- ment to the Constitution of the' United States, shall apply to all the territory of the United Statei now held, or hereafter acquired, south of latitude 36 degrees 30 minutes, and provided that slavey of the African race shall be effectually protected as property therein during the continu- ance of the Territorial government, and the fourth article shall secure to the owners of slarei the right of transit with their slaves between and through the non-slaveholding States or Terri- tories, constitute the basis of such an adjustment of the unhappy controversy which now divides ' tlie States of this confederacy, as would be accepted by the people of this Commonwealth." From this resolution, it is clear that the General Assembly, in its declared opinion of what would be acceptable to the people of Virginia, not only reijuired the Crittenden propositions as a basis, but also held the modifications suggested in addition essential. Iw this the undersigned fully concurs. But, in his opinion, the propositions reported by the majority do not give, but ma- terially weaken, the Crittenden propositions themselves, and fail to accord the modifications sug- gested. The undersigned, therefore, feels it his duty to submit and recommend, as a substitute, the resolutions referred to, as proposed by the Hon. John J. Crittenden, with the incorporation «f tlie modifications suggested by Virginia explicitly expressed, and with some alteratioiis on pointi which, he is assured, would make them more acceptable to that State, and, as he hopes, to th» whole Union. The propositions suljniilted are appended, marked No. 1 The undersigned, while contenting himself in the spirit of the action taken by the Geieral Assembly of his State, with the proposal of that substitute for the majority report, would be untrue to his own convictions, shared, as he believes, by the majority of the Commissioners from Virginia, and to his sense of duty, if he did not empliatically declare, as his settled and deliberata judgment, that for permanent safety in this Union to the slaveholding States, and the restoration of integrity to the Union, and harmony and peace to tlie country, a guarantee of actual power in the Constitution and in the working of the G(jvernment to the slaveholding and minority section, is indispcnsahle. How such guarantee might be most wisely contrived and judiciously adjusted to the frame of the Government, the undersigned forbears now to inquire. He is not exclu- sively addicted to any special plan, but believing that such guarantee might be adequately afifoi-d- ed by a partition of power in the Senate between the two sections, and by a recognition that ours is a Union of freedom and consent, not constraint and force, he respectfully, submits, for consideration by members of the Convention, the plan hereto appended, marked No. 2. S8 PEACE CONFERENCE REPORT. Wlietlier he shall feel bound to invoke the action of the Conreution upon it, may depend oa the future manifestations of sentiment in this body. All which is respectfully submitted. JAMES A. SEDDON, February 15, 1861. C&imnissioncr from Va, No. 1. JOINT RESOLUTIONS proposing certain amendments to the Constitution of the United Stat«*|u Whereas, Serious and alarming dissensions have arisen between the Northern and Southertt Btates, concerning the rights and security of the rights of the slaveholding States, and especially their rights in the common territory of the United States ; and whereas, it is eminently desirable and proper tliat those dissensions, which now threaten the very existence of this Union, sliould heperm;inently ([uieted and settled by constitutional proyisions, which shall do equal justice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the United States : therefore, Resolved, by this Convention, that the following articles are hereby approved and submitted CO {he CougicBs of the United States, with the request that they may, by the requisite constitutional majority of two thirds, be recommended to the respective States of the Union, to be, when rati- fied by conventions of three fourths of the States, valid and operative as amendmeuts of the Coii> Btitution of the Union. Article 1. In all the territory of the United States now held, or hereafter acquired, situaftl north of latitude thirty-six degrees and thirty minutes, slavery or involuntary servitude, except aa a punishment for crime, is prohibited, while such territory shall remain under territorial govern- ment. In all the territory south of said line of latitude slavery of the African race is hereby recognized as existing, and shall not be interfered with by Congress ; but hall be protected as property by all the departments of the territorial governmeBt during its continuance ; and when any territory north or south of said line, within such boundaries as Congress may prescribe, shall contain tlie population recjuisite for a member of Congress, according to the then federal ratio of representation of the people of the United States, it shall, if its form of government be repub- lican, be admitted into the Union on an equal footing with the original Slates, with or withovU slavery, as the constitution of such new State may provide. Article 2. Congress shall have no power to abolish slavery in places under its exclusive juriih diction, and situate within the limits of States that permit the holding of slaves. Article 3. Congress shall have no power to abolisli slarery within the District of Columbia, «o long as it exists in the adjoining States of Virginia and Maryland, or either, nor without the consent of the free white inhabitants, nor without just compensation first made to such owners ©f slaves as do not consent to such abolishment. Nor shall Congress at any tiiue prohibit officer* of the Federal Government, or members of Congress, whose duties require them to be in said District, from bringing with them their slaves, and holding them as such during the time their duties m;iy require them to remain there, and afterwards taking them from the District. Article 4. Congress shall have no power to prohibit or hinder the transportation of slavei from one State to another, or to a Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by the sea. And if such transpor- tition be by seiv, the slaves shall be protected as property by the Federal Goveroment. And th» right of transit by the owners with their slaves, in passing to or from one slaveholding State or Territory to another, between and through the non-slaveholding States and Territories, shall bfl protected. And in imposing direct taxes pursuant to the Constitution, Congress shall have no power to impose on .slaves -a' higher rate of tax than on land, accordieg to their just value. Article 5. That, \n addition to the provisions of the third paragraph of the second section of the fourth article of the Constitution of the United States, Congress shall provide by law, that the United States shall pay to the owner who shall apply for it, the full value of his fugitive slave, in all cases, when the marshal, or other officer, whose duty it was to arrest said fugitive, was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive waa rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave, under the said clause of the Constitution and the lawg made in pursuance thereof. And in all such cases, when the United States shall pay for such fugitive, they shall reimburse themselves by imposing and collecting a tax on the county or city in which said violence, intimidation, or rescue was committed, equal in amount to the sum paid by them, with the addition of interest and the costs of collection; and the said county or city, after it has paid said amount to ;he United States, may, for its indemnity, sue and recover from the wrong-doers, or rescuers, by whom the owner was prevented from the recovery of his fugitive tlave, in like manner as the owner himself might have sued and recovered Article 6. No future amendment of the Constitution shall afF«ct the five preceding articles, Bor the third paragraph of the second section of the first article of the Consr.itution, nor the third p;iragraph of the second section of the fourth article of said Censtitution, and no amend- PEACE CONFERENCE REPORT. 39 ment shall be ninde to the Constitution which will aiitliorizc or give to Con;;re3S any power t» abolish or interfere with slavery in any of the Slates by whose laws it is or may be allowed or permitted. Article 7. Sec. 1. The elective franchise and the right to hold odice, whether federal, State, tcrritcjrial, or municipal, shall not be exercised by persons who are, in whole or iu part, of the African race. And whereas, also, besides those causes of dissension embraced in tho foregoing amondmeBts proposed to the Constitution of the United States, there are others which come within the jurin- diction of Congress, and may be remedied by its leuislative power: and whereas, it is tliu desire of this Convention, us far as its influence may extend, to remove all just cause for the popiilar discontent aid agitation which now disturb the peace of the country, and threaten tho stability of it^ institutions: therefore, 1. Rt'solved, That the laws now in force for the recovefy of fugitive slaves are in strict pur- suance of the phuB and maiidutory provisions of the Constitution, and have Ijecn sanctioned as valid and constitutional by the judgment of the Supreme Court of the United States; that the slaveholding States are entitleti to the faithful observance and execution of those laws, and that llicv ought not to be repealed or so modilied or changed as to impair their cniciency; and that laws ought to be made lor the punishment of those who attempt, by rescue of the slave or other illegal means, to hinder or defeat the due execution of said laws. 2. That ail State laws which conflict with the fugitive slave actsj or any other constitutiosftl acts of Congress, or which in their operation impeele, hinder, or delay the free courfec and du« execution of any of said acts, are null and void by the i)lain provisions of the Constitution of the United States. Yet those State laws, void as they are, have given color to practices, and led to consequcices which have obstructed the due administration and execution of ac's of Con- gress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed much to the discordand commotion now prevailing. This Convention, therefore, in the present perilous juncture, does not deem it improper, respectfully and earnestly, to recommend the repeal of those laws to the several Slates which have enacted them, or such legislative eorrecions or explanations of them as may prevent their being used or perverted to such mischievous pmposes. 3. Tliat tl-.e act of the eighteenth of September, eighteen bunded and fifty, commonly called the fugitive slave \&\f, ought to be so amended as to make the fee of the commissioner, mtntioied in the eighth section of the act, ecjual in amount, in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the Isst clauB« of the lifih section of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive slave to summon to his aid the posse comitatns, and which declares it t* be the duty of all good citizens to assist him in its execution, ought to be so amended as t© expressly limit the autiiority and duty to cases in which there shall be resistance, or danger of resistance or rescue. 4. That the laws for the suppression of the African slave trade, and especially those prohibit- ing the importation of slaves into the United States, ought to be made effectual, a.ul ought W be thoroughly executed, and all further enactments necessary to those ends ought to be promptly made. No. 2. PROPOSED AMENDMENTS BY MR. SEDDON. To secure concert and promote harmony between the slaveholding and non-slaveholding sec- tions of )he Union, the assent of the majority of the Senators from the slareholding States, and of the majority of the Senators from the non-*laveholding States, shall be requisite to the valid- ity of all action of the Senate, on which the ayes and noes may be called by five Senators. And on a written deehirutiun, signed and presented for record on the journal of the Senate by a m-jority of the Senators from either the non-slaveholding or slaveholding States, of thek- want of confideJice in luiy olliccr 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 pi-esentation of Bviuh declaration, the ofiice 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 iu 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 conveniion of its people, assembled pui-suant to a. law of its Legislature, i« hrld 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, ho shall ajnioint 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 1« selected by a majority of them, shall equitably adjudicate and determine finally a partition of t'iie rit^hts and obligationB of the withdrawing State; and such adjudication and partition bein|f 40 PEACE CONFERENCE REPORT. 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 re-admitted into the Union without the ' assent of two thirds of the States constituting the Union at the time ©f the proposed re-admis- sion. Mr. Coulter, of Missouri, stated the basis of the action of that State. Mr. Wickliffe, of Keutuek}', moved the printing of the reports, and that they be made the order of the day for to-morrow, at 12 o'clock; which, after discussion, was adopted. Mr. Chase, of Ohio, moved the printing of all resolutions of the several States in relation to the subjects before this Convention; which was ordered. Mr. Wickliffe offered the foilovfing preamble and resolutions: The second section of the iih article of the Constitution of the United States declares, "that no person held to service or labor in one State, under the laws thereof, escaping into another, shall, in conseauence of anv law or regulation therein, be discharged from such service or labor, but snail be deuvered up on claim of the party to whom sucli service or labor may ue aue." This clause is one of the compromises without which no Constitution would have been adopt- ed. It was a guarantee to the States, in which such labor and service existed by law, that their rights should be respected and regarded by all the States; and it is not within the competency of any State to disregard the obligations it imposes, or to render it valueless_ by legislative enactments. And whereas, the House of Representatives of the United States did, on the — — of February, by unanimous vote, declare that neither the Congress of the United States, nor the people or government of any non-slaveholding State, has the constitutional right to legislate upon, or to interfere with, slavery in any slaveholding State in the Union. This declaration is regarded by this Convention as an admission that the statutes of those States, passed for the purpose of defeating the provision of the Constitution aforesaid, and the laws of Congress made to enforce the just ^and proper execution of this constitutional guarantee, are in violation of the supreme law of the land. The provisions of the statutes in many of the non-slaveholding States, commonly known and called "personal liberty bills," amount in their consequences to a practical nullification of the acts of Congress of February 12di, 1793, and September 18th, 1850, and are in violation of the 2d section of the 4th article'of the Constitution, as before stated. That the spirit of those statutes appears to be repugnant to the principles of compromise and mutual and liberal conces- sions which dictated the section of the Constitution in question, and which pervades every part of that instrument. It is, therefore, respectfully requested by this Convention that the several States abrogate all such obnoxious enactments. _ That the spirit of comity between the States, and the spirit of unity and fraternity which should actuate .all the people of these United States, require that complete right and security of transit with all persons who owe them service or labor should be allowed to the citizens of each State by the laws of everv other Stare. Resolved, That a copv of the foregoing be sent by the President of this Convention to the Governors of each of tlie free States, as the deliberate judgment and opinion of this Conven- tion, and that he request the same be laid before their respective Legislatures. The Convention then adjourned until 12 o'clock, to-morrow. Washington City, February IG, 18G1. The Convention met pursuant to adjournment. President Tyler in the chair. Prayer was offered by Pev. Dr. Sunderland. The" journal of the preceding day was read and approved. The President laid before the Convention a communication from W. C. Jewett, which was received and laid on the table. Mr. ^Yickliffe offered the following resolution : Resolved, That in the discussions which may take place in this Convention upon any questions, no member shall be allowed to speak longer than thirty minutes. Which, after debate thereon, was postponed by the mover until Tues- day. PEACE CONFERENCE REPORT. 41 Mr. CrisfioUl moved tho hour of mceiiiii^ of tho Convention be at tcu o'clock, which was amended to eleven o'clock, A. M., and adopted. Mr. Chase moved to amend the first rule by inserting after the word "represented," tho following: '-The yeas and nays of the delegates from each State, on any question, shall be entered on the Journal when it id desired by any delegate." Which was not agreed to. Mv. Wieklilte, from the Ct^mmittee on Organization, offered the f<>llo\ving resolution, which was adopted. Rcsolcrd, That the lltli Rule of this Convention he so amonded as to alloTV an appeal from the decision of the President, which appeal shall bo decided without debate. Mr. Johnson, of Maryland, gave notice that he should move to insert tho word j^rcsen^ before the word Territories, in the first line of the first section of the majority report, so as to conform to the intention of the majority of the committee. Ovi moti'^n idifniTfind. "WAsniNGTON CiTT, February 18, ISGl. The convention met pursuant to adjournment. PiTsldent Tyler in the chair. The proceedings were opened with prayer by the Rev. Dr. Gurley. The journal of Saturday was read and approved. ill*. Chittenden, of Yermont, oflered the following resolution: Resolved, That the rules of this Convention be so far modified as to require the Secretary to employ a competent stenographer, who shall write down and preserve accurate notes of the debates and otlier prooeedinirs of this body, which notes shall not be comnumicatod to any per- son, nor shall copies thereof be taken, nor shall the same be made public until after the final adjournment of this Convention, except in pursuance of a vote authorizing their publication. Mr. Tollock, of Pennsylvania, moved to lay the resolution upon tho table. A vote by States was taken. Ayes — Connecticut, Rhode Island, New Jersey, Delaware, Maryland, KcritucAV, Tennessee, North Carolina, Missouri, Vir!,nnia, and Pennsylvania — 11. Noes — Maine, Vermont, New Hamoshire, Massachusetts, Indiana, Illinois, Iowa, and New York— 8. Ohio, being divided, did not vote. The motion to lay upon the table was thereupon declared carried. Mr. Tuck, of New Hampshire, presented the following address and res- olutions; which Avere read, and on motion, ordered to be laid on the table and printed : To THE People of the U.vited States : This Convention of Conference, composed in part of commissioners appointed in accordance with the legislative action of sundry States, and in part of commisai'iners anpointed by the Gov- ernors of sundry other States, in compliance with an invitation by the (General Assembly of Virginia, met in Washington on the 4th February, 1861. Although constitutin<; a body luiknowu to ttie Constitution and laws, yet being delegated for the purpose, and having carefully consid- ered the existing dangers and dissensions, and having brought their proceedings to a close, pub- lish this addresi, and the accompanying resolution*, as the result of their deliberations. We recognize and deplore the divisions and distractions which now afflict our country, inter- rupt its prosperity, disturb its peace, and endanger the Union of the States ; but we rei)el tlie conclusion that any alienations or dissensions exist which are irreconcilable, which justify attempts at revolution, or which the patriotism and fraternal sentiments of the people, and the interests and honor of the whole nation, will not overcome. 42 PEACE CONFERENCE REPORT. Ill a country embracinpj the central and most important portion of a continent, among a people jJow numbering over thirty millions, diversities of opinion ineritably exist ; and rivfilries, inten- sified at times by local interests and sectional attachments, must often occur ; yet we do not doubt that the theory of our government is the best which is possible for this nation, that the Union of the States is of vital importance, and that the Constitution, which expresses the com- bined wisdom of the illustrious founders of the government, is still the palladium of our liber- ties, adequate to every emergency, and justly entitled to the support of every good citizen. It embraces, in its provisions and spirit, all the defense and protection which any section of ^e country can rightfully demand, or honorably concede. Adopted with primary reference to the wants of five millions of people, but with the wisest reference to future expansion and development, it has carried us onward with a rapid increase of numbers, an accumulation of wealth, and a degree of happiness and general prosperity never attained by any nation. Whatever branch of industry, or Avhatever staple production shall become, ip the possible cjianges of the future, the leading interest of the country, thereby creating unforeseen compli- cations or new conflicts of opinion and interest, the Constitution of the United States, properly understood, and faii'ly enforced, is equal to every exigency, a shield and defense to all in every time of neeil. If, however, by reason of a change in circumstance, or for any cause, a portion Of the people believe they ougkt to have their rigtus more exactly defined or more fully explained ifl the Constitution, it is their duty, in accordance with its provisions, to seek a remedy by way Ojf amendment to that instrument ; and it is the duty of all the States to concur in such amend- ments as may be found necessary to insure equal and exact justice to all. In order, therefore, to announce to the country the sentiments of this Convention, respecting not only the remedy which shoidd be sought for existing discontents, but also to connnunicate to tJie public what we believe to be the patriotic sentiment of the country, we adopt the following resolutions : 1st. Resolved, That this Convention recognize the well understood proposition that the Consti- tution of the United States gives no power to Congress, or any branch of the Federal Govern- inent to interfere in any manner with slavery in any of the States ; and we are assured, by itbundiint testimony, that neither of the great political organizations existing in the country con- templates a violation of the spirit of the Constitution in this regard, or the procuring of any ajnendment thereof, by which Congress, or any department of the General Government, shall C[Ver have jurisdiction over slavery in any of the States. 2d. Resolved, That the Constitution was ordained and established, as set forth in the preamble, Ijy the people of the United States, in order to form a more perfect Union, establish juslice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to tkemselves and their posterity; and when the people of any St«te are not in full enjoyment of all the benefits intended to be secured to them by the Constitution, or their rights under it are disregarded, their tranquility disturbed, their prosperity retarded, or their liberty imperiled by the people of any other State, full and adequate redress can and ought to ba provided tor such grievances. 3d. Rcsolvi'd, That this Convention recommend to the Legislatures of the several States of the Union to follow the example of the Legislatures of the States of Kentucky and of Illinois, in apf lying to Congress to call a Convention for the proposing of amendments to the Constitutioa of the United States, pursuant to the fifth article thereof. • Mr. GJuthrie ofiered. the following resolution, which Avas adopted: Resolved, That if the President shall choose to speak on any question, he may for the occasion oflll any member to preside. Mr. Meredith gave notice of his intent to otfer a proposition, as follows; \yhich was read, laid upon the table, and Ordered to be printed : Article — . That Congress shall divide all the territory of the United States into convenient T(f)rtions, each containing not less than sixty thousand scpiare miles, and shall establish in each a Territorial Government ; the several Territorial Legislatures, whether heretofore constituted or hereafter to be constituted, shall have all the legislative powers now vested in the raspective States of this Union ; and whenever any Territory, having a population sufficient, according to tlie ratio existing at the time, to entitle it to one member of Congress, shall form a republisan asnstitution, and apply to Congress for admission as a State, Congress shall admit the same as a fctate accordinfily. Mr. Wickliffe moved that the journal of the Convention up to the present day be printed. Mr. Goodrich moved to amend, by inserting "that it be printed from daj to day;" which amendment was adopted, and the resolution, as amended, passed. ' PEACE CONFERENCE REPORT. 43 The order of the day havinc; been called, Mr. Johnson moved the adoption of the aiuendincntH submitted by him Clfe the IGth. ls\i-. J'eid, of North Carolina, moved to add to the proposed anuMidincnt 0f Mr. Johnson the words ''and future;" whereupon a vote was taken \)y States, with the following result: Ayes — New Jersey, Delaware, Marj^laiul, Kentucky, Tennessee, North Carolina, Mis.sourl, tbd Virginia — 8. Noes — \'erniont, Maine, New Ilampibire, Miiesaclmsetts, Connecticut, Klioile IsIanJ, Oliiq, •Indiana, Illinois, Pennsylvania, New York, and Iowa — 12. So the amendment was lost. A debate ensuetl on the amendment of Mr. Johnpon, wliieh was adopted] ^G first section of the majority report, as amended, reading as iollows: Sec. 1. In all the present territory of the United States, not embraced within the liniit." of th» Cfherokee treaty jrrant, north of a line i'roni east to west, on the parallel of :;6 dejjreea ."^0 min* ptes north latiiude, involuntary servitude, except in punis-luncnt of crime, is prohil:)iteil whilst U iiall be under a Territorial government; and in all the present territory south of said line, &0. The Convention, on motion, adjourned at 4, V. M. Washington City, February 10, 18G1. Convention met at 11, A. M., pursuant to adjournment. President Tylcf -fij the chair. Proceedings opened b}^ prayer. The journal of proceedings was read, amended, and approved. Mr. Summers, from the Committee on Credentials, reported that thd f^'mmittee had received the credentials of the Hon. Francis Granger, as a mmissioner of the State of New York, in the place of Addison Gardiner ; i^jd the list of members was altered accordingly. Mr. Wicklitfe called np the following resolution, heretofore offered by lum, and laid upon the table : . Resolved, That in the discussions which may take place in this Convention upon any questionsi, »0 meurber shall be allowed to speak longer than thirty minutes. ilr. Davis, of North Carolina, moved to amend, by striking out tliirfy niirnde.^, and inserting ttm 7ninufcs. Mr. (.'aruthers moved further to amend by adding the fallowing: "And that all debates shall cease at 3 o'clock today, and the vote taken on such amendments 1^ may be offered, and then on the report." It was moved to hi}' "the Avhole subject u]ion the table." A division was called for, the result of Avhich was as follows: — ayes 49, nays 51. So tlie motion to lay on the table was not agreed to. Mr. Randolph, of New Jersey, olfered the following, as a substitute for tiie resolution and amendments: Rrsohed, That this Convention will hold two sessions daily, tIz: From 10 o'clock. A- M., to 4 o'clock, P. M.; and from B to 10 o'clock, P. M.; and that no motion to adjourn pr-or »o said hours of 4 and 10, P. il., shall be in order, if objection 1)0 mnde; and that on Thursday next, i\ 12 o'clock, noon, all debate shall cease, and the Convention proceed to vote upon the (lue** tions or propositions before them in th«ir order. After debate, the whole subject was, on motion of Mr. ^lorehead, of ]S5^orth Carolina, laid upon the table until 10 o'clock, A. M., to-morrow. 3Ir. Rufiin, of North Carolina, gave notice of his intention to offer cer- t§jj.n amendments to the majorit}- report of the committee. 44 PEACE CONFERENCE REPORT. A motion was made tliat when this Convention adjourns it adjourn Vo meet at ten o'clock, A. M. An amendment was offered to insert half-past ten. A further amendment was proposed to adjourn to half-past seven this P. M. The resolution and amendments were subsequently withdrawn; whereupon the motion to adjourn to ten o'clock, A. M., was renewed, pend- ing a vote upon which a motion was made to adjourn, and declared car- ried. Washington City, February 20, 1801. Convention met at ten o'clock. President T^der in the chair. After prayer by the Eev. Dr. Samson, the journal of yesterday was read ^nd approved. Mr. llarris, of Yermont, offered the following preamble and resolutions j ■which were read, ordered to be printed, "and laid on the table: Whereas, The Federal Constitution, and the laws made in pursuance thereof, are the supieiu* law of the land, and should command the willing obedience of all good citizens; and whereas it is alle,t;:ed that sundry States have enacted laws repugnant thereto; therefore, Resolved, That this Convention respectfully requests the several States to revise their respective enactments, and to modify or repeal any laws which may be fouad to be in conilict with th» Constitution and laws of the United States. Resohed, That the President of this Convention is requested to send a copy of the foregoing preamble and resolution to the Governor of each of the States, with the request that the sani» be communicated to the Legislature thereof. Mr. Eandolph called up the resolutions yesterday laid upon the tabl<^ and the question was taken on striking out the latter clause of Mr. Ran- dol ■>h's substitute for Mr. AYickliffe's resolution, and the amendments offered thereto. A vote by States was ordered and taken, with the follow- ing result : Ayes— Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, Maryland, New York, New Hampshire, Ohio, Pennsylvania and Vermont — 12. Noes— Delaware, Kentucky, Missouri, New Jersey, North Carolina, Rhode Island, Tenness^ti, and Virginia — 8. So the clause was stricken out. Mr. Clay moved to lay the original and amendments upon the table. A vote by States being called for by Mr. Chase, resulted as follows : Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Harrtp- shire, Vermont, Virginia — 10. Noes— Delaware, Maryland, Missouri, New Jersey, North Carolina, Ohio, PennBylvauJAi Rhode Island, Tennessee — 9. The resolution and amendments were laid on the table. Mr. Wickliffe gave notice of his intention to move, on Thursday, to close the debate on the report of the Committee on Propositions and Eesolutions from and after the 21st, in order to take a vote on the 22d, the birth-day of AV^ashington. The Convention proceeded to consider the report of the Committee on Propositions and Pesolutions. Mr. Smith, of New York, having the floor, gave way to a motion to a-d^ journ. Adjourned to ten o'clock, Pebruary 21. TEACK CONFERENCE REPORT. 45 Wasiunoton City, February 21, ISlJl. Convent ion met pursuant to adjournment. President Tyler in the cluiir. The Convention was opened l)y pra^ycr from the licv. Mr. Stockton. Tlie journal was read and ajiproved. Mr. ('liase, of Ohio, presented the following resolutioiis, which woro road, ordered to be printed, and laid upon the tabic : Resolved, That it is inexpedient to proceed to final action on tlie grave and important mattcm involved in tlie resolutions of the State of Vir^^'inia, in compliance with which tliis Convention has assembled, and in the !?everal reports of t".,e majority and minorities of tlie committee to wliicli Baid resolutions were referred, until opportunity has been given to all tin; Stales to participate in deliberation and action upon them, and ample time has been allowed for such deliberation and action. Resohed, therefore, That this Convention adjourn to meet in the City of Washington on the 4th day of April next ; and that tlie President be requested to address a letter to the Govern- ors of the several States not now represented in this body, urging the appointment and attend- ance of commissioners. Mr. AVicklifie, pursuant to his motion of yesterday, offered and asked the adoption of the following resolutions: Resoheil, 1st. That at one o'clock, the 2i2d February, ISGl, all debate upon tlie report of the committee of one from each State shall cease, and the Convention will proceed to vote, and con- tinue to vote until the whole subject shall have been disposed of. 2d. If an amendment be offered by the commissioners of any State, or minority of such com- missioners, live minutes is allowed for explanation, and the like time is allowed to the committee to resist the amendment, if they desire to do so, and the mover of the amendment, or any member of the same State, may have live minutes for reply, 3d. A motion to strike out and insert shall not be divided. Which several resolutions were agreed to. Mr. Dent, of Maryland, offered atid asked the adoption of the following rule : When the vote on any question is taken by States, any Commissioner dissenting from the vote of his State may have his dissent entered on the Journal. Mr. Chase, of Ohio, offered the following as a substitute for Mr. Dent's rule : The yeas and nays of the Commissioners of each State, upon any question, shall be entered upon tlie Journal when it is desired by any Commissioner, and the vote of each State shall be determined by the majority of Commissioners present from each State. The question being upon the adoption of the substitute, tlie same was rejected. The c[ucstion recurring upon the original rule of Mr. Dont, it was adopted. Mr. Bronson, of New York, moved that this Convention have a night session, and that when the Convention adjourn it shall adjourn to half-past seven o'clock this evening. Mr. Chase called for a vote by Slates as to a night session, which resulted as follows : Ayes — Delaware, Illinois, Kentucky, INIaryland, Missouri, New Jersey, New York, North Carolina, New Hampshire, Pennsylvania, Rhode Island, Tennessee, Virginia — 13. Noes — Connecticut, Indiana, Iowa, Maine, Massachusetts, Ohio, Vermont — 7. So the motion was carried. Mr. Wilinot, of Pennsylvania, gave notice lie should otlVr an amend- ment, as follows, to the report of the Committee on Propositions and ^Resolutions; which was read, laid on the table, and ordered to ])e printed: And Congress shall further provide by law, that the United States shall make full compensa- tion to a citizen of any State, who in any other State shall sufl'er, by reason of violence or in- timidation from mobs and riotous assemblies, in his person or property, or in the deprivation by violence, of his rights secured by this Constitution. 46 PEACE CONFERENCE REPORT. Mr. Coalter, of Missouri, gave notioe that he ehoiikl offer, as an aracndi- merit to the same report, the following; which was read, laid on the tabla> and ordered to be printed : The term of office of all Presidents and Vice Presidents of the United States, hereafter electel, shall be six years ; and any person once elected to either of said offices, shall ever aftof be ineligible to the same office. Mr. Bronson, of I^ew York, gave notice that he should offer, as an amendment to the same report, the follovriog; which was read, laid on th» tabic, and ordered to be printed: Congress shall have no power to legislate in respect to persons held to service or labor in any case, except to provide for the rendition of fugitives from such service or labor, and to siippre** the foreign slave trade ; and the existing; status or condition of all the Territories of the United States, in respect to persons held to service or labor, shall remain unchanged during their terri- torial condition ; and whenever any Territory, with suitable boundaries, shall cont-iin the popular tion requisite for a representative in Congress, according to the then federal ratio of representa*- tion, it shall be entitled to admission into the Union on an equal footing with the original States^ with or without persons held to service or labor, as the Coustituiiun of such new State m4y prescribe. , k Mr. Hitchcock, of Ohio, gave notice that he should offer, as an amend- ment to the same report, the following ; which was laid on the table, and ordered to be printed : Strike out Section 3, and insert the three following : Section 3. The Congress shall have no power to regulate, abolish, or control within any Stafe the relations established or recognized by the laws thereof, touching persons held to service or labor therein. Section 4. The Congress shall have no power to discharge any person held to service or labor from such service or labor in the District of Columbia, under the laws thereof, or to impair any rights pertaining to that relation under the laws now in force within the said District, without thte consent of the State of Maryland, 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 merflbera of Congress, and officers of the Federal Government, whose duties retjuire them to be in said Dis- trict, 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. Section 5. The Congress shall have no power to prohibit the removal or tran?portation, by laud, sea, or river, 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 ser- vice is established or recognized by law ; and the right during such transportation of touching at ports, shores, and landings, and of landing in case of distress, shall exist ; nor shall the Con- gress have power to authorize any higher rate of taxation on persons held to service or labot than on land. Strike out Section 7, and insert — Section 9. Tlie Congress sliall provide by law, that in all case? 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 force, 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. The Convention proceeded to the consideration of the report of th& Committee on Propositions and Resolutions. At half-past four, Mr. Chittenden having the floor, gave way to a motion to adjourn. Tlie Convention adjourned to half-past seven o'clock P. M., February 21st. EVENING SESSION. Convention met pursuant to adjournment at seven and a half o'clock P. M. PEACE CONFEIIENCE REPORT. 47 Tho Convention proceeded to tlio consideration of the report of Iho Cominittec on Propositions and Resolutions. At twelve o'clock Mv. Pollock, of Pennsylvania, ^ave way to a nuAioii to adjourn. The Convention adjourned to ten o'clock A. M., February 22. AVasiiington City, February 22, 1801. Convention met pursuant to adjournment. President Tyler in tli» chair. Convention opened by prayer. Tho journal of proceedings was road and approved. On motion of Mr. Wicklitfo, the President was authorized to appoint a committee of three upon the subject of finance and printing. The President appointed as such committee : Mr. Johnson, of Maryland} Mr. Pollock, of Pennsylvania; and Mr. Granger, of New York. Mr. Turner, of Illinois, offered {ind moved the adoption of the fol- lowing : Resolved, That the time fixed upon to commenco voting upon the questions before this Conyeh- tion be postponed until Monday, February 25th, at 12 o'clock M. A motion to lay the resolution on the table was lost by the following vote: Ayes — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Pt'nn;;ylvania, Rhode Island, Tennessee, and Virginia — 10. NoEB— Counecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- shire. Ohio, and Vermont — 10. The resolution was withdrawn, and Mr. Chase, of Ohio, offered tlio samo resolution. Mr. Backus, of Ohio, offered the following substitute: 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 accepted this in substitution of his own. . A motion by Mr. Wickliffe to lay on the table resulted in the following vote: Ayes— Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, Tennessee, and Virginia — 9. Noes— Counecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Ilamp- ihire, Ohio, Pennsylvania, and Vermont — 11. The Convention refused to lay on the table. The question recurring as to'^the adoption of said resolution, tho same prevailed by the following vote. Ayes— Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- shire, Ohio, Pennsylvania, and Vermont — 11. Noes- Delaware, Kentucky, xMaryland, .Missouri, New Jersey, North Carolina. Rhode IsL'^nO, Tennesste, Virginia — 9. Mr. Summers, from the Committee on Credentials, reported that tho credential of J. C. Stone, as delegate from Kansas, had been duly submit- ted to them, examined, and approved, and he was reported as a delcgato from that State. Tho order of the day being tho report of the Committee on Propositions and Resolutions, the Convention proceeded to tho consideration of the same durinir the time allotted. 48 PEACE CONFERENCE REPORT. Ml*. Field, of New York, rose to a, question of privilege in regard to tlio adoption of the report of the Committee on Credentials, admitting the member from Kansas. Mr. F. -suggested that ho was informed that the credential was issued by those not authorized to do so. Mr. F. moved a reconsideration of the agreement to said report. The motion was carried by the following vote: Aye? — Delaware, Kentucky, IMarvland, Missouri, New Jersey, North Carolina, Pennsylvania, Rhode Island, Tennessee, Virginia — 10. Noes — Connecticut, Illinois, Indiana, Maine Massachusetts, New York, New Hampshire, Ohio, Vermont — 9. By general consent the delegate fi'oni lov.^a was asked to make his own statement as to the authenticity of said instrument. Mr. Stone stated that the credential was regularly issued, and the axithor- ities who executed the same were, under the Constitution of Kansas, the proper authorities; that neither the instrument nor the appointment had been questioned. Mr. Field, of New York, moved the adoj^tion of the following: Resolved, That tho credentials of Mr. Stone, who desires to act as a Commissioner from Kan- sas, be rei'erred back to the Committee on Credentials, to report the facts concerning his appoint- ment, and whether it proceeded from the Territorial Secretary. Which resolution was carried. According to previous order, the Convention proceeded to consider and v^te on the report of the committee of one from each State, as submitted by Mr. Guthrie, and the amendment submitted. The question being on the adoption of the first section of said report, as follows : ARTICLE XIII. 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 degrees .30 minutes north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst it shall be under a territorial government ; and in all the present territory south of said line, the stitus 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 gov- ernment 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 rela- tions, vihich shall be subject to judicial cognizance in the federal courts, according to the com- mon 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 governmint be republican, be admit- ted into the Union on an equal footing with the original States, with or without involuntary ser- vice 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 Con"-ress 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, retain- ino- and taking away, persons so bound to labor; nor the power to interfere with or abolish invol- unlarv 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 anv State or Territory of the United States to any other State or TeiTitory 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 Lave power to authorize any higher rate of taxation on persons bound to labor than on land. PEACE CONFERENCE REPORT. i.% SF.(moN 4. The thinl parairraph of tlio secoiul section of tlic fomlli article of tlic C'ntistitutioi Bliall not beeoustriied to prevent any of llie Slates by ajipropiiate ligislation, an.l tlirou^'h tli« action of tlieir judicial ami uiini.-;tcrial oflicers, from enforcing the Uelivery of fugiii»e.s from labor to the person to whom such service or labor is tluc. Skction 5. The foreign slave trade and the inijiortation of slaves into the United States and tlieir TeiTitories, from places beyond the present limits thereof, are forever prohibited. Skction 6. The lirst, third, and fifth sections, together with this section six of these amend- ments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph of tlie second section of the fourth article thereof, shall not be amended or abolisliod without the consent of all the States. SrcTioN 7. Con^ress shall provide by law that the United States shall pay to the owner th« full value of his fugitive from labor, in all cases where the marshal, or other odicer, 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 fuj;itivc was rescued by force, ami tha owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of such fugitive. Mr. Soddon, of Viri!;ini:i, inovtMl to amend tlio 1st section of said i-eport b}' insei-tini>: after the word line, in clause "and in all the present territory south of said line,"' found in the r)th line, the following words, '• including the Cherokee grant." Mr. Fowler, of New Hampshire, moved to amend the amendnu'nt of Mr. Rcddon, by substituting the word e.fdi'tli/uj for inrladliKj, Avhieh prevailed by the following vote : Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Ilamp- Bliire, Ohio, Pennsylvania, Vermont — 11. ]VoKs— Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, Tennessee, Virginia — 'J. The question recurring on the adoption of the amendment of Mr. Sed- don, as amended, the same was lost by the following vote : AvES— Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Ilamp- ehire, Ohio, and Vermont — Id. Noes— Delaware, Kentucky, Maryland, Missouri, New Jereey, North Carolina, Pennsylvania^ Rhode Island, Tennessee, and Virginia — 10. The question recurring as to the adoption of the original report — Mr. lieid, of North Carolina, moved to amend said lirst section, in th« seventh line, by inserting after the word ''line," at the end of the claut^e, "and in all the present territory south of said line," the Avords, "involun- tary 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" — which amendment was lost b}- th« following vote: Ayes — Virginia, North Carolina, and Missouri — 3. Noes— Maine, New Ilampshirc, Vermont, Massachusetts, Rhode Island, Connecticut, New- York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana* Illinois, and Iowa — 17. The following gentlemen, dissenting from the vote of their States, asked to have their names recorded as voting: Mr. Clay and Mr. J3utler, of Kentucky, and Mr. Dent, Maryland, aye. The quVstion recurring on the original section as reported, Mr. Franklin^ of Pennsvlvania, movcd'to amend the first section by striking out there- from all after the words "United States" in the first line, and insert in place thereof — "Not embraced bv the Cherokee treaty, north of the parallel of thirty-six degrees and tliirtj minutes of north latitude, iuvoluutarv servitude, except in punishment of crime, is prohibited. In all the present tenitorv south of that line, the status of persons held to service or labor, as it DOW exists, shall not be changed; nor shall any law be passed to hinder or prevent the taking uf fiuch persons to said territorv, nor to impair the rights arising from said relation; but the same shall be subject to judiciarcognizance in the federal courts, according to the common law. 7 1^ PEACE CONFERENCE REPORT. When any territory north or goulli of said lino, witliin such boundary as Congress mny prescribe, jshal! contain a population equal to that required for a member of Congress, it sluill, if its form of govcniment 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. Curtis, of Iowa, moved to amend the amendment of Mr. Franklin hj striking out all after the word "prohibited," (found in the third line,) down to, and including, the words "common law," (found in the eighth line,) and inserting in the place thereof, "but this restriction shall not apply to territory now held south of that lino." Pending the consideration of which, the Convention adjourned to ten •'clock, the 23d of February. Washington City, February 23t/, 18G1. Convention met pursuant to adjouimment. President Tyler in the chair. The proceedings were opened by prayer from the Eev. Dr. Butler. Mr. Vandever, of Iowa, offered and moved the adoption of the follow- ing: Rcsohrd, That whatever may be the ultimate determination upon the r.mondmfnts of the Federal Constitution, or other propositions for adjustment approved by this Convention, we, Ihe members, do recommend our respective States and constituencies to faithfully abide in tha Bniou. It was moved to lay the resolution on the table, and resulted in the fol- lowing vote : Ayes — Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caro- lina, Tennessee, Kentucky, Missouri, Ohio — 11. Noes — Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Inaiaua, Eliuois, Iowa — i). So the resolution was laid on the table. The Convention proceeded to the consideration of the order of the day, being Mr. Curtis' amendment to Mr. .Franklin's amendment to the first section of tlie report of the Committee on Propositions and Pcsolutions. The question on the adoption of said amcndmentof Mr. Curtis to strike •ut and insert, being taken, resulted in the following vote: Ayes — Maine, Vermont, Massachusetts, Connecticut, New York, Iowa — 6. Noes — New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Vir- ginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio — 12. So the amendment was not agreed to. The following gentlemen dissented from the vote of their States : Amos Tuck, of New Hampshire. Erastus Corning, of New York. ' . Francis Granger, of New York. Greene C. Bronson, of New York. William E. Dodge, of New York. David Wilmot, of Pennsylvania. C. P. Wolcott, of Ohio. Mr. Bronson moved the adoption of thei following : Resolved, Whereas, John E. Wool, a delegate from New York, is unable to attend the Con- vention from sickness, therefore, that he be permitted, when he does attend, or by commuuica- N,, KB— Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caf- olina, Tennessee, Kentucky, Missouri, Ohio — II. »So the amendment was not agreed to. Mr. Turner movc-d to amend Mr. Franklin's amendment in the oth line, by inserting the word "encourage" after the word "prevent," (occurring in tho clause, "hinder or prevent the taking of such persons.") The question on agreeing to said amendment resulted in the following vote : Ayes— Maine, New 11 imp^hire, Vermont, Massachusetts, Rhode Island, Connecticut, New- York, Intiiana, Illinois, Iowa — lO N,^Ps_>^ew Jersey, P.Minsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, -Kentucky, Missouri, Ohio — 10. So the amendment was not agreed to. Mr. Goodrich, of Massachusetts, moved to amend Mr. Franklin's amcnd- mont, by striking out from the first line, tho words following: "not em- braced by tho Cherokee treaty." The question on agreeing to said amondmont resulted in the following vote : Ayes— Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York. Pennsyl- vania, Ohio, Indiana, Illinois, Iowa — II. Noes— Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri — "J. 8o tho amendment was acrroed to. > Mr. Seddon, in behalf of President Tyler, moved to amend the amend- ment of Mr. Franklin, by inserting at the close of said amendment, so &s to follow after the clause relating to division of territory, tho following: 52 PEACE CONFERENCE REPORT. All appointments to office in the territories Ij'ing north of the IJne 36 degrees and 30 minutes, as well before as after the establishment of Territorial governments in and over the same, or any part thereof, shall be made upon the recommendation of a majority of the Senators repre- senting at the time the non-slaveholding States. And iu like manner, all appointments to office in the territories which may lie south of said line of 36 degrees and 30 minutes shall be made upon the recommendation of a majority of the Senators representing at the time the slavehold- io"- States. But nothing in this article'shall be construed to restrain the President of the United States from removing, for actual incompetency or misdemeanor in office, any person thus ap- pointed, and appointing a temporary agent, to be continued in office until the majority of Sena- tors as aforesaid may present a new recommendation, or from tilling any vacancy which may occur during the recess of the Senate, such appointment to continue ad interim. And to insure on the part of the Senators the selection of the most trustworthy agents, it is hereby directed that all the net proceeds arising from the sales of the public lands shall be distributed annually amon"- the several States, according to the combined ratio of representation a)id taxation ; but the distribution aforesaid may be suspended by Congress in case of actual war with a foreign nation, or imminent peril thereof. Ey unanimous consent, the rule was suspended in reference to the ten minute rule in behalf of Mr. Tylei-, (President,) who proposed to address the Convention. The question on agreeing;- to the proposed amendment of Islv. Seddon. -was, on motion, divided, and the vote on the tirst part resulted as follows: Ayes — Maryland, Virginia, North Carolina, Kentucky, Missouri — 5. ]SfoEs — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Co:mecticut, New York, New Jersey, Pennsylvania, Tennessee, Ohio, Indiana, Illinois, Iowa — 14. So the first part of the proposed amendment was not agreed to. The gecond part was withdrawn. The following gentlemen dissented from the vote of their State : Eeverdy Johnson, of Maryland. Jno. W. Crisfield, of Maryland. Mr. McCurdy moved to amend the amendment of Mr. Franklin, by adding at the end thereof the words following: Provided, That nothing in this article shall be so construed as to carry any law of involuntary servitude into such Territory. The question on agreeing to said amendment rcsidted in the following vote : Ayes Maine, New Hampshire, Vermont, Massachusettg, Connecticut, New York, Iowa — 7 Noes — Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caro- lina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois— 13. So the amendment was not agreed to. The following gentleman dissented from the vote of his State: Mr. Orth, of Indiana. Mr. Chase moved that the Convention adjourn to. Monday. The question on agreeing to said motion resulted in the following vote : j\yes — Maine, Massachusetts, Connecticut, New York, Indiana — 5' ■ Noes— New Hampshire, Vermont, Rhode Island, New Jersey, Pennsylvania, Delaware, Mary- land, Virginia, North Carolina, Tennessee, Kentucky, Missouri— 12. So the Convention refused to adjourn. The question recurring on Mr. Franklin's amendment as amended, was determined by the following vote: Ayes Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Kentucky, Ohio, Indiana, Illinois— 14. Noes — Virginia, North Carolina, Tennessee, Missouri — 4. So the amendment of Mr. Franklin was agreed to. It was agreed unanimously, that President Tyler inform the Hon. A, Lincoln, (President elect of the United States,) that tlie members of this Convention would be happy to wait upon him at such time as woald suit PEACE CONFERENCE REPOKT. 53 Ills eonvcnicneo, and (hut the President inform this Convention of tlie result. On motion of Mr. Logan, the Convention adjourned to 7A P. M., Feb- niarv 2:?. Saturday Evening, 7^ o'clock. The Convention met pursuant to adjournment. Mr. Summers, from the Committee on Credentials, to whom ^vas reeom- mitted the report of said committee, as to J. C. Stone as a delegate from Ivansas, reported the san\e back Avithout amendment, and recommen-ded the admission of said member; which was agreed to. Mr. Summers, from the same committee, made u further report, that the credentials of the gentlemen hereafter named had been duly submitted to and examined b}' said committee, and Avere approved by them, and they reported and recommended them to be admitted us delegates: M. F. Conway, from Kansas. Henr}- J. Adams, from Kansas. Thos. Ewing. jr., from Kansas. Which Avas agreed to. The Convention jn-oeeedcd to the consideration of the order of the day, lieing the ado])tion of the 2d section of the report of Mr. Guthrie, from the Committee on Propositions, &c. Mr. Summers, of Virginia, moved the adoption of the following as an amendment: To strike out all of said section, and in place thereof, insert No territory shal! be acquired by the United State? without the concurrence of a majority of ■all the Senators from Stites which allow involuntary servitude, and a majority of all the Sena- tor, from States wliicl\ proliibit that relation; nor shall territory be ac(|uired 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-third majority necessary to the ratification of such treaty. Mr. Johnson, of Maryland, moved to amend the same by inserting, after the words "United States," in the first line, the words, "except by discov- ery, and for naval and commercial stations, depots, and transit routes." Which was accepted b)'' Mr. Summers. The question on the adoption of said amendment of Mr. Summers resulted in the following vote: AvEs — Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, Tenne-sce, Kentucky, Mij^souri — 9. NoE> — Maine, Vermont, Massachusetts, Connecticut, New York, Pennsylvania, Indiana, Illi- nois. Iowa, Kansas — 10. So the amendment was not agreed to. Mv. Guthrie, of Kentucky, moved the adoption of the following as an amendment; to strike out the second section, and substitute in place the following: '• Territory mav be acf|nired for naval and commercial stations, depot."?, and tran.-it routes, and by discovery, and for no other purposes, without the concurrence of four fifths of the Kenate." The question on the adoption of Mr. Guthrie's amendment resulted in the following vote: Ayes — New Ilamp-hire, Rliode I-land, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kent\K-ky, Ohio — 10. Noes — Maine, Vermont, M.issachusetts, New York, Virginia, North Carolina, Missouri, Indi- ana, Illinois, Iowa — 10. So the amendment was not aijreed to. §4 PEACE CONFERENCE REPORT. The following gentleman dissented from the vote of his State: E. M. Price, of New Jersey. Moved that the order of the day be suspended, in order to hear the report of the President in regard to the reception of Mr. Lincoln, the Pres- ident elect. Mr. Tyler informed the Convention that he had, according to request, communicated with Mr. Lincoln, tiie President elect, and that at nine o'clock, or any time thereafter, he would be happy to receive the members of the Convention. Mr. Wickliflfe, of Kentucky, moved that a committee of three be appointed by the President to make arrangements for the reception of the members of the Convention. The President appointed as such committee: Mr. Wickliife, of Kentucky; Mr. Field, of Kew York; Mr. Cha.se, of Ohio. Mr. McKennan, of Pennsylvania, moved a reconsideration of the vote on the amendment of Mr. Summer.s. Pending which, the proceedings were suspended to hear the report of the committee to ai-range for the reception of the members of the Conven- tion b^' Mr. Ijincoln, the President elect. Mr. Field, in behalf of said committee, reported that Mr. Lincoln was then desirous of receiving the members of the Convention, at his parlor. Mr. £\ving moved that the Convention adjourn to Monday, at 10 o'clock, A.M. Washington City, Fehmary 25, 1861. The Convention met pursuant to adjournment. President Tyler in the The proceedings were opened by prayer from the liev. JMr. Smith. The journal of the 23d was read and approved. Mr. ilackleman, on behalf of Indiana, asked to record the vote of that State on the amendment of Mr. Curtis, voted on on the 23d inst. Leave was granted. Voted: recorded as of that day. The President informed the Convention tliat he had received certain resolutions, purporting to emanate from the Democratic State Convention of Pennsylvania, which he was asked to present, which he accordingly did, and requested to know what action the Convention would take on the game. Mr. Clay, of Kentucky, stated, that as the Convention had not received or acted on any mere party proposition, he moved to lay the proceedings on the table. "Which was agreed to. Mr. Brockenbrough, of Virginia, presented certain amendments, which he proposed to olfer'at the proper time, and which he road and asked to have printed. (These have not been sent to the Secretary.) The order of the day being the reconsideration of the vote taken on the 23d on the amendment proposed by Mr. Summers, the same, by general consent, was passed informally for the present, subject to call. The Convention proceeded to the consideration of the third section of Mr. Guthrie's report. PEACE CONFERENCE REPORT. 5S Mr. Cliitliric rnovccl to tinicnd said report, in the l'>lh lino (jf thin report, by strikini;' out the words, "by land, soa, or river." "Which was agreed to. Mr. tiuthric moved to amend tl\e same section, in tlie IHth line of thii journal, after the Avord 'transportation," and insert '-by sea (jr river." Which was aij;reed to. ^rr. Ilitchcoclv, of Ohio, moved to amend said section by strikini; out all after the woi-d "give," in the 2d line of this journal, and insert: Strike out Section 3, and insert tlie three following : Section '^. Neither the Constitution, nor any amendment thereof, fhall be construed to pive t» Congress power to rcculate, abolisli, or control, wiihin any State, tlie lelatiuns establislicd op recognizeii by the law.^ thereof, touchin£: ijersons IitUl to service or labor theicin. Section 4. Ci>n.n;ress shall havo no power to discharge any peison iield to service or labor ia the District of Coiumbia, under the laws thereof, from such service or labor, or to impair anj 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 ju-t compensation therefor ; nor the power to iuteri'ere with, or prohibit, members of Congress, and oflicers of tlie ['Y'dcral Governinent, wliosa duties ret, such fugitive shall b« rescued by like violence, and the party to wlioin such service or labor is due shall thereby be deprived of the same, the United States shall pay to such p.irty the full value of such service or labor. Mr. Janies moved to amend the amendmout of Mr. Hitchcock by strik- ing out, and inserting : 1st. No amendment shall be made to the Constitution which will authorize or give to Congresi the power to .bolish or interfere, within any State, with the domestic institutions thereof, includ- ing that of persons held to labor or service by itie laws of said State. The question on the adoption of said amendment resulted in tlie follow- ing vote : AvEs— Miine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Indi- ana — 7. ^ Noes— Rhide I-land, New Jersey, Pennsylvania, Del iware, Maryland, Virginia, ^orth Caro- liua, Teiuics-ee, Kentucky, Missouri, Ohio, Illinois, Kansas — 13 So the amendment was not agreed to. Mr. Wood dissented from the vote of his State. Mr. Baldwin moved to amend the amendment of Mr. Ilitchcock by fitriking out the words, "nor shall Congress have the power to aiit!ioriz« any higher rate of taxation on persons held to service or labor than on land " Mr. II. withdrew his proposed amendment for the present. Mr. Sedrlon moved to amend the third section of the original report in the third line, by inserting after the word "State," the words, "obstruct, hinder, or prevent." 56 PEACE CONFERENCE REPORT. The question on the adoption of this amendment resulted in the follow- ing vote : Ayes — Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri — 6. Noes — Maine, New Hanipsiiire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Ohio, Indiana, Illinois, Kentucky — 14. So the amendment was not agreed to. Mr. Seddon moved to amend the third section of the report b}' striking eut the "City of Washington," in the ninth line, (this report.) and insert "District of Columbia." Which was agreed to. Mr. Seddon offered to amend the third section of the report by inserting the words -'and Virginia," after the words "District of Columbia," in tha ninth line, (of this report,) as substituted as per last agreement. The cjuestion on agreeing to said amendment resulted in the following Tote : Ayes — Maryland, Virfrinia, North Carolina, Tennessee, Missouri — 5. Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Kentucky, Ohio, Indiana, Illinois, Kansas — 14. So the amendment was not agreed to. Mr. Seddon moved to amend the third section by inserting after the word "exist," in the seventeenth line (of this report,) these words : "And if the transportation be by sea, the right of property in the person held to service or labor shall be protected by the Federal Government as other property." The question on agreeing to said amendment resulted in the following rote : Ayes — Virginia, North Carolina, Tennessee, Missouri — 4. Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New- York, New Jersey, Pennsylvania, Delaware, Maryland, Kentucky, Ohio, Indiana, Illinois, Iowa, Kansas — 17. So the amendment was not agreed to. The following gentlemen dissented from the vote of their State : Mr. Doniphan, Mr. Johnson, of Missouri. . Mr. Dent, Mr. Crisfield, of Maryland. Mr. Clay, Mr. Butler, of Kentucky. Mr. Seddon moved to amend the third section by inserting after the* word "exist," in the seventeenth line, as above, the following: "And the rights of transit by persons holding those of the African race to labor or service, in and through the States not recognizing the relations of persons held to labor or service, in passing with them from one State or Territory recognizing such relations to another, shall be secure." The question on agreeing to said amendment resulted in the following rote: Ayes — Virginia, North Carolina, Kentucky, Missouri — 4. Noes — .Maine, New Hampshire, Vermont,, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Ohio, Indiana, Illinois, Iowa, Kansas — 17. So the amendment was not agreed to. Mr. Seddon moved to amend the third section by inserting in the fourth line, (of this report,) after the word " touching," tlie following words: "The relations existing between master and slave." The question on agreeing to said amendment resulted in the following TOte: Ayes — Virginia, North Carolina, Missouri — 3 . PEACE CONFERENCE REPORT. 57 Nors- — ^.Inine, Ni-w Il.impsliiro, Vermont, Miis^nclmsctts, Rliodc Ishuid, ConnccticiO, Ni-w Ymk, N\\v Joist'v, reiiiisylviiiiia, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana, Illinois, Iowa, Kansas — 18. So tlu" aiuoiKlmciit was not agreed (o. The luUowiiig gentlemen dissented IVoin the vote of tl\eir Stute : Mr. Alexander, of New Jersey. Mr. J)ent, of ^laryland. Mr. Clay, of Kenhicky. Mr. TTall, of Vermont, moved to amend the third section of said i-eport in the lOtli line, (this report,) b}' striking out the word ^'nor," and insert- ing in place thereof, '-but the bringing into said District of persons held to service for the purjiose of being sold, or placed in depot to be afterwards transferred to any other place to be sold as merchandise, is foi-evcr pro- hibited, and Congress may pass all necessary laws to make this prohibition otfectual; nor shall Congress have" — The question on agreeing to said amendment resulted in the following vote : Ayks — ]\Taine, New Ilampshiro, Vermont, Massachusetts, Connecticut, New York, Ohio, Intliana, Illinois, Iowa, Kansas — II. »• Noes — Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Car- olina, Tennessee, Kentucky, Missouri — 10. So the amendment was agreed to. The following gentlemen dissented from the vote of their State: Mr. Hoppin, Mr. Brown, of Ithode Island. Mr. McCui'dy, moved to amend said third section, by inserting, at the close thereof, the following words: " Provided, that nothing in this section shall be so construed as to prevent any f?tate in wjiich involuntary servitude is prohibited, from restraining by law the transfer of such persons, or of finy right or interest in tlieir services, from one individual to another, within the limits of such State." The (piestion on the adoption of said amendment resulted in the follow- ing vote: Ayes — Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Ohio, In- diana, Illinois, Iowa, Kinsis — 11. Noes — Rhode Island, New Jersej-, Pennsylvania, Dolaw-are, Maryland, Virginia, North Caro- lina, Tennessee, Kentucky, Missouri — 10. So the amendment was agreed to. The following gentlemen dissented from the vote of their State : Mr. Logan, of Illinois. Mr.' Palmer, of Illinois. Mr. Turner moved a reconsideration of the above vote, which was agreed to. The immediate consideration of said question was passed. Mr. Hitchcock proposed to insist on his amendment. Mr. Brown moved to lay the amendment of Mr. Hitchcock on the table. Which was agreed to. Mr. Baldwin moved to strike out all after the word "exist," in the ITth line. AVhich was not agreed to. Mr. Bates, of Delaware, moved to amend said section b}' striking out the word ••l);)u:iii." where it occurs in the -1th, lOtli, 19th lines, or otlier places, and insLTt '-held;" also to insert, alter the Avord "held," tlu; words "or service." Which were agreed to^ 8 58 " • TEACE CONFERENCE EEPORT. Mr. Groesl)eck moved to aiiienJ said .Id section bj striking out the same, and inserting in place thereof the following: Section 3. Congress shall have no power to abolish or control within any State tlie relations establishid or recognized by the laws thereof, respecting persons held to sei'vice or labor tlierein. Section 4. Congress shall have no power to legislate respecting the relation of service or labor in phices under its exclusive jurisdiction, but within States where tliat relation is establislied or recognized, and while it continue?, without the consent of such States; nor aboli.-h or impair such relation in the Districcof Columbia, without the consent of JMaryland, and compensation to persons to whom such service or labor is due. Section 5. Congress shall have no power to prohibit the removal, from any State or Territory, of persons held to service or labor therein, to any other State or Territory in which persons are 80 held ; and the right, during removal, of touching at ports, shores, and landings, and of land- ing in case of distress, shall exist, but not the right of transit in or through any'State or Terri- toi-y witiiout its consent. No higher rate of taxation shall be imposed on persons so held than on land. The question on the adoption of said amendment resulted in the follow- ing vote : Ayes— New Hampshire, Rhode Island, Connecticut, Pennsylvania, Delaware, Ohio, Indi- ana — 7. Noes — Maine, Vermont, Massachusetts, New York, New Jersey, Maryland, Virginia, North Carolina, Tennessee, Missouri, Illinois, Kansas — 12. So the amendment was not agreed to. Mr. Pollock moved to amend said section by inserting after the Avord "distress," in the 17th line of this report, " but not for sale or traffic." Which was agreed to. Mr. Yandever moved to amend said section by adding to the section the following : Provided nothing herein contained shall be so construed as to prevent any State from prohibit- ing the introduction as merchandise of persons held to service or labor, or to prevent such Stats from prohibiting the transit of persons so held to service or labor through its limits. The (jucstion on agreeing to said amendment resulted in the following vote : AvES — i\Iaine, Vermont, Massachusetts, Connecticut, New York, Indiana, Iowa — 7. Noes — New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, MuiyLrid, Vir- ginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Illinois, Kansas — 14. (So the amendment was not agreed to. Mr. Clay, of Kentucky, asked unanimous consent to introduce the Crit- tenden propositions. Which was not given. Mr. G-roesbeck moved to amend said third section by inserting after the •word "traffic," the words, '^'but not the right of transit in or througii any State or Territory without *its consent." Mr. Euffin moved to amend the amendment by substituting in lieu of the words, '-without its consent," the words, -'against its dissent." Which v.'as agreed to. Tiie question on agreeing to the amendment of Mr. Groesbeck resulted in the following vote: Ayes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jer.-ey, Pennsylvania, Oliio — 10. NoKs — Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Illi- nois — S. So the amendment was agreed to. The fullowing gentleman dissented from the vote of his State: Mr. Alexander, of New Jersey. PEACE CONFERENCE REPORT. 59* Mr. Crangcr moved that when the Convention adjourns it will adjourn to 7.V this evening. The question on the adjournment resulted in the fullowing vote: Avrs— M.iino, Now flampsliire, Vermont, Massachusetts, Connecticut, Nevr York, Pcuhsyl- Tjinia, 'reiine>see, Ohio, Indiana, Illimiis, Iowa, Kansas — 13. Nor.s— Rhode Ishmil, New Jersey, Dehnvaie, ftlarylaud, Kentucky, Missouii— G. So the Convention agreed to adjourn to 7^, P. M. On motion of Mr. Chase, the Convention then adjourned. Tlie Convention adjourned to 7^1, P. M. Febiutary 25, 7h, P. M. The Convention met pursuant to adjournment. Mr. Smith, of New York, proposed that a committee of two Lo appointed by the Chair to arrange for the printing of the journal. The Chair apjKnntcd — Mr. Sniith, of Xew York. Mr. Howard, of Maryland. The Convention proceeded to tlie consideration of the order of the day, being the third section of the report. Mr. Hitchcock moved to amend the third section hy striking out the words Vor territory of the United Stales," in the third line; also to strike out in the third and fourth lines, (this report,) the word -involuntary." The question on agreeing to said amendment resulted in the following vote: Ayks— Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Pennsyl- vaiiia, Ohii), Indiana, Kentuckv — 10. Noes— Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, lennc.-see, Kentucky, Missouri — 9. So the amendments were agreed to. Mr. Summers called up for consideration the amendment which had been proposed by him on the 28d, as amended by Mr. Johnson, to the second section, as follows: "No territory shall be acquired by the United States, except by discovery and for naval and commercial stalions, depots, and transit route.-, without the concurrence of a nii.)or;ty ot all the Senators from States which allow involuntary servitude, and a majority of all the benators Ironi States which prohibit tliat relation; nor shall territory be actiuirtd by ticaty, un.c-s tlie votes ol a majority of tlie Senators from each class of States hereinbefore inentioned bo cast us a part of the two third majority necessary to the ratification of such treaty." The question on agreeing to said amendment resulted in the following vote : Ayes— New Hampshire, Rhode Island. New Jersey, Pennsylvania, Delaware, Maryland, Vir- ginia, North Carolina, Tennessee. Kentucky, Mi-souri, Ohio — i2. Noes— Maine, Massachusetts, Connecticut, Indiana, Illinois, Kansas— 6. So the amendment was agreed to. . - The Convention proceeded to the consideration of tlie fonrtli section of the report. No amendments being proposed, they proceeded to the tilth section. , ^ • , i- Mr. Seddon, of Virginia, moved to strike out all of said section. The question on agreeing to said motion resulted in the following vote : Ayes— Virr'inia, North Carolina, Kentucky, Missouri — 4. , . , ^ .• . at NoEs-Maine, New Ilamnshire, Vermont, Massachusetts, Rhode Island, Conreoticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Ohio, Indiana, Illinois, Iowa, Kansas — 17. 60 PEACE CONFERENCE REPORT. So the Convention refused to strike out. Mr. James moved to amend said section by striking out the following words: ''Prom places bej'ond the present limits thereof." The question on agreeing to said amendment resulted in the following vote: Ayes — Maine, New Hampsliire, Vermont, M'lssachusettp, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana, Illinois, Kansas — 17. Noes — Virginia, North Carolina, Missouri — 3. 8o the amendment was agreed to. Mr. iSeddon, of Virginia, moved to amend said section by inserting, in the fore part of said section, the words: '-The Congress shall have power to prohibit," and to strike out from the latter clause, the words "and for- ever prohibit." t The question on agreeing to said amendment resulted in the following vote: Ayes — Maryland, Virginia, North Carolina, Tennessee, Missouri — 5. Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Kentucky, Ohio, Indiana, Illinois, Iowa, Kansas — 16. So the amendment was not agreed to. Mr. Donijjhan and Mr. Johnson, of Missouri, dissent from the vote of their State. Mr. Morehcad moved to amend said section by striking out and insert- ing in lieu thereof: " 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 into the United States and their Territories beyond ihe limits thereof." Mr. Wiekliffe, of Kentuck}', moved to amend said amendment, by inserting after "importation of slaves," the words "coolies, or persons held to service or labor." -Wliich was accepted by Mr. Morehcad. The question on agreeing to said amendment of Mr. Morehcad resulted in the following vote : Ayes — Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois — 11. Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, New York, New Jersey, Kansas — 8. So the amendment was agreed to The following gentlemen disagreed to the vote of their States : Mr. Hoppin, of Rhode Island. Mr. Orth, of Indiana. Mr. Ellis, of Indiana. Mr. Stockton, of New Jersey. Mr. , of Massachusetts, moved to stril<;e out the whole section. Tlie question on striking out resulted in the following vote: Ayes — Massachusetts, Virginia, Tennessee — 3. Noes — Maine, New Hampshire, Vermont, Rhode Island, Connecticut, New York, New Jer- sey, Pennsylvania, Delaware, Maryland, North Carolina, Kentucky, Missouri, Ohio, Indiana, Iliinois, Iowa, Kansas — 18. So the Convention refused to strike out. Tlie Convention proceeded to the consideration of the sixth section. Xo amendment being proposed, they proceeded to the seventh section. PEACE CONFKRKXCE REPORT. 61 j\Ir. TiinicT, of Illinois, moved the adoption ol' the following anxeiulincnt to the seventh section, by strikincj out and inscrtinij: "CoiiRrcss shall provide by law for securing to the citizens of each State the privileges and immunities of citizens of the several States." Mr. Loi^an, of Illinois, moved to amend said amendment by insei-tin<; "free white" before the word "citizens." The <|uestion on agreeing to stiid amendment resulted in the fulloM'ing vote : Ayks — New Jersey, Pennsylvania, Dehnvare, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Indiiina. Illinois — 10. jN,\,j;s_L.^I;ii,iP, jview Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New- York, Iowa — b. So the amendment was agreed to. ]\Ir. Orth, of Indiana, disagreed to the vote of liis State. The question recurring on the amendment as amended, resulted in the following vote : Ayes — None. Noes — Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New- York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana — l!:*. So the amendment was not agreed to. Mr. Wilmot moved the adoption of the following as an amendment to the seventh section: "And Congress shall further provide by law, that the United States shall make full compen- sation to a citizen of any State, who in any other State shall suffer, by reason of violence or intimidation from mobs and riotous assemblies, in his person or property, or in the dcpri\atiou, by violence, of his rights secured by this Constitution." Mr. Orth moved that the Convention adjourn, which resulted in the following vote : Ayes — Maine, Connecticut, New York, Indiana, Illinois, Iowa, Kansas — 7. NoEr- — New Hampshire, Vermont, Massachusetts, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio — 14. So the Convention refused to adjourn. The question recurring to agree to the amendment of Mr. "Wihnot, resulted in the following vote : Ayes — Maine, Vermont, Massachusetts, New York, Pennsylvania, Indiana, Illinois, lowii — 8. NoE.s — Rhode Island, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Caro- lina, Tennessee, Kentucky, Missouri, Ohio — 11. So the amendment was not agreed to. ]Vrr Barringer moved to amend the seventh section b}' adding at the end of this section the words following: "And in all cases in which the Uniteil States shall pay for such fugitive. Congress shall also provide for the collection by the United Stntcs of the amount so paid, with interest, from the county, city, or town, in which such arrest shall have been prevented, or rescue made." The question on agreeing to said amendment resulted in the following vote : AvEs — Virginia, North Carolina, htuI Kansas — 3. KoEs— Maine, New Hampshire, ^'e^mimt, Mas>!achusetts, Rhode Island, Connecticut, New Yotk, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana, Illinois, and Iowa — 17. So the amendment was not agreed to. The following gentlemen disagreed to the vote of tlieir States: Mr. Kent, of Maryland. Mr. Clay, of Keiitucivy. 62 , PEACE CONFERENCE EEPOET. Mr. Frelinghnyseii moved to amend the 7th section "by adding the fol- lowing words : "Con;rress shall provide by l:iw for securing to the citizens of each State the privileges immu- nities of citizens in the several States." Tlie question on the adoption of said amendment resulted in the follow- ing vote: Ayes — Connecticut, Delaware, Illinois, Indiana, Iowa, Maine Massachusetts, Maryland, New Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island Vermont, Kansas — 16. Noes — Kentucky, Missouri, North Carolina, Tennessee, Virginia — 4. So the amendment v\'as agreed to. The following gentleman dissented from the vote of his State : Mr. Eoman, of Maryland. Mr. Ames, of Massachusetts, moved to amend said section hy striking out the word " force," and inserting in place of the same the words : 'dike violence and intimidation;" which was agreed to. Mr. Orth, of Indiana, moved to amend said section by adding at the close thereof the following words: "And such fugitive shall then be discharged from such service, after being paid therefor." The question on the adoption of said amendment resulted in tlie follow- ing vote: Ayes — Illinois, IndianR, Iowa, Maine, Massachusetts, New York, New Hampshire, Ohio, Feuiisylvania, Kansas — 10. Noes — Connecticut, Delaware, Kentucky, Maryland, Missouri, New Jereey, North Carolina, Rhode Island, Tennessee, Vermont, Virginia — 11. So the amendment was not agreed to. Mr. Clay moved to amend said report hy adding as Section 8 the follow- ing : "The second paragraph of the second section of fourth article of Constitution shall be so con- strued that no State shall have the power to consider and determine what is treason, felony, or crime in another Stale ; but that a person charged in any Scate with treason, I'elony, or ciime, who shall tlee from Justice and be found in another State, shall, on demand of the executive author- ity of the State from which he fled, be delivered up, to be removed to the State having jurisdic- tion of the crime." The question on agreeing to said amendment resulted in the following vote : Ayes — Kentucky, Missouri, North Carolina, Tennessee, Virginia — 5. Noes — Connecticut, Delaware, Illinois, Indiana, Iowa, M line, Massachusetts, M:iryland, New Jersey, New York, New Hampshire, Ohio, Penhsylvania, Rhode Island, Vermont, Kansas — 16. So the amendment was not agreed to. At 2 o'clock, A. M:, Convention adjourned to 11, A. M., on the 2Gth. \^AsniNGTON, February 2G, 1861. Convention met pursuant to adjournment. The order of the day being the reconsideration of the vote on Mr. Orth's amendment, The question as to the reconsideration of said vote resulted as follows: Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- Bbire, Ohio, Vermont, Kansas — 1 1. Noes — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Pennsylvania, Rhode Island, Tennessee, Virginia — 10. vSo the vote was reconsidered. TEACE C0NF1':RENCE r.EroRT. G3 Mr. Puickus moved to aiaciul tlic amendment oC Mr. Orlli, by '-iin-^Htut- ing tlio lollowing : "Ami ilio acceptance of such payment ^lia!I preclude the owner from fuithcr claim to said fugitive." Tho question on the adoption of the amendment resulted as follows: AvEs — Connecticut, Delaware, Illiiioi.s, Iowa, Kentucky, Maine, Ma3snchu.?et(s, Maryland, New Joi.^cy, Now York, North Carolina, New liampsliire, Ohio, Pennsylvania, Rhode Island, 'renne.-scc, Vermont — 17. Nots — Indiana, Missouri, Virginia — 3. Ro thi amendment was agreed to. The following gentlemen dissented from the votes of their States: ^ •i\Lr. Dent, Mr. Eoman, of 3Iaryland. Mr. Stephens, Mr. Totten, of Tennessee. Mr. Bronson, of New York, moved the adoption of the following: "Before reaching the final question on the plan to be submitted to Congre^-s, no member shall be allowed to speak more than three minutes on any proposition." Whieli was laid on the table. Mr. Field moved to amend said report by adding tho following: Skction 8. The union of tlie States under the Constitution is indissoluble, and no State can secede from the Union, or nullify an act of Congress, or absolve its citizens from their paramount ebligation of obedience to the Constitution and laws of the United States. Mr. Ewing moved to lay the same on the table: which was agreed to. Mr. Field moved to amend the seventh section by striking out and inserting the following: Article 1. No State shall withdraw from the Union without the consent of all the States, given in a Convention of the States, convened in pursuance of an act passed by two thirds of each House of Congress. Mr. Clay raised a point of order as to this proposed amendment, and ptated the' point of order to be that the amendment was not gcrmain to the .subject-matter of the section. The President over-ruled the point of order. Mr. Coodrich moved to amend said amendment by inserting in lien thereof the following: "And no State can secede from tho Union, or nullify an act of Congress, or absolve its citi- zens from their paramount obligations of obedience to the Constitution and laws of the United States." The President decided the amendment not to be in order. Mr. Field accepted certain amendments to his amendment, and moved to amend said section, by striking out and substituting tho following, in lieu of section seven of said rejDort: " It i'^ declared to be the true intent and meaning of the present Constitution, that the union of the States under it is indissoluble." Mr. Buckner moved to amend the same by adding the following: " But this declaration shall not be construed so as to give the Federal Government power or nuthi)rity U) coerce or to make war, directly or indirectly, upon a State, on account of a failure to comply with its obligations." The question on agreeing to said amendment resulted in the following vote : Ayes — Delaware, Maryl.and, Missouri, North Carolina, Virginia — 5. KoF.s — Cotinectieut, Illinois, Indiana, Iowa, Maine, Massachusetts, New Jer.=cy, New York, New Hampshire, Ohio, Pennsylvania, Rhode island, Tenncsece, Vermont, Kansas— 15. So the amendment was not agreed to. 64 PEACE CONFERENCE REPORT. Ml'. Bronson moved to amend said amendment by striking out and in- Borting in lieu thereof tlie following : " While we do not recognize the constitutional right of any State to secede from the Union, ■we are deeply impressed by the fact that this'Government is not ni;iiatained by force, but by unity of origin and interest, inducing fraternal feelings between the people of diiferent sections of the country, and our labors have been directed to the end of giving a new assurance to our brethren, North, South, East, and West, of our determination to stand firmly by all the compro- mises of the Constitution." The question on the adoption of said amendment being called without a vote of States, the same vras not agreed to. The question recurring to the amendment of Mr. Field, was dctcrinined by the following vote: Ayes — Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hamp- shire, Vermont, Kansas — 10. Noes — Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohi'.), Penn- sylvania, Rhode Island, Tennessee, Virginia — 11. vSo the amendment was not agreed to. 3Ir. Somes moved to amend by adding the following as section 8. " That the freedom of speech, or of the press, shall not be abridged ; but that the people of any Territory of the United States shall be left perl'ectly free to discuss the subject of slavery." It was moved to lay the same on the table, and resulted in the following vote : Ayes — Delaware, Indiana, Kentucky, Maryland. Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia, Kansas — 13. Noes — Connecticut, Illinois, Iowa, Maine, Vermont — 5. So the amendment Avas laid on the table. Mr. A^andever moved to amend the same by the following section: " The navigation of the Mississippi river shall remain free to the people of each and all the States ; and Congress shall provide by law for the protection of commerce on said river against all interference, foreign or domestic. It was moved to lay the same on the table, and resulted in the following vote: Ayes — Delaware. Indiana, Kentucky, Maryland, Missouri, New Jereey, North Carolina, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Virsiinia — 14. Noes — Connecticut, Illinois, Iowa, Maine, Massachusetts, New York — G. So the amendment was laid on the table. Mr. Baldwin moved to strike out all the sections of the rejiort. and in- sert the following: Whereas, unhappy differences exist, which have alienated from each other portions of the peo- ple of the LJnited States, to such an extent as seriously to disturb the peace of the nation and impair the regular and efficient action of the Government within the sphere of its constitutional powers and duties : And.wherea.s, the Legislature of the State of Kentucky has made application to Congress to call a Convention for proposing amendments to the Constitution of the United State<: And whereas, it is believed to be the opinion of the people of other States that iimendinents to the Constitution are, or may become, necessary to secuie to the peoiile of the United Stites, of every section, the full and ecjual enjoyment of their rights and liberties, so fir as the stime may depend for their security and protection on the powers granted to, or withheld from the General Government, in pursuance of the national purposes for which it was ordained and estiib'islied : This Convention does, therefore, recommend to the several States to unite with Kentucky in her application to Congress to call a Convention for proposing amendments to the Constitution of tlie United States to be submitted to the Legislatures of the several States, or to conventions therein, for ratification, as the oue or the other mode of ratification may be proposed by Congress, in accordance with the provision in the fifth article of the Constitution. PEACE CONFERENCE REPORT. 65 The qnosllon on agrooiiiic ^^ ^^'^^^ ainondmtMit rcsulteil in the folhnving vote : Ayes — Connecticut, Illinois, Iowa, Maine, Massachusetts, New York, New Hampshire, Ver- mont — :^. f^or.s — Delawiu-c, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Virj^inia, Kansas — 13. So the amendment was not agreed to. The IbUowing gentlemen disagreed to the vote of their States: Mr. J>ronson, of Is'ew York. Mr. (rranger, of New York. 31r. Dodge, of New York. 31 r. Corning, of New York. Mr. Orth, of Indiana. Mr. llackleman, of Indiana. Mr. Scddon, of Virginia, moved to amend said report by striking out and inserting as follows: JOINT RESOLUTIONS proposing certain amendments to the Constitution of the United States. Whereas, Serious and alarming dissensions have arisen between the northern and soutfr- «rn Stale?, concerning the rights and security of the rights of the slaveholding States, and espec- ially their rights in the common territory of the United States; and whereas, it is eminently desirable and proper that those dissensions, which now threaten the very existence of this Union, ghould be permancutly quieted and settled by constitutional provisions, which shall do eipial jus- tice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the United States; therefore. Resolved bv this Convention, that the following articles are hereby approved and submitted t© the Congress of the United States, with the request that they may, by the requisite constitutional majoritv of two thirds, be recommended to the respective States of the Union, to be, when rati- fied by' conventions of three fourths of the States, valid and operative as amendments of the Constitution of the Union. Article 1. In all the territory of the United States now held or hereafter acquired, situate north of latitude thirty-six. degrees and thirty ni'nutes, slavery or involuntary servitude, except as a punishment for crime, is prohibited, while such territory shall remain under Territorial gov- ernment. In all the territory now or hereafter acquired south of said line of latitude slavery ot the African race is hereby recognized as existing, and shall not be interfered with by Congress; but shall be protected as'property by all the departments of the Territorial government during its continuance; and when any Territory, north or south of said line, within such boundaries as Congress may prescribe, shiillcontain the population requisite for a member of Congress, accord- ing to the then federal ratio of representation of the people of the United States, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without slavery, as the constitution of such new State may provide. Article 2. Congress shall hive no power to abolish slavery in places under its exclu.sive juris- diction, and situate within tiie limits of States that permit the holding of slaves. Article 3. Congress shall have no power to abolish slavery within the District of Columbia, so long as it cxists'^iu the adjoining States of Virginia and Maryland, or either, nor without the consent of the free white inhabitants, nor without just compensation first mide to such owners ot slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit otlicers of the Federal Government or members of Congress, whose duties require them to be m said District, from bringing with them their slaves, and holding them as such, during the time then- duties may require them to remain there, and afterwards taking them from the District. Article 4. Congress shall have no power to prohibit or hinder the transportation of slaves from one State to "another, or to a Territory in which slaves are by law permitted to be held, whether that transportation be bv land, navigable rivers, or by the sea. And if such transporta- tion be bv sea, the slaves shall ri'e protected as property by the Federal Government. And the right of transit by the owners with their slaves in passing to or from one .slaveholding State or Territory to anoiher. between and through the non-slaveholding States and Terntones, shall be protected. And in imposing direct taxes pursuant to the Constitution, Congress shall have no power to impose on slaves a higher rate of tax than on land, according to their just value._ Article 5. That, in addition to the provisions of the third paragraph of the second section of! the fourth article of the Constitution of the United States, Congress shall provide by law, that the United States shall pav to the owner who shall apply for it the full value ot his fugitive slaTe in all cases when the marshal, or other oflicer, whose duty it was to arrest said fugitive, was pre- vented from so doin" by violence or intimidation, or when, after arrest, said fugitive was rei- 9 66 TEACE CONFERENCE REPORT. CTied bv force, and the owner tliercby prevented nnd obstructed in the pursuit of hi? reme 'y tot &ie recovery of his fugitive slave, under the said tdause of the Constitution and the haws made iA pursuance thereof. And in all such cases, when tlie United States shall pay f(,r such fugitive, they shall reimburse themselves by imposing and collecting a tax on the county or city in which said violence, intimidation, or rescue v/as committed, equal in amou t to the sum paid by tl'.em, with the addition of interest and the costs of collection; and the said county or city, after it has gaid said amount to the United States, may, for its indemnity, sue and recover from the wrong- doers, or rescuers, by whom the owner was preventtd from the recovery of his fugitive slave, in like manner as the owner himself might have sued and recovered. Article 6. No future amendment of the Constitution shall atiect the five pieceding articles, nor the third paragraph of the second secti(ni of the first article of the Constitution, nor the ^ird paragraph of the second section of the fourth article of said Constitution, and no amend- ment shall be made to the Constitution which will authorize or give to Congress any power to abolish or interfere with slavery in any of the States by whose laws it is or may be allowed or permitted. Article 7. Sec. 1. The elective franchise and the' right to hold office, whether Federal, State, Territorial, or municipal, shall not be exercised by persons who are, in whole or in part, •f the African race. And whereas, also, besides those causes of dissension embraced in the foregoing amendments fpoposed to the Constitution of the United States, there are otlsers which come witliiu the juris- dicth.n of Cengress, and may be remedied by its legislative power; and wdiereas, it is the desire •f this Convention, as f\tr as its infiuence luay extend, to remove all just cause for the popular discontent and agitation which now disturb the peace of the country, and threaten the stability •f its institutions; therefore, 1. Resolved, That the laws now in force for the recovery of fugitive slaves are in strict pursu- ance of the plain and mandatory provisions of the Constitution, and have been sanctioned as Talid and constitutional by the judgment of the Supreme Court of the United States; that the ulaveholding States are entitled to the faiihful observance and execution of those laws, and that they ought not to be repealed or so modified or changed as to impair their efficiency; and that Bkws ought to be made for the punishment of those who attempt, by rescue of the slave or other aiegal means, to hinder or defeat the due execution of said laws. 2. That all State laws which conflict with the fugitive slave acts, or any other constitutional acts of Congress, or which in their operation impede, hinder, or delay the free course_ and due execution of any of said acts, are null and void by the plain provisions of the Constitution of tiie United States. Yet those State laws, void as'they are, have given color to practices, and led to consequences which have obstructed the due administration and execution of acts of Con- gress, and especially the acts for the delivery of fugitive shives, and have thereby contributed much to the discord and comm )tion now prevailing. This convention, therefore, in the present ferilous juncture, does not deem it improper, respectfully and tarnestly, to recommend the lepeal •f those laws to the several Sttitcs which have enacted them, or such legislative corrections or explanations of them as may prevmt tlieir being used or perverted to such mischievous purposes. 3. That the act of the eighteenth of September, eighteen hundred and fifty, commonly callc-d fee fugitive slave law, ought to be so amended as to make the fee of the commissioner, men- Monedin the eii^hth section of the act, equal in amount, in the cases decided by him, whether feis decision be in favor of or against the claimant. And to avoid misconstruction, the last clause •f the fifth section of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive slave to summon to his aid the posse comitatus, and which declares it to be the duty of all good citizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance, or danger of resistance or rescue. ' , . „ , i -.-i 4. That the laws for the suppression of the African slave trade, and especially those prohibit- ing the importati n of slaves into the United States, ought to be made effectual, and ought to bc^ thoroughly executed, and all further enactments necessary to those ends ought tobepiomptlj ttflde. The question on agreeing to said amendment resulted in tho following TOte : Ayes— Kentucky. Missouri, North Carolina, Virginia — 4. NoES_Connecticut,Delaware, Illinois, Indiana, Maine, Massachusetts, Maryland, New Jersey, ITew York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Kansas— 16, So the amendment was not agreed to. J,Ir. Dent, of Maryland, dissented from the vote of his State. Mr. Clay, according to previous notice, moved to amend said report by Etriking out the same, and inserting the following: Whereas the Union is in danger; and owing to the unhappy divisions ex'sting in Congress, Jb would be difficult, if not i,T.possible, for that bodj to concur, in Loth its branches, by the PEACE CONFERENCG REPORT. 6T requisite rri'ijority, so as to cnnMe it eitlier to adopt such measures of legislation, or to rccom- meuil to the States such ameiKiiuents to the Coiistiiution as ar« deeinc d nece-=sary and proper t* avert tliat danger; and whereas in so great an emergency, the opinion and judgment of th* people ought to be heard, and would be the best and surest guide to their representatives; thero- i'ore, Rr^olcrd, That provision ought to be made by law, without delay, for taking the sense of thd people, and submitting to their vote the I'oliowiiig resolution.-! as the basis tor the final and perma- nent sctthniou'. of those disputes that now disturb the peace of the country and threatea th# exi!«tcnc« of the Union. Atid that whereas, serious and alarming dissensions have arisen between the Northern and Soutlicrn States, concerning the rights and security of the rights of the slaveholding States, and e?p«cially their rights in the common territory of tlie United .States; and wlureas, it is cmintntlf desirablu and proper that those dissensions, which now threaten the very existence of this Union, •hould be permanently quieted and settled by constitutional provisions, which shall do e'lual jus- tice to all sections, and theieby restore to tlie people that peace and good will which ought k* prevail between all the citizens of the United States : therefore, Resnlvfd, That the following articles be, and are hereby, proposed and submitted as amend- ments to the Constitution of the United States, which shall be valid to all intents and purpose! aj ptirt of said Constitution, when ratified by conventions of three fourths of the several States. Article I. In all the territory of the United States now held, or hereafter accjuired, situalw north of latitude thirty-six degrees and thirty minutes, slavery or involuntary servitude, except a* k punishment for crime, is prohibited, while such territory shall remain under territorial govern- ment. In all the territory south of gaid line of latitude slavery of the African race is herebj recognized as existing, and shall not be interfered with by Congress ; but hall be protected ai propt rty by all the departments of the territorial governmeut during its continuance ; and whem any teiritoiy north or south of said line, within such boundaries as Congress miy prescribe, shall contain the population requisite for a member of Congress, accoi-ding to the then federal ratio of representation of the people of the United States, it shall, if its fuim of government be repub- lican, be admitteil into the Union on an equal footing with the original States, with or without •lavery, as tlie constitution of such new State may provide. Article 2. Congress shall have no power to abolish slavery in places under its exclusive juris- diction, and situate within the limits of States that permit the holding of slaves. Article 3. Congress shall have no power to abolish slavery within the District of Columbia, «o long as it exists in the adjoining States of Virginia and Maryland, or either, nor without th« consent of the inhabitants, nor without just compensation first made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit offii-em of the Federal Government, or members of Congress, whose duties require them to be in said District, from bringing with them their slaves, and holding them as such daring the time their duties may require them to remain there, and afterwards taking them from the District. Article 4. Congress shall have no power to prohibit or hinder the transportation of slave* from one State to another, or to a Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by the sea. And the right of transit by the owners with their slaves, in passing to or' from one slaveholding State or Territory to another, between and through the non-slaveholdiiig States and Territories, shall be protected. Article 3. That, in addition to the provisions of the third paragraph of the second section of llie fourth article of the Constitution of the United States, Congress shall have power to pro- ride by law, and it .shall be its duty so to provide, that the United States shall pay to the owner who shall apply for it, the full value of his fugitive slave, in all cases, when the marshal, or other oflicer, whose duty it was to arrest said fugitive, was prevented from so doing by violonca or intimidation, or when, after arrest, said fugitive wa« rescued by force, and the owner therebj prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave, under the said clause of the Constitution and the laws Biadc in pursuance thereof. And in ail such cases, when the United States shall pav for such fugitive, they shall have the power to reimburse themselves by imposing and collecting a tax on the county or city in which said vio- lence, iiuiuiidation, or rescue was committed, equal in amount to the sum paid by them, with the addition of interest and the costs of collection; and the said county or city after it has paid Baid amount to the United States, may, for its indemnity, sue and recover from the wrong-doeri, or rescuers, by whom the owner was prevented from the recovery of hia fugitive slave, in liko manner as the owner himself might hare sued and recovered Article 6. No future amendment of the Contitntion shall afTect the five preceding articles nor the third paragraph of the second section of the fust article of the Constitution, nor th« third paragraph of the second section of the fourth article of said Constitution, and no amend- ment shall be made to the Constitution which will authorize or give to Congress any power t» aboli-h or interfere with slavery in any of the States by whose laws it is or may be allowed or permitted. AsiricLE 7. Sec. 1. The elective franchise and the right to hold ofTice, whetlicr federal, State, terriori •.!, or municipal, shall not bo excrci-ed by persons who are, iu wliyle or in p;irt, of th* African race. $B PEACE CONFERENCE EEPORT. Sec. 2. The United States shall have power to acquire from time to time, di>^trict? of country, in Africa and South America, for the colonization, at expense of the federal Treasury, of such free negroes and mulattoes as the several States may wish to have removed from their limits, and from the District of Columbia, and such other places as may be under the jurisdiction of Congress. And whereas, also, besides those causes of dissension embraced in the foregoing amcn'lments proposed to the Constitution of the United States, there are others which come within the juris- diction of Congress, and may be remedied by its legislative power; and whereas, it is the desire of iliis Convention, as far as its inliuence nray extend, to remove all just cause for the popular discontent aud agitation which now disturb the peace of the country, and threaten the stabilitj •f its institutions: therefore, 1. Resohcd, That the laws now in force for the recovery of fugitive slaves are in strict pur- suance of the plain and mandntory provisions of the Constitution, and have been sanctioned as valid and constitutional by the judgment of the Supreme Court of the United States; that tho slaveholuing States are entitled to tlie faithful observance and execution of those laws, and that they ought not to be repealed or so modified or changed as to impair their efficiency; and that laws ought to be made ibr the punishment of those who attempt, by rescue of the slave or other illegal means, to hinder or defeat the due execution of said laws. 2. That all State laws which conflict v/ith the fugitive slave acts, or any other constitutional acts of Congress, or which in their operation impede, hinder, or delay the free course and due execution of any of said acts, are null and void by the plain provisions of the Constitution of the United States. Yet those State laws, void as they are, have given color to practices, and led to consequences which have obstructtd the due administration and execution of acts of Con- gress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed much to the discord and commotion now prevailing. Tliis Convention, therefore, in the present perilous juncture, does not deem it improper, respectfully and earnestly, to recommend the repeal of those laws to the several States which have enacted them, or such legislative corieciions or explaniitions of them as may prevent their being used or perverted to such mischievous purpose?. 3. That the act of the eighteenth of September, eighteen hunded and fifty, commonly called the fugitive slave law, ought to be so amended as to make the fee of the commissioner, mmtioned in the eighth section of the act, equal in amount, in the cases decided by him, whether hii decision be in favor of or against the claimant. And to avoid misconstruction, the lust clausft of the fifih section of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive slave to summon to his aid the posse comitatus, and which declares it to be the duty of all good c'tizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance, or danger of resistance or rescue. 4. That the laws for the suppression of the African slave trade, and especially those prohibit- ing the importation of slaves into the United States, ought to be made effectual, and ought to be thoroughly executed, and all further enactments necessary to those ends ought to be promptly made. The. question on agreeing to said amendment resulted in the following vote: Ayes — Kentucky, Missouri , North Carolina, Tennessee, Virginia — 5. Noes — Connecticut, Delaware, Illinois, Indiana, Maine, Massachusetts, Maryland. New Jersy, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Vermont — 14. So the amendment was not agreed to. Mr. Dent, of Maryland, dissented from the vote of his State. Mr. Tuck, of New Hampshire, moved to amend said report by striking out, and inserting as follows : To THE People of .the United States : On the 4th day of February, 1861, in compliance with the invitation of the State of Virginia, commissioners from several other States met the commissioners of that State in Conference Con- tention, in the city of Washington. From time to time, commissioners from other States apjtear- ed, appointed, as were those who first appeared, some by the Legislatures, and some by the Gov- ernors of their respective States, until, on the 23d instant, twenty-one States were then repre- sented. The Convention thus constituted claims no authority under the Constitution and laws ; but deeply impressed with a sense of existing dissensions and dangers, proccded to a careful consideration of them and the.r appropriate remedies, and having brought their deliberations to a close, now submit the result to the judgment of their fellow-citizens. We recognize and deplore the divisions and distractions which now afBict our country, inter- rupt its prosperity, disturb its peace, and endanger the Union of the States ; but we repel the conclusion that any alienations or dissensions exist which are irreconcilable, which 'justify attem[)ts at revolution, or which the patriotism and fraternal sentiments of the people, and ihe int«rests and honor of the whole nation, will not overcome. PEACE CONFERENCE REPORT. GQ In a country embnicincj the central ami most importmt portion of a continent, amon;}; a people now uuiuberin^ over thirty millions, diver.silio.-» ot" opinion inevitably exist ; iuid rivalries, inten- fified at Uma by local interc-it-; and sectional attachments, must often occur ; yet we ilo not doulit tliat the theory of our government is the best which is possil)Ic for this nation, that tb« Unio.i of the States is of vital iinportaace, and that the C mstilution, which expresses the com- bined wisdom of the illustrious founders of tlie j^overnniont, is still the palladium of our liber- ties, adeiiuate to every emergency, and justly entitled to the support of every <;ood ciiizen. It embraces, in its provisions and spirit, all the defense and protection which any section of the country can rightfully demand, or honorably concede. Adopted with primary reference to the wants of five millions of people, but with the wisest reference to future expansion and development, it has carried us onward with a rapid im-rease of numbers, an accumulation of wealth, and a degree of happiness and general prosperity nev«r attained by any other nation. Whatever branch of industry, or whatever staple production shall become, in the possible dianges of the future, the leading interest of tlie country, thereby creating unf.)reseen compli- cations or new conflicts of opinion and interest, the Constitution of the United States, properl/' understood, and fairly enforced, is equ il to every exigency, a shield and ilelen^e to all in everj time of need. If, however, by reason of a change in circumstances, or lor any cau-^e, a portion of the people believe they ought to have their riglUs more exactly defined or more fully ex|>lained in the Coiistitution, it is their duty, in accordance with its provisions, to seek a renie, except by discovery, and [fa naval and commercial staVions, depots, and transit routes, without the concurrence of a majori^ of all the Senators from States which allow involuntary servitude, and a m ijority ot all the Senators from States which prohibit thit relation; nor shall territory be acquired by trcatj, unless the votes of a majoritv of the Senators from each class of States hereinbelore nicntKjnea be cast as a part of the two thirds majority necessary to the ratification of such treaty. The question on the adoption of said section resulted in the following vote : Ayes— Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, Virizinia — ll. xt it »• Noes— Connecticut, Illinois, Iowa, Maine, Massachusetts, North Canhna, New Hampshire, Vermont — 8. 72 . PEACE CONFERENCE REPORT. Xew 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. Euflnn and Mr. Morehead, of North Carolina. Mr. Tyler, of Virginia. Mr. clay, of Kentucky. Mr. Hackelman and Mr. Orth, of Indiana. Mr. Guthrie, of Kentucky, moved the adoption of the third section of the report, as amended, and reading as follows : Section 3. Neither the Constitution, nor any amendment thereof, shall be construed to give Congress power to regulate, abolish, or control, with.n any St 'te, the relation established or recog- Bized by the laws thereof touching persons held to labor or involuntary service therein, nor to iriterfere 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 brmg- irtg with them to the District of Columbia, retaining, and taking away, persons so held to labor »r service; nor the power to interfere with or abolish involuntary service in places under the exchisive jarisdiction 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 flurirg transportation, by sea or river, of touching at ports, shores, and landim^s, and of landmg in cat-e of distress, shall exist; but not the right of transit in or through any State or Territory, ©r of sale or traffic, against the laws thereof. Nor shall Congress have power to authorize anj 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 laborer 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, Pennsvlvania, Rhode Island, Tennessee, Virginia — 12. ^ Noes— Connecticut, Indiana, Jowa, Maine, Massachusetts, New Hampshire, Vermont— (. New York and Kansas were divided. So the section Avas adopted. The following gentlemen dissented from the vote of their States: Mr. Clay, of Kentucky. Mr. Cook, of Illinois. Mr. Slaughter, of Indiana. Mr. Chase and Mr. Wolcott, of Ohio. Mr. Guthrie, of Kentucky, moved the adoption of the fourth section of the report, as amended, and reading as follows: Section 4. The third paragraph of the second section of the fourth article of the Constitu- tion 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, Nortli Carolina, Ohio, Pennsy!vani:i, Rhode Island, Tennessee, Vermont, Virginia— 15. Noes — Iowa, Maine, Massachusetts, New Hampshire — 4. Kew York and Kansas were divided. So the section was adopted. The following gentlemen-dissented from the vote of their States : Mr. Baldwin, of Connecticut. Mr. Ilackleman, Mr. Orth, of Indiana. Mr. Chase, Mr. Wolcott, of Ohio. PEACE CONFERENCE REPORT. 7^ Mr. Gutlirio, of Kentucky, moved the adoption of the fifth fioetiuii of the report, as amended, and reading as follows : Section 5. The foreign slave trarle is liereby forever proliibilod ; and it shall ho the ilutj of Conj;ro<3 to pass laws to prevent the importation of slaves, coolies, or persons heM to service o» labor, into the United States and the Territories from places beyond tlic limits tliereof. The question on the adoption of said section resulted in the follo\Yiug vote: Ayes — Connecticut, Delaware, Illinois. Indiana, Kentucky, Maryland, Missouri, New Jeraej, New Yoik, NevT Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, atul 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 States : Mr. Baldwin, of Connecticut. Mr. Clay, of Kentucky. Mr. Ruf'lin, Mr. ]\Iorehead, of Xorth Carolina. Mr. Wolcott, Mr. Chase, of Ohio. Mr. Ilackleman, Mr. Orth, of Indiana. Mr. Guthrie, of Kentucky, moved the adoption of the sixth section of tlie report as amended, and reading as follows : Section 6. The first, tliird, and fifth sections, together with this section of these amomhnents, and the third piiragrapli of the second section of the first article of tiie Constitution, and th9 third paragraph of tlie second section of the fourth article thereof, shall not be aniended or abolished without the consent of all the States. The question on the adoption of said section resulted in tlie following vote : AvEs — Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvaniiv, Rhode Inland, Tennessee, Kansas — 11. Noes — Connecticut, Indiana, Iowa, PJaine, Massachusetts, North Carolina, New Hainpshir©, Vermont, Virginia — 9. New York Avas divided. So this section was adopted. The following gentlemen dissented from the vote of their States: Mr. I'uffin, Mr. Morehcad, of North Carolina. Mr. Wolcott, :^[r. Chase, of Ohio. Mr. Cook, of Illinois. Mr. Summers, Mr. Eives, of Virginia. Mr. Guthrie, of Kentucky, moved the adoption of the seventh section of the report, as amended, and reading as follows: Section 7. Congress shall provide by law that tlie United States shall pay to the owner th» full value of his fugitive from laljor, in all cases where the marshal,T)r other olficer, who.ni the conviction that the Union being formed by the assent of the people of the respec- tive States, and being compatible only with freedom, and the republican institutions guarantied to each, cannot and ought not to be maintained by force, we deprecate any effort by the Federal Oovernment to coerce, in any form, the said States to re-union or submission, as tending to irre- paral)lc breach, and leading to inca!cual)!e ills; and we earnestly invoke the abstinence from all oounsels or measures of compulsion towards them. Leave was granted. Mr. Pollock, on b«ha!f of tho Committee on Finance, reported that they had exatnined into the expenses necessary to be met by the Convention. That the printing of the journal would be done by the city. They have 76- PEACE CONFERENCE REPORT. found tliat the aggregate amount will be 6735. The portion of each Stat3| is coneicquoatly $35, it" the Convention decide to make an equal instalment upon all tlie States. Mr. Brown moved the adoption of the following: Resolved, That the report of the committee be received and accepted; that the committee b« continued, and requested to malce the necessary disbursements; and that the States now pay ever the sum assessed to the chairman. Which was agreed to. Mr. Loomis, of Pennsjdvania, sent to the Secretary's table and caused to be read the following letter : Ckafts J. Wright, Esq., Secretary Conference Convention : Sir : Please inform the Convention that ^ye have tendered, free of charge, the use of our h»ll and lights, which they have occupied. We hope the use may be sanctified by restoring peac« to the Union. We are, respectfully, &:c., February 2.3, 18G1. J. C. & H. A. WILLARD. Whereupon Mr. Loomis offered and asked the adoption of the following resolution : 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 bn requested to communicate to them a copy of this resolution. Which was unanimously agreed to. Mr. Dodge, of New York, moved the adoption of the following: Resolved, That the thaidcs of this Convention are justly due, and are hereby given, to th« 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 oflicers 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. Which was unanimously agreed to. Mr. -Randolph moved that the thanks of the Convention are justly due and be given to the clerg}' of the city, for their kind services during the Convention; which was unaniniously agreed to. The thanks of the Convention were presented to the Secretary and hig assistants. Mr. Ewing, of Ohio, moved 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. Which was unanimously agreed to: w^hereupon President Tjdcr returned to the Convention appropriate thanks. Mr. Wickliffe, of Kentuclcy, moved that the Convention now closo its session and adjourn ; that they informally meet and take parting leave of each other at o o'clock. Mr. Brown moved to amend the same by now adjourning without day; which was carried by the following vote : Ayes — Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Rhode Island, Tennessee, Vermont — 9. Noes — Ctjnnecticut, Indiana, Missouri, North Carolina, Pennsylvania — 6. So the Convention adjourned without da}'. Note.— The proposition of .Judge Brockenbrough which was to be placed on the journal, has not been sent to the Secretary by Judge B. PEACE CONFERENCE RErORT. 77 Wasuinoton City, March Olh, ISGl. The \\n lor.^igncd hereby cortlfics th;it the forcf^oincj Tournivl, printed bj McCrill & WitUorow, has been [>rintcil IVoia tlie orii^iiial iiiaiinscript Jour- nal of the Conibrcnce Convention, which be<^an its session in tliis city February 4th, and terminated Fcl)riiary 27th, IHGl, and that tlio said printed cop3' has been carctully compared with the orii^inal p:vpers, ancl found to bo accurate. CRAFTS J. WllKJIfT, Secretary. NAMES AND EESIDENCES DELEGATES TO THE CONFERENCE CONVENTION. IIAINE. William P. Fcssenden, Lot M. Morreil, Daniel E. Somes, Jolin J. Perry, Ezra B. French, Fi-eeman H. Morse, Stephen Gohurn, Stephen C. Foster, Amos Tuck, Levi Chamberlaiia, Asa Fowler, Hiland Hall, - Levi Underwood, H. lieni-y Baxter, L. E. Chittenden, B. D. Karris, John Z. Goodrich, - Charles Allen, - George S. Boatv,'ell, Thon'^-.i.nn'^! P. Chandler, Francis B. ' 'vowninshield, - John M. Forbes, Richard P. Waters, NEW HAMPSIIIRS. VERMONT. MASSACHUSETTS. Biddeford. Biddeford. Oxford. Damaris Cotta. Bath. Pembroke. Exeter. Concord, North Bennington, Burlington. Butland. Burlington. Brattle boi'o'. Stock bridge. Worcester. Boston. Boston. Boston. Boston. Salem, " PEACE CONFRr.ENCE REPORT. T> RnODK ISLAND. Samuel Amop, Alex:uulor Duncan, William W. lloppin, (JeorLTO 11. Brown, Samuel CI. Arnold, - lloi^cr S. Baldwin, Cluvunccy F. Cleveland, Charles J. McCurdy, James T. Pratt, " - ilobins Battell, - Amos S. Treat, David Dudley Field, Willian\ Curtis Noyes, James 8. Wadsworth, James C. Smith, Amaziah B. James, Erastus Corning, .Francis Granger, Greene C. Bronson, "William E. Dodge, John A. King, John E. Wool, - Charles S. Oldon, - Peter D. Vroom, .Robert F. Stockton, Benjamin Williamson, - Joseph F. Randolph, Frederick T. Frelinghuyscn, Hodman M. Price, - AVilliani C. Alexander, - Thomas J. Stryker, James Pollock, - William M. Meredith David Wilmot, - A. W. Loomis, Thomas E. Franklin, William McKennan, Thomas White, - George B. Rodney, - Daniel M. Bates, Henry Ridgely, John W. Houston, William Cannon, CONNECTICUT. KITT YORK. NEAV JERSEY TENNSYLVANIA. DELAWARE. Providence. Providence. J'rovidenco. Providence. Providence, Weindham. Lyme. Bridgeport. New York. New York. Genesee. Canandaigua. Ogdensburg. Albany. Canandaigua. New York. New York. Jamaica. Troy. Princeton. Trenton. Princeton. Elizabeth. Trenton. Newark. Harrison, Hudson C>>. P. O. Broadway, N.T. Trenton, Milton. Philadelphia. Tovt'anda. Pittsburg. Lancaster. Wtishington. Indiana. Newcastle. AVilmington. Dovei'. Mil ford, Brldrrevillo, 80 PEACE CONFERENCE EEPORT. MARYLAND. John F. Dent, - Revei'dy Johnson, - John W. Crisfield, Au^i'iistus W. Bradford, "William T. Goldsborough, J. Dixon Eoman, ]3enj;>niin C. Howard, - John Tyler, - William C. Eivcs, John W. Brockcnbrough, George ^Y. Summers, - James A. Seddon, - VIRGINIA. NORTH CAROLINA. George Davis, - Thomas Euffin, David 8. Eeid, - D. M. Barringer, J. M. iiorchead, Samuel Milligan, - Josiah M. Anderson, Kobert L. Caruthers, Tliomas Martin, Isaac R. Hawkins, - A. W. 0. Totten, R. J. MeKinney, Alvin Culloni, - William P. Hickerson, George W. Jones, F. K.'Zollicoffer, - William H. Stephens, William O. Butler, - James B. Clay, - Joshua F. Bell, Charles S. Morehead, James Guthrie, Charles A. Wickliffe, John D. Coalter, Alexander W. Doniphan, Waldo P. Johnson, - Aylett H. Buekner, Harrison Hough, TKNNESBEE. KENTUCKY. MIBBOURI. Milestown. Baltimore. Princess Ann. Govanstown. Cambridge. Hagerstown. Catonsville. Sherwood Forest, Jjexington. Kanawha C. H. AVilmington. Graham. Pleasantville. Ealeigh. Greensboro'. Greenville. Walnut Valley. Lebanon. Pulaski. Huntington, Jackson. Knoxville. I^i^'ingston. Manchester. Fayetteville. Nashville. Jackson. Carrollton. Ashland. Danville. I^ouigvillo. Louisville. Bardstown. St. Louis. Liberty. Osceola. Bowling-Greea, Charleston. PEACE CONFERENCE REPORT. 81 OUIO. Salmon P. Chase, William S. Grocsbeck, Franklin T. Backus, J?oubon Hitchcock, - Thomas Ewing, - V. B. Iforton, C. P. AVoleott, - Caleb B. Smith, Pleasant A. Ilackleman, God love S. Orth, - E. W. 11. Ellis, - Thomas C. Slauirhter, John Wood, Stephen T. Logan, John M. Palmer, Burton C. Cook, Thomas J. Turner, James Harlan, James W. Grimes, Samuel H. Curtis, William Vandever, Thomas Ewing, jr., J. C. Stone, H. J. Adams, M. F. Conway, - 11 INDIANA. ILLINOIS. IOWA. KANSAS. Columl)U8 C'incinnat Clewlaiid Clevelatid Jiancaster Pomeroy. Akron. Indianapolis. Pushville. Lafayette. Goshen. Corydon. Quincy. Springfield. Carlinville. Ottowa." Freeport. Mt. Pleasant. Burlington. Keokuk. Dubuque. Leavenworth. Leavenworth. Leavenworth. Lawrence. APPENDIX. The delegates from the seveial States presented the following as the resolutions of their respective States, to be considered by the Convention; which were ordered to be printed, and made part of the journal : TENNESSEE. RESOLUTIONS proposing amendments to the Constitution of the United States. Resolved Li/ the General Assembly of the Slate of Tennessee, That a Convention of delegates f:-om all the shivehulding States sliould assemble at Nashville, Tennessee, or such other place aA a majority of the States co-operating may designate, on the 4th day of February, 1861, to digest and define a basis upon which, if possible, the Federal Union and the constitutional rights of the slave States may be perpetuated and preserved. Resolved, That the General Assembly of the State of Tennessee appoint a number of delegates to said Convention, of our ablest and" wisest men, equal to our whole delegation in Congress; and that the Governor of Tennessee immediately furnish copies of these resolutions to the Governors of the slaveholdiug States, and urge the participation of such States iii said Conven- tion. Resolved, That in the opinion of this General Assembly, such plan of adjustment should embrace the following propositions as amendments to the Constitution of the United States : 1. A declaratory amendment that African slaves, as held under the institutions of the slave- holding States, shall be recognized as property, and entitled to the status of other property, in the States where slavery exists, in all places within the exclusive jurisdiction of Congress in the s'.ave States, in all the Territories south of 36° 30', in the District of Columbia, in transit, and whilst temporarily sojourning with the owner in the non-slaveholding States and Territories north of 36° 30', and when fugitives from the owner, in the several places above named, as well as in all places in the exclusive jurisdiction of Congress in the non-slaveholding States. 2. That all the territory now owned, or which may be hereafter acquired, by the United States south of the parallel of 36° 30', African slavery shall be recognized as existing, and be protected I'.y all the departments of the Federal and Territorial Governments, and in all north of that line, now owned, or to be acquired, it shall not be recognized as existing; and whenever States formed out of any of said territory south of said line, having a population equal to that of a congressional district, shall apply for admission into the Union, the same shall be admitted as slave States, whilst States north of the line, formed out of said territory, and having a population eqiTal to a congressional district, shall be admitted without slavery ; but the States formed out of said territory north and south having been admitted as members of the Union, shall have all the powers over the institution of slavery possessed by the other States of the Union. 3. Con2:ress shall have no power to abolish slavery in places under its exclusive jurisdiction, and situate within the limits of States that permit the holding of slaves. 4. Congress shall have no power to abolish slavery within the District of Columbia, as long as it exists in the adjoining States of Virginia and Maryland, or-eithcr, nor without the consent of the inhabitants, nor without just compensation made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit the officers of the Federal Government, or members of Congress whose duties require them to be in said District, from bringing with them their slaves, and holding them as such, dining the time their duties may require 'them to remain there, and afterwards take them from the District. 5. Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or the Territory in which slaves are by law permitted to be held, whether that transportation be bv land, navigable rivers, or by seas. 6. In addition to" the Fugitive Slave clause, provide that when a slave has been demanded of the Executive authority of'the State to which he has fled, if he is not delivered, and the owner permitted to carry him out of the State in peace, the State so failing to deliver shall pay to the owner the valueof such slave, and such damages as he may have sustained in attempting to reclaim his slave, and secure his right of action in the Supreme Court of the United States, with execution against the propertvof such State and the individuals thereof. 7. No future amendment of the Constitution shall aflect the six preceding articles, nor the third paragraph of the second section of the first article of the Constitution, nor the third paragraph of the second section of the fourth article of the Constitution ; and no amendments shall be made to the Constitution which will authorize or give to Congress any power to abolish or inter- fere with slavery in any of the States by whose laws it is, or miy be, allowed or permitted. PEACE CONFERENCE REPORT. 83 8. Tint sliue property s^Iiall be rendered sociirc in transit through, or wliilsl tamporarily soioniMM!:; in, non-slavehoUling Stiites or Territories, or in the District of Coluuiliia. 9. Am lunondniont to the efiect that all fugitivoa are to be di.eincd those oll'ciiding the hnv9 within the jurisdiction of the State, and who escape tlicrefroni to other .States ; and tlul it is tlie duty of each State to suppress aimed invasions of anotlier State. Rcsolvpd, That said Convention of the sl.iveholdin^ States havin;:; agreed upon a bo-sis of adjustment satisfactory to themselves, should, in the opinion of this Oeiieral Assembly, refer '.t to a Convention of all the States, slavcholdui;^ and uon-slaveholdinj;, in the manner followin{,' : It should invite all States friendly to such plan of adjustment, to elect delegates iu such man- ner as to reflect the popular will, to assemble in a Constitutional Convention of all the St:At'GI,t) revise and perfect sucli plan of adjustment, for its reference lor final ratification and adoption by a Convention of the States respectively. Resolved, That should a plan of adjustment, satisfactory to the Sotith, not be aceeiled to l^y a retpiisite number of States to perfect amendments to the Constitution of the United States, it is the opinion of this General Assembly that the slaveholding States should adopt for them- selves the Constitution of the United States, with such amendments as may be satisfactory to the slaveholding States, and that they should invite into the Union with them all iStates of the Nor'h which are willing to abide such amended Constitution and frame of Government, severing atonte all connections with States refusing such reasonable guarantees to our future safety; suchreneweJ conditions of Federal Union being first submitted for ratification to Conventions of all the States respectively. kcsolced, That the Governor 6f the State of Tennessee furnish copies of these lesolutioia immediately to the Ciovernors of the non-slaveholding States. onic:>. JOINT RESOLUTIONS of the General Assembly of the State of Ohio, relative to tlie appoint- ment of Commissioners to the Convention to meet in Washington on the 4th of February, proximo. Passed January 30, 1861. Whkrf.as, The Commonwealth of Virginia has appointed five Commissioners to meet in the city of Washington on the 4th day of February next, with similar Commissioners from other States, and after full and free conference to agree, if practicable, upon some adjustment of the unhappy dilliculties now dividing our country, which may be alike satisfactory and honorable to the States concerned ; therefore, be it Resolved by the General Assembly of the State of Ohio, That the Governor, by and with the advice and consent of the Senate, be, and he is hereby, authorized and empowered to appoint five Commissioners to represent the State of Ohio in said Conference. Resolved, That wliile we are not prepared to assent to the terms of settlement proposed by Virginia, and are fully satisfied that the Constitution of the United States as it is, if fairly inter- preted and obeyed by all sections of our country, contains ample provisions within itself for the correction of all evils complained of, yet a disposition to reciprocate the patriotic spirit of a sister State, and a sincere desire to have harmoniously adjusted all differences between us, induce us to favor the appointment of the Commission as requested. Resolved, That the Governor be requested to ti-ansmit without delay a copy of these resolutions to each of the Commissioners to be appointed as aforesaid, to the end that they may repair to the City of Washington, on the day hereinbefore named, to meet such Commissioners as may be appointed by any of the States in accordance with the aforesaid prepositions of Virginia. Resolved, That in the opinion of this General Assembly, it will be wise and expedient to adjourn the proposed Convention to a later day, and that the Commissioners to be appointed as aforesaid, are requested to use their influence in procuring an adjournment to the 4th day of April next. KENTUCKY. RESOLUTIONS appointing Commissioners to attend a Coni'erence at Washington City, Feb ruary 4th, in accordance with the invitation of the Virginia Legislature. Whereas, The General Assembly of Virginia, with a view to make an effort to preserve the Union and the Constitution in the spirit in'which they were established by the fathers of the Republic, have, by resolution, invited all the States who are willing to unite with her in an earnest effort to adjust the present unhapj)y controversies, to appoint Commissioners to meet oa the 4th of Februai-v next, to consider, and'if practicable, agree upon some suitable adju-tment — Resolved, That we heartily accent the invitation of our Old Mother \'irginia, and that the fol- lowing six Commissioners, viz: Wm. O. Butler, Jas. B. Clay, Joshua F. Bell, C. S. IMorehead, Jas. Guthrie, and Chas. A. Wicklitfe, be appointed to represent the State of Kentucky in the contemplated Convention, whose duty it shall be to repair to the city of Washington, on the daj 84 PEACE CONFEEENCE REPORT. designated, to meet such Commissioners as may be appointed by any of the States in accordance with the foregoing invitation. Resolved, That if said Commissioners shall agree upon any plan of adjustment requiring amendments to the Federal Constitution, they be requested to communicate the proposed amend- ments to Congress, for the purpose of having the same submitted by that body, according to the forms of the Constitution, to the several States for ratification. Resolved, That if said Commissioners cannot agree in an adjustment, or if agreeing, Congress shall refuse to submit for ratification such amendments as they may propose, the Commissioners of this State shall immediately communicate the result to the Executive of this Commonwealth, to be by him laid before this General Assembly. Resolved, That in the opinion of the General Assembly of Kentucky, the propositions embraced in the resolutions presented to the Senate of the United States by the Hon. John J. Crittenden, so construed that the first article proposed as an amendment to the Constitution of the United States shall apply to all the territory of the United States now held or hereafter acquired south of latitude 36 deg. and 30 min., and provide that slavery of the African race shall be effectuallv protected as property herein during the continuance of the Territorial Government; and the fourth article shall secure to the owners of slaves the right of transit with their slaves between and through the non-slaveholding States and Territories, constitute the basis of such an adjustment of the unhappy controversy which now divides the States of this Confederacy, as would be acceptable to the people of this Commonwealth. Resolved, That the Governor be, and he is hereby, requested to communicate information of the foregoing appointment to the Commissioners above named, at as early a day as practicable, and that he also communicate copies of the foregoing resolutions to the Executives of the respec- tive States. INDIANA. A JOINT RESOLUTION authorizing the Governor to appoint Commissioners to meet those sent by other States in Convention on the state of the Union. Whereas, The State of Virginia has transmitted to this State resolutions adopted by her General Assembly, inviting all such States as are willing to unite with her in an earnest effort to adjust the unhappy controv-ersies, in the spirit in which the Constitution was originally formed, to send Commissioners to meet those appointed by that State in Convention, to be held in the city of Washington, on the fourth day of February next, to consider, and if possible, to agree upon some suitable adjustment : And whereas, some of the States to which invitations were extended by the State of Virginia have alreadv responded and appointed their Commissioners: therefore, Resolved by the General Assembhj of the State of Indiana, That we accept the invitation of the State of Virginia, in the true spirit of fraternal feeling, and that the Governor of the State is hereby directed and empowered to appoint five Commissioners to meet the Commissioners appointed by our sister States, to consult upon the unhappy differences now dividing the country; but the said Commissioners shall take no action that will commit this State until nineteen of the States are represented, nor without first having communicated with this General Assembly in regard to such action, and having received the authority of the same so to commit the State. Resolved, That while we are not prepared to assent to the terms of settlement proposed by the State of Virginia, and are fuilv satisfied that the Constitution, if fairly interpreted and obeyed, contains ample provision within itself for the correction of the evils complained of; still, with a disposition to reciprocate the patriotic desire of the State of Virginia, and to have harmoniously adjusted all differences existing between the States of the Union, this General Assembly is induced to respond to the invitation of Virginia, by the appointment of the Commissioners here- in provided for; but as the time fixed for the Convention to assemble is so near at hand that the States cannot all be represented, it is expected that the Commissioners on behalf of this State will insist that the Convention adjourn until such time as the States shall have an opportunity of being represented. Resolved, That his Excellency, the Governor, be requested to transmit copies of these resolu- tions to the Executives of each of the States of the Union. DELAWARE. JOINT RESOLUTIONS appointing Commissioners. Whereas, The State of Virginia has recommended the holding of a Convention of Delegates from all the States of the Union, at the City of Washington, on the 4th day of February next, for the purpose of taking into consideration and perfecting some plan of adjusting the matters of controversy now bo unhappily subsisting in the family of States, and hasappointed five Com- missioners to represent the people of that Commonwealth in said Convention ; and PE.\CE CONFERENCE REPORT. 85 Whereas, the people of tlie Stiitc of Delaware regard the preservation of the Uulnn as para- mount to any jtolitical consideration, and are lixed in their determination tliat Delaware, the first to adopt the Federal Constitution, will be the last to do any act tending to dcstroj the iutegi-ity of the Union; therefore, lie it n sallied Inj the Srnatr and House of lii'iirrsnitativis of the State of Dclavarr in General Asseinlihj met, Tiiat the Hon. ,(ie()ri:;e B. Rudiiey, Daniel M. Jiates, Ks(|., Dr. Jienry llid^dey, Hon. John W. Houston, and VVilliani Cannon, iv-c]., be, and they are hereby, ajipointed Com- missioners, on l)elialf of the State of Delaware, to represent the people of said State in tiie Con- vention to be held at Washington, on the fourth day of February next. liesulved, That in the opinion of this (ieneral Assembly, the people of Delaware are thor- outrhlv devoted to the perpetuity of the Union, and that the Comini.ssioncr.s appointed by the foregoing resolution are expected to emulate the example set by the immortal patriots who framed the Federal Constitution, by sacriiicing all minor considerations upon the altar of the Union. Resolved further. That it shall be the duty of the Secretary of State to furnish a copy of the above preamble and resolutions to each of tlie Commissioners hereiaand hereby appointed, duly attested under the great seal of the State. Kesohed further," Thtxi immediately upon the adoption of the foregoing preamble and resolu- tions, it shall be the duty of the Clerk of the House to transmit to the Secretary of State a copy thereof, certified by him; and when the Secretary of State shall have received said copy so cer- tified, it shall be evidence that said preamble and resolutions were duly adopted by this General Assembly. ILLINOIS. Whereas, Resolutions of the State of Virginia have been communicated to the General Assembly of this State, proposing tlie appointment of Commissioners by the several States to meet in convention, on the 4th day of February, A. D. ISGl, at Washin^jton. Resolved liij the Senate, the House of Representatives concurring herein, That with the earnest desire for the return of harmony and kind relations among all our sister States, and out of respect to the Commonwealth of Virginia, the Governor of tliis State be requested to appoint five Com- missioners on the part of the State of Illinois, to confer and consult with the Commissioners of other States who shall meet at Washington: Procidcd, That said Commissioners shall at all times be subject to the control of the General Assembly of the State of Illinois. Resolved, That the appointment of Commissioners by the State of Illinois, in response to the invitation of the State of Vipginia, is not an expression of opinion on the part of this State that any amendment of the Federal Constitution is requisite to secure to the people of the slavehold- ing States adequate guarantees for the security of their rights, nor an approval of the basis of settlement of our dilHculties ))roposed by the State of Virginia, but it is an expression of our willingness to unite with the State of Virginia in an earnest efibrt to adjust the present unhappy oontroversies in the spirit in which the Constitution was originally formed, and consistently with its principles. Resolved, That while we are willing to appoint Commissioners to meet in convention with those of other States for consultation upon matters which at presennt distract our harmony as a nation, we also insist that the appropriate and constitutional method of considering and acting upon tlie grievances complained of by our sister States, would be by the call of a convention for the amendment of the Constitution in the manner contemplated by the fiifr.h article of that instiu- ment; and if the States deeming themselves aggrieved, shall request Congress to call such conven- tion, the Legislature of Illinois will and does concur in such call. XEW .lEr.SEY. JOINT RESOLUTIONS in relation to the Union of the States. Wherfas, The people of New Jersey, conforming to the opinion of "the Father of his Coun- try," consider the unity of the government, which constitutes the people of the United States one people, a main pillar in the edifice of their independence, the support of tlieir tranquility at •home and peace abroad, of their prosperity, and of that liberty which they so highly prize; and properly estimating tlie immense value of their National Union to their individual happiness, they cherish a cordial, habitual, and immovable attachment to it .as the palladium of their polit- ical safety and prosperity; therefore, 1. Be it resolved hy tlie Senate and General Assemhhj of the Slate of Nero Jersey, That it is the duty of every good citizen, in all suitable and proper ways, to stand by and sustain the Union of the States as transmitted to us by our fathers. '2. And he it resolved. That the government of the United States is a national government, and the Union it was designed to perfect is not a mere compact or league; and that the Constituiioa was adopted in a spirit of mutual compromise and concession by the people of the United States, uad can only be preserved by the constant recognition of that spirit. ^6 PEACE CONFERENCE REPORT. 3. And he it resolved. That however undoubted may be the right of the general government to maintain its authority and enforce its laws over all parts of the couutiy, it is equally certain that forbearance and compromise are indispensable at this crisis to the perpetuity of the Union, and that it is the dictate of reason, wisdom, and patriotism peacefully to adjust whatever differ- ences exist between the different sections of the country- 4. And he it resnlced. That the resolutions and propositions submitted to the Senate of the United States by the fion. John J. Crittenden, of Kentucky, for the comjnomise of the questions in dispute between the j)etip!e of the Norihern and of the Southern States, or any other constitu- tional method that will permanently settle the question of slavery, wiU be acceptable to the people of the State of New Jersey, and the Senators and Representatives in Congress from New Jersey be requested and earnestly urged to support those resolutions and propositions. 5. And he it resolved, I'hat as tlie Union of tlie States is in imminent danger unless the reme- dies before suggested be speedily adopt rd, then, as a last resort, the State ol New Jersey hereby makes application, according to the terms of the Constitution, of the Congress of the United States, to call a convention (of the States) to propose amendments to said Constitution 6. And he it resoUed, That such of the States as have in Ibrce laws which interfere with the constitutional rights of citizens of the other Stutes, either in regard to their persons or property, or which militate against the just construction of that part of the Constitution that provides that " the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States," are earnestly urged and requested, for the sake of peace and tbe Union, to repeal all such laws. 7. And he it resolved. That His Excellency, Charles S. Olden, Peter D. Vroom, Robert F. Stockton, Benjamin Williamson, Joseph F. Randolph, Frederick T. Frelinghuysen, Rodman M. Price, William C. Alexander, and Thomas J. Stryker, be appointed commissioners to confer with Congress and our sister States, and urge upon them the importance of carrying into effect the principles and objects of the foregoing resolutions. 8. And he it resolved, That the commissioners above named, in addition to their other powers, be authorized to meet with those now or hereafter to be appointed by our sister State of Virginia, and such commissioners of other States as ha^ e been, or may be hereafter appointed, to meet at W^ashington on the fourth day of February next. 9. And he it resolved, That copies of the foregoing resolutions be sent to the President of the Senate and Speaker of the House of Representatives of the United States, and to the Senators and Representatives in Congress from New Jersey, and to the Governors of the teveral States. NEW YOKK. CONCURRENT RESOLUTIONS appointing commissioners from this State to meet commis- sioners from other States at Washington, on invitation of Virginia. Whereas, The State of Virginia, by resolutions of her General Assembly, passed the IBth instant, has invited such of tlie slaveholding and non-slaveholding States as are willing to unite with her to meet at Washington on the 4th of February nest, to consider, and, if practicable, agree on some suitable adjustment of our national difficulties ; and whereas, the people of l^ew York, w-hile thev hold the opinion that the Constitution of the United States, as it is, contains all needful guarantees for the rights of the States, are, nevertheless, ready at all times to conier with their brethren upon all alleged grievances, and to do all that can justly be requiied of them to allav discontent : therefore, Resolved, That David Dudley Field, Wm. Curtis Noyes, James S. W^adsworth, Jas. C. Smith, Amaziah B. James, Erastus Corning, Addison Gardiner, Greene C. Bronson, Wm. E. Dodge, ex- Governor John A. King, and Major General John E. Wool, be, and are hereby, appointeel com- missioners, on the part of this State, to meet Commissioners from other States in the city of Wash- ini^ton on the 4th day of February next, or so soon thereafter as Commissioners shall be appointed by a majority of the States of the Union, to confer with them upon the complaints of any part of the country, and to suggest such remedies therefor as to them shall seem lit and proper ; but the said Commissioners shall, at all times, be subject to the control of this Legislature, and shall cast five votes to be determined by a majority of their number. Resolved, Th;it in thus acceding to the request of Virginia, it is not to be understood that this Legislature approve of the propositions submitted by the General Assembly of that State, or con- cedes the propriety of their adoption by the proposed Convention. But while adhering to the position she lias heretofore occupied. New York will not reject an invitation to a conference, which, by bringing together the men of both sections, holds out the possibility of an honorable settlement of our national diiiiculties, and the restoration of peace and harmony to the country. Resolved, That the Governor be retiuested to transmit a copy of the foregoing resolutions to the Executives of the several States, and also to the President of the United States, and to in- form the Commissioners without delay of tlieir appointment. Resolved, That the foregoing resolutions be transmitted to the honorable the Senate, with a request that they concur therein. PEACE CONFERENCE REPORT. 87 pen:n.svj;vama. RESOLUTIONS to appoint Commissioners to a Coiivcutiun of tlie States. Whcrens, the Lepislsiture of tl)e State of Virginia has invited a meeting; of Commissioners from the Fevenil Stutes of this Union, to be lielii in tlic city of VVa.^liiiifiton, on the 4th day of Fehruiiry mxt, to consider, and if pracliciibie, ajjree npon some f-'uital>le adjustment of tiie \inhappy dilVerenccs wliich now disturb the business of the country und threaten tiie dissolution of this Union : And wlureas, in the opinion of this Legislature, no rcat;on.ibIc cause exists f(ir this extru- ordinary excitonient wliich now pervades some of the States, in relation to tliiir domestic institu- tions, and wliile Pennsylvania still adheres to, and caiuiot surrender the principles wliich she lius always entertained on the >ubject of slavery, this Legislature is willing to accept the invitation of Virginia, and unite with her in an earnest effort to restore the peace of the country, bv such means as may be consistent with the principles upon which the Constitution is founded ; there- fore, Resolved by the Senate and Hotifie of Rejireseniatives of the Cowmonircalth of Pennsylvania in General Anssivibly met, That the invitation of the Lejiislaturc of \'irf;inia to her sister States, for the apiiointmeut of Conimissioners to meet in the city of \Vasliiii;^ton, on the fourth of February next, be, and the same is hereby, accepted ; and that the Governor be, and he is hereby, authorized to appoint seven Commissioners for the State of Pennsylvania, whose duty it shall be to repair to the city of Washington, on the day designated, to meet sucii Commissioners as may be appointed by any other States, which have not authorized or sanctioned the seizure of the forts, arsenals, or other property of the United States, to consider, and if possible, to agree upon suitable measures for tlie prompt and fijial settlement of the diiiiculties which now exist : Provided, That the said Commissioners shall be subject, in all their proceedings, to the instructions of this Legislature. Resolved, That in the opinion of this Legislature, the people of Pennsylvania do not desire any alteration or amendment of the Constitution of the United States, and any recommendation from this body to that effect, while it does not come within its appropriate and legitimate duties, would not meet with their approval ; that Pennsylvania will cordially unite with the other .States of the Union in the adojition of any proper constitutional measures adccjuate to guarantee and secure a more strict and faithful observance of the second section of the fourth article of the Constitution of the United States, which provides, among other things, that " the citizens of each State shall be entitled to all privileges and immunities of citizens of the several States," and that no person held to service or labor in one State under the law thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due. MASSACHUSETTS. RESOLVE for the appointment of Commissioners to attend a Convention to be held in the city of V\/^ashington. Whereas, The Commonwealth of Massachusetts is desirous of a full and free conference with the General Government, and with any or all of the other States of the Union, at any time, and on every occasion, when such conference may promote the welfare of the country ; and whereas, questions of grave moment have arisen touching the powers of the Government and the relations between the different States of the Union ; and wliereas, the State of Virginia has expressed a desire to meet her sister States in Convention at Washington : therefore. Resolved, That the Governor of this Commonwealth, by and with the advice and consent of the council, be, and he hereby is authorized, to appoint seven persons as Commissioners, to pro- ceed to Washington to confer with the General Government, or with the se[iarate States, or with any association of delegates from such States, and to re[iort their doings to the Legislature at its present session ; it being expressly declared that their acts shall be at all times under the coDtrol, and subject to the approval or rejection, of the Legislature. EIIODE ISLAND. Whereas, The General Assembly of the Commonwealth of Virginia, on the I9th day of January iust., adopted resolutions inviting the sister States of this Union to appoint Commis- sioners to meet on the 4th day of February next in the city of Washington, to consider the prac- ticability of agr(eing on terms of adjustment of our present national troubles : Reanlced, That the (iovernor be, and he is hereby authorized, to appoint five Commissioners, on the part of this State, to meet such Commissioners as may be appointed l>y other States, In 00 PEACE CONFERENCE REPORT. the city of Washington on the 4th day of February next, to consider, and, if practicable, agree upon some amicable adjustment of tlie present unhappy national difficulties, upon the basis and in the spirit of the Constitution of the United States. MISSOUEI. JOINT RESOLUTION to appoint Commissioners. Resolved by the House of Represeniatives, the Senate covcurring thereivij That Waldo P. John- son, John D. Coalter, A. W. Doniphan, flarrison Hough, and A. H. Buckner, be appointed Com- missioners, on the part of the State of Missouri, to meet Commissioners from Virginia, and other States, in Convention at Washington city on the 4th of February, 1861, to endeavor to agree upon some plan of adjustment of existing difficulties, so as to preserve or to reconstruct the Union of these States, and to secure the honor and equal rights of the slaveholding States. Said Commissioners shall always be under the control of the General Assembly, except when the State Convention shall be in session, during which time they shall be under the control of the Convention. LBFe '07 5^ , OF THE KENTUCKY COMMISSIONERS TO THE LATE PEACE CONFERENCE HELD AT WASHINGTON CITY, MADE TO THE LEGISLATURE OF KENTUCKY. FRANKFORT, KY.: PRINTED AT THE Y E O .M A N OFFICE, JNO. B. MAJOR, STATE PRINTER. 1861. BSwRJwwf iH V LIBRARY OF CONGRESS li 11 1 1 li^. i 1 012 026 468 ^ ^^^^^^^^H 5 Mmi^> V ' HHjiliij