j
J
A REPORT.
OF TE
DEBATES AND PROCEEDINGS
SECRET SESSIONS
OFTHE
COiNFERENCE CONVENTION,
FOR PROPOSING
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES,
HELD AT
WAlSHINGTON, D. C., IN FEBRUARY, A.D. 1861.
BY
B. E. CHITTENDEN,
_     4,S  1,.
ONE OF THE DELEGATES.
NEW YORK:
D. APPLETON & COMPANY,
443 & 445 BROADWAY.
1864.
IN THE 
ENTERD, according to Act of Congress, in the year 1864  by
D. APPLETON & CO.,
In the Clerk's Office of the District Court for the Southern District of New York. 
-ifi
INTRODUCTION.
IF I had been guided by my judgment alone it is not
probable that these notes of the debates in the Conference, held upon the invitation of Virginia, at Washington, in the month of February, 1861, would have been
made public. From the commencement of its sessions, a
portion of the members were in favor of the daily publication of the proceedings. I was disposed to go farther and have the sessions open to the public; but this
proposition was opposed by a large majority. Strong
reasons were urged for excluding the multitude which
in the excitement of the time would have thronged the
hall wherein the Conference held its sessions. But these
reasons did not apply to the publication of the debates,
and a considerable minority were strongly of opinion that
the people should be informed daily, of the votes and
remarks of their representatives in that body.
I commenced taking notes on the first day of the
session. For the first few days, and until the reports
were presented from the general committee, there was
but little discussion, and that related to questions incidental to the general subject. On the 15th of February,
and before the committee reported, Mr. ORTIt offered a
resolution authorizing the admission of reporters, which,
after some discussion, by a close vote was laid upon the
table. On the 18th, finding the labor of taking notes
greater than I had anticipated, and desiring that a cornm. 
INTRODIJCTION.
plete record should be preserved; I introduced a resolution providing for the appointment of an official stenographer, who should report the proceedings and hold
them subject to the order of the Conference.  I urged the
adoption of this resolution as strenuously as was proper,
but the feeling of the majority appeared to be still adverse
to its passage, and it shared the fate of its predecessor. I
then revised the notes already taken, and finding them
more complete than I had anticipated, determined to
make as accurate a report as I was able of the general discussion.  I could not then anticipate whetlher such a report would be useful to the country or not; but I thought
if the Conference should propose amendments to the
Constitution, and these should be ultimately submitted
to the States for adoption, a knowledge of the motives
and reasons which influenced the action of the Conference as well as the construction which the members
gave to the propositions themselves, might become of as
great importance as the same subjects were in the convention which framed the present Constitution.  I attended every session of the Conference, and, so far as my
strength would permit, made as full and accurate notes
as I could, both of the action of the Conference and the
observations of its members.
These notes were carefully examined and revised immediately after the close of each daily session. After
the passage of the resolution introduced by Mr. BARRiNGER, removing the injunction of secrecy and authorizing
their publication, I determined to write them out for the
press.  I was engaged in this work when the rebellion
commenced, and was shortly after called to the performance of the duties of an official position, which
for many months left me no leisure for other employ.
ments.
4 
INTRODUCTION.
My notes were then laid aside.  As it was known
by every member of the Conference that I had taken
them, I was often pressed to permit selections from them
to be made. These requests I invariably declined, as I
desired the publication, if made at all, to be entire, as
well as accurate. As time passed, these appeals became
more frequent and pressing, and claims were made in relation to the course of several of the members which
could only be sustained or refuted by a publication of
their remarks.  At length I was earnestly requested to
write out one of these speeches, and after some weeks of
delay consented to do so.
After the publication of this speech, which took place
about the time of the fall elections of 1863, previous to
which the action of the Conference had been much discussed, the desire to see a full report of the proceedings
of that body appeared to be excited anew. Letters and
personal interviews upon this subject became very numerous.  I finally determined to take the advice of a number of gentlemen who were prominent in the convention
and the country, as to the propriety of yielding to this
desire, and to be guided by it. I did so, and found among
them a remarkable unanimity of expression in favor of
making the history of the Conference public.
When this question was settled, I desired to avail
myself of every opportunity to secure the highest degree
of accuracy and fidelity. I addressed notes to such of
the members as were accessible, asking them to transmit
to me such memoranda of the proceedings of the Conference as they had preserved.  The response to these
letters was very gratifying; not because the ma,
terials furnished were very full, but because so general a
purpose was shown by all the members thus addressed,
to furnish me every facility and aid in their power.
5 
INTRODUCTION.
I have found much difficulty in determining what
control each member ought to be permitted to exercise
over his own remarks.  The most agreeable course to me
would have been, to have written out each speech  and
submitted it to its author for correction or revision; but
to this there was a decisive objection.  It would have
depreciated, if not destroyed, the accuracy of the report.  Although I do not believe that any gentleman
would have been tempted to change the tenor of his remarks by subsequent events, the view of the public
might not have been so charitable.
I have therefore made my own notes the standard
of authority, and have admitted nothing into the report
which has not been justified by them  aided by my
own  recollection.    The  manuscript  has  not  been
changed or added to, except by my own hands.  The
few instances in which I have availed myself of the
materials furnished by others, are distinctly stated either
in the notes or the appendix.
During the sessions of the Conference I was able to
secure but little practical assistance from the members.
Although many of them desired that my purpose should
be accomplished, and some were taking brief and gen.
eral notes, I soon discovered that an accurate report of
a speech required an amount of labor and a degree of
attention to the subject, which few gentlemen were inclined to give.  The work, therefore, was thrown almost
exclusively upon myself. Some idea of its amount and
severity may be formed when it is stated, that the sessions usually commenced at about ten o'clock in the
morning, and with a brief intermission were continued
late in the evening, in one instance as late as the hour of
two o'clock, A. A.  The necessity of these long daily sessions, arose from the fact that the Congress then in exist
6 
InTRODU(TION.
ence terminated on the fourth of March, and but few
days remained in which to discuss and perfect the report,
and to submit it to that body for its action.
I do not claim to have furnished a verbatim report
of the speeches delivered in the Conference of 1861, but
I insist that I have given an accurate account of all
its official proceedings, and the substance of the remarks
made in the course of those proceedings.  I think, also, that
I have preserved nearly all the propositions made in the
course of the debate, and generally have presented the
ideas in the very language used.  The gentlemen who
have critically examined the report, all concur upon the
question of its general accuracy, and I am content in this
respect to rely upon their testimony.
I have suggested these considerations simply by way
of explanation, and not for the purpose of avoiding criticism. I have endeavored to follow, so far as was in my
power, the example of the illustrious Reporter of the
Constitutional Convention of 1787; and while my notes
lack the beauty and felicity which characterize his, I
trust they are not less full and accurate.  I submit them
to the country as the best contribution which I can make
to its history, at a most important and interesting period
of our national existence.
The three short years which have passed since the
Conference of 1861, have witnessed singular vicissitudes
among its members.  Many of them have entered into
the military or civil service of the country, or of the re
bellion which it was the avowed purpose of some members of that Conference to nourish into vigorous life.
Death, also, has been busy with the roll.  BALDwIN,
BROTSON, SMITH, WOLCOTT, TYLER, and CLAY,  are no
more.  ZOLLICOFFER fell at the hlead of a rebel army.
HAcKE 1MA  sealed with his blood his devotion to the prin
I 
INTRODUCTION.
ciples he advocated upon the field of Corinth, and now.
while I am writing these pages in a morning of beautiful spring, when tree, and shrub, and grass, and flower, are
bursting into life and beauty; from the roar of cannon,
the rattle of musketry, and the deadly storm of lead and
iron, which bearing destruction upon its wings is waking
the echoes of the "Wilderness," comes the mournful
tidings that WADSWORTH  has fallen.  In that Conference or in the world, there was never a purer or a more
ardent patriot. Those of us who were associated with
him politically, had learned to love and respect him.
His opponents admired his unflinching devotion to his
country, and his manly frankness and candor. Hie was
the type of a true American, able, unselfish, prudent,
unambitious, and good. Other pens will do justice to
his memory, but I thought as I heard the last account of
him alive, as he lay within the rebel lines, his face wearing that calm serenity which grew more beautiful the
nearer death approached, after having given so abundantly of his goods, now yielding his life to his country in
the hour of her trial, that hereafter the good and true
men of the nation would emulate the illustrious example
of his patriotism, and would prize the blessings of a free
government the more highly, as they remembered that
it could only be maintained and perpetuated by such
expensive sacrifices.
L. E. C.
May, 1864.
8 
PROCEEDINGS OF THE CONERENCE
Washington, D.C.
MfONDAY, February 4th, 1861.
CommIssIoNErs representing a number of the States, assembled at Willard's Hall, in the City of Washington, D. C., on the
fourth day of February, A. D. 1861, at 12 o'clock M., in pursuance of the following preamble and resolutions, adopted by the
General Assembly of the State of Virginia, on the nineteenth
day of January, A. D. 1861:
" Whereas, It is the deliberate opinion of the General Assembly of Vir ginia, that unless the unhappy controversy which now divides the States of
this confederacy, shall be satisfactorily adjusted, a permanent dissolution of
Union is inevitable; and the General Assembly, representing the wishes
of the people of the commonweath, 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 commonweath of Virginia, an invitation
is hereby extended to all such 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 which the Constitution was
originally formed, and consistently with its principles, so as to afford to the
people of the slaveholding States adequate guarantees for the security of their
rights, to appoint commissioners to meet on the fourth day of February next,
in the City of Washington, similar commissioners appointed by Virginia, to
consider, and if practicable, agree upon some suitable adjustment.
Resolved, That ex-President JOHN TYLER, WILLAM. C. RIVES, Judge Jom
W. BEOOCEFNBOUGH, GEORGE W. SUMMERS, and JAMES A. SEDDON are hereby ap
4. 
PROCEEDINGS OF THE CONFERENCE.
pointed commissioners, whose dutyit shall be to repair to the City of Washington, on the day designated in the foregoing resolution, to meet such commissioners as may be appointed by any of said States, in accordance with the
foregoing resolution.
Resolved, That if said commissioners, after full and free conference, shall
agree upon any plan of 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 svral States for ratification.
Resolved, That if said commissioners cannot agree on such adjustment,
or if agreeing, Congress shall refuse to submit for ratification, such amendments as may be proposed, then the commissioners of this State shall immediately communicate the result to the executive of this commonwealth, to be
by him 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. Jon J. CRITTrENDEN, so modified as that the first article proposed as an amendment to the Constitution of the United States, shall apply
to all the territory of the United States now held or hereafter acquired south
of latitude thirty-six degrees and thirty minutes, and provide that slavery of
the African race shall be effectually protected as property therein during the
continuance of the territorial government, and the fourth article shall secure
to the owners cf 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 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 thie United States, and Judge JOHN ROBERTSON is hereby appointed, by a like vote, a commissioner to the State of 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 the United
States.
R?esolved, That copies of the foregoing resolutions be forthwith telegraphed
to the executives of the several States, and also to the President of the United
States, and the Governor be requested to inform, without delay, the commissioners of their appointment by the foregoing resolutions.
[A copy from the rolls.]                  WM. F. GORDON, JR.,
G.  H. D). and..R. of Va.
10 
PROCEEDINGS OF THIE CONFERENCE.
The Conference was called to order by Mr. MOREHEAD, of Kentucky, who proposed the name of the honorable JoHN C. WRIGHT,
of Ohio, as temporary Chairman.
The motion of Mr. MOREHEAD was unanimously adopted.
Mr. WRIGHIT was conducted to the Chair by Mr. MEREDrrITH,
of Pennsylvania, and Mr. CHASE, of Ohio, and proceeded to ad dress the Conference as follows:
My warmest thanks are due to you, Gentlemen, for the unde served honor which you have conferred upon me, in selecting me
for the purpose of temporarily presiding over your deliberations.
We have come together to secure a common and at the same
time a most important object-to agree if we can upon some
plan for adjusting the unhappy differences which distract the
country, which will be satisfactory to ourselves and those we rep resent. We have assembled as friends, as brothers, each, I doubt
not, animated by the most friendly sentiments.
If we enter upon, and with these sentiments carry through, a
patient examination of the difficulties which now surround the
Government, the result will be, it must be, a success, earnestly
hoped for by every lover of his country; a result which will establish the Union according to the spirit of the Constitution.
For myself, I may say that I have come here with the earnest
purpose of doing justice to all sections of the Union. I will hear
with a patient and impartial mind all that may be said in favor
of, or against such amendments of the Constitution as may be proposed. Such of them as will give to the Government permanence,
strength, and stability, as will tend to secure to any State, or any
number of States, the quiet and unmolested enjoyment of their
rights under it, shall receive my cordial support. My confidence
in republican institutions, in the capacity of the people for self-government, has been increased with every year of a life which has
been protracted beyond the tearm usually allotted to man. That
life is now drawing to a close, and I hope, when it ends, I may
leave the Government more firmly established in the affections
of my countrymen than it ever was before. To this end I have
always labored, and shall continue to labor while I live. I pray
GOD that He will be with us during our deliberations, and that
I-e may guide them to a happy and wise conclusion.
11 
PROCEEDINGS OF THE CONFERENCE.
Mr. BENJAMIN C. IHOWARD, a commissioner from the State of
Maryland, was unanimously appointed temporary Secretary.
The Roll of the States was then called over, and commissioners representing the following were found to be present:    -
New Hampshire,
Rhode Island,
New Jersey,
Pennsylvania,
Mr. PRICE, of New Jersey:-I am informed that a number
of Reporters for the press are at the door of the hall, desiring
admittance to this Conference, for the purpose of reporting our
proceedings. Whatever may be the ultimate action of the Conference in this respect, I can see no objection to the admission of
reporters to-day, for our business will relate wholly to organizeation. I hope we shall admit them, and I make that motion.
Mr. SEDDON,  of Virginia:-I hope this motion will not
prevail. I do not see that any good can possibly come of giving publicity now, to our proceedings. On the contrary, in the
present excited condition of the country, I can see how much
harm might result from that publicity. It is not unlikely that
wide differences of opinion will be found to exist among us at
the outset. These we shall attempt to harmonize, and if we succeed, it will only be by mutual concessions and compromises.
Every one should be left free to make these concessions, and not
subject himself to unfavorable public criticism by doing so. If
our deliberations are to attain the successful conclusion we so
much desire, it certainly is the course of wisdom that we should
follow the illustrious example of the framers of the present Constitution, and sit with closed doors.
The motion was thereupon, by viva voce vote, decided in the
negative.
Mr. MEREDITIHI:-I move the appointment of a committee
to consist of one member from each delegation present, to be
named by the delegation and appointed by the President, who
shall recommend permanent officers of this body, and also report
rules for its government.
Which motion was agreed to.
12
Delaware,
Maryland,
Virginia,
North Carolina,
Kentucky,
Ohio,
Indiana. 
PROCEEDINGS OF THE CONFERENCE.
The following gentlemen were then appointed such Committee on Rules and Organization:
Kentucky, Charles A. Wickliffe, Chairman; New Hampshire,
Amos Tuck; Rhode Island, William W. Hoppin; New Jersey,
Joseph F. Randolph; Pennsylvania, Thomas E. Franklin; Delaware, George B. Rodney; Maryland, John W. Crisfield; Virginia, William C. Rives; North Carolina, Thomas Ruffin; Ohio,
Reuben Hitchcock; Indiana, Godlove S. Orth. 
The Conference then adjourned to meet at 12 o'clock M.
to-morrow.
SECOND DAY.
WASHINGTON, TUEsDAY, February 5th, 1861.
THE Conference was called to order by the Chairman pro ten.,
pursuant to adjournment, and the journal of the proceedings of
the first day was read and approved.
Mr. FRANKLIN, of Pennsylvania:-It is usual in bodies of
this description to take measures to ascertain who are and who
are not duly accredited members. We should have the names of
all the Commissioners present brought on to our records. I
therefore move that a Committee of five be appointed by the
Chairman, to whom all credentials of members shall be referred
for examination and report.
The motion of Mr. FRANmELIN was adopted unanimously, and
the Chairman announced as such Committee Mr. Summers, of
Virginia; Mr. Franklin, of Pennsylvania; Mr. Guthrie, of Kentucky; Mr. Morehead, of North Carolina, and Mr. Smith, of Indiana.
Mr. WICKLIFFE, of Kentucky:-I rise at this time for the
purpose of making the report of the Committee on Organization.
I am instructed to report that we recommend that the permanent officers of the Convention be a President and Secretary, and
that the Secretary have leave to appoint assistants, not exceeding
two in number, to assist him in the discharge of his duties; and
that the President of this Convention be JOHN TYLER, of Virginia, and that CRAFTs J. WRIGHT, of Ohio, be its Secretary.
13
0 
PROCEEDINGS OF THE CONFERENCE.
The committee also report a series of rules for the government
of the Convention.
Mr. CLAY, of Kentucky:-I move that the question upon
accepting the report be divided, and that it be first taken on that
part of the report which relates to the officers of the Convention.
Which was agreed to without objection.
It was then moved, and unanimously voted, that the part of
the report relating to officers, be accepted, and the officers designated be appointed.
The Presidentpro tem. then appointed Mr. EwuG, of Ohio,
and Mr. MEERD'ITu, of Pennsylvania, to conduct the President
elect to the chair.
President TYLER upon taking his seat proceeded to address
the Convention as follows:
Gentlemen, I fear you have committed a great error in appointing me to the honorable position you have assigned me. A
long separation from all deliberative bodies has rendered the
rules of their proceedings unfamiliar to me, while I should find,
in my own state of health, variable and fickle as it is, sufficient
reason to decline the honor of being 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 place assigned him in the great work of reconciliation and adjustment.
The voice of Virginia has invited her co-States to meet her in
council. In the initiation of this Government, that 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 the urgency of her call now less great than it was then?
Our godlike fathers created, we have to preserve. They built
up, through their wisdom and patriotism, monuments which have
eternized their names. You have before you, gentlemen, a task
equally grand, equally sublime, quite as full of glory and immortality. You have to snatch from ruin a great and glorious
Confederation, to preserve the Government, and to renew and
invigorate the Constitution. If you reach the height of this
great occasion, your children's children will rise up and call
you blessed. I confess myself to be ambitious of sharing in
the glory of accomplishing this grand and magnificent result.
14
0 
PROCEEDINGS OF TIE CONFERENCE.
To have our names enrolled in the Capitol, to be repeated by fiture generations with grateful applause-this is an honor higher
than the mountains, more enduring than the monumental alabaster. Yes, 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 reviving in the memories of all, her Ethan Allen
and his demand for the surrender of Ticonderoga, in the name
of the Great Jehovah and the American Congress. New
Hampshire is here, her fame illustrated by memorable annals,
and still more lately as the birthplace of him who won for
himself the name of defender of the Constitution, and who wrote
that letter to John Taylor which has been enshrined in the hearts
of his countrymen.   Massachusetts is not here.  (Some 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 familiar to
her ears had been addressed to her in vain. Connecticut is here,
and she comes, I doubt not, in the spirit of ROGER SHERY,
whose name with our very children has become a household word,
and who was in life the embodiment of that sound practical
sense which befits the great lawgiver and constructer 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 feeling. New
Jersey is also here, with the memories of the past covering her
all over. Trenton and Princeton live immortal in story, the
plains of the last incrimsoned with the hearts 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 thirteen independent
and sovereign States. And here, too, is Delaware, the land of the
BAYARDS and the RODNEYS, whose soil at Brandywine was moistened by the blood -of Virginia's youthful MONROE.   Here is
Maryland, whose massive columns wheeled into line with those
15 
PROCEEDINGS OF THE CONFERENCE.
of Virginia in the contest for glory, and whose state house at Annapolis was the theatre of the spectacle of a successful Commander, who, after liberating his country, gladly ungirthed his sword,
and laid it down upon the altar of that country. Then comes
Pennsylvania, rich in revolutionary lore, bringing with her the
deathless names of FRANKLIN and MORRIS, and, I trust, ready to
renew from the belfry of Independence Hiall the chimes of the
old bell, which announced Freedom and Independence in former
days.  All hail to North Carolina! with her Mecklenberg Declaration in her hand, standing erect on the ground of her own probity and firmness in the cause of public liberty, and represented
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 the invitation
of their ancient mother the eldest, Kentucky, whose sons, under
the intrepid warrior AUTTHORY WAYNRE, gave freedon of settlement
to the territory of her sister, Ohio. She extends her hand daily and
hourly across la belle riviere, 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-prevented only from being here by 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 many an ensanguined plain, and standards torn from the hands
of the conquerors at Waterloo. Missouri, and Iowa, and Michigan, Wisconsin, and Minnesota, still linger behind, but it may be
hoped that their hearts are with us in the great work we have
to do.
Gentlemen, the eyes of the whole 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, committed a blunder in not having fixed upon every fifth
decade for a call of a general convention to amend and reform
the Constitution.   On the contrary, they have made the diffi culties next to insurmountable to accomplish amendments to an
instrument which was perfect for five millions of people, but not
wholly so as to thirty millions. Your patriotism will surmount
the difficulties, however great if you will but accomplish one
16 
PROCEEDINGS OF THE CONFERENCE.
triumph in advance, and that is, a triumph over party. And
what is party, when compared to the work of rescuing one's
country from danger?  Do that, and one long, loud shout of joy
and gladness will resound throughout the land
Mr. EWING:   I move that the remaining portion of the report of the Committee on Organization be postponed until tomorrow.
The motion of Mr. EWING was agreed to.
Mr. WICKLIFFE. I offer the following resolution:
Resolved, That the Conference shall be opened with prayer, and that the
clergymen of the city of Washington be requested to perform that service.
The resolution offered by Mr. WIcKLIFFE was adopted, and
prayer was then offered by the Rev. Dr. P. D. GURLEY, of Washington.
The PRESIDENT:-I have received a communication from
the Messrs. Willard, placing the Hall in which the Conference is
now sitting at the service of the Conference, while its sessions
may continue; also, a communication from the Mayor and Common Cauneil of the City of Washington, offering police officers
to attend our sittings.
It was moved, and agreed to, that these offers be severally
accepted.
Mr. JOHNSON, of M\aryland:-I move that the President
of the Conference be requested to furnish a copy of his address
to the Conference upon taking the Chair, that it be entered upon
the journal as a part of this day's proceedings, and that the same
be published.
Which motion was unanimously agreed to.
Mr. GRIMES, of Iowa:-I have received from the Governor
of the State of Iowa a communication, requesting myself and
my colleague in the Senate of the United States, and also the
members representing that State in the House of Representatives, to represent the State of Iowa here. I desire to present
his communication, that it may be referred to the Committee on
Credentials.
The communication was so referred, and on motion of Mr.
WRIGAT, of Ohio, the Conference adjourned.
2
17 
PROCEEDINGS OF THE CONFERENCE.
THIIRD DAY.
WASHINGTON, WEDNESDAY, Febrqary 6th, 1861.
THE Conference met at twelve o'clock, at noon, and was
called to order by the PFESIDENT.
The Journal of yesterday was read, and after amendment, was
approved.
Mr. SUMMERS:-I am instructed by the Committee on Credentials to make a report.  That committee has examined the
credentials which have been submitted to it, and finds the following-named gentlemen duly accredited as members of this Conference:
New  Hamsp8hire.-Amos  Tuck, Levi  Chamberlain, Asa
Fowler.
Vermow. —Hiland Hall, Lucius E. Chittenden, Levi Underwood, IHI. Hienry Baxter, B. D. Halris.
Nhode Island and Providence Plantations.-Samuel Ames,
Alexander Duncan, Willianm W. Hoppin, George H. Browne,
Samuel G. Arnold.
Connecticut.-Roger S. Baldwin, Chauncey F. Cleveland,
Charles J. McCurdy, James T. Pratt, Robbins Battell, Amos S.
Treat.
New Jersey.-Charles S. Olden, Peter D. Vroom, Robert F.
Stockton, Benjamin Williamson, Joseph F. Randolph, Frederick
T. Frelinghuysen, Rodman M. Price, Williamn C. Alexander,
Thomas J. Stryker. o
Pennsylvannia.-Thomas White, James Pollock, William M.
Meredith, David Wilmot, A. W. Loomis, Thomas E. Franklin,
William McNenlnan.
Delaware.-George B. Rodney, Daniel  M. Bates, Henry
Ridgeley, John W. Houston, William Cannon.
[arylanid. John F. Dent, Reverdy Johnson, John W. Cris field, AugustusW. Bradford, William T. Goldsborough, J. Dixon
Roman, Benjamin C. Howard.
VFrgina.-John Tyler, William C. Rives, John W. Brocken brough, George W. Summers, James A. Seddon.
orth Carolina.-George Davis, Thomas Ruffin, David S.
Reid, Daniel M. Barringer, J. M. Morehead.
18
10 
PROCEEDINGS OF THE CONFERENCE.
enttucky.-William O. Butler, James B. Clay, Joshua F.
Bell, Charles S. Morehead, James Guthrie, Charles A. Wickliffe.
O]io.-John C. Wright, Salmon P. Chase, William S. Groesbeck, Franklin C. Backus, Reuben Hitchcock, Thomas Ewing,
Valentine B. Horton.
Indciana.-Caleb B. Smith, Pleasant A. Hackleman, Godlove
S. Orth, E. W. H. Ellis, Thomas C. Slaughter.
Iowa.-James W. Grimes, Samuel H. Curtis, William Van
dever.
AIr. WICKLIFFE:-I move that the Secretary be author ized to employ one or more assistants. I am advised that the
Secretary cannot perform his duties without assistance, and I see
no objection to giving him this authority.
The motion of ir. WICKLIFFE was'agreed to.
Mr. WICKLIFFE -I now desire to call up the remaining
portion of the report of the Committee on Rules and Organization,
and to move its adoption at the present time. These Rules are
substantially the same as those which were adopted by the
convention which proposed our present Constitution. The
rule which we have reported securing secrecy, so far as our
proceedings are concerned, has been made the subject of much
discussion in the committee; and it was at first thought best to
recommend a modification of it. But upon reflection and consideration, and in view of the fact that, while the rule reported
requires that secrecy should be preserved in regard to all that is
said or done in this Conference, it does not prevent any member
from expressing his own hopes or predictions upon the final result
of our deliberations, we have thought best to let it remain as it is.
Mr. SEDDON: -I desire to offer an amendment to this portion of the report of the committee, which I will read for the
information of the Conference.  It is as follows:
" Resolved, That no part of the Journal be published without the order or
leave of the Conference, and that no copies of the whole or any part be furnished or allowed, except to members, who shall be privileged to communicate
the same to the authorities or deliberative assemblies of their respective
States, when deemed judicious or appropriate, under their instructions, and
that nothing spoken in the House be printed or otherwise published; but
private communications respecting the proceedings and debates, while recommended to:be with caution and reserve, are allowed at the discretion of
each member."
19 
PROCEEDINGS OF THE CONFERENCE.
It may be thought, that in offering this resolution, I am seeking a different end fromn the one I proposed yesterday, when I
advocated the proposition of excluding reporters from our sessions, and insisted that our proceedings should be at all times under the seal of secrecy. Such, however, is not my purpose. But
some discretion must be allowed us, in order that we may conform to and carry out the spirit of the resolutions under which
we respectively act. This is especially true in relation to myself and my colleagues. The resolutions under which we are
acting, require that we should from time to time communicate to
the legislature of Virginia the proceedings of this body, and to
express our own opinions of the prospect which may exist of the
settlement of existing difficulties. The Commissioners from
Virginia would be placed in a delicate, not to say an awkward
position, by the adoption of a rule here which would absolutely
prohibit such communications. I hope my amendment may be
adopted.
Mr. TUCK:-Would not the purpose of the gentleman from
Virginia be answered by giving any delegation leave to communicate any action actually taken by the Conference, with their
own opinions as to the probable result of our deliberations?
Mr. SEDDON:-Those opinions would possess no value, unless the facts and circumstances are communicated upon which
they are founded. It is very clear to me, that the best course
will be to entrust to the discretion of each member the privilege
of making these cominunications, trusting that he will not abuse
the confidence thus given.
Mr. WICKLIFFE:-I hope we have all come here with an
earnest desire to harmonize our conflicting opinions, and to unite
upon some plan which will settle our troubles and save the union
of the States. The South has spoken of the North in very se vere terms, and the North has not been slow in returning the
compliment. If we come finally, to any definite result satisfac tory to either side, it must be by mutual concessions, by confess ing our sins to each other, and endeavoring to live harmoniously
together in future.  In my judgment, secrecy is absolutely indis pensable to successful action here. I do not wish to be preclud ed from abandoning a position to-morrow, if I see cause for it,
which I have taken to-day. If the proceedings, and especially
20
1.  
PROCEEDINGS OF THE CONFERENCE.
the debates of this Conference, are made public from day to day,
they will go into the newspapers and be made the subject of
comment, favorable or otherwise. The necessary result will be,
that when a member is understood to have committed himself
to a particular proposition, or any special course of policy, that
pride of opinion, which we all possess, will render any change
of policy on his part difficult, if not impossible. I should sin  cerely regret the adoption of the resolution of the gentleman
from Virginia.
Mr. RANDOLPIH:-I move that the portion of the com mittee's report under consideration, together with the resolution
of M]o. SEDDON, be recommitted to the Committee on Rules and
Organization.
The motion of M.R. RADOLPI was agreed to.
Mr. GUTHRIE:-I have an idea relating to the plan which
should be adopted to carry into effect the purpose of this Con ference. I wish to propose it. We have come together upon the
invitation of the glorious old commonwealth of Virginia, the
mother of States and Statesmen.  We have come from the North
and the South, from the East and the West, to see whether our
wisdom can devise some means to avert the dangers which
threaten to destroy this noble Republic, founded by the wisdom
and patriotism of our ancestors.  I hope we are animated by a
common purpose. The storm is thre tening. The horizon is
covered with dark and portentous clouds. Section is arrayed
against section, and already seven of our sister States have separated from us and are proceeding to establish an independent
Confederation.  War!  Civil War!  is impending over us.  It
must be averted! Who does not know that such a war, among
such a people, must be, if it comes, a war of extermination.
Mr. PRESIDENT, I move the adoption of the resolution which
I now send to the chair.
The resolution of Mr. GUTIPRIE was read as follows:
Resolved, That a committee of one from each State be appointed by the
Commissioners thereof, to be nominated to the President, and to be appointed by him, to whom shall be referred the resolutions of the State of Virginia, and the other States represented, and all propositions for the adjustment of existing difficulties between States, with authority to report what
they may deem right, necessary, and proper to restore harmony and preserve
the Union, and that they report on or before Friday next.
21 
PROCEEDINGS OF THE CONFERENCE.
M1r. SEDDONX -It appears to me that the mode pointed out
by the resolution introduced by the gentleman from Kentucky, is
neither the one most appropriate nor expeditious for accomplishing the result desired. We are convened under the invitation of
the State of Virginia; and the same invitation that brings us
here, proposes the basis for our deliberation and action. Virginia
has stated what will be satisfactory to her; not as an utimatum,
but as a basis of adjustment. It appears to me that the proper
course would be, to take up the propositions of Virginia-propose amendments to them —discuss them, and in the end determine how far they shall be adopted.  The adoption of the resolution proposed, transfers the labors of this Conference, not in
itself too large for convenient deliberation, to a committee.
That committee is to discuss the various propositions offered
and report the result. What, in the mean time, is this Conference
to do? Nothing whatever! We are to meet here from day to
day and adjourn, no one knows how long, until this committee
reports, and then the discussion will commence which ought to
commence now.  Mr. PRESIDENT, if any thing is accomplished,
it must be accomplished speedily. Events are on the wing.
Already in my State the delegates are elected to a Convention,
which is to meet next week, to consider the subject which now
engrosses the minds of the American people. I hope my suggestion may meet with favor in the Conference.
Mr. EWING:-I cannot agree with the gentleman from
Virginia, for reasons which must be obvious to all. I do not
think Virginia intended to dictate the terms upon which we
were to act.  I am in favor of the resolution, but would make
one suggestion in relation to it. By its terms the committee is
to report on Friday, if it can properly do so. I suggest that the
committee should have leave to sit during the sessions of the
Conference. In this way our business may be greatly expedited.
Mr. GUTHRIE: It gives me pleasure to accept the modification proposed by the gentleman from Ohio. I should have incorporated it into my resolution.
The resolution as modified was then adopted by the Conference without a division.
The PRESIDENT:-I will take this occasion to announce a
committee to carry into effect the determination of the Confer
22 
PROCEEDINGS OF THE CONFERENCE.
ence relating to the obtaining of the services of clergymen to
open the proceedings of the Conference daily with prayer. The
Chair appoints as such committee, Mr. RUDOOLPH, of New Jersey,
Mr. WICKLIFFE, of Kentucky, and Mlr. Johnson, of Maryland.
M3r. JOHNSON:-It appears to me very appropriate, in
view of the occasion which has brought us together, that the
members of this Conference should pay their respects in a body
to the President of the United States. I therefore move that
we call upon him in a body at such a time as will be most
agreeable to him; such time to be ascertained by the President
of this Conference.
Which motion was unanimously agreed to.
Mr. CLAY:-I move the reconsideration of the vote by which
the portion of the report of the Committee on Rules and Organization not yet adopted was recommitted to that committee. I
do this in order that the Conference may now proceed to the
consideration of those rules which may be adopted without much
difference of opinion.
The vote was thereupon reconsidered, and the following rules
were severally read and adopted.  The remaining rules recommended were recommitted to the committee:
RULES.
I. 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 represented. But a less number than seven may adjourn from day to
day.
II. Immediately after the President shall have taken the
chair, and the members their seats, the minutes of the preceding
day shall be read by the Secretary.
III. Every member, rising to speak, shall address the President; and while he shall be speaking none shall pass between
them, or hold discourse with another, or read a book, pamphlet,
or paper, printed or manuscript; and of two members rising to
speak at the same time, the President shall name him who shall
first be heard.
IV.  A member shall not speak oftener than twice, without
23 
PROCEEDINGS OF THIE CONFERENCE.
special leave upon the same question; and not a second time
before every other who had been silent shall have been heard, if
he choose to speak upon the subject.
V. A motion made and seconded, shall be repeated; and if
written, as it shall be when any member shall so require, read
aloud by the Secretary before it shall be debated; and may be
withdrawn at any time before the vote upon it shall have been
declared.
VI. Orders of the day shall be read next after the minutes,
and either discussed or postponed, before any other business shall
be introduced.
VII. When a debate shall arise upon a question, no motion,
other than to amend the question, to commit it, or to postpone
the debate, shall be received.
VIII. A question which is complicated, shall, at the request
of any member, be divided and put separately upon the propositions of which it is compounded.
IX. A writing which contains any matter brought on to be
considered, shall be read once, throughout, for information; then
by paragraphs, to be debated, and again with the amendments,
if any, made on the second reading, and afterwards the question
shall be put upon the whole, as amended or approved in the
original form, as the case may be.
X. Committees shall be appointed by the President, unless
otherwise ordered by the Convention.
XI. A member may be called to order by another member,
as well as by the President, and may be allowed to explain his
conduct or expressions supposed to be reprehensible   And all
questions of order shall be decided by the President, without appeal or debate.
XII. Upon a question to adjourn for the day, which may be
made at any time, if it be seconded, the question shall be put
without debate.
XIII.  When the Convention shall adjourn, every member
shall stand in his place until the President pass him.
XIV. That no member be absent from the Convention, so
as to interrupt the representation of the State, without leave.
XV. That Committees do not sit while the Convention shall
be, or ought to be sitting, without leave of the Convention.
24 
PROCEEDINGS OF THE CONFERENCE.
XVI.  That no copy be taken of any entry on the Journal,
during the sitting of the Convention, without leave of the Convention.
XVII. That members only be permitted to inspect the
Journal.
XVIII.  Jode of Voting.  All votes  shall be  taken by
States, and each State to give one vote. The yeas and nays of
the members shall not be given or published-only the decision
by States.
After the adoption of the foregoing Rules, the Conference adjourned until 10 o'clock to-morrow morning.
FOURTH DAY.
WASHINGTON, THuiRsDAY, Fe6bruary t, 1861.
TUE Conference convened, pursuant to the adjournment yesterday, at 10 o'clock A. M.
It was called ta order by President TYLER, and prayer was
offered by Rev. Dr. PYNE, of Washington.
The Journal of yesterday was read, and after sundry amendments, was approved.
Messrs. J. HI. PULESTON, JOHN STRIYKER, W. W. HoPPIN, Jr.,
and         Olcott, took their places as Assistant Secretaries.
President TYLER:-Gentlemen of the Conference, as directed by the resolution which you adopted yesterday, I addressed
a note to the President of the United States, asking at what hour
it would be agreeable to him that this Conference should call on
him in a body. To this note I have received a reply which will
be read by the Secretary.
The Secretary then read the following note from the Presi
dent:
EXECUTIE MARSION, FebrUary 6th, 1861.
My DEAR Si:-I shall feel greatly honored to receive the gentlemen composing the Convention of Commissioners from the several States, on any day
and at any hour most convenient to themselves. I shall name to-morrow
25 
PROCEEDINGS OF THE CONFERENCE.
(Thursday) at 11 or 3 o'clock, though any other time would be equally
agreeable to me. I shall at all times be prepared to give them a cordial welcome.
Yours, very respectfully,
JAMES BUCHANAN.
His Excellency, JOHN TYLER.
The PRESIDENT:-What order will the Conference take
upon the subject?
Mr. GUTIRIE:-I move that the members of this Conference call in a body upon the President of the United States
this morning, at 11 o'clock.,
Mr. GUTRP.IE'S motion was adopted unanimously.
Mr. SUMMERS:-I am instructed by the Committee on
Credentials further to report, that the committee have examined
the credentials of the following gentlemen, and fnd them duly
accredited as members of this body:
New York.-William E. Dodge.
Tennessee.-Samuel Milligan, Josiah M. Anderson, Robert L.
Carruthprs, Thomas Martin, Isaac R. Hawkins, R. J. McKinney,
Alvin Cullom, William P. Hilckerson, George W. Jones, F. K.
Zollicoffer, William HI. Stephens, A. W. O. Totten.
Illnois.-John Wood, Stephen T. Logan, John M. Palmer,
Burton C. Cook, Thomas J. Turner.
Which report was accepted, and the names of the Commissioners were entered upon the record.
Mr. WICKLIFFE:-Certain printing has been ordered, but
no provision has been made for paying for it. The Committee on
Rules have therefore requested me to report the following resolution:
Resolved, That the Secretary procure for the use of the Convention the
necessary stationery, and also provide for such printing as may be ordered.
That the Journal, up to and including this day's proceeding, as well as the
Rules, be printed for the use of the members.
The resolution of Mr. WICKLIFFE was agreed to.
The PRESIDENT:-The respective delegations have recommended, and the Chair announces the names of the following
gentlemen to compose the committee ordered to be raised under
the resolution of Mr. GUTHRIE, which was adopted yesterday:
New Hampshire, Asa Fowler; Vermont, Hiland Hall; Rhode
26 
PROCEEDINGS OF THIE CONFERENCE.
Island and Providence Plantations, Samuel Ames; Connecticut,
Roger S. Baldwin; New Jersey, Joseph F. Randolph; Pennsylvania, Thomas White; Delaware, Daniel M\. Bates; North Carolina, Thomas Ruffln; Kentucky, James Guthrie; Ohio, Thomas
Ewing; Indiana, Caleb 1B. Smith; Illinois, Stephen T. Logan;
Iowa, James Harlan; Maryland, Reverdy Johnson; Virginia,
James A. Seddon.
Mr. WICKLIFFE:-The Committee on Rules have further
considered the rule relating to the secrecy of the debates and
proceedings of this body, and their convictions as to the necessity
and propriety of its adoption remain unchanged. The prospect
of an ultimate agreement among the Commissioners composing
this body, in the opinion of thie committee, would be materially
lessened if all or any of its debates should be made public, for
reasons which have already been stated. If any gentleman should
desire to communicate with the Executive or Legislative authorities of his State any facts, during the progress of our bnsiness, I
apprehend little difficulty would be experienced in obtaining the
leave of the Convention. We therefore recommend the following
Rule:
XIX.  That nothing spoken in the Convention be printed,
or otherwise published or communicated, without leave.
Ir. SEDDO N:-I do not desire to discuss the adoption of
the rule under consideration any further than I have already.
The Commissioners from the State of Virginia are appointed under resolutions which make it their duty to communicate from
time to time with her deliberative assemblies. We do not wish
to have our right to do so subject to the action of this or any
other body.  It is no answer to this to say, that there is no doubt
that the leave to make the necessary communications will be accorded to us when we ask it. We do not wish to ask it. We
insist upon our rights in this respect, as it is our duty to the State
that sent us here to do.
The rule was adopted upon a count of the members voting.
On motion, the Convention adjourned.
After the adjournment, the Convention in a body called upon
27 
PROCEEDINGS OF THE CONFERENCE.
the PRESIDENT of the UNITED STATES, when the several delegations
were introduced by President TYLER, and the several Commissioners were presented by thee chairmen of the several delegations.
FIFTH ID AY.
WASmnGTON, FRmDAY, February 8th, 1861.
THE Convention was called to order at 12 o'clock by President TYLER.  Prayer was offered by Rev. Dr. BUTLER.  After
sundry amendments, the Journal was approved.
Mr. SUMMEIRS:-I am directed by the Committee on Credentials to report that they find the following gentlemen duly accredited as members of the Convention:
New  Yorlk.-David Dudley Field, William Curtis Noyes,
James S. Wadsworth, Erastus Corning, Amaziah B. James, James
C. Smith, Addison Gardner, Greene C. Bronson, John A. King,
John E. Wool.
.fassachIsetts.-John Z. Goodrich, John M. Forbes, Richard
P. Waters, Theophilus P. Chandler, Francis B. Crowninshield,
George S. Boutwell, Charles Allen.
.8ss3ouri.-John D. Coalter, Alexander W. Doniphan, Waldo
P. Johnson, Aylett H. Buckner, Harrison Hough.
On motion of the respective delegations the following gentlemen were added to the committee raised on the resolution of
M]r. GUTHRIE:
-Yew York.-Mr. Field.
Xissouri.-Mr. Doniphan.
Tennessee. —Mr. Zollicoffer.
Mr. GUTHRIE:-I am instructed by the committee raised
upon the resolution introduced by myself, to inform the Convention that that body is not able to report to-day, agreeable to the suggestion made at the time they were appointed. Several States are yet unrepresented on the committee,
and delegations from some of them have only arrived this morning. I am therefore directed to ask for further time to make a
28 
PROCEEDINGS OF THE CONFERENCE.
report, assuring the Convention, at the same time, that a report
will be made at soon as a proper regard to the interests of all sections will permit it to be done.
Mr. CLAY:-I move that the time for the report of the committee be extended until Monday next. As in the mean time
there will be little business for the Convention to do, and that of
a formal character, it might be as well to adjourn from this time
until Monday; and I move further, that if delegates arrive from
States now unrepresented, they may present their credentials to
the committee, and if no question arises on them, they may
then select a member of the committee on Mr. GUTIIRIE's resolution, and report his name to the Secretary of that committee.
Mr. SEDDON  -I object to an adjournment until Monday.
We can meet here to-morrow and do any business which may
come before us.
The several motions of Mr. CLAY, with the alteration suggested by Mr. SEDDON, were then agreed to without a division.
Mr. ELLIS:-I move that the President be requested to issue
cards of admission to the members and officers of this Convention.
Which motion was adopted.
Mr. HITCHICOCK:-I would like to understand whether
we all construe the rule referring to the secrecy of our transactions alike. I am told that different constructions are placed upon
it by different members, and would suggest the propriety of the
PRESmENT'S giving his views of the meaning of the rule.
The PRESIDENT:-I understand, by the correct interpretation of the rule, that nothing which is said or done in the Convention having reference to any subject of business in it, can be
spoken of or disclosed to any but members.
The Convention then adjourned.
SIXTH DAY.
WASnINGTON, SATURDAY, February 9th, 1861.
TEE (Convention was called to order by the PRESm)ENT.
Prayer was offered by Rev. Dr. BULLOCx. The Journal was
read, corrected, and approved.
29 
PROCEEDINGS OF THE CONFERENCE.
Mr. SUMMES:-I am directed by the Committee on (Cre
dentials to report as members of this Convention the names of
the following gentlemen from the State of Maine:-William P.
Fessenden, Lot M. Morrill, Daniel E. Somes, John J. Perry,
Ezra B. French, Freeman IH. Morse, Stephen Coburn, Stephen C.
Foster.
Mr. 1MORRILL, of Maine, and Mr. CRowMNsnIELD, of MIassachusetts, were announced as members of the committee under the
resolution of Mr. GUTTHRIE.
Mr. TUCK:-I offer certain resolutions, which I desire to
have printed and referred to the Committee on Resolutions.
The resolutions of Mr. TucK were read, ordered to be printed,
and referred. (These resolutions will be found on a subsequent
page.)
Mr. CLAY:-I hold in my hand the proceedings of a very
large Democratic meeting recently held at New IHaven, in the
State of Connecticut. Among them are certain resolutions,
breathing a spirit of fervent devotion to the Union, and expressing an anxious desire for the settlement of the difficult questions
now before the country. They have been sent to me with a request that I should lay them before this Convention.  Why I
was selected by them for the performance of this duty, I do not
know, unless it was because, from my name and associations, they
thought an assurance might be found that I participated in the
sentiments expressed in the resolutions.  I present them with
great pleasure, and ask that they may be referred to the Commit
tee on Resolutions.
The motion of Mr. CLAY was agreed to.
Mr. RANDOLPH::-I move that the Secretary be requested
to furnish for the use of the members a printed list of the dele gates to and officers of this Convention.
Which motion was adopted, and the Convention adjourned.
30 
PROCEEDINGS OF THE CONFERENCE.
SEVENTH DAY.
WAsInaGTON, MONDAY, Feibr~ry Itl, 1861.
THE Convention was called to order by the PRESIDETr.
Prayer was offered by Rev. Dr. GURLEY.
After the reading and amendment  of the Journal, Mr.
GuTiiRiE, from the Committee on Resolutions, asked for further
time to make a general report of the matters submitted to them,
which was given; and thereupon M2r. GUTHRIE, from the same
Committee, made the following report upon the resolutions of a
meeting in the State of Connecticut, which were referred to that
committee on motion of Mr. CLAY:
The committee to whom were referred certain resolutions of the Democratic party of the State of Connecticut, report that in the opinion of the
committee it is inexpedient for this Convention to act upon any resolution
purporting to emanate from any political party whatever; and that the member of the Convention by whom they were presented have leave to withdraw
the same.
The PRESIDENT:-I take this opportunity to announce to
the Convention that the Door-keeper of the htouse of Representatives has transmitted to the Chair cards admitting members of
this body on to the floor of the House. These cards will be delivered by the Secretary to such members as call for them.
Mr. CHASE:-I move that any propositions or resolutions
which members of this Convention desire to have considered by
the Committee on Resolutions and Propositions, may be presented to the committee through the Secretary, without being presented in Convention.
The motion was agreed to, and on motion the Convention adjourned until Wednesday the 13th instant, at 12 o'clock x
31 
PROCEEDINGS OF THE CON-FERENCE.
EIGHTH DAY.
WASnINGTON, WEDNESDAY, Februar y 13th, 1861.
TEr Convention was called to order by the PREsIDENT, and
prayer was offered by Rev. Dr. EDwARDs.  The Journal, after
sundry amendments, was approved.
Mr. GUTHRIE:-The Committee on Resolutions, &c., have
labored diligently, and held protracted sessions, in the hope of
being able to make their report to-day. This they find themselves unable to do. They are fully impressed with the necessity
of immediate action, in view of the short time that will remain
for Congress to consider the action of this Convention, if it shall
become necessary to submit any proposition of this body to be
acted upon by that. I have no doubt we shall be able to report
on Friday, and I ask that we may have until that time to make
a report.
The request of Mlr. GUTUIE was acceded to.
Mr. SEDDON:-The time has now arrived when, as one of
the Commissioners from the State of Virginia, I find it necessary
to ask the leave of the Convention to communicate to the Legis
lative authorities of Virginia, and to her Convention now in session, the state of the proceedings before this body, and the committee. I ask for liberty to do so, and believe that a proper regard to the instructions of the Legislature of the State under
which my appointment is made, requires that my request should
be granted.
M3r. BARPRINGER offered the following resolution:
Resolved, That the Commissioners of any State represented in this Convention, upon their joint application, 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.
Mr. SEDDON:-The passage of this resolution is all I ask.
MJr. FRELINGHUYSEN:-I move to amend the resolution
by adding thereto: "But not to communicate what has transpired in the committee, before said committee has reported to
the Convention.
Mr. SEDDON:-I do not deem the passage of the resolution at this moment as very important. At the suggestion of
32 
PROCEEDINGS OF THE CONFERENCE.
several gentlemen, I will move to lay it on the table, subject to
be called up after Friday.
The Convention then adjourned to Friday at 12 o'clock.
On the evening of February 13th, the members of the Conference were informed of the death of Hon. JoHN C. WRIGHT, of Ohio,
who officiated as temporary chairman previous to the permanent
organization. In view of the anxious desire of all the members
to recognize their appreciation of this act of Divine Providence,
in removing from the sphere of his earthly labors one of the
most valued Commissioners in attendance, President TYLER was
requested to summon a special meeting of the Conference. In
pursuance of his invitation, all the members attended on the
morning of February 14th, when the following proceedings were
had:
THURsDAY, WASHINGTON CITY, February 14t], 1861.
The Convention met in special session, pursuant to the call
of the President.
The proceedings were opened with prayer by the Rev. Dr.
A'L.
The following letter from the Secretary, CRAFTS J. WRIGHT,
was read, and ordered to be entered upon the minutes:
WILLARD'S HOTEL, 
WASHINGTON CITY, February 13th, 1861. 
fof. JoiiB TYLER, President of Conference Convention.
DEAR Si:-I grieve to communicate to you the fact, that the delegate
from Ohio to this Conference Convention, the lion. JoH  C. WPRIGT, departed this life this day, the 13th February, at half-past one o'clock.
Judge WamIGHT came to this Convention with a heart filled with fear for
the safety of the Union. Though at an advanced age and nearly blind, he
was filled with an earnest desire to add his efforts to that of others of the
Convention called by the State of Virginia, and seek to agree on some measures honorable to each and all, to effect the object. Since the arrival of my
father in Washington, he has been constant in his efforts to effect the end in
view, and he has had his heart cheered with the belief that the object would
be accomplished. Almost the last words that he uttered were, that he believed the Union would be preserved. Hie desired me to say, if the Union
were preserved, he would die content. iHe called me to read to him, at
12 o'clock, the sections in the Constitution in regard to counting the votes,
and this request, and this reading, terminated his knowledge on earth. In
this desire of my father to do what he could, he pressed me to accompany him
3
33 
PROCEEDINGS OF THE CONFERENCE.
on account of his blindness. Since the Convention honored me with the appointment of Secretary, he required of me a promise that I would not leave
the position. When I read the section of the Constitution to him, he required me then to leave him for the Convention. Whatever my personal
feelings may be, I deem the pledge made sacred. I therefore ask that I may
have leave of absence, until I carry the remains home to Ohio, and return to
my duty.                            Respectfully,
CRAFTS J. WRIGHT.
P. S.-J. IIENRY PULESTON will act for me in my absence.
The PRESIDENT informed the Convention that the request of
the Secretary had been complied with. The PREsIDENT asked
what action the Convention proposed to take on the subject for
which they had been specially assembled.
The Hon. 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 all participation
in the concerns of earth. It is my painful duty to announce to
the Convention that JOHN C. WRIGHT, one of the Commissioners
from Ohio, is no more. Full of years, honored by the confidence
of the people, rich in large experience and ripened wisdom, and
devoted in all his affections and all his powers to his country, and
his whole country, he has been called from our midst at the very
moment when the prudence and patriotism of his counsels
seemed most needed. Such are the mysterious ways of Divine
Providence. Judge WRIGHT was born in Wethersfield, Connecticut, on the 10th of August, 1784. The 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, while young, to a daughter of Thomas Collier, of Litchfield, and for several years after resided at
Troy, New York. When about twenty-six years old he removed to Steubenville, in Ohio, where he commenced the practice of the law, and rapidly rose to distinction in the profession. In
1822 he was elected a representative in Congress, where he became the associate and friend of Clay and Webster, and proved
himself, on many  occasions, worthy of their association 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
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soon afterwards, he resumed the labors of the bar, and, ever
zealous for the improvement and elevation of the profession, es  tablished, in association with others, the Cincinnati law school.
In 1840, upon the dying request of CHARLEs HAMMOND, the
veteran editor of the "Cincinnati Gazette," Judge WRIGHT  as sumed 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 the respect and confidence of his
fellow-citizens, and manifesting always the liveliest concern in
whatever related to the welfare and honor of his State and his
country, he lived in tranquil retirement, until called by the
Governor of Ohio, with the approbation of the Senate, to take
part in the deliberations of this Conference Convention.
It was but a just 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 disease assailed his life, and his
enfeebled powers yielded to its virulence, his last utterances were
of the Constitution and the Union.
Mr. PRESIDENT, Judge WRIGHT was my friend. His approval
cheered and encouraged my own humble labors in the service of
the State. Pardon me if I mingle private with public grief. HIe
has gone from his last great labor. He was not permitted to
witness upon earth the result of the mission upon which he and
his associates, who here mourn his loss, were sent.  God grant
that the clouds which no10W 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 formation, the Union of our States may be more than ever
firmly cemented and established.
Mr. PRESIDENT, I offer the following resolutions:
.Resolved, That in the death of our late venerable colleague, the Hon.
JoHN C. WRIGHT, we mourn the loss 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. 
35 
PROCEEDINGS OF THE CONFERENCE.
Resolved, That while we deplore with saddened hearts the affliction with
which an All-wise Providence has visited us, we know 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
effort to restore harmony to his distracted country.
.Resolved, That the members of this Convention tender 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 copy of the same be transmitted to the family of the deceased.
Mr. CEARLES A. WICxLIFFE, of Kentucky, moved the adoption of the resolutions, and said:
Mfr. PRESIDENT, I rise to tender my most cordial sanction and
second to the resolutions which have just been read.
Mr. 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 more of a personal than a constitutional character. I can bear witness not
only to his ability, but to his personal integrity, and his purity
of political action through our term of service in the House of
Representatives. I have seldom met him since we separated at
the termination of his service and mine in that body, which 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 constitutional liberty. I rejoiced, therefore, when I found him
in this hall on the day we first assembled here. I knew his conservative disposition and principles, and I promised myself that
with his aid I could be more useful to my 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 which I
represent has 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 lHon. A. W. LOOMIs, of Pennsylvania, said:
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PROCEEDINGS OF THE CONFERENCE.
Mr. PREsIDEmT, I desire to mingle my sincere regrets with
those of the members of this assemblage 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 first made his acquaintance. He was
then in full, active, and extensive practice; a learned lawyer, an
accomplished, skilful, and successful advocate. During the succeeding year I came to the bar, and resided and practiced in the
same judicial circuit with our 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 in review the pleasant incidents which marked our social
and professional intercourse, the smitten heart shrinks in sadness
and sorrow from the contemplation of our bereavement. He
adorned, sir, the bar, the bench, and the halls of Legislation.
He discharged, in all the relations of life, his obligations with
fidelity. Of him it might be truly said:
His life hath flowed a sacred stream, in whose calm depths
The beautiful and pure alone are mirrored;
Which, though shapes of ill may hover o'er the surface,
Glides in light, and takes no shadows from them.
But, sir, the great crowning virtue and glory of his life was
his acceptance of the mission which brought him here. Though
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PROCEEDINGS OF THE CONFERENCE.
whitened by the frosts of nearly eighty winters, neither lofty
mountains nor intervening space could restrain his patriotic heart
from a prompt response to the call of his country to mingle his
influence in a sincere and sacred effort to save the Constitution
and perpetuate the Union.   He accepted the great trust; he
mingled in our deliberations, and has fallen in the discharge of
his duty. He has justly earned a title to the gratitude and respect of his country. May we not, sir, fondly hope that he, who
was called from the discharge of such (sties to the presence of
his God, has passed from the sorrows of earth to the happiness
of Heaven, and to the full fruition of joys pure, perfect, and
eternal?
The Hon. THOMAS EWING, of Ohio, said: —I rise to bear
my tribute of respect to the memory of the deceased.  I have
known him long. On my first entrance into active life, at the bar,
I found him an able and distinguished member. Since that time
down to the present day, he has been largely associated, in mind
and person, with all the acts and progress, professional and political, of my life. I feel his loss intensely; and I feel it with more
regret, because I know that on this occasion his voice would have
been potential in our counsels, and would have been united with
all of us who labor most earnestly for the preservation of the
Union.
I tender my sympathies to the family of the deceased. I
unite with them in their regrets and in their hopes of the happy
future to which he may have attained,
The HIon. WILLIAM C. RIVES, of Virginia, said:Though wholly unprepared to say any thing worthy of the solemnity of this occasion, I feel that I should be wanting, sir, in that
sentiment of respect which is due to the character of a distinguished citizen, if I were not to add to what has been so eloquently
spoken by others, a few words of personal recollection in regard
to our deceased friend Judge WRIGHT. It so happened that we
entered the public councils of the country at the same moment,
and continued in them for the same period of time. It is now
just thirty-seven years since I had the pleasure of meeting Judge
WRIGHTr, for the first time, in the IHouse of Representatives of the
United States.  I may be permitted to say, that there were
giants in those days. My honorable friend from Kentucky (Gov
38 
PROCEEDINGS OF THE CONFERENCE.
ernor WICKXLIFFE), who has already so feelingly addressed the Convention, will recollect that on the roll of the House of Representatives at that time stood the names of WEBSTER and EVERETr, of
OAKLEY and STORRS, of SARGEAST and of HEMPHILL, of LEWIS McLANE, of the immortal CLAY, and BARBOUR and RANDALL, and
other gentlemen known to fame from the State which I have the
honor to represent in this body, and LIVINGsToN of Louisiana, McDuFFIE and H I TON of South Carolina, and other gentlemen
who, on the spur of the occasion, I am not now able to recall, but
whose names will forever shine upon the rolls of their country's
glory.  And yet in that body Judge WRIGHT, then in the maturity of his powers, though not previously known to the nation,
vindicated an equal rank in debate with those gentlemen whose
names I have mentioned. Sir, I shall never forget with what
earnestness, with what manliness, with what integrity, with what
ability, he ever uttered his convictions of public duty, whatever
they were, in that consecrated hall.
After remaining here, I think, for six years, he retired to his
own State for the purpose of assuming the duties of a highly-important and dignified office, which was soon followed by his retirement into the bosom of private life, where he met a rich and
ample solace for the storms of his public career. He was followed there by the respect of his fellow-citizens throughout the
country, and the confidence of his own State, as we have recently
seen, by his being called from that honorable retirement to take
part in the grave and solemn duties of this assembly. Sir, he
came among us in obedience to the solemn call of patriotic duty,
at a most exigent and distressing period in our national annals.
He came here on an errand of peace, in the spirit of peace and
conciliation.  Such was the feeling entertained toward him by
the whole of this assembly, that without the slightest preconcert,
so far as I know, he was invited by general consent to preside
during the preliminary stages of the organization of this Convention. I had an opportunity, from time to time, of private conversation with the aged statesman. I found no member of the
assembly I met here, and, indeed, I have found nowhere any
citizen of this wide Republic of ours, whose heart was more
deeply imbued with the spirit of conciliation and of peace-of
that spirit which was so solemnly and impressively uttered in
39
0 
PROCEEDINGS OF THIE CONFERENCE.
his last prayer, "May the Union be preserved."  Sir, it is not
given to mortal man to choose the manner of his death; but if
such were the privilege accorded to any human being, what more
glorious end could he, appreciating a true fame, covet, than that
which has been the lot of our departed friend?  Sir, I speak
what I feel, and I dare say I express a sentiment which has im    pressed itself upon many other bosoms in this assembly, when I
say that his sudden death in the midst of our deliberations, seems
to me to exalt-in some degree to canonize-our labors.  This
manifestation of the visible hand of God among us, brings us in
the immediate presence of those solemn responsibilities which at    tach themselves to the discharge of our duties here. I doubt not
that every member of this assembly is already deeply impressed
with the solemnity of those duties, and I feel convinced that there
are few, if any, in this assembly, who would not lay down their
fleeting and feverish existence, and follow our deceased brother
to his final account, if by doing so they could restore peace and
harmony to this glorious Republic of ours.
It does not become me to make any professions of devotion
to my country-to my whole country-but this I will say, in the
spirit of the last prayer of my friend, that I should regard my
*   poor life, such as it is, a cheap purchase-the cheapest imagina    ble purchase-for that great boon to our country, the restoration
of its peace, of its harmony, of its unity, of its ancient confeder    ated strength and glory..
The question was taken, and the resolutions were unanimously adopted.
The body of Judge WRIGaT was then brought into the hall,
preceded by Rev. Dr. HALL, who read the impressive service of
the Episcopal Church.  A number of the members of the family,
and of the friends of the deceased, were present during the services.
The funeral cortege proceeded from the hall to the depot of
the Baltimore and Ohio Railroad.
The following gentlemen were designated to act as pall-bearers
on the occasion:
Mr. Ewing,                        Mr. Chase,
Mr. Hitchcock,                    Mr. Loomis,
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PROCEEDINGS OF THE CONFERENCE.
Mr. Backus,                        Mr. Groesbeck,
Mr. Wolcott,                      Mr. Stanton,
Mr. Sherman,  MIr. hIarlan,
Mr. Vinton,                       Mr. Gurley.
The proceedings upon the death of Judge WRIGHT were, by
the Conference, ordered to be published, and the special session
closed.
NINTH DAY.
WASHINGTON, FRmAY, Feirbary 15th, 1861.
THE Convention was called to order by President TYLER, and
prayer was offered by Rev. Mr. RENNER.  The Journals of the
13th and 14th were read and approved.
The PRESIDENT:-I have this morning received several
communications from different persons, which will be laid before
the Convention. One is an invitation from IHORATIO STONE, inviting the members of the Convention to visit his studio; also, a
resolution of the House of Representatives, authorizing the admission of members of this Convention to the floor of the House.
Also, a letter from J. E. SANDs, offering to the Convention certain flags which possess historical interest, from the fact that they
were used in the convention which adopted the present Constitution of the United States. Also, a communication from HoRATIO G. WARNER.
The communications were severally read and laid upon the
table.
Mr. SUMMERS:-I am instructed by the Committee on
Credentials to inform the Convention that the committee has received satisfactory evidence of the appointment by the Executive
of Ohio of C. P. WOLCOTT, as a delegate to this Convention, in
the place of JOHN C. WRIGHT, deceased.
Mr. ORTIIH:-I desire to offer the following resolutions,
which I ask to have read for the information of the Convention.
I have no purpose to admit spectators to seats on this floor, but
in my judgment it is the right of the country to know what we
41 
PROCEEDINGS OF THE CONFERENCE.
are doing here.  My constituents will not be satisfied with my
course, unless I take means to give the public knowledge of all
our transactions. I am aware that this is an invasion of the rule
already adopted, requiring secresy, but in my opinion no possible
harm can come from the daily publication of our debates. It is
far better that true reports of these debates should be made, than
that the distorted and perverted accounts which we see daily in
the New York papers should be continued.
The resolutions were read, and are as follows:
Resolved, That Rules Sixteen (16) and Eighteen (18) of this Convention
be, and the same hereby are, rescinded.
Resolved, That the President is hereby authorized to grant cards of admission to reporters of the press, not exceeding   -  in number, which shall
entitle them to seats on the floor of the Convention, for the purpose of reporting its proceedings.
Resolved, That no person be admitted to the floor of the Convention, except the members, officers, or reporters.
Mr. WICKLIFFE:-I do not wish to prolong this discussion
myself, nor to cause it to be prolonged by others. I am sure
that if we permit our debates to be reported, we shall never reach
a conclusion which will in the slightest degree benefit the country. Every member will in that event wish to make a set speech,
some of them three or four. I wish to have our time used in
consultation and in action, not consumed in political speechmaking. I do not care what the newspapers say of us. I know
their accounts are distorted; but they would be distorted if we
admitted reporters. Some of them assail u~ as a convention of
compromisers-as belonging to the sandstone stratum of politics.
Mr. CHASE:-That is the formation which supports  all
others.
Mr. WICKLIFFE:-I know it, and I hope this Convention
will prove to be the stratum which supports and preserves the
Union and the country. Let us go on as we have begun, preserving secrecy; keeping our own counsels; making no speeches
for outside consumption or personal reputation. Let us all keep
steadily in mind the accomplishment of the great and good purpose which brought us here, and nothing else.
Mr. RANDOLPH:-New Jersey does not wish to have time
consumed in making speeches. I think we should proceed at
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PROCEEDINGS OF THE CONFERENCE.
once to hear the report of the committee. I move that the
resolutions offered be laid upon the table.
Mr. ORTI:-I suppose this motion cuts off debate.  I should
much have preferred to discuss the resolutions. I hope the
motion will not prevail.
The motion to lay on the table passed in the affirmative by a
viva voce vote.
The PRESIDENT:-Is the General Committee upon Propositions prepared to report?  If it is, their report is now in order.
Mr. GUTHRIE:-That committee has given earnest and
careful consideration to the subjects and propositions which have
from time to time been presented to it. It has held numerous
and protracted sessions, and the differences of opinion naturally
existing between the members have been discussed in a spirit of
candor and conciliation. The committee have not been so fortunate as to arrive at an unanimous conclusion.  A majority of
its members, however, have agreed upon a report which we think
ought to be satisfactory to all sections of the Union, one which
if adopted will, we believe, accomplish the purpose so much desired by every patriotic citizen. We think it will give peace to
the country. In their behalf I have now the honor to submit, for
the consideration of the Conference, the following:
PROPOSALS OF AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
ARTIOLE 1t  In all the territory of the United States not embraced
within the limits of the Cherokee treaty grant, north of a line from east to
west on the parallel of 36 degrees 30 minutes north latitude, involuntary
servitude, except in punishment of crime, is prohibited whilst it shall be
under a Territorial government; and in all the territory south of said line,
the status of persons owing service or labor, as it now exists, shall not be
changed by law while such territory shall be under a Territorial government; and neither Congress nor the Territorial government shall have
power to hinder or prevent the taking to said territory of persons held to labor or involuntary service, within the United States, according to the laws
or usages of the State from which such persons may be taken, nor to impair
the rights arising out of said relations, which shall be subject to judicial
cognizance in the federal courts, according to the common law; and when
any territory north or south of said line, within such boundary as Congress
may prescribe, shall contain a population required for a member of Congress,
according to the then federal ratio of representation, it shall, if its form of
government be republican, be admitted into the Union on an equal footing
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PROCEEDINGS OF THIE CONFERENCE.
with the original States, with or without involuntary service or labor, as the
Constitution of such new State may provide.
ARTIcLE 2.  Territory shall not be acquired by the United States, unless
by treaty; nor, except for naval and commercial stations and depots, unless
such treaty shall be ratified by four-fifths of all members of the Senate.
ARTICLE 3.  Neither the Constitution, nor any amendment thereof, shall
be construed to give Congress power to regulate, abolish, or control within
any State or Territory of the United States, the relation established or recognized by the laws thereof touching persons bound to labor or involuntary
service therein, nor to interfere with or abolish involuntary service in the
District of Columbia without the consent of fMaryland and without the consent of the owners, or making the owners who do not consent just compensation; nor the power to interfere with or prohibit representatives and
others from bringing with them to the City of Washington, retaining, and
taking away, persons so bound to labor; nor the power to interfere with or
abolish involuntary service in places under the exclusive jurisdiction of the
United States within those States and Territories where the same is established or recognized; nor the power to prohibit the removal or transportsation, by land, sea, or river, of persons held to labor or involuntary service in
any State or Territory of the United States to any other State or Territory
thereof where it is established or recognized by law or usage; and the right
during transportation of touching at ports, shores, and landings, and of
landing in case of distress, shall exist. Nor shall Congress have power to
authorize any higher rate of taxation on persons bound to labor than on
land.
ARTICLE 4.  The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States,
by appropriate legislation, and through the action of their judicial and
ministerial officers, from enforcing the delivery of fugitives from labor to the
person to whom such service or labor is due.
ARTICLE 5.  The foreign slave-trade and the importation of slaves into
the United States and their Territories, from places beyond the present
limits thereof, are forever prohibited.
ARTICLE 6.  The first, second, third, and fifth articles, together with this
article of these amendments, and the third paragraph of the second section
of the first article of the Constitution, and the third paragraph of the second
section of the fourth article thereof, shall not be amended or abolished
without the consent of all the States.
ARTIcLE 7.  Congress shall provide by law that the United States shall
pay to the owner the full value of his fugitive from labor, in all cases where
the marshal or other officer, whose duty it was to arrest such fugitive, was
prevented from so doing by violence or intimidation, or when, after arrest,
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PROCEEDINGS OF THE CONFERENCE.
such fugitive was rescued by force, and the owner thereby prevented and
obstructed in the pursuit of his remedy for the recovery of such fugitive.
Mr. BALDWIN:-I have not been able to concur in opinion
with those members of the committee who have presented the
propositions just submitted. I do not deem them fair or equitable to the Free States, nor do I think they are likely to secure
approval in those States. As one member of the minority, I
have drawn up a report embodying my own views and perhaps
those of some of my colleagues, which I now present for the consideration of the Conference:
MR. BALDWIN'S MINORITY REPORT.
The undersigned, one of the minority of the committee of one from each
State, to whom was referred the consideration of the resolutions of the State
of Virginia, and the other States represented, and all propositions for the
adjustment of existing differences between the States, with authority to
report what they deem right, necessary, and proper to restore harmony and
preserve the Union, and report thereon, entered upon the duties of the
committee with an anxious desire that they might be able to unite in the
recommendation of some plan which, on due deliberation, should seem best
adapted to maintain the dignity and authority of the Government of the
United States, and at the same time secure to the people of every section
that perfect equality of right to which they are entitled.
Convened, as we are, on the invitation of the Governor of Virginia, in pursuance of the resolutions of the General Assembly of that State, with an accompanying expression of the deliberate opinion of that body that, unless the
unhappy controversy which now divides the States shall be satisfactorily adjusted, a permanent dissolution of the Union is inevitable; and, being earnestly
desirous of an adjustment thereof, in concurrence with Virginia, in the spirit
in which the Constitution was originally formed, and consistently with its
principles, so as to afford to the people of all the States adequate security for
all their rights, the attention of the undersigned was necessarily led to the
consideration of the extent and equality of our powers, and to the propriety
and expediency, under existing circumstances, of a recommendation by this
Conference Convention of any specific action by  Congress, whether of ordinary legislation, or in reference to constitutional amendments to be proposed
by Congress on its own responsibility to the States.
A portion of the members of this Convention are delegated by the Legislatures of their respective States, and are required to act under their supervision
and control, while others are the representatives only of the Executives of
their States, and, having no opportunity of consulting the immediate representatives of the people, can only act on their individual responsibility.
Among the resolutions and propositions suggesting modes of adjustment
appropriate to this occasion which were brought to the notice of the com
45 
MR. BALDWINIS REPORT.
mittee, were the resolutions of the State of Kentucky recommending to her
sister States to unite with her in an application to Congress for the calling of a
Convention in the mode prescribed by the Constitution for proposing amendments thereto.
The undersigned, for the reasons set forth in the accompanying resolution,
and others which have been herein indicated, is of opinion that the mode of
adjustment by a General Convention, as proposed by Kentucky, is the one
which affords the best assurance of an adjustment acceptable to the people of
every section, as it will afford to all the States which may desire amendments, an opportunity of preparing them with care and deliberation, and in
such form as they may deem it expedient to prescribe, to be submitted to the
consideration and deliberate action of delegates duly chosen and invested
with equal powers from all the States.
The undersigned did not, therefore, deem it expedient that any of the
measures of adjustment proposed by the majority of the committee, should
be reported to this body to be discussed or acted upon by them, and he
respectfully submits as a substitute for the articles of amendment to the Constitution, reported by the majority of the committee, the following preamble
and resolution, and respectfully recommends the adoption thereof.
ROGER S. BALDWIN.
Whereas, unhappy differences exist which have alienated from each other
portions of the people of the United States to such an extent as seriously to
disturb the peace of the nation, and impair the regular and efficient action of
the Government within the sphere of its constitutional powers and duties;
And whereas, the Legislature of the State of Kentucky has made application to Congress to call a Convention for proposing amendments to the Constitution of the United States;
And whereas, it is believed to be the opinion of the people of other States
that amendments to the Constitution are or may become necessary to secure
to the people of the United States, of every section, the full and equal enjoyment of their rights and liberties, so far as the same may depend for their security and protection on the powers granted to or withheld from the General
Government, in pursuance of the national purposes for which it was ordained and established;
And whereas, it may be expedient that such amendments as any of the
States may desire to have proposed, should be presented to the Convention
in such form as the respective States desiring the same may deem proper;
This Convention does, therefore, recommend to the several States to
unite with Kentucky in her application to Congress to call a convention for proposing amendments to the Constitution of the UJnited States, to
be submitted to the Legislatures of the several States, or to conventions
therein, for ratification, as the one or the other miode of ratification may be
proposed by Congress, in accordance with the provision in the iifth article
of the Constitution
46 
PROCEEDINGS OF THE CONFERENCE.
Mr. FIELD:-I do not concur in the conclusions to which
the majority of the committee have arrived. I may say that I
wholly dissent from them. I have not deemed it necessary to
make a separate report. At a suitable time I shall endeavor to
make known to the Conference my views upon the topics which
have occupied the attention of the committee.
Mr. CROWNINSHIELD:-I occupy substantially the same
position as fMr. FIELD, and shall make my views known at a
proper time.
Mr. SEDDON:-The report presented by the majority, I
think, is a wide departure from the course we should have adopted Virginia has prepared and presented a plan, and has invited this Conference to consider it. I think we ought to take
up her propositions, amend and perfect them if need be, and then
adopt or reject them. To avoid all misconstruction as to my individual opinions or position, I have reduced my views to writing,
which, with the leave of the Conference, I will now read.
No objection being made, Mr. SEDDON proceeded to read the
following:
REPORT OF MR. SEDDON.
The undersigned, acting on the recommendation of the Commissioners
from the State of Virginia, as a member of the committee appointed by this
Convention to consider and recommend propositions of adjustment, has not
been so happy as to accord with the report submitted by the majority; and
as he more widely dissents from the opinions entertained by the other dissenting members, he feels constrained, in vindication of his position and
opinions, to present on his part this brief report, recommending, as a substitute for the report of the majority, a proposition subjoined. To this course
he feels the more impelled, by deference to the resolutions of the General
Assembly of his State, inviting the assemblage of this Convention, and suggesting a basis of adjustment.
These resolutions declare, that "in the opinion of the General Assembly
of Virginia the propositions embraced in the resolutions presented to the
Senate of the United States by the Hon. JonN J. CRITTFNDEX, SO modified as
that the first article proposed as an amendment to the Constitution of the
United States shall apply to all the territory of the United States now held
or hereafter acquired south of latitude 36~ 30', and provided that slavery of
the African race shall be effectually protected as property therein during the
continuance of the territorial government, and the fourth article shall secure
to the owners of slaves the right of transit with their slaves between and
through the non-slaveholding States or Territories, constitute the basis of
such an adjustment of the unhappy controversy which now divides the States
47 
MR. SEDDON S REPORT.
of this Confederacy, as would be accepted by the people of this Commonwealth."
From this resolution, it is clear that the General Assembly, in its declared
opinion of what would be acceptable to the people of Virginia, not only required the Crittenden propositions as a basis, but also held the modifications
suggested in addition essential. In this the undersigned fully concurs. But,
in his opinion, the propositions reported by the majority do not give, but
materially weaken the Crittenden propositions themselves, and fail to accord
the modifications suggested. The undersigned therefore, feels it his duty to
submit and recommend, as a substitute, the resolutions referred to, as proposed by the Hon. JoHN J. CRITTENDEN, with the incorporation of the modifications suggested by Virginia explicitly expressed, and with some alterations on points which, he is assured, would make them more acceptable to that
State, and, as he hopes, to the whole Union. The propositions submitted are
appended, marked No. 1.
The undersigned, while contenting himself, in the spirit of the action taken
by the General Assembly of his State, with the proposal of that substitute
for the majority report, would be untrue to his own convictions, shared, as he
believes, by the majority of the commissioners from Virginia, and to his sense
of duty, if he did not emphatically declare, as his settled and deliberate judgment, that for permanent safety in this Union, to the slaveholding States, and
the restoration of integrity to the Union and harmony and peace to the country, a guarantee of actual power in the Constitution and in the working of
the Government to the slaveholding and minority section is indispensable.
How such guarantee might be most wisely contrived and judiciously adjusted to the frame of the Government, the undersigned forbears now to inquire.
Hle is not exclusively addicted to any special plan, but believing that such
guarantee might be adequately afforded by a partition of power in the Senate between the two sections, and by a recognition that ours is a Union of
freedom and consent, not constraint and force, he respectfully submits, for
consideration by members of the Convention, the plan hereto appended,
marked No. 2.
Whether he shall feel bound to invoke the action of the Convention upon
it, may depend on the future manifestations of sentiment in this body.
All which is respectfully submitted,
JAMES A. SEDDON.
Comrmissionerfrom Virginia.
February 15th, 1861.
No 1.
Joint Resolutions proposing certain amendments to the Uonstitu                       tion of the United States.
Whereas, serious and alarming dissensions have arisen between the Northern and Southern States, concerning the rights and security of the rights of
the slaveholding States, and especially their rights in the common territory
of the United States; and whereas, itis eminently desirable and proper that those
48 
EMR. SEDDONIS REPORT.
dissensions, which now threaten the very existence of this Union, should be per  manently quieted and settled by constitutional provisions, which shall do equal
justice to all sections, and thereby restore to the peopl that peace and good will
which ought toprevailbetween all the citizens of the United States: Therefore,
Resolved, by this Convention, that the following articles are hereby ap  proved and submitted to the Congress of the United States, with the request
that they may, by the requisite constitutional majority of two-thirds, be re  commended to the respective States of the Union, to be, when ratified by
Conventions of three-fourths of the States, valid and operative as amend  ments of the Constitution of the Union.
ARTICLE 1. In all the territory of the United States, now held or here  after acquired, situate north of latitude thirty-six degrees and thirty minutes,
slavery or involuntary servitude, except as a punishment for crime, is pro hibited, while such territory shall remain under territorial government. In
all the territory south of said line of latitude, slavery of the African race is
hereby recognized as existing, and shall not be interfered with by Congress,
but shall be protected as property by all the departments of the territorial
government during its continuance; and when any territory, north or south
of said line, within such boundaries as Congress may prescribe, shall contain
the population requisite for a member of Congress, according to the then fed eral ratio of representation of the people of the United States, it shall, if its
form of government be republican, be admitted into the Union on an equal
footing with the original States, with or without slavery, as the Constitution
of such new State may provide.
ARTICLE 2. Congress shall have no power to abolish slavery in places
under its exclusive jurisdiction, and situate within the limits of States that
permit the holding of slaves.
ARTICLE 3. Congress shall have no power to abolish slavery within the
District of Columbia, so long as it exists in the adjoining States of Virginia
and Maryland, or either, nor without the consent of the free white inhabitants, nor without just compensation first made to such owners of slaves as
do not consent to such abolishment. Nor shall Congress at any time prohibit
officers of the Federal Government, or members of Congress, whose duties
require them to be in said District, from bringing with them their slaves,
and holding them as such during the time their duties may require them to
remain there, and afterwards taking them from the District.
ARTICLE 4.  Congress shall have no power to prohibit or hinder the
transportation of slaves from one State to another, or to a Territory in which
slaves are by law permitted to be held, whether that transportation be by
land, navigable rivers, or by the sea. And if such transportation be by sea,
the slaves shall be protected as property by the Federal Government.  And
the right of transit by the owners with their slaves, in passing to or from
one slaveholding State or Territory to another, between and through the nonslaveholding States and Territories, shall be protected. And in imposing direct taxes pursuant to the Constitution, Congress shall have no power to impose on slaves a higher rate of tax than on land, according to their just value.
4
49 
MR. S      EDDONS  REPORT.
ARTIOLE  5. That, in addition to the provisions of the third paragraph
of the second section of the fourth article of the Constitution of the United
States, Congress shall provide by law, that the United States shall pay to the
owner who shall apply for it, the full value of his fugitive slave, in all cases,
when the marshal, or other officer, whose duty it was to arrest said fugitive,
was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive was rescued by force, and the owner thereby prevented
and obstructed in the pursuit of his remedy for the recovery of his fugitive
slave, under the said clause of the Constitution and the laws made in pursuance thereof. And in all such cases, when the United States shall pay for such
fugitive, they shall reimburse themselves by imposing and collecting a tax on
the county or city in which said violence, intimidation, or rescue was committed, equal in amount to the sum paid by them, with the addition of interest and the costs of collection; and the said county or city, after it has paid
said amount to the United States, may, for its indemnity, sue and recover from
the wrong-doers, or rescuers, by whom the owner was prevented from the
recovery of his fugitive slave, in like manner as the owner himself might have
sued and recovered.
ARTIcLF 6. No future amendment of the Constitution shall affect the
five preceding articles, nor the third paragraph of the second section of the
first article of the Constitution, nor the third paragraph of the second section
of the fourth article of said Constitution, and no amendment  shall be made
to the Constitution which will authorize or give to Congress any power to
abolish or interfere with slavery in any of the States, by whose laws it is or
may be allowed or permitted.
ARTICLE 7, 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, of the African race.
And whereas, also, besides those causes of dissension embraced in the
foregoing amendments proposed to the Constitution of the United States,
there are others which come within the jurisdiction of Congress, and may be
remedied by its legislative power: and whereas it is the desire of this Convention, as far its influence may extend, to remove all just cause for the popular discontent and agitation which now disturb the peace of the country,
and threaten the stability of its institutions: Therefore,
1. Resolved, That the laws now in force for the recovery of fugitive slaves
are in strict pursuance of the plain and mandatory provisions of the Constitution, and have been sanctioned as valid and constitutional by the judgment
of the Supreme Court of the United States; that the slaveholding States are
entitled to the faithful observance and execution of those laws, and that they
ought not to be repealed, or so modified or changed as to impair their efficiency; and that laws ought to be made for the punishment of those who attempt, by rescue of the slave or other illegal means, to hinder or defeat the
due execution of said laws.
2. That all State laws which conflict with the fugitive slave acts, or any
other constitutional acts of Congress, or which in their operation impede,
50 
MR. SEDDONIS REPORT.
hinder, or delay the free course and due execution of any of said acts, are null
and void by the plain provisions of the Constitution of the United States.
Yet those State laws, void as they are, have given color to practices, and led
to consequences which have obstructed the due administration and execution
of acts of Congress, and especially the acts for the delivery of fugitive slaves,
and have thereby contributed much to the discord and commotion now prevailing. This Convention, therefore, in the present perilous juncture, does
not deem it improper, respectfully and earnestly to recommend the repeal of
those laws to the several States which have enacted them, or such legislative
corrections or explanations of them as may prevent their being used or perverted to such mischievous purposes.
3. That the act of the 18th of September, 1850, commonly called the
Fugitive Slave Law, ought to be so amended as to make the fee of the Commissioner, mentioned in the eighth section of the act, equal in amount, in the
cases decided by him, whether his decision be in favor of or against the
claimant. And to avoid misconstructions, the last clause of the fifth section
of said act, which authorizes the person holding a warrant for the arrest or
detention of a fugitive slave, to summon to his aid the posse comitatus, and
which declares it to be the duty of all good citizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty
to cases in which there shall be resistance, or danger of resistance or rescue.
4. That the laws for the suppression of the African slave-trade, and especially those prohibiting the importation of slaves into the United States,
ought to be made effectual, and ought to be thoroughly executed, and all
further enactments necessary to those ends ought to be promptly made.
No. 2.
Proposed Amendments by  [r. Seddon.
To secure concert and promote harmony between the slaveholding and
non-slaveholding sections of the Union, the assent of the majority of the Senators from the slaveholding States, and of the majority of the Senators from
the non-slaveholding States, shall be requisite to the validity of all action of
the Senate, on which the ayes and noes may be called by five Senators.
And on a written declaration, signed and presented for record on the
Journal of the Senate by a majority of Senators from either the non-slaveholding or slaveholding States, of their want of confidence in any officer or
appointee of the Executive, exercising functions exclusively or continuously
within the class of States, or any of them, which the signers represent, then
such officer shall be removed by the Executive; and if not removed at the
expiration of ten days from the presentation of such declaration, the office
shall be deemed vacant and open to new appointment.
The connection of every State with the Union is recognized as depending
on the continuing assent of its people, and compulsion shall in no case, nor
under any form, be attempted by the Government of the Union against a
51 
MR. SEDDONIS REPORT.
State acting in its collective or organic capacity. Any State, by the action
of a convention of its people, assembled pursuant to a law of its Legislature,
is held entitled to dissolve its relation to the Federal Government, and withdraw from the Union; and, on due notice given of such withdrawal to the
Executive of the Union, he shall appoint two Commissioners, to meet two
Commissioners to be appointed by the Governor of the State, who, with the
aid, if needed from the disagreement of the Commissioners, of an umpire, to
be selected by a majority of them, shall equitably adjudicate and determine
finally a partition of the rights and obligations of the withdrawing State;
and such adjudication and partition being accomplished, the withdrawal of
such State shall be recognized by the Executive, and announced by public
proclamation to the world.
But such withdrawing State shall not afterwards be readmitted into the
Union without the assent of two-thirds of the States constituting the Union
at the time of the proposed readmission.
Mr. COALTER:-It is proper that I should say a word in
relation to the position of Missouri in this Conference. It is expressly referred to in the resolution under which we hold our appointment, passed by the Senate and House of Representatives.
It is believed by the people of Missouri that the rights and privileges of the slaveholding States are in danger, and that the time
has arrived when they should be secured by additional guarantees.
Those guarantees must be such as will secure the honor and
equal rights of the slaveholding States.
I wish to say, further, that we, as Commissioners, must act at
all times under the control of the General Assembly or the State
Convention of our State. Before we can act definitely upon
either of the propositions submitted, I think it will be our duty
to transmit them to the General Assembly for instructions.
Mr. WICKLIFFE:-The several reports are now before the
Conference. I presume it will be the desire of every member to
give them a careful examination. In order to prevent all unnecessary delay, I move that the several reports be laid upon the
table, that they be printed at once and distributed to thie members, and made the special order of the Conference for 12 o'clock
to-morrow.
The motion of Mr. WICKLIFFE was agreed to.
Mr. WICKLIFFE:-I have drawn up a preamble and a
resolution which I wish to offer for the consideration of the Conference. I shall not press action upon them to-day, but desire to
have them laid on the table and printed. I shall call them up
52
4 
MR. WICKLIFFEIS PREAMBLE AND  RESOLUTION.
after the report of the General Committee is disposed of. It
would gratify me much, and I think greatly tend to the peace
and harmony of the country, if they could be adopted at once,
and published. It is well known to most of you that there is
nothing in all the legislation or action of the Free States, which
has created so much excitement and alarm among the people of
the slaveholding States, as the passage of the so called "personal
liberty" acts. They are regarded as deliberate infractions and
breaches of the Constitution, and as attempts to nullify the operation of a constitutional enactment of Congress. But I do not
wish to invite discussion upon the subject now; I hope my
motion will not meet with objection.
The motion of Mr. WICKLIFFE was adopted, and the preamble
and resolution were presented as follows:
MR. WICKLIFFE'S PREAMBLE AND RESOLUTION.
Whereas, the second section of the fourth article of the Constitution of
the United States declares, "that no person held to service or labor in one
State, under the laws thereof escaping into another, shall in consequence of
any law or regulation therein, be discharged from such service or labor, but
shall be delivered up on claim of the party to whom such service or labor
may be due."
This clause is one of the compromises without which no Constitution
would have been adopted. It was a guarantee to the States in which such
labor and service existed by law, that their rights should be respected and regarded by all the States; and it is not within the competency of any State
to disregard the obligation it imposes, or to render it valueless by legislative
enactments. And whereas, the House of Representatives of the United States
did, on the      day of February, by unanimous vote, declare that neither
the Congress of the United States nor the people or government of any nonslaveholding State, has the constitutional right to legislate upon, or to interfere with slavery in any slaveholding State in the Union.
This declaration is regarded by this Convention as an admission that the
statutes of those States, passed for the purpose of defeating the provision of
the Constitution aforesaid, and the laws of Congress made to enforce the
just and proper execution of this constitutional guarantee, are in violation of
the supreme law of the land.
The provisions of the statutes in many of the non-slaveholding States,
commonly known and called "personal liberty bills," amount in their consequences to a practical nullification of the acts of Congress of February 12th,
1793, and September 18th, 1850, and are in violation of the second section of
the fourth article of the Constitution, as before stated.  That the spirit of
those statutes appears to be repugnant to the principles of compromise and,
mutual and liberal concessions which dictated the section of the Constitution
53 
MR. WICKLIFFE S  RESOLUTION.
in question, and which pervades every part of that instrument. It is, there.
fore, respectfully requested by this Convention that the several States abrogate all such obnoxious enactments.
That the spirit of comity between the States, and the spirit of unity and
fraternity which should actuate all the people of these United States, require
that complete right and security of transit with all persons who owe them
service or labor should be allowed to the citizens of each State by the laws
of every other State.
-Resolved, That a copy of the foregoing be sent by the President of this
Convention to the Governors of each of the free States, as the deliberate
judgment and opinion of this Convention, and that he request the same be
laid before their respective Legislatures.
Mr. CHASE:-I move that all the resolutions, of the States,
under which Commissioners have been appointed, or relating to
subjects to come before this Conference, be printed. I think this
course convenient and necessary, and one reason that I may assign is this: The opinion of the Legislature of the State of Ohio,
as expressed in one of the resolutions adopted by that body, is,
that it would have been wiser and better if the time for holding
this Conference had been deferred until a later period. Ohio has
expressly said in her resolutions that she is not prepared to assent
to the terms of settlement proposed by Virginia, and has expressed the opinion that the Constitution as it now stands, if
fairly interpreted and obeyed, contains ample provision for the
correction of all the evils which are claimed to exist. Nevertheless she is willing to meet in a friendly spirit and consult with
her sister States. But the opinion extensively prevails that this
Conference ought not to have been called upon so short a notice
and before the inauguration of the incoming administration. We,
the Commissioners from that State, are instructed in the resolutions, to which I have referred, to use our influence to procure an
adjournment of this Conference, before final action is taken, to
the 4th of April next. I shall feel it my duty, at some future
time, to make a motion to that effect. The extent to which I
shall urge its adoption will depend in some measure upon the
course of events and the opinions of my colleagues. In the
mean time I wish to see all the resolutions printed.
The motion of Mr. CHASE was agreed to. The resolutions as
printed will be found in the appendix.
Mr. ALLEN, of Massachusetts:-Before the adjournment today I desire to know what will be the order of business when
54 
PROCEEDINGS OF THE CONFERENCE.
these various reports come up for discussion. By the general
rules governing parliamentary proceedings, to which I suppose we
are subject, I understand the first question will be upon the
substitution of the minority report presented by the gentleman
from Connecticut (Mr. BALDwn) for the report of the majority;
and that, upon that question, amendments may be offered, and
either accepted or rejected, both to the reports of the majority
and the minority. I think it would be well to have this matter
understood. Am I right in this?
The PRESIDENT:-The Chair understands that the gentleman from Massachusetts has correctly pointed out the manner
of proceeding.
On motion of Mr. HACXLEMAN, the Conference then adjourned
until 12 o'clock to-morrow.
55 
PROCEEDINGS OF THE CONFERENCE.
TENTHI DAY.
WASEHINGTON, SATURDAY, Februar  16th, 1861.
THE Conference was called to order by the PREsIDENT at 12
o'clock M.
Prayer was offered by Rev. Dr. SUNIDERLD.
The Journal was read by the Assistant Secretary, Mr. PULESTON, and, being corrected, was approved.
The PRESIDENT:-I have received a communication from
Mr. W. C. HEWETT, which I am requested to lay before the Conference. Should any member desire to have it read, it will be presented upon motion. I am not inclined to occupy the time of the
Conference by reading it, unless some member specially requests
that it be read.
Mr. SEDDO  N:-Let it be laid on the table without reading.
The PRESIDENT:-That disposition will be made of it.
Mr. WICKLIFFE:-I am instructed, by the Committee on
Rules and Organization, to propose an amendment to the Eleventh
Rule which has been adopted. As the Rule now stands, no appeal
is allowed from the decision of the Chair upon questions of order.
It is not probable that either the Chair or the Conference would
wish to be bound in that way. The purpose of the resolution is to
assimilate the Rule in this respect to the practice in parliamentary
bodies, and to allow an appeal from the decision of the Chair to
the Conference itself. I offer the following resolution:
" Resolved, That the Eleventh Rule of this Convention be so amended as to
allow an appeal from the decision of the PRESIDENT, which appeal shall be
decided without debate."
56
11 
PROCEEDINGS OF TEE CONFERENCE.
On the passage of this resolution a division was called for,
and upon a count by the Secretaries, the PRESIDENT declared it
adopted.
Mr. WICKLIFFE:-I now  offer another resolution-the
following:
"1 Resolved, That in the discussions which may take place in this Convention, no member shall be allowed to speak longer than thirty minutes."
We must all by'this time be impressed with the necessity of
prompt, immediate, and efficient action. I do not charge any
member of the body with any purpose unnecessarily to consume
the time of the Convention in making speeches. I have no reason to believe that any such purpose exists. But the present
Congress is rapidly drawing to a close. If any plan is adopted
it will be nugatory, unless recommended by Congress. If we are
to sit here until each member of the Conference has spoken upon
each question presented, as many times and as long as he pleases,
I fear the Congress will close its labors before we do ours.
Mr. DAVIS:-I think thirty minutes quite too long.  Our
opinions are formed. Before this time probably every member
has determined his course of action, and it will not be changed
by debate.  I move to strike out the word "thirty," and insert
the word "ten."
Mr. HITCHCOCK:-I am altogether opposed to this attempt
in advance to cut off or limit debate. I am sure it cannot meet
with favor from the Conference, for reasons so obvious that I will
not occupy time in stating them. I move to lay the resolution
on the table.
Several gentlemen here  interposed and appealed to Mr.
HItrrcHcocK to withdraw his motion, as it would cut off all debate
upon the merits of the resolution.  Mr. HITCHCOCK accordingly
withdrew it.
Mr. SEDDON:-We have one rule already which prohibits
any member from speaking more than twice upon any question
without special leave, and a member cannot speak a second time
until every other, who desires to speak, has spoken. This was the
rule, I believe, in the Convention that formed our present Constitution, and no one complained of its operation there. I am as much
57 
PROCEEDINGS OF THE CONFERENCE.
impressed with the necessity of expediting our action as any one
can be, and should be among the last to protract our sessions.
But this resolution looks too much like suppressing discussionlike cutting off debate. I desire at the proper time to be heard
upon the report which I have submitted. It will be impossible to
discuss the grave questions involved in it in the space of a brief
half hour.
Mr. CHASE:-I hope Governor WIcLIrFFE will consent to a
postponement of his resolution for the present. It is anticipating a necessity that may not arise. As yet no one has abused
the privileges of debate.  It is not well to assume in advance
that any one will do so.
Mr. WICKLIFFE:- I have no wish to press this resolution
upon the Convention, and it may be as well to postpone it for the
present. I will move its postponement until Tuesday morning
next.
The motion to postpone was unanimously agreed to.
Mr. CRISFIELD:-I move that the hour of meeting hereafter be ten o'clock in the morning.
Mr. JOHNSON, of Maryland:-I am sure that we shall all
agree that this hour is quite too early. I wish to make all reasonable progress, but I think we shall find it difficult to secure a
quorum at that hour. I move to amend by inserting eleven
o'clock.
Mr. EWING:-I think we had better let the hour of meeting remain where our rules leave it. We shall find our labors
severe enough if we commence at twelve o'clock.
Mr. CRISFIELD:-I will accept the amendment of my colleague.  Let the time of meeting be eleven o'clock.
The motion of Mr. CRISFIELD as amended was agreed to without a division.
Mr. CEIASE:-I have a motion which I desire to make, and
as I do not wish to press it to a vote at the present time, I will move
to lay it on the table. But I wish to have it before the Conference. It is apparent to me that we ought to pass it at some time,
in order to give members who may belong to delegations in which
differences of opinion exist, an opportunity of appearing on the
record as they personally wish to vote. I move to amend the
4
58 
PROCEEDINGS OF THE CONFERENCE.
first rule by inserting after the word " representing," the words,
"The yeas and nays of the delegates from each State, on any
question, shall be entered on the Journal when it is desired by any
delegate."
On motion of Mr CRAsE, the amendment was laid upon the
table.
The PRESIDENT:-The Conference will now proceed to
the order of the day, the question being upon the several reports presented by the General Committee of one from each
State.
The chair was taken, at the request of the PRESIDENT, by Mr.
ALEXANDER, of New Jersey.
Mr. BALDWIN:-I move to substitute the report presented
by myself for the report of the majority of the Committee. I will
consent to strike out that part of it which relates to   Mr  TURNIER:-Before the gentleman  from Connecticut
proceeds with his argument I trust he will give way for the introduction of a resolution. I am sure the time has come when
we ought to pass such a resolution as I now offer. I am unwilling to sit here longer unless some means are taken to secure
a report of our proceedings.
The PRESIDENT:-A resolution is not now in order.
Mr. TURNER:-I ask that the resolution may be read for
the information of the Conference, and also ask the leave of the
Conference for its introduction.
The resolution was read. It provided for the appointment of
a stenographer.
The question was taken, and upon a division the leave to introduce it was refused.
Mr. BALDWIN:-I rise for the purpose of supporting my
motion to substitute the report presented by myself for that presented by the majority of the committee. As I was about to remark, when the resolution just disposed of was introduced, I will
consent to strike out all that portion of my report which precedes
the words "whereas unhappy differences," &c., in order that the
substitute offered may conformi more nearly in substance to the
proposition of the majority. It seems desirable on all hands that
whatever we adopt here should be presented to Congress; and if
I
59 
REMARKS OF MR. BALDWIN.
it receives the sanction of that body, should be by it presented to
the States for their approval. My report when thus amended
will be in a proper form for such a disposition.
lMy report, it will be noticed, is based mainly upon the action
of the Legislature of Kentucky. I have adopted those resolutions of Kentucky as the basis of my recommendation, on account
of the short time which remains for any action at all, and because
it appears to me that the kind of proceeding indicated in them
is best calculated to meet with favor in the States which
must approve any action taken here before it can be made
effectual.
The resolutions of Virginia, under which this Convention is
called, were adopted on the 19th of January last. The resolutions of Kentucky to which I have referred were adopted on
the 25th of the same month. It is not only the necessary presumption that the latter were passed with a fill knowledge of
the action of Virginia, but I understand from their reading that
they were adopted in consequence of the proposition of the latter
State. I am disposed to favor the line of policy initiated in the
resolutions of the State of Kentucky.
There are two ways of presenting amendments to the Constitution provided in that instrument. By the first, by Congress
whenever two-thirds of both Houses shall deem such amendments
necessary: or by the second, the same body, upon the application
of the Legislatures of two-thirds of the States, may call a convention for the purpose of proposing amendments. These two are
the only modes in which, under that instrument, amendments
can be proposed to the Constitution.  Either of these is adequate,
and it was the manifest intention of its framers to secure due consideration of any changes which might be proposed to the fundamental law of our Government.
It is conceded on all hands that our action here will amount
to nothing, unless it meets the approval of Congress, and such
proposals of amendment as we shall agree upon are recommended by that body to the States for adoption. The session of the
present Congress is drawing to a close. There remain only fifteen or sixteen days during which it can transact business. Can
any one suppose that in the present state of the country, with
i
60 
REMARKS OF MR. BALDWIN.
the large number of important measures before Congress and
awaiting its action, any proposition of real importance emanating from this Conference could be properly considered by either
ilouse in this short time? I am assuming just now that this is a
Convention which has the right, under the Constitution or by
precedent, to make such propositions. But if we do not remember, most certainly Congress will, that however respectable
this body may be, however large may be the constituency which
it represents, it is, after all, one which has no existence under, and
is not recognized by the Constitution. In a recent speech in the
Senate, Judge COLLIAMER, of Vermont, one of the ablest lawyers
in that body, has more than intimated a doubt whether Congress could, under the Constitution, entertain proposals of amendment presented to it by such a body as this. But, waving all
technicalities, the substantial objection which influences my mind
is, that the course of action proposed by the majority of the
committee is contrary to the spirit of the Constitution. When
the people adopted that instrument and subjected themselves to
its operation, they intended and had a right to understand that
it should be amended only in the manner provided by the Constitution itself. They did not intend that amendments should
be proposed under, or the existence of the Constitution endangered by any extraneous pressure whatever. They wisely provided a way in which amendments might be proposed, or rather
two ways.  Under either of them, due examination and consideration was secured. They would not have consented to any other
way of proposing amendments. The General Government, on the
adoption of the Constitution, for all national purposes, took the
place of the State Governments. The people of the United
States from that time, in the language of a distinguished Senator
from Kentucky, owed a paramount allegiance to the General
Government, and a subordinate allegiance only to the State
Governments. Changes in the Constitution, then, can only be
properly made in the manner provided by the Constitution.
Propositions for changes in it must come from the people, or
their representatives in Congress. Any attempt to coerce Congress, or to influence its action in a manner not provided by
the Constitution, is a disregard of the rights of the people.
Why are we assembled here to urge these amendments upon
I
61 
THE KENTUCKY RESOLUTIONS.
Congress? to induce Congress to recommend them to the people
for adoption?  Are we the representatives of the people of the
United States?  Are we acting for them, and as their authorized
agents, in this endeavor to press amendments upon the attention
of Congress?  Because, if our action is to have any effect at all,
it must be to induce Congress to conform to our wishes-to propose the very amendments which we prepare.
The members of the House of Representatives were elected
by the people. They were selected to perform, and they do perform, their duties and functions under the obligations of their
official oaths. There is no question about their agency, or their
right to act in the premises. The Constitution makes them the
agents of the people. The Legislature of the State of Kentucky,
well understanding and appreciating the only true method in
which constitutional amendments should be proposed, with all
the formality of a legislative act approved by the Executive of
that State, has applied to Congress for the call of a convention
for proposing amendments to the Constitution of the United
States, and has requested the President to lay those resolutions
immediately before Congress.  She wishes other States to unite
with her in the preparing and proposing of amendments to the
Constitution. This is the correct, the legal, the patriotic course.
This was what Kentucky had the right to ask, and this is all she
has asked.
Mr. BALDWIN here read the Kentucky resolutions, as follows:
Resol8utions recommrnending a callfor a onvention of the TUnited
States.
Whereas, The people of some of the States feel themselves deeply aggrieved by the policy and measures which have been adopted by some of the people of the other States; and whereas an amendment of the Constitution of the
United States is deemed indispensably necessary to secure them against similar grievances in the future: Therefore,
Resolved, by the General Assembly of the Commonwealth of Kentucky,
that application to Congress to call a Convention for proposing amendments
to the Constitution of the United States, pursuant to the fifth article thereof,
be, and the same is hereby, now made by this General Assembly of Kentucky; and we hereby invite our sister States to unite with us, without delay, in a similar application to Congress.
Resolved, That the Governor of this State forthwith communicate the
foregoing resolution to the President of the United States, with the request
I
62 
REM zKS  OF MR. BALDWIN.
that he immediately place the same before Congress and the Executives of the
several States, with a request that they lay them before their respective Legislatures.
Resolved, If the Convention be called in accordance with the provisions of
the foregoing resolutions, the Legislature of the Commonwealth of Kentucky
suggest for the consideration of that Convention, as a basis for settling existing difficulties, the adoption, by way of amendments to the Constitution, of
the resolutions offered in the Senate of the United State by the Hon. JoHN J.
CRITTENDEN.
DAVID MERIWETIIER,
Speaker of the House of Representatives.
THOMAS P. PORTER,
Speaker of the Senate.
Approved January 25, 1861.
B. MAGOFFIN.
By the Governor:
THOMAS B. MONROE, JR.,
Secretary of State.
Mr. BALDWIN continued:-Now, what are we asked to do
by the majority of the committee? It is not to unite with Kentucky or to accede to her wishes for a convention of the States, under the Constitution, but to thwart the wishes of Kentucky, and to
induce Congress itself to originate and propose amendments, or
to propose those which we may originate. Kentucky asks that
the people of the States themselves might elect delegates to a
convention, who should carefully consider the whole subject.
The Kentucky resolutions were transmitted to the President, who
sent them to Congress, as he said, with great pleasure. Kentucky
stated that she was in favor of the so-called Crittenden resolutions,
but she did not request Congress to propose them as amendments
to the Constitution.
How is this body constituted? Do we, its members, represent
the people of the several States?  Have they had an opportunity
to elect delegates, to select those in whom they had confidence
and whom they could trust?  Not at all.  Why should we assemble here and express our wishes to Congress in reference to
the Constitution without permitting California, Oregon, or many
other States not here represented, to unite in our deliberations?
I cannot assent to such an unfair proceeding toward other States.
Suppose one-half the States should request Congress to propose
amendments, will Congress agree to it? No, sir. The Constitu
t
63 
REMARKS OF MR. BALDWIN.
tion provides that Congress shall not propose amendments without the consent of two-thirds of the States. Congress has not
deemed any amendments necessary, so far as we know, and yet a
majority of the committee of this body ask Congress to propose the
amendments on our responsibility alone. It appears to me, then,
that this proceeding must be regarded not as one known to the
Constitution, but as a revolutionary proceeding. All the States
are not represented here, nor have all had an opportunity to be so
represented. Some of us are acting under the appointment of
the Legislatures of our States; other delegates are simply appointed by the Executives of their States and are acting without
any legal authority. We are not standing upon equal ground;
some are only acting upon their own judgment; others are acting
under instructions from their several Legislatures. If the Virginia Legislature itself were here, its action would differ materially from the present views of the delegates from that State.
But how is this?  The Resolutions of the Legislature of Virginia make the statement that unless these questions are settled,
and settled soon, there is danger of the disruption of the Union.
Admit this to be so, and it furnishes no reason for changing the
mode of proposing constitutional amendments. The Constitution
knows no such danger. It is a self-sustaining Constitution, and
was supposed to contain within itself the power to secure its own
preservation. The Constitution ought not to be amended without the deliberate action of the people themselves.  I cannot
and I will not disregard their rights. I cannot recognize the
claim that the secession of a State, by an ordinance of its Convention, can carry either the State or its people out of the Union.
There is no such thing as legal secession, for there is no power
anywhere to take the people out of the protecting care of the Government, or to relieve them from their obligations to it.
And where is the clause in the Constitution that authorizes
the call upon Congress to do what Congress is asked to do here?
The Constitution was adopted "to form a more perfect Union."
The people were not to be allowed to alter it, except in the two
modes prescribed in it. The Convention which adopted it did
not propose that changes should be made in it without ample
time for deliberation and discussion. We are here, then, simply
as conferees from States expressing our individual opinions. We
64 
I
RARKS OF MR. BALDWIN.
are now asked to recommend to Congress amendments to our
fundamental law; we have no more right to do so than members
of the so-called Southern Confederacy.  We, a mere fraction of
the people, propose to unite in bringing a pressure upon Congress,
which shall induce it to propose these amendments.  This was
not one of the modes contemplated or provided by the framers
of that sacred instrument.
General WAsHINGTON presided over the Convention which
prepared our Constitution.  None knew better than he the reasons which made its adoption necessary to the preservation of the
Government-none knew better the dangers which would probably surround it in after years.  In that last counsel of his to the
American people-his Farewell Address-a paper drawn up with
the greatest deliberation, embodying opinions which he entertained as the result of a long life of active study and reflection, he
warns us against all such proceedings as those contemplated by
the majority of the committee.  I am sure the delegates from
Virginia will not now refuse to listen to the words of that illustrious man, uttered upon the most solemn and momentous occasion of his life.  Hear his words:
"Here,  perhaps, I ought to stop.   But a solicitude for your welfare,
which cannot end but with my life, and the apprehension of danger natural
to that solicitude, urge me on an occasion like the present to offer to your
solemn contemplation, and to recommend to your frequent review, some sentiments which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your
felicity as a people. These will be offered to you with more freedom, as you
can only see in them the disinterested warnings of a parting friend, who can
possibly have no personal motive to bias his counsel."
Again:
"But as it is easy to foresee, that from different causes and from different
quarters much pains will be taken, many artifices employed, to weaken in
your minds the conviction of this truth; as this is the point in your political
fortress, against which the batteries of internal and external enemies will be
most constantly and actively (though often covertly and insidiously) directed, it
is of infinite moment that you should properly estimate the immense value of
your national union to your collective and individual happiness; that you
should cherish a cordial, habitual, and immovable attachment to it; accustoming
yourselves to think and speak of it as the Palladium of your political safety
and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be
5
65 
REMARKS OF MR. BALDWIN.
abandoned; and indignantly frowning upon the first dawning of every at.
tempt to alienate any portion of our country from the rest, or to enfeeble the
sacred ties which now link together the various parts."
Are not these admonitions at the present moment peculiarly
worthy of our attention? And with them before us, can we invoke the action of Congress for the alteration of the fundamental law of the Government in any other ways than those provided
in the Constitution? I earnestly hope not. If we act at all, let
us act in that regular method which gives time for consultation,
for consideration, and for action among the people of all the
States. It appears to me, that in adopting the line of policy proposed by the majority of the committee, we are doing the very
thing which WASHINGTON warned us not to do.
Ile said further:
"To the efficacy and permanency of your Union, a government for the
whole is indispensable. No alliances, however strict, between the parts, can
be an adequate substitute; they must inevitably experience the infractions and
interruptions which all alliances in all times have experienced. Sensible of this
momentous truth, youhave improved upon your first essay, by the adoption of a
Constitution of Government better calculated than your former for an intimate union, and for the efficacious management of your common concerns.
This Government, the offspring of our own choice, uninfluenced and unmoved,
adopted upon full investigation and mature deliberation, completely free in
its principles, in the distribution of its powers, uniting security with energy,
and containing within itself a provision for its own amendment, has a just
claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political systems is the
right of the people to make and to alter their Constitutions of Government.
But the Constitution which at any time exists, till changed by an explicit
and authentic act of the whole people, is sacredly obligatory upon all."
And again:
"Toward the preservation of your Government, and the permanency of
your present happy state, it is requisite, not only that you should steadily
discountenance irregular oppositions to its acknowledged authority, but also
that you resist with care the spirit of innovation upon its principles, however
specious the pretexts. One method of assault may be to affect in the forms
of the Constitution alterations which will impair the energy of the system,
and thus to undermine what cannot be directly overthrown. In all the changes
to which you may be invited, remember that time and habit are at least as
necessary to fix the true character of governments, as of other human institutions."
66 
REARKS OF MR. BALDWIN.
And still further:
"If, in the opinion of the people, the distribution or modification of the
constitutional powers be in any particular wrong, let it be corrected by an
amendment in the way which the Constitution designates. But let there be
no change by usurpation; for though this in one instance may be the instru  ment of good, it is the customary weapon by which free governments are de  stroyed. The precedent must always greatly overbalance in permanent evil
any partial or transient benefit which the use can at any time yield."
If we adopt the majority report here, we attempt to correct the
Constitution by an amendment in a way which the Constitution
does not designate. WAsHIINGTON says if there is any thing wrong,
let it be corrected in a constitutional way; and that, sir, is just what
Kentucky has said, and that is what every loyal State will say.
Kentucky has inaugurated this proceeding, and it is one eminently
worthy of her-true as she has always been to the Union. I can not disregard this action of her Legislature. I do not think any
exigency exists which requires us to disregard it. I am ready,
and my State is ready, to confer with other States in reference to
the Constitution, when asked to do so in any of the modes point
ed out by that instrument.
Entertaining these opinions, and with these convictions, I
should be untrue to my sense of duty to the Government and the
State I represent, and to the people of the United States, if I
should consent to disregard the Constitution and my obligations
to it.
I have stated these considerations because they are powerful
enough to influence and control my course. Others must act
upon their own convictions. I have come to the conclusion that
I ought to submit this minority report with distrust, and with
distrust only, because so many of the able statesmen composing
the majority of the committee have seen fit to adopt different
views. Mly report leaves every thing to the people, where I think
every such question should be left.  When they consult together
and decide in the constitutional way I shall bow to their decision,
whatever it may be.
Mr. GUTHRIE:-I do not propose to follow the gentleman
(Mr. BALDWIN) through all the ramifications of his speech.  I
have made the Constitution my study for many years, and I have
looked at the causes which give it strength and the causes which
give it weakness.  I believe that our fathers organized this
Al
67 
REMARKS OF MR. GUTHRIE.
Government in great wisdom.  Its strength was in the affections
of the people. It never had any other strength, and it was never
intended it should have. It was not intended to be sustained by
standing armies. Its strength was intended to be placed in the
affections of the people, and I had hoped it would endure forever.
Without the affections of the people it is the weakest Government ever established. The people! What a spectacle do we
witness now! One portion of the people has lost confidence in
the Government, and now seven States have left it. The
Government cannot realize that they are gone. We have established the right of revolution, and that right gave to the world
this splendid Government.  this was the first precedent; it will
stand for all time. It will always be acted upon when the people
have lost confidence in the Government. I hate that word secession, because it is a cheat!  Call things by their right names!
The Southern States have framed another Government; they
have originated a  evolution.  There is no warrant for it in the
Constitution, but it is like the right of self-defence, which every
man may exercise. The gentleman from Connecticut has forgotten that the Government made Congress the recipient of petitions. Why was this? It was that Congress might be influenced by the wishes of the people and act upon them.
We are twenty States assembled here. Congress has been in
session more than two months. The Government is falling to
pieces. Congress has not had the sagacity to give the necessary
guarantees, the proper assurances to the slaveholding States.
This session will make a shamefuil chapter in the history of this
Government, to be hereafter written. Why should this Congress
refuse to give the people guarantees   The proudest Governments in the world have been compelled to give their people
guarantees.
We are assembled here to consult, and see what can be done;
to consult as representatives of the States. Is there any impropriety in our stating what would restore confidence, to our
putting this in writing, and to our proposing the plan of restoration we think should be adopted to Congress, and asking Congress to submit that plan to the people? Are we not the representatives of the people, sent here to do what we think ought to
be done, and to ask Congress by way of petition to repair the
68 
REMARKS OF MR. GUTHRIE.
foundations of the Government? It is all legitimate, and legitimate in the most technical sense.
Suppose we ask Congress to act on this proposition. We
come directly from the people. We ask Congress to submit a
plan which we think will save the Government, to the people.
Is this taking any advantage of the States?  They can take all
the time they wish for deliberation, and we can bring no pressure to bear on them. In these times of great peril and trouble,
we ask Congress, backed by the moral force of the States we
represent, to act and save the country.
Two or three years hence will not answer. The foundations
of the Government are undermined and growing weaker every
day, and if the people who may give to it the necessary repair
and strength do not do so, they will be called to a fearful account.  When the building is on fire, it is no time to inquire
who set it on fire. The North say the South did it, and the
South say the North did it.
We are all interested in this Government; we love the Constitution; we love the Union; we want to repair it-we want to
lay the foundation for bringing back the States who have left us,
by reason and not by the sword. The delay which the gentleman proposes is too long; the Constitution has provided a shorter
way. In adopting that we are only recognizing the right of
petition.
I, sir, will answer to Kentucky; I don't want the gentleman
to come between me and the people of Kentucky. He has no
right to speak for the people of that Stateher representatives
here have that right and will exercise it. Why were these resolutions passed?  Because Congress had failed to provide the
means needful to our safety. The resolutions under which the
Kentucky delegation came here were passed on the 29th, not the
2Sth of January. They were passed after the resolutions to
which the gentleman refers. They ought to be regarded, as they
are in fact, as the deliberate expression of the Legislature of
Kentucky in favor of this Conference.  In them it is stated that
Kentucky heartily accepts the invitation of her old mother
Virginia.  She acts in no unwilling spirit, she hastens to avail
herself of any opportunity to save the Government.  She believes
a favorable opportunity is offered by this Conference. I repeat
69 
REMARKS OF MR.  GUTHRIE.
again: Adopt the report of the majority of the committee and
I will answer to Kentucky. I will go farther. I will answer
that Kentucky herself will adopt the very proposals of amendment to the Constitution contained in the committee's report.
But the gentleman insists that the action proposed is not only
improper but that it is revolutionay. I deny that it is revolutionary. It is no more revolutionary than any other form of petition. It is a petition sustained by the moral force of twenty
States-a petition which Congress will not disregard.
But if the report of the majority is revolutionary, what of the
gentleman's report?  Is that provided for by the Constitution?
Is that according to the forms of the Constitution? No, sir.
Every argument he has brought against the report of the majority, applies with equal force to his own. His views will
answer for those who are willing to stand by and see this Government drift toward destruction-to see this country involved in
civil war.  It will answer for those who will oppose all action,
and who wish to do nothing at all. His report is a new excuse
for inaction. It will not answer for us.
Sir, we are acting under a fearful responsibility. The eyes of
every true patriot in the nation are turned toward this body.
The people are awaiting our action, with anxious and painful
solicitude. They know and we know that, unless the wisdom of
this Conference shall devise some plan to satisfy the people of the
slaveholding States-to quiet their apprehensions, a disruption
of the Government is inevitable. If we adopt the gentleman's
views, go home and do nothing, we take the responsibility of
breaking up the Government.
I do not propose to discuss the merits of the majority report
at the present time. I have only sought to answer the arguments
of the gentleman against our acting at all. But I claim that this
way of proceeding is entirely irregular. The report of the gentleman is not in order. The report of the majority was first presented, and should be first acted upon. I move to lay the report
of the gentleman from Connecticut upon the table.
Mr. LOGAN:-I would ask Mr. GUTHRI   to withdraw his
motion. If the motion were adopted it would prevent discussion.
It was expected that we were to discuss the subject to-day. It is
not of much consequence which report is first acted upon. They
t
70 
REMARKS OF MR. CURTS.
are all before the Conference, and the merits of all of them are
under discussion.
Mr. GUTHRIE withdrew the motion to lay on the table.
Mr. MOREHEAD, of Kentucky, took the chair.
Mr. CURTIS:-I am a member of the present Congress; I
have faithfully attended its deliberations, and have anxiously
watched its course. Mr. GUTHRIE will find that there are other
and different objections to the line of policy he proposes, to
which he has not alluded, and which he does not understand.
But they are objections which have determined, and will determine, the action of Congress.  I would ask Mr. GUTHRIE if the
adoption of his propositions, previous to their action, would have
prevented the States which have already seceded from going out.
Mr. GUTHRIE:-I think it would have prevented them;
all but South Carolina. I did not intend to assail Congress, or
any member of it, personally.
Mr. CURTIS:-I do not agree with the gentleman.   We
know, and the gentleman knows, that there has been for a long
time a purpose, a great conspiracy in this country, to begin and
carry out a revolution. That has been avowed over and over
again in the halls of Congress. Can you expect a member of
Congress to do more than reflect the will of his constituents, the
will of his people? Would you have him do any thing different?
There were forty or fifty different propositions before the Congressional Committee of Thirty-three. There are many here.
There are many difficulties attending the solution of this question
in every respect. But we may as well speak plainly. I cannot
go for the majority report of the committee, and among other
reasons, for this reason: Their proposition makes all territory
we may hereafter acquire slave territory.
Mr. JOHNSON:-No; such is not the fact.
M]r. CURTIS:-I have read it, and such is my construction.
Mr. JOHNSON:-Such is not the intention.
M/r. CURTIS:-Any future territory which we acquire must
be from the south; we have extended as far as we can to the
north and the northwest.
Mr. WICKLIFFE:-Will you agree to divide all fuiture territory?
Mr. CURTIS:-I will do almost any thing to save the Union.
I!
71 
REMARKS OF MR. CURINS.
I will reflect the will of my constituents. I think it ought not to
be divided equally, but the South ought to have its share. There
is another trouble. Look at the difficulty of getting any proposition through Congress. Congress has only fifteen days of life.
I ask you, even with general unanimity, if you can hope to pass
at this session any new proposals of amendments?  If you do, you
will get along faster than is generally the case.  There is one
proposition before Congress that I believe can pass. It is the
Adams proposition, to admit all the territories south at once. It
is already slave territory. It is now applying for admission. If
this is acceptable to the South, I will go for it. We are bound
to admit it under the ordinance of 1789.
Mr. GOODRICH: Do I understand my friend to claim
that the ordinance of 1789 involves a proposition to divide the
territory?
Mr. CURTIS:-I understand that in connection with the
subsequent legislation it does.
Mr. GOODRICH:-The concession of territory from North
Carolina contains a prohibition from acting on the subject of
slavery in the territory ceded.
Mr. CURTIS:-I agree entirely with the gentleman.  I am
opposed to slavery, but we must divide the territory. Let us
leave slavery where it is, and admit the territory for the purpose
of settling the question. I do not agree with Mr. GUTURIE that
this Government depends on the will of the people. It is a selfsupporting government; it will support itself. There is no justification for the action of the seceded States, and I cannot agree
that Congress is responsible for their action. The secession plot
was formed before Congress assembled. There weas a power to
check it. If our President had acted as Jackson did, there would
have been an end of it. The day for hanging for treason has
gone by. We must look at things as they are. Even in battle
the white flag must be respected. Let this subject be frankly
discussed in a conciliatory manner. If any State has the right to
go out of the Union at its own volition, then this Government, in
my opinion, is not worth the trouble of preserving. The President is sworn to protect and uphold the Government. So long as
there is a navy, an army, and a militia, it is his sworn duty to
uphold it-to uphold it as well against an attack from States as
rf
72 
4',
REMARKS OF MR. JOHNSON.
from individuals. The Government is one of love and affection,
it is true, but it is also one of strength and power. Where was
there ever a more indulgent people than ours? Our forts have
been taken, our flag has been fired upon, our property seized, and
as yet nothing has been done. But they will not be indulgent
forever. Beware, gentlemen, how you force them further. Gentlemen talk about the inefficiency of Congress; I wish there was
some efficiency in the Executive.  If there was, or had been, our
present troubles would have been avoided.
Mr. TURNER:-I do not understand that the report of the
majority is applicable to future territory. I move the recommitment of the report, to have that question settled.
Mr. JOHlNSON:-It is true there are different constructions
which may be placed on the report.  I think if it had been understood to apply to future territory, it could not have received
the support of a majority of the committee.  Mr. CRITTENDEN's
proposition applies to future territory. I submitted a proposition
to the committee also intended to apply to future territory. A
majority of the committee was opposed to it. Mr. EWING drew
this part of the amendment, and there is some difference of
opinion about it. In my opinion the amendment would not apply to future territory, and I intended at the proper time to offer
an amendment which should make it plain, and not leave it open
to construction. Personally, I should be glad to apply it to future territory, but I shall yield. I think if we can settle the question now, there will be no further trouble. I do not believe
any territory will be acquired hereafter without great unanimity.
It is not quite true, although it may be probable, that the future
territory will be south of the line proposed.
Mr. TURNER:-I am still more confirmed that it was the
intention of the committee to have the amendment only apply to
existing territory. If this is settled now, it will shorten the debate. If the gentleman will move to amend now, I will withdraw my motion.
Mr. JOIHNSON:-I move to amend by inserting the word
present before the word territory in the first line of Section I., with
such other verbal amendments as may make the sense conform,
and to adopt that amendment now. This covers the whole
ground. I wish to discuss these amendments, but am physically
73 
RE ARKS OF:MR. JOHNSON.
unable to speak to-day, and would prefer to have the discussion deferred.
Mr. JOHNSON then moved an adjournment, which was carried on a division, and the Convention adjourned at two o'clock
and fifty minutes.
74
t 
RESOLUTION FOR A REPORTER.
ELEVENTH DAY.
WASHINGTON, MONDAY, February 18th, 1861.
THE Convention was opened with prayer by Rev. P. D. GUR
LEY.
The Journal of yesterday was read and approved.
Mr. CHITTENDEN offered the following resolution:
Resolved, That the rules of this Convention be so far modified as to require
the Secretary to employ a competent stenographer, who shall write down and
preserve accurate notes of the debates aid other proceedings of this body,
which notes shall not be communicated to any person, nor shall copies thereof be taken, nor shall the same be made public until after the final adjournment of this Convention, except in pursuance of a vote authorizing their publication.
Mr. CIIITTENDEN:-I have no desire to occupy time in debating this resolution, much less to waste it in a fruitless attempt to
oppose what seems to be the settled purpose of a majority of this
Convention.   But if this body will consider the purpose which
the resolution seeks to attain, it may, perhaps, be found less objectionable than other similar ones which have been defeated.
The objection heretofore made is, that a publication of what
transpires here would lead to an excited criticism in the country,
which would be unfavorable to the calmness and ultimate success
which should attend our deliberations. While I entertain no
such apprehensions, permit me to observe that this resolution contemplates no present publication of our debates, but a publication
at such a time, and in such a manner, as will be unobjectionable.
That time may not come till after our adjournment. I am free
to say, that when we are dealing with the important issues now
before us, I prefer to have our action, our words, our whole
conduct, all that we do and say, open and public. We should
75 
REMARKS OF MR. CHITTENDEN.
fear no criticism when we are right; we ought to be held to account when we are wrong. But if gentlemen will not consent
to this, at least let the daily record of each of us be made up now:
let it be full and perfect. When a question comes up hereafter
which concerns the sentiments or the action of a member, let its
decision depend upon no uncertain recollection, a recollection
which must fade and grow dim with each one of us, as the time
of this Convention recedes into the past. Such a record can injure no one; it may be of infinite service hereafter. I could not
justify myself to my conscience, or to those who have a right to
hold me responsible for my acts here, if I failed to do all that lays
in my power to have the true history of this Convention laid before the country. A naked journal amounts to nothing. It is a
skeleton. Our discussions alone will give it form and comeliness
I have prepared this resolution upon consultation with many members, whose ideas of what should be done here agree with mine.
They concur with me in the propriety of offering it. If it fails,
the responsibility of keeping our discussions from the people will
not rest with us.
Mr. POLLOCK:-I move to lay the resolution on the table.
Mr. CHIIITTENDEN: -Let the vote be taken by States.
The vote was so taken, and the following States voted in the
affirmative: Connecticut, Rhode Island, New Jersey, Delaware,
Maryland, Kentucky, Tennessee, North Carolina, Missouri, Virginia, and Pennsylvania-11.
The following States voted in the negative: Maine, Vermont,
New Hampshire, Massachusetts, Indiana, Illinois, Iowa, and New
York 8.
So the motion to lay on the table prevailed.
When the State of Ohio was called, a member of her delegation stated that it was equally divided.
Mr. TUCK:-I ask the unanimous consent of the Conference
to introduce a proposition in the form of an address to the people
of the United States. I do so after having consulted a considerable number  of members;  and having found that it meets
their approval, I desire to read it, and will then move that it be
laid on the table and printed.
Mr. RANDOLPIIH:-Is the gentleman's motion in order?
Mr. EWING:-I object to the reading.
76 
MR.  TUCK'S ADDRESS.
Mr. CLAY:-Certainly; I object also.
Mr. TUCK:-I will acquiesce with a single word.  I certain.
ly hoped no curt objection would be made to the reading of any
proposition which any member might deem it his duty to offer.
As gentlemen differ from me in this respect, I will hand the paper to the Chair.  I hope at least it may be permitted to lay on
the table.
The PRESIDENT:-I hold it the gentleman's undoubted
right to read the paper if he chooses.
Mr. TUCK:-Very well.
Hle commenced reading when he was interrupted by
Mr. WICKLIFFE:-I hope Mr. Tucx will withdraw this
paper.  If the Convention agrees to any result, I shall favor its
submission to the people with an address.  I will pledge myself to
suggest the gentleman's name as one of a committee to prepare
the address at the proper time.
The PRESIDENT:-The gentleman from New Hampshire
has the floor.
Mr. TucK then completed the reading of the paper, as fol
lows:
To THE PEOPLE OF THE UNITED STATES:
This Convention of Conference, composed in part of Commissioners appointed in accordance with the legislative action of sundry States, and in part
of Commissioners appointed by the Governors of sundry other States, in compliance with an invitation by the General Assembly of Virginia, met in
Washington on the 4th of February, 1861. Although constituting a body unknown to the Constitution and laws, yet being delegated for the purpose, and
having carefully considered the existing dangers and dissensions, and having
brought their proceedings to a close, publish this address, and the accompanying resolutions, as the result of their deliberations.
We recognize and deplore the divisions and distractions which now afflict
our country, interrupt its prosperity, disturb its peace, and endanger the
Union of the States; but we repel the conclusion, that any 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.
In a country embracing the central and most important portion of a
continent, among a people now numbering over thirty millions, diversities of
opinion inevitably exist; and rivalries, intensified at times by local interests
and sectional attachments, must often occur; yet we do not doubt that the
theory of our Government is the best which is possible for this nation, that
the Union of the States is of vital importance, and that the Constitution,
I
77 
I
MR.- TUCK'S ADDRESS.
which expresses the combined wisdom of the illustrious founders of the Government, is still the palladium of our liberties, adequate to every emergency,
and justly entitled to the support of every good citizen.
It embraces, in its provisions and spirit, all the defence and protection
which any section of the country can rightfully demand, or honorably concede.
Adopted with primary reference to the wants of five millions of people,
but with the wisest reference to future expansion and development, it has
carried us onward with a rapid increase of numbers, an accumulation of
wealth, and a degree of happiness and general prosperity never attained by
any nation.
Whatever branch of industry, or whatever staple production, shall become, in the possible changes of the future, the leading interest of the country, thereby creating unforeseen complications or new conflicts of opinion and
interest, the Constitution of the United States, properly understood and fairly
enforced, is equal to every exigency, a shield and defence to all, in every
time of need. If, however, by reason of a change in circumstances, or for
any cause, a portion of the people believe they ought to have their rights
more exactly defined or more fully explained in the Constitution, it is their
duty, in accordance with its provisions, to seek a remedy by way of amendment to that instrument; and it is the duty of all the States to concur in such
amendments as may be found necessary to insure equal and exact justice to
all.
In order, therefore, to announce to the country the sentiments of this
Convention, respecting not only the remedy which should be sought for existinig discontents, but also to communicate to the public what we believe to
be the patriotic sentiment of the country, we adopt the following resolutions:
1st. Resolved, That this Convention recognize the well-understood proposition that the Constitution of the United States gives no power to Congress,
or any branch of the Federal Government, to interfere in any manner with
slavery in any of the States; and we are assured by abundant testimony, that
neither of the great political organizations existing in the country contemplates a violation of the spirit of the Constitution in this regard, or the procuring of any amendment thereof, by which Congress, or any department of
the General Government, shall ever have jurisdiction over slavery in any of
the States.
2d. Resolved, That the Constitution was ordained and established, as set
forth in the preamble, by the people of the United States, in order to form a
more perfect Union, establish justice, insure domestic tranquillity, provide for
the common defence, promote the general welfare, and secure the blessings
of liberty to themselves and their posterity; and when the people of any
State are not in full enjoyment of all the benefits intended to be secured to
them by the Constitution, or their rights under it are disregarded, their
tranquillity disturbed, their prosperity retarded, or their liberty imperilled by
the people of any State, full and adequate redress can and ought to be provided for such grievances.
3d. Resolved, That this Convention recommend to the Legislatures of the
78 
States of the Union to follow the example of the Legislatures of the States
of Kentucky and of Illinois, in applying to Congress to call a Convention foi
the proposing of amendments to the Constitution of the United States, pursuant to the fifth article thereof.
Mr. GUTHRIE:-I  object to printing this paper.  If that
course is taken, every member may offer his disquisitions on
the Constitution, and they will be printed at our expense.
Mr. TUCK:-Unanimous consent was given that it be read,
laid on the table, and printed.
The PRESIDENT:-There were three motions involved in
one. Now the question is upon laying the paper on the table
and printing it.
Mr. ALEXANDER:-I call for a division of thq question.
The PRESIDENT:-The question will be on the motion to
lay it on the table.
Mir. TUCK:-Are we not entitled to have the question taken
on the motion to print? I supposed all these questions would be
taken in a spirit of conciliation. But if not, I will withdraw the
motion to lay on the table, and move that the paper be printed.
Mr. MOREHEAD, of Kentucky:-I came here in a spirit of
conciliation, and I shall act in that spirit. Let us all do so. I
disagree entirely with Mr. Tuc: and his proposition, but I am in
favor of receiving every proposition that is offered, of printing
them all, and at the proper time of considering them all. I trust
that unanimous consent will be given to printing this paper.
The PRESIDENT then put the motion upon printing the address, and it was carried upon a division.
Mr. GUTHRIE offered the following resolution, which was
adopted unanimously:
Resolved, That if the President shall choose to speak on any question, he
may, for the occasion, call any member to preside.
Mr. MEREDITH:-I wish to offer a proposition, and hope
for the present it may lie on the table, and be considered hereafter. I do not desire to move it as an amendment to the report of the committee, but think it better to present it as a direct
and independent proposition. I present it now only for the purpose of having it before the Convention. It is as follows:
ARTIcLE.-That Congress shall divide all the territory of the United States
into convenient portions, each containing not less than sixty thousand square
79
MR.  MEREDrHTIS PROPOSITION. 
0MR. REID'S  AMENDMENT.
miles, and shall establish in each a territorial government; the several territorial legislatures, whether heretofore constituted, or hereafter to be constituted, shall have all the legislative powers now vested in the respective
States of this Union; and whenever any territory having a population sufficient, according to the ratio existing at the time, to entitle it to one member
of Congress, shall form a republican constitution, and apply to Congress for
admission as a State, Congress shall admit the same as a State accordingly.
The proposition of Mr. MEREDITH was laid on the table without objection.
lMr. WICKLIFFE:-There appears to be a misunderstanding between the Secretary and myself upon the question of printing the Journal.  To avoid question, I move that the Journalbe
printed up to and including to-day.
Mr.  GOODRICH:-I move  to amend by adding  "and
from day to day during the session."
The amendment and the motion were adopted without obj ection.
Mr. ALEXWDErR, of New Jersey, took the chair.
The PRESIDENT:-The Convention will now proceed to
the order of the day-the consideration of the report of the committee.
Mr. REID, of North Carolina: —I wish to move an amendment to the amendment offered by Mr. JOHNSOn. It is to add to
his the words "and future."  If adopted, the language will be
"present and future territory."
Mir. EWING:-This will render a division of the question
necessary. The gentleman had better withdraw his amendment
for the time.
Mr. REID:-I am instructed by the Legislature of North
Carolina to offer it, and I think best to do so in this regular manner.
Mr. CLEVELAND:-I think the motion of Mr. REID is out
of order. I suggest that if adopted, with Mr. JOHnsoN's amendment, the sense of the proposition as it now stands will not be
changed.
Mr. RUFFIN:-I rise merely to make a suggestion to my
colleague. This motion must be made at some time, by some one,
so that we may have a regular vote upon it. Now, as it is not
certain how the report of the majority of the committee is to be
construed, I propose at a suitable time to move an amendment
I
f
80 
REMARKS ON AMENDMENT.
which will make the proposition applicable to territory hereafter
acquired. If this will suit my colleague, I hope he will withdraw
his motion.
Mr. REID:-I came here not to deceive the North or the
South. I intend to be plain and unambiguous. Why should
we send forth a proposition that is uncertain, vague, and, as gen tlemen admit, open to different constructions?. If we are to
pour oil upon the troubled waters, let us do so to some purpose;
above all, let us be definite, plain, and certain. I cannot consent
to withdraw my motion. I must insist upon its considera tion.
Mr. LOGAN:-I had hoped the question on Mr. JohNsON's
amendments would have been taken on Saturday. It is an im portant one, and one which must be met. I would suggest that
it would be best to let the question be taken on Mr. JOHNsON's
amendments now. The subject presents itself to my mind in
this way: The proposition of the majority, as it now stands, is
uncertain. The friends of the proposition ought to be allowed
to perfect it, to make it satisfactory to themselves. If there is a
doubt about it, let us make it clear that it applies only to the
present territory. Then we can have a clear and decisive vote
upon it. The substance of the proposition is what I wish to
arrive at, and it will be more in order if the vote is not taken till
we know what that substance is. I shall not object to its application to future territory. I hope the gentleman from North Carolina will withdraw his amendment, and let the question be taken
on that of Mr. JoHnsoN.
Mr.  SEDDON:-One  word only.  I fear we are being
placed in an awkward position. I am desirous to have the language of the proposition clear and not delusive. The amendment of Mr. JoHaNsoN embarrasses me; I hardly know how to
vote upon it.  If I vote f,r Mr. JOHNsoN's motion, I shall have the
semblance of favoring the limitation of the proposition to present
territory. Mr. RuFFin and myself both want the same thing, but
on Mr. JoH.soN.'s motion he will vote one way and I the other.
Mr. RUFFIN: —Will the gentleman allow me to explain?
I voted against the proposition in committee because, as it now
stands, it applies only to existing territory.  I wish to carry this
proposition, but not by the vote of the South alone. I want
6
lI
81 
VOTE ON REIDIS AME.NDMENT.
Northern votes, and assurances that the people of the North will
vote for the proposition and adopt it.
Mr. SEDDON:-I shall feel disposed to vote against Mr.
JonssoN's motion.
The question was here stated by the President as follows:
The vote will be taken upon the motion of Mr. REID to
amend the amendment offered by Mr. JOANSON.
Mr. REID:-It strikes me that the question is this:  My
proposition is to add the words "and future," but Mr. JOaNSONe'S
amendment is to add the word " present."  Can this be treated
as an amendment to his motion? I must say that my duty to
my country and State will prevent my voting for the proposition
as he proposes to limit it.
Mr. COALTER:-I think the committee ought to be permitted to amend and complete their report. Let us, by general
consent, agree to have the word " present" inserted.
Mr. REID: I object to that all the time.
Mr. TURNER:-I move that the report be recommitted for
amendment.
Mr. COALTER:-Shall we adjourn over simply for this?
That will use up another day.
Mr. GUTHRIE:-I hope it will not be recommitted.  We
can settle the question here in a moment.
The PRESIDENT:-The vote will now be taken.
Mr. McCURDY:-I call for the individual names of mem bers voting.
The PRESIDENT:-The call is not in order.
The question was then taken on the amendment of Mr. REDm,
and resulted as follows:
AYEs-New Jersey, Delaware, M3aryland, Kentucky, Tennessee, North
Carolina, Missouri, and Virginia-S8.
NAYs-Vermont, M3aine, New  Hampshire, Massachusetts, Connecticut,
Rhode  Island,  Ohio,  Indiana, Illinois,  Pennsylvania, New  York,  and
Iowa-12.
So the amendment failed.
The PRESIDENT -Thle question now recurs on the motion
of the gentleman from Maryland.
Mr. JOHNSON:-I trust that I shall not trespass upon the
time of the Conference, but the subject now before it is one of
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82 
MR. JOHNSONSI SPEECH.
great importance, and it involves the consideration of many im  portant questions.  The amendment which I offer is for the pur  pose of making the proposition of the committee clear and plain.
I was aware that a construction might be placed upon it differ ent from that which the committee intended; and it is due to the
frankness which is manifested here, that the purposes of the
committee should be made plain. There ought to be no ambi guity in a constitutional provision. Some of the most impor tant constitutional questions decided by the Supreme Court
have been questions of construction. Lawyers would differ about
the construction to be given the committee's proposition. I
think the Supreme Court has placed a construction upon the
terms Bsed here, which would be conclusive. A similar question
arose in the Dred Scott case. There the question was upon that
article in the Constitution which confers on Congress the power
"to dispose of and to make all needful rules and regulations
respecting the territories or other property belonging to the
United States." The Court in that case decided that the pro vision had no bearing on the controversy in that case, because
the power given by that provision, whatever it might be, was
confined, and was intended to be confined, to the territory which,
upon the adoption of the Constitution, belonged to or was
claimed by the United States, and was within their boundaries,
as settled by the treaty with Great Britain. With this clause in
the Constitution, therefore, it could have no influence upon the
territory afterward acquired from a foreign government. I
think this decision conclusive, and that the proposition, if incorporated into the Constitution, would refer only to the territory
now owned by the United States.
It was the wish of the representatives of some States in the
committee that the word " future" should be inserted in the report. I was opposed to it: it was so odious to me to put words
into the Constitution, or to propose to do so, which should go
forth to the world as an indication that this Government proposes
to acquire new territory in any way. I have said that the Supreme Court in the Dred Scott case decided that the words " the
territories" in the Constitution only applied to the then existing
territory. I think they decided wrong in this respect, though I
agree to the correctness of the decision in that case in the main;
t
83 
MR. JOHNSONSI SPEECH.
but such as it is, the decision is binding upon this Conference
and the people.
Mr. JoHEsoN here read a portion of the opinion of Judge
THEY delivered in the Dred Scott case, and continued:
You perceive that Judge TAE   turns the question upon the
construction of the word "the."  Had the word "any" been
used in its place, he must have held that the provision applied to
future, as well as the then existing territory.
Knowing that it was the purpose of the majority of the committee to exclude future territory from the operation of this
proposition, and that it was due to the committee and the Convention that their purposes should be carried out, I offer my
amendment as applicable to-the sixth line of the proposition as
well as the first.
In discussing the merits of this report, in its application to
the existing condition of the country, I have to say a word to my
Southern friends.  You have sought to extend this provision to
territory which shall be hereafter acquired. You have had a
decisive vote and have been beaten in this Conference.  The
fight has been a fair one; the question has been thoroughly understood. We ought to acquiesce in the decision of the majority.
We cannot change this decision if we would; and if we could
change it, the proposition amended as you would prefer to have
it, would never pass Congress. The repeated action of that body,
during its present session, shows this conclusively. Accepting
this decision then, as definitive, can we not settle the question
with reference to existing territory?  Shall we settle it?  Settle
it fairly-recognizing and acknowledging the rights of all, and
remain brethren forever with the Free States! From my very
heart, I say yes. (Applause.) The proposition as it now' stands
covers all the territory we have.  The whole ground, the whole
trouble, which has brought this country into its present lamentable condition-has arisen over this question. I believe if it had
been disposed of or settled in some way before, many States
would have been kept in the Union that have now gone out.
And why should we not settle it?
We have now a territory extensive enough to sustain two hun dred millions of people-embracing almost every climate, fruitful
in almost every species of production-rich in all the elements of
I
I
84 
MR. JOHNSON'S SPEECH.
national wealth, and governed by a Constitution that has raised us
to an elevation of grandeur that the world has never before witnessed. That we should separate to the destruction of such a Government, on account of territory we have not got, and territory that
we do not want, is not, I believe, the patriotic sense of the South.
But this proposition does not stand by itself alone. It is connected, and must be construed, with the provision relating to the
acquisition of future territory. The second section of the committee's proposition provides that territory shall not be acquired
by the United States, unless by treaty, nor, with unimportant exceptions, unless such treaty shall be ratified by four-fifthls of all
the members of the Senate. Is not that guaranty enough for
us?   Should we not act unreasonably  if we  required  further guaranty in this respect?  For myself, I should have preferred that the consent of two-thirds of the Senate only should
be required, and that that two-thirds should comprise a majority
both from the free and slave States.
Mr. RUFFIN:-At the proper time I shall move such an
amendment.
Mr. JOILESON:-If such an amendment is proposed I shall
vote for it. I know there will be objections raised to it, but they
will be far outweighed by the advantages it will give to the South.
But the objection of Mr. BzDwIN is opposed here, and it is
one which must be answered. Hie says this is the wrong way to
propose amendments to the Constitution-that our action is inconsistent with that instrument.  He does not claim that it is
prohibited by the letter, but by the spirit of the Constitution.
Where does he get the spirit but from the letter? There are two
methods of proposing amendments to the Constitution provided
by that instrument. Let us see what they are.
Mr. JOHNSON here read the article of the Constitution providing for amendments, and continued:
One is where two-thirds of Congress deem it advisable to propose amendments; the other is where the States themselves propose them. My learned brother would have us believe that the
members of Congress, acting under their official oaths, must each
be satisfied that each amendment proposed is proper to be incorporated in the instrument, before they should propose them; and
he maintains that there is a difference, in fact, in the two meth
I
85 
(
I
3M. JOHNSON'S  SPEECH.
ods prescribed. What right has this body, if there is any force
in this objection, to submit his proposition to the States? If what
we propose is revolutionary, then what he proposes is revolutionary. I reply to him, with all respect for his legal ability, and
with all the humility which becomes me, and insist that he is
wrong. Hie refers to the opinion of Judge COLLAMER. I hold
Judge COLLAMER in much respect, and his opinion in great honor
here, but his statements are at war with the objections made by
the gentleman from Connecticut. Judge COLLAMER maintains
that it is the duty of Congress topropose amendments, not to recommend them. It would be entirely proper, according to his
opinion, for Congress to propose amendments which they would
not adopt themselves. I go somewhat farther, and insist that it
is the duty of Congress to propose amendments whenever desired
by any State or any considerable section of the Union.  If we
have no right to suggest a line of action to Congress, no right to
petition Congress, no right to ask Congress to propose amendments, as the gentleman insists, we had better go home, or rather,
I should say, we should never have come here.
There are twenty States represented in this Conference. I
have no doubt other States would have been here, but for the
shortness of the time. But how and why are we here? We have
come here on the invitation of Virginia; her resolutions are our
constitution. We have come here at her instance. For what
purpose did she ask us to come here? under what circumstances
did she pass these resolutions?  Virginia saw that the country
was going to ruin-that one State had already seceded, and several others were about to follow. She saw there were circumstances affecting the condition of the South which aroused her to
frenzy-not madness, but the frenzy which falls on every patriotic mind when it witnesses a country going to destruction. She
saw the country was going to ruin with rapid steps, and that its
ruin must be accomplished unless her friends in the free States
would come forward, and consent to put into the Constitution additional guarantees which would satisfy the people of the slave
States that their rights were secure.  See what she did-what
she said. She expresses it as her deliberate opinion, " that unless
the unhappy controversy which now divides the States of this
Confederacy shall be satisfactorily adjusted, a permanent dissolu
86 
MR. JOHSON'S SPEECH.
tion of the Union is inevitable; and the General Assembly, representing the wishes of the people of the Commonwealth, is desirous of employing every reasonable means to avert so dire a
calamity, and determined to make a final effort to restore the
Union and the Constitution, in the spirit in which they were established by the fathers of the Republic."
Therefore she invites all States, whether slaveholding or nonslaveholding, who were willing to unite with her in an earnest ef'fort to adjust the unhappy controversies in the spirit of the Constitution, to come together to secure that adjustment. She asks
us to agree to some suitable adjustment. She does not leave us to
suggest what that adjustment shall be. She tells us herself. She
requests us to adopt it, and to submit it to Congress. She does
not ask that Congress should call a convention, for Congress could
not. Try, if we can, says Virginia, to come to some settlement
of these unhappy controversies, and send that settlement to Congress, that Congress may submit it to the country.
Virginia invited you here. She told you just what she wanted. She says if you cannot consent to that, then let her commissioners come home and report the result. If this cannot be done, if
the mode of adjustment indicated by her cannot be substantially
carried out, then our whole authority is at an end.
This matter of amending the Constitution is not as intricate and
difficult a work as gentlemen imagine. Are there not twelve amendments to the Constitution already? Were they submitted to the
people by each member of Congress acting under his official oath?
Or were they submitted in the very way the gentleman would avoid?
Were they not brought into the Constitution by outside pressure?
The Constitution has been amended. I wish to mark how
it was done, and then note why it was done.
There was a time when fears ware entertained that wrongs
might be done to different sections of the Union under the Constitution as it then stood. Congress listened to those fears, and did not
hesitate to propose amendments suggested from outside its own
body-to submit them to the people for adoption. It was necessary, in the judgment of Congress, to do this, in order to restore
confidence. It was done, and confidence was restored. Is not that
precisely our case now?  Is not confidence lost in the North and
in the South?-not exactly lost, perhaps, but shaken.  The credit
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87 
MR. JOHNSON S SPEECH.
of the Government is gone. Even our naval commanders are
unable to negotiate Government bills abroad-are reduced to the
degrading alternative of asking the endorsement of foreign States,
in order to such negotiation. Some brilliant individuals have
suggested that we have already become so poor that our widows
and wives must bring out their stockings.
Our last loan was negotiated at twelve per cent. discount.
The present loan is not to be taken at any rate, unless the
Government descends to the humiliating alternative of securing
State endorsements. Our credit is going lower and lower every
day, and it will soon come to the point where our bonds will be
worth no more than Continental money was.
Suppose we do nothing here. Are gentlemen blind to the
consequences? Gentlemen, honest and patriotic as I know you
are, have you no love for this Union?-have you no care for the
preservation of this Government? God forbid that I should say
you have none! I know you too well. My relations have been
too intimate with you, and have existed too long, for me to suppose it. You do love the Union.  I speak for the South and to the
South. I know that we can still labor to keep this Government
together. If we follow the plain dictates of our judgment, any
other course would be impossible.
The Virginia Convention is even now in session, and what a
convention it is! Disguise as we may, deceive ourselves as we
will, it is a convention which proposes to consider the question of
withdrawing the State from the Union. Kentucky and Missouri, if
we do nothing, will soon follow. If there ever was a time in the
history of the Government for conciliation, for patriotic concession,
that time is now. The time has come when parties must be forgotten. Let not the word party be mentioned here. It is not
worthy of us. Representatives of the States, you are above party
-high above.  The cords that bind you together are a hundred
times as strong as those which ever bound any party. Unless
we do something, and something very quickly, before the incoming President is inaugurated, in all human probability he will
have only the States north of Mason and Dixon to govern-that
is, if he is to govern them in peace.
I think there is no right of secession; such is my individual
opinion.  But there is a right higher than all these-the right of
I
88 
MR. JOHNSON'S SPEECH.
self-defence, theeright of revolution. It is recognized by the Con stitution itself.  The Constitution was adopted by nix, of the
States only.  What right had those nine States to separ,'e from
the other four?
Mr. SEDDON:   The right of secession.
3r. JOHNSON:-I won't dispute about terms.   In all such
discussions, Heaven save me from a Virginia politician!
The opinions of Mr. MAImsoN upon the Constitution are certainly entitled to value.  He had more to do with making it than
any other statesman of the time. I desire to read an opinion of
his, which will be found in number forty-two of the Federalist:
"Two questions of a very delicate nature present themselves on this occasion:-1. On what principle the Confederation, which stands in the
solemn form of a compact among the States, can be superseded without the
unanimous consent of the parties to it? 2. What relation is to subsist between the nine or more States ratifying the Constitution, and the remaining
few who do not become parties to it?
"The first question is answered at once by recurring to the absolute necessity of the case, to the great principle of self-preservation, to the transcendent law of nature and of nature's God, which declares that the safety and
happiness of society are the objects at which all political institutions aim, and
to which all such institutions must be sacrificed."
Now, apply these principles to the present condition of the
country. The cases are exactly parallel. M1r. MIADIsoN says in
substance, that if one section of the Union refuses to recognize and
protect the rights of another-in other words, if the free States
now refuse to guarantee the rights of the South, that there is a
right of self-preservation, a law of nature and nature's God, which
is above all Constitutions. I am not here to inquire whether the
South has a right to go out if these guarantees are not given.
That is a question which I will not argue. Some of the States
have already gone. I hold that to be a fact established.
Now, I put it to my friends of the North: Do you want us to
go out?  You are a great people, a great country-a powerful
people, a rich country. No threat or intimidation shall ever
come from me to such a people. I ask you in all sadness whether,
in the light of all our glory, of all our happiness and prosperity,
whether you will, by withholding a thing that it will not harm
you to grant, suffer us, compel us to depart?  Let me read what
was said by the same great man of Virginia, in anticipation of
the existence of the present state of things:
al
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89 
MR.  JOHlNSONO8 SPEECH.
"I submit to you, my fellow-citizens, these considerations, in full confidence that the good sense which has so often marked your decisions will allow them their due weight and effect; and that you will never suffer difficulties, however formidable in appearance, or however fashionable the error on
which they may be founded, to drive you into the gloomy and perilous scene
into which the advocates for disunion would conduct you. Hearken not to the
unnatural voice, which tells you that the people of America, knit together as
they are by so manycords of affection, can no longer live together as members
of the same family; can no longer continue the mutual guardians of their mutual
happiness; can no longer be fellow-citizens of one great, respectable, and flourishing empire. Hearken not to the voice which petulantly tells you that the
form of government recommended for your adoption is a novelty in the political world; that it has never yet had a place in the theories of the wildest
projectors; that it rashly attempts what it is impossible to accomplish. No,
my countrymen, shut your ears against this unhallowed language. Shut
your hearts against the poison which it conveys. The kindred blood which
flows in the veins of American citizens, the mingled blood which they have
shed in defence of their sacred rights, consecrate their Union, and excite horror at the idea of their becoming aliens, rivals, enemies. And if novelties are
to be shunned, believe me, the most alarming of all novelties, the most wild
of all projects, the most rash of all attempts, is that of rending us in pieces,
in order to preserve our liberties, and promote our happiness."
Grant us then, gentlemen of the North, what we are willing
to stand upon-what we will try to stand upon, and what we
believe we can. At least, this will save the rest of the States to
yourselves and to us. The States that are now in the Union will
continue there.
What is it we ask you to do?  It is to settle this question as
to our present territory. To settle it-how? By dividing it. And
how by dividing it?  By the line of 36~ 30'.  Apparently, you
think we are asking the North to yield something. I tell you it
is we who are yielding. By the decision of the Supreme Court
we have the right to go North of this line with our slaves. Now,
all we ask you to give us here is the territory south of that line;
and even as to that, we give you the right to destroy slavery there
whenever a State organized out of it chooses to do so. We are, in
fact, yielding to you.  We abandon our rights North.  Will you
not let us retain what is already ours, South?
Is it quite certain that the territory south of the line will be
slave territory? Those who repealed the Missouri Compromise,
believed that Kansas would be a slave State.  It did not turn out
so. All we ask is, that you should leave the territory south of
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the line where it has been left by the decision of the Supreme
Court. We freely yield you all the rest.
I do not propose to discuss all the amendments proposed. I
confine myself to the single -one which, if satisfactorily disposed
of, will settle all our troubles.
In conclusion, I ask, oppressed by a consciousness which almost
overmasters me-which renders me unfit to do any thing but feel
-will you not settle this question here?  I feel, and I cannot escape the feeling, that on your decision hangs the question, whether
we shall be preserved an united people, or be broken to atoms.
The States now remaining in the Union may possibly get.on for
a few years with something like prosperity; but if this question is
not settled in some way, man must change his nature or war
in the end will come.  War!  What a word to be used here!
War between whom?  There is not a family at the South which
has not its associations with the North-not a Northern family
which has not its Southern ties!  War in the midst of such a
people!  God grant that the future, that the events which must
inevitably follow dissension here, may at least spare this agony
to ourselves, our families, and our posterity.
Mr. SEDDON:-It is very clear to me that I ought not to
make a prolonged address upon a question whlich I favor.  The
only question now before us is: Shall this amendment be made
plain?  We should deal honestly among ourselves; there should
be no cheat-no uncertainty-no delusion here.  Our language
should be so clear that it will breed no new nests of trouble.
But the address of the gentleman from Maryland requires a
brief notice from me. I listened with sadness to many parts of
it. I bemoan that tones so patriotic could not rise to the level of
the high ground of equality and right upon which we all ought
to stand.
I appeal not to forbearance-I ask not for pity. I feel proud
to represent the grand old commonwealth of Virginia here, and
prouder still that I only come here to demand right and justice
in her behalf. Aye! and it is more complimentary to you to have
it so. I ask for such guarantees only as Virginia needs, and as
she has the right to demand. It is far more complimentary to
you to appeal to your sense of justice, to your sense of right, than
to your forbearance or pity.
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REMARKS OF MR. SEDDON.
Virginia comes forward in a great national crisis. When support after support of this glorious temple of our Government has
been torn away, she comnesproud of her memories of the past
-happy in the part she had in the construction of this great system-she comes to present to you, calmly and plainly, the question, whether new and additional guarantees are not needed for her
rights; and she tells you what those guarantees ought to be.
Nor does she stand alone. She is supported by all her border
sisters. The propositions she makes are familiar to the country.
They were made by a patriot of the olden time, a time near to that
of the foundation of our Government. They were such as he
thought suited to the exigencies of his time. They have since then
received a larger meed of approval, north and south, than any
other plan of arrangement.
My State offers these resolutions of her Legislature as a basis
for our action here, with certain modifications acceptable to her
people. One of these modifications has since been accepted by
the mover of these resolutions himself. M1ost important among
them is the provision as to future territory. The gentleman seems
to think that Virginia would not insist on this provision as applicable to territory we may never have. It behooves not me to
answer such a momentous question.  I am only the mouthpiece
of Virginia. She insists on the provision for future territory. She
and her sister States plant themselves upon it. What right have
I to strike out a clause which she makes specific? What right have
I to esteem it of so little weight that it may be thrown aside and
disregarded? I do not propose to give my reasons, though they
would not be troublesome to give.  It was an element in the Missouri Compromise that it should apply to future as well as to existing territory.
Does not the gentleman assert that under the laws as they now
stand, we have the right to go north of the compromise line with
our slaves? What, then, is our position?  Under the decision of
the Supreme Court we are entitled to participate in all the territory of the United States. We are offering to give up the great
part and the best part of it, and in payment we are to take the
naked chance of getting a little piece of the worthless territory
south of the proposed line! Such an idea was never entertained
by those who made the Compromise. The idea which governed
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REMARKS OF MR. SEDDON.
their action was, beyond all doubt, not that present territory alone
should be thus divided, but that the question should be removed
from doubt and difficulty for all time, and to give us at the South
a chance whatever change might come.
Shall we be rewarded for all we give up, and find full compensation in a clause which itself prevents the acquisition of future
territory? The statement is in itself a sufficient answer to the
question.
But there was another element in the propositions of the Legislature of Virginia. That, was security against the principles of
the North, and her great and now dominant party; it was intended to put an end to the discussions that have convulsed the country and jeopardized our institutions.
It was the policy of our fathers to settle these questions.
They determined to make a final and decisive line of demarkation, and to let that be conclusive. But this young people could
not be restrained, and when new territory was acquired the same
question arose again. It now comes up once more. Virginia
early saw the seeds of trouble in it, because she saw that the tide
of emigration would continue to press toward the fertile lands of
the South. She saw and she acted. In consequence of her action
we are here. Would it not be wise and well as statesmen and as
patriots, that you should do what you can for adjustment? do what
you can to bring back your sisters of the South who have departed?
It is the part of wisdom to settle. Virginia was wise to ask it.
There is another thing. A great and mighty party has arisen
at the North that is determined to exclude the institution of slavery, not only from all future, but from all present territory. We
know that in all ways this party has declared that it would not
consent to let slavery go where it does not now exist.  More
heated zealots, also animated and sustained by this same party,
have determined that this natural and patriarchal institution of
the South should be surrounded by a cordon of free States, and
in the end be extinguished altogether.
Is it not wise in Virginia, that she should see that this project
of surrounding the South with free States should be guarded
against-most effectually guarded against now and in time
to come, and so preserve her dignity and power?
This amendment adopted, and the proposition to Virginia will
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REMARKS  OF MR. SEDDON.
be a farce. Gentlemen, we hold that as the soul isto man, so is honor
to anation. Hionor is the soul of nations. Without it, no nation can
have a place in history or among the nations. We of Virginia
must have in this Confederation the position of an equal. Equal
in dignity-equal in right. In the Congress of the States of this
Union, we insist on this as our right. We must have the same
protection as the States of the North. Otherwise we are a dishonored people. We might live for a time otherwise, but we
should be unworthy a place among the nations. We hold our property, yes, our _proerty in slaves, as rightful and as honorable as any
property to be found in the broad expanse between ocean and ocean.
We feel that in the existence, the perpetuity, the protection
of the African race, we have a mission to perform, and not a mission only, but a right and a duty.
Upon this subject I have a word to say in all seriousness.
Think not, gentlemen of the North, that we propose to deceive
or mislead you. We of the South are earnest in what we say.
This is a question which we answer to ourselves. We hold that
these colored barbarians have been withdrawn from a country of
native barbarism, and under the benignant influence of a Christian
rule, of a Christian civilization, have been elevated, yes, elevated
to a standing and position which they could never have otherwise secured. In respect to the colored race we challenge comparison with San Domingo, with the freed regions of Jamaica,
with those who have been transferred to the coast of Africa. Ask
the travellers who have visited those distant shores to contrast the
condition of the colored people there with that of those on our
Southern plantations, and they will give you but one answerthey will say, we have redeemed and kept well our high and our
holy trust.
But this is a matter with our own consciences, not with yours.
We appeal to you to leave it where it is, to leave the colored
people where they are. Why should you undertake to interfere
with the policy of a neighboring State concerning a people about
which you know nothing?  We feel, we know that we have done
that race no wrong. Deep into the Southern heart has this feeling penetrated. For scores of years we have been laboring earnestly in our mission. In all this time we have contributed far
more to the greatness of the North than to our own. Yet all this
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REM_ARKS OF MR. SEDDON.
time we have been assailed, attacked, vilified and defamed, by
the people of the North, from the cradle to the grave, and you
have educated your children to believe us monsters of brutality,
lust and iniquity.
I tell you, that from the time the abolition societies aroused
the latent anti-slavery spirit of the North until now, nothing but
evil has come of the excitement and discussion.  It has spread a
horrid influence far and wide; it has for years distilled, and is
now distilling its poison and venom all over the land.
It was under English, yes, British, Anglo-Saxon instigation
that it first commenced. By this instigation it has been fed,
been given life, continuity and power. Think you the English
authors of this instigation had any purpose but to disrupt this
Republic?  They professed to regard slavery as an evil and a
sin. The fruits of their action were first manifested in religious
societies-first in the largest churches in New England, in the
Presbyterian or Congregational churches, next the Methodist,
then the Baptist, and finally, the venom spread so widely, its
influence separated other churches. What has the moral influence of this power done?  It has made the abstraction of our
slaves a virtue. Societies have been formed for that very purpose, inciting their members and others, by the vilest motives, to
steal our slaves, to destroy our property.
Nor have they been sufficiently modest to cloak their designs
under the veil of secrecy. These people advocated their pernicious doctrines openly in your leading cities, even within the consecrated walls of Fanueil Hall.
Openly among your people, in the very light of day, these
efforts were carried on for the destruction of your sister States.
There has not been an effort of the law nor an exertion of public
opinion to put them down.
These efforts cuhninated in the actual invasion of my own old
honored State, and your people thought they were doing GOD
service in signing a petition to our authorities for mercy to John
Brown and his ruffian invaders of our soil. And when these men
met the just reward of their crime, there was, throughout the
North, in your meetings and your public prints, expressions of
sympathy for these robbers and murderers. They were looked
upon as the victims of oppression, as martyrs to a holy and
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righteous cause. Gentlemen, consider these things, and tell me,
is there not to-day reason for suspicion; on the part of the South
for grave apprehension?
But the half is yet to be told; I have looked only at the
moral aspect of the question. Dangerous enough hitherto, it
becomes far more dangerous when it culminates on the arena of
politics, and asks, with the powerful aid of a majority, the interference and the aid of the Government.
As soon as it became the party of one idea it began to draw
to it, first the support of one, then another political party. It
went on securing the assistance of one after another until it demoralized, until it brought each to ruin. It destroyed the grand
old Whig party. Fanatic enough before, when it had brought
that party to its grave, it thrust upon the arena of politics this
question of slavery in the territories. Then for the first time it
raised the cry of "Free Soil," and brought to its support the hearts
of a majority of the people of the northern States.
The people of the North and Northwest have long been noted
for their acquisitive disposition, especially for the acquisition of
lands. This has been manifested in every form. Carried into
effect it has made them powerful, until, not long since, they
thought they might get entire dominion at no distant day.
Then arose in their hearts a desire greater than the greed of
land-the greed of office and power. They then saw that perhaps the North alone might control the national government,
and with it the South. Then, too, the great class of protected
interests at the North-always greater at the North than at the
South-joined with them. All these protected classes, whose
advantages had been diverted from other classes to which they
belonged, joined with landseekers to secure power. Inflence
after influence of this sort combined, until it produced your great
Republican party; in other words, your great Sectional party,
which has at length come to majority and power.
I do not wish to dwell upon the principles of that party, or
to discuss them; I simply assert that their principles involve all
the sentiments of abolitionism.  They may be summed up in
this: you determine to oppose the admission of slave States in
the future.
You say that the whole power of the country, the whole
96 
REMARKS OF MR. SEDDON.
power of the administration, shall be used in future for the final
extinction of slavery.
This, now, is the ruling idea of your great sectional party.
It is simply the rule of one portion of the country over another.
There is no difference between attacking slavery in the States
and keeping it out of the territories. It is only drawing a
parallel around the citadel at a more remote point.
Now, see how the South is placed. The South has forborne
as long as it can, just as long as party organization existed, and as
long as the South could keep it in existence. It was only when
we saw that the whole united Government was to be turned
against us, that we began to think of taking the subject into our
own hands.
What are we to expect now, when the power, direct and indirect, of this great Government is to be used in the most effective manner against us? A power which claims that we shall
not exercise the rights of States even, a power which seeks to
coerce Lus, when we propose to protect ourselves against this
lowering and impending danger. You of the North are descended from men who honored the scaffold for the very rights we
now seek to exercise. So are we. You would deserve to be
spurned by the maids and matrons among you, if you refused to
protect yourselves against the dangers thus drawing around you.
Can you expect less of us?
Do you tell me that this is an artificial crisis? Would seven
States have abandoned all the grand interest they possessed in a
glorious and happy Confederacy like ours, but for more serious
and vital interests, the interests of safety, security, and honor?
Think well of these things, gentlemen!
I have hastily endeavored to show you where I conceive we
of the South stand.  The feelings which I express are entertained
likewise by the border States, by all the citizens of the South, by
every householder of my State in a greater or less degree.
The State to which I refer, Virginia, is now met in solemn
convocation to consider whether she shall remain in the Union or
go out of it; and with the most earnest desire to secure to herself
a longer connection with the American Union, a Union of so much
honor and pride, and with an equally earnest desire to bring back
the wandering States of the South which have already left us, she,
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97 
REMARKS OF MR. SEDDON.
my own, my native State, comes here to ask for these guarantees.
In my deliberate judgment, the Union and the Constitution, as
they now stand, are unsafe for the people of the South, unsafe
without other guarantees which will give them actual power instead of mere paper rights. hier stake in this controversy is too
deep. In my judgment she has asked too little; I think fuller
and greater guarantees ought to be required, and that this Convention should not stand upon ceremony, but in a free and liberal spirit of concession should yield to us all that we ask.  Be
assured we shall ask none but adequate guarantees.
But I am told that Virginia is content with the Crittenden
Resolutions-I say this because I am instructed to say so-that
is, if we are to treat these resolutions, not as the principles of the
mall who offers them, but as the principles of the great party just
come into power.
Gentlemen, remember that we of the South are already stripped of one-half our sister States; our system is dislocated; the
Union is disrupted.
Hiow can you expect now to retain Virginia, to retain the
border States, when they stand in the face of such a great, such
an immense party? How can you expect Virginia to remain in
the Union without these added guarantees?
I told you I would make no appeals to your pity. If we are
not entitled to the guarantees we ask, according to the principles
of sound philosophy, of right and justice, then we do not ask them
at all.
Mr. BOUTWELL:-I have not been at all clear in my own
mind as to when, and to what extent, Massachusetts should raise
her voice in this Convention. She heard the voice of Virginia,
expressed through her resolutions in this crisis of our country's
history. Massachusetts hesitated, not because she was unwilling
to respond to the call of Virginia, but because she thought her
honor touched by the manner of that call and the circumstances
attending it. She had taken part in the election of the sixth of
November. She knew the result. It accorded well with her
wishes. She knew that the Government whose political head for
the next four years was then ehosen, was based upon a Constitu tion which she supposed still had an existence. She saw that
State after State had left that Government-seceded is the word
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98 
REMARKS OF MR. BOUTWELL.
used; had gone out from this great Confederacy, and were de fying the Constitution and the Union.
Charge after charge has been vaguely made against the North.
It is attempted here to put the North on trial.  I have listened
with grave attention to the gentleman from Virginia to-day, but
I have heard no specification of these charges. Massachusetts
hesitated I say; she has her own opinions of the Government and
the Union. I know Massachusetts; I have been into every one
of her more than three hundred towns.  I have seen and conversed with her men and her women, and I know there is not a
man within her borders who would not to-day gladly lay down
his life for the preservation of the Union.
Massachusetts has made war upon slavery wherever she had
the right to do it; but much as she abhofr the institution, she
would sacrifice every thing rather than assail it where she has not
the right to assail it.
Can it be denied, gentlemen, that we have elected a President
in a legal and constitutional way   It cannot; and yet you tell
us in tones that cannot be misunderstood, that as a precedent
condition of his inauguration we must give you these guarantees.
Massachusetts hesitated, not because her blood was not stirred,
but because she insisted that the Government and the inauguration should go on, in the same manner they would have done
had Mr. Lincoln been defeated. She felt that she was touched
in a tender point when invited here under such circumstances.
It is true, and I confess it frankly, that there are a few men
at the North who have not yielded that support to the grand
idea upon which this confederated Union stands, that they should
have done; who have been disposed to infringe upon, to attack
certain rights which the entire North, with these exceptions, accords to you. But are you of the South free fronm the like imputations? The John Brown invasion was never justified at the
North. If, in the excitement of the time, there were those to be
found who did not denounce it as gentlemen think they should,
it was because they knew it was a matter wholly outside the Constitution-that it was a crime to which Virginia would give adequate punishment.
Gentlemen, I believe, yes, I know, that the people of the
North are as true to the Government and the Union of the States
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99 
REMARKS OF MR. BOUTWELL.
now, as our fathers were when they stood shoulder to shoulder
upon the field, fighting for the principles upon which that Union
rests. If I thought the time had come when it would be fit or
proper to consider amendments to the Constitution at all, I
should believe that we would have no trouble with you except
upon this question of slavery in the territories. You cannot demand of ius at the North any thing that we will not grant, unless
it involves a sacrifice of our principles. These we shall not sacrifice-these you must not ask us to abandon. I believe further,
and I speak in all frankness, for I wish to delude no one, that if
the Constitution and the Union cannot be preserved and effectually maintained without these new guarantees for slavery, that
the Union is not worth preserving.
The people of the North have always submitted to the decisions of the proper constituted powers.  This obedience has been
unpleasant enough when they thought these powers were exercised for sectional purposes; but it has always been implicitly
yielded. I am ready, even now, to go home and say that, by the
decision of the Supreme Court, slavery exists in all the territories
of the United States. We submit to the decision and accept its
consequences. But in view of all the circumstances attending
that decision, was it quite fair-was it quite generous for the
gentleman from Maryland to say that, under it, by the adoption
of these propositions, the South was giving up every thing, the
North giving up nothing?  Does he suppose the South is yielding the point in relation to any territory, which by any probability would become slave territory?  Something more than the
decision of the Supreme Court is necessary to establish slavery
anywhere. The decision may give the right to establish it,
other influences must control the question of its actual establishment.
I am opposed, further, to any restrictions on the acquisition of
territory. They are unnecessary. The time may come when
they would be troublesome.  We may want the Canadas.  The
time may come when the Canadas may wish to unite with us.
Shall we tie up our hands so that we cannot receive them, or
make it forever your interest to oppose their annexation?  Such
a restriction would be, by the common consent of the people, dis regarded.
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REMARKS OF 3i. BOUTWELL.
There are seven States out of the Union already. They have
organized what they claim is an independent Government. They
are not to be coerced back, you say. Are the prospects very
favorable that they will return of their own accord?  But they
will annex territory.  They are already looking to Mexico.  If
left to themselves they would annex her and all her neighbors,
and we should lose our highway to the Pacific coast. They would
acquire it, and to us it would be lost forever.
The North will consider well before she consents to this-before she even permits it. Ever since 1820 we have pursued, in
this respect, a uniform policy. The North will hesitate long
before, by accepting the condition you propose, she deprives the
nation of the valuable privilege, the unquestionable right, of acquiring new territory in an honorable way.
I have tried to look upon these propositions of the majority
of the committee, as true measures of pacification. I have listened patiently to all that has been said in their favor. But I
am still unconvinced, or rather I am convinced that they will do
nothing for the Union. They will prove totally inadequate;
may, perhaps, be positively mischievous. The North, the free
States, will not adopt them-will not consent to these new endorsemnents of an institution which they do not like, which they
believe to be injurious to the best interests of the Republic; and
if they did adopt them, as they could only do by a sacrifice of
principles which you should not expect, the South would not be
satisfied; she would not fail to find pretexts for a course of action
upon which I think she has already determined. I see in these
propositions any thing but true measures of pacification.
But the North will never consent to the separation of the
States.  If the South persists in the course on which she has
entered we shall march our armies to the Gulf of Mexico, or you
will march yours to the Great Lakes.  There can be no peaceful
separation. There is one way by which war may be avoided
and the Union preserved. It is a plain and a constitutional way.
If the slave States will abandon the design, which we must infer
from the remarks of the gentleman from Virginia they have
already formed, will faithfully abide by their constitutional obligations, and remain in the Union until their rights are infaec
invaded, all will be well. But if they take the responsibility of
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REMARKS OF MR. GUTHRIE.
involving the country in a civil war; of breaking up the Government which our fathers founded and our people love, but one
course remains to those who are true to that Goverhment. They
must and will defend it at every sacrifice-if necessary, to the
sacrifice of their lives.
Mlr. GUTHRIE:-I came here with my colleagues representing a Southern State. I have had full and free communication with the people of all portions of the South, before, during,
and since the election of the sixth of November, and I state here,
that I have never dreamed that there was the slightest objection
anywhere to the inauguration of M\r. LIcoLN.  To-day is the
first time I ever heard the question raised, and yet I do not
believe that any such objection now exists.
It is said that this is not a fit time to hold such a conferencenot a suitable time to consider the questions now before us. Is
there any reason why we should not consider the rights of any
section of the country, whether a President is going out or
coming in?  As one delegate I will not consent to postpone the
action necessary to secure our rights for any such reason as this.
Now, as to this question of slavery in the Territories. It is
true that the Supreme Court has decided it in favor of the South.
It is equally true that parties have repudiated that decision both
in platforms and on the stump.
When territory has been acquired by the blood and treasure
of the common Union, you cannot exclude one portion of the
ce8stu,s que trust from its rights.  The Supreme Court so decided,
and its decision was just and equitable.
At the South, we ask for our rights under the constitqtion.
We say, let all questions which affect or concern them be decided.
The gentleman from Massachusetts says he will not give them
up, that his State will not yield. Well, if this is so, let us go to
the ballot box.  If the question is decided in the gentleman's
favor there, we know how to take care of ourselves.
The gentleman from Massachusetts does not understand this
question. He does not understand why we of the South want
it-why we must have it settled. There was a time when the
embargo law threw our slaves out of employment. The North
then contemplated a dissolution of the Union.  Why?  Because
she thought the Government wanted power-was inefficient.
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REMARKS  OF  MR.  G7UTHRIE.
Now, there is a sense of insecurity felt throughout the South.
Our property is depreciating, going down every day. We feel
this want of security very deeply, this want of faith in the
Government under which we live. The South is in agitation.
Suppose some event should in some way strike down the
value of your property at the North. Would you not wish to
have its security restored?  Would you not call for guarantees?
If you would not, you are not men. This is all we want; all we
ask for, is security. There is nothing in the territorial question
that we may not settle by a fair compromise.
The commonwealth of Virginia called this Conference in
high patriotism. I have an earnest faith in her sincerity and
her purity in doing so. She hoped to meet her sisters animated
by the same patriotism-that they would join with her in
granting the assurances, in giving the securities we need. Gentlemen, you can give us these securities-these assurances. We
shall then go home and tell our people that we can still live on
together, in security. Will it do to say that this cannot be done
before the inaguration of Mfr. LINCOLN? No! No such answer
should go to the people of any of the States-no such answer
will satisfy them. Give us the guarantees here. We will satisfy
the people of the whole nation as to the appropriateness of the
time.
There is no truth in the assertions of the gentleman from
Massachusetts. We are willing to go before the old commonwealth of Massachusetts with all her glorious memories, willing
to go before New York with her half million of voters, confident
that both will do us justice. Why stand between us and the
people? At least, let us ask their judgment upon our propositions.
We come here to confer, to propitiate, not to awaken old
troubles and differences. If there are such existing and which
must be settled, why should we not settle them here? We all
wish to bring back the seven States which have left us; we have
a common interest in them. I think they should not have
deserted us; that they should have consulted us first, and then
there would have been no necessity. If they were here, their
presence surely would not have weakened us, nor would their
presence have disturbed the North. We come not here to widen
103 
REMARKS OF MR. GUTHRIE.
our separation-to drive them further off. We come to consult
together, to give and receive justice.
I confess I am not much in favor of the second proposition of
amendment. We must regard this as a progressive country.
From four millions of people we have risen to thirty millions!
Where will we be in eighty years more?  There will be in that
time a great population in our now unsettled territory-perhaps
greater than all our present population. I thought the amendment unwise, but I consented to it, for if we would agree we
must all yield something.
And now I hope, and hope most earnestly, that without
crimination or recrimination we shall vote in good temper and in
good time, so that our proposals may in due time go before Congress and before the people.
Do not let us give up to revolution anywhere, in any section
of the Union! Do not you of the North impose upon us the
necessity of fleeing our country! God knows this same necessity
may come to you of the North, and sooner than you expect it.
If disruption-if war must come, one-half your merchants, onehalf your mechanics will become bankrupt. You are marching
that way with hasty steps. Not one man, North or South, but
must suffer if the sad conclusion comes. Our products will depreciate.  Next year not one-half the fields now whitened by the
rich growth of cotton will be cultivated if this unhappy contest
goes on.
The people of my section, the people of the South, are restless
and impatient. They are already in the way of revolution-all
these influences are leading them on. Can they remain quiet
when the fortunes of one-half of them are struck down?  Can
you at the North remain quiet under like provocations? And
yet harmony may even yet be restored. All these differences
maybe settledharmoniously.  We believe theymaybe settled now.
Mr. TUCK:-If we should agree to all your propositions, and
Congress still should not act upon them, would not these difficulties be still more complicated?
Mr. GUTHIRIE:-1o, sir! No!  We would then tell our
people that this Conference would, but Congress would not do
any thing to save the country. In such an event we would wait
for the ballot box and a new Congress.
104 
PROCEEDINGS OF THE CONFERENCE.
Mr. GOODRICHI:-Permit me one question to the gentleman from Kentucky. Would this Convention, in his opinion,
have been called by Virginia, if either Mr. DOUGLAS or Mr.
BRECKENRIDGE had been elected?
Mr. GUTHRIE:-I do not think it would have been called
in that event. Let me say, however, one thing which escaped
me. It is not a divided Democracy-not the existence of a Whig
party, but it is the union of all discordant elements combined,
which have brought the abolitionists into power, which has produced this sense of insecurity in the South. It is their combined
power which the people of the South feel, and which they wish
to guard against.
Mr. CLEVELAIND:-I feel bound to say to all here present,
that unless this debate stops now, we might as well go home. I
have pondered much upon the remark of my worthy friend from
Kentucky, that if we could not do good here, at least we ought
not to do harm. Why should we do any thing to aggravate these
unhappy circumstances? Let us not widen our dissensions; let
us do nothing to postpone or destroy the only hope we have for
the settlement of our troubles.
Let us be gentle and pleasant.  Let us love one another.  Let
us not try to find out who is the smartest or the keenest. Let us
vote soon, and without any feeling or any quarrelling.
Mr. SEDDON:-I fear from some remarks that have been
made during this discussion, that not only my motives, but the
terms in which I have expressed them, have been misapprehended. I have been untrue to every purpose of my mind, if I have
spoken with any bitterness or acrimony. I thought it was my
duty to be plain-at the same time temperate though emphatic.
I thought I had been so. Nothing is farther from my purpose
than the irritation of any section, much less of any member here.
Most assuredly I did not intend to create dissension or to give
the slightest occasion for personal feeling or recrimination.
The PRESIDENT finding it necessary to leave the Conference, now called Mr. ALEXADER to the chair.
Mr. CLEYELAND:-I did not mean to stir up anybody.
I want to settle these unhappy points of difference here. I want
to settle them to-day, now, this very hour. Suppose we do not
settle them! Does not border war follow? does not civil war
105 
REMARKS OF MR. CLEVELAND.
come?   I speak to all of you, both North and South.  What
becomes of your property in such a case?  Who wants to stake
it all on such a hazard?  We settled this question once fairly,
and, as everybody thought, finally. That was in 1850. Why
was not that settlement permitted to stand? Nothing but the
ambition that has sent so many angels down to hell could have
ever brought it up again.
It is too late to bring charges against either section nowtoo late to bring charges against individuals. The question now
before us is,-Which is thle way to lead the country out of her
present danger? We want faith and good works-these alone
will do it. If these fail, we have no hope elsewhere. I am in
favor of the propositions of amendment submitted. These we
can stand upon throughout the land. The people will adopt
them. In the name of all that is good and holy let us settle
these differences here.
Why talk about territory to be acquired hereafter?  We have
just the same title to it that the devil had to the territory he
offered our Saviour on a certain remarkable occasion-just the
same title, at all events, no better.  For Hieaven's sake, gentlemen, let us act for the good of the country! let us give to every
section its rights-to every man his rights, and let this be remnembered through all time as the Convention of Patriots which
sacrificed every selfish and personal consideration to save the
country!
Mr. GOODRICH:-I wish to make one remark to the Conference, and especially to the gentleman from Kentucky. Much
is said here about equal rights. We have always believed in that
doctrine. We believe this to be a country of equals. We went
into the last Presidential contest as equals-and as such we
elected Mr. LINCOLN. Now, when we have the right to do so,
we wish to come into power as equals-with that superiority only
which our majority gives us. When we are in power and disturb or threaten to disturb the rights of any portion of the Union,
then ask us for security, for guarantees, and if need be you shall
have both.  How would you have treated us if we had come to
you with such a request at the commencement of any Democratic
administration?
Mr. LOGAX:-I want to refer the report of the majority,
7
106 
PROCEEDINGS OF THE CONFERENCE.
and the substitute proposed by the minority, back to the committee. I believe that it is better to have action upon all these
questions at the earliest possible moment. The question now is,
not which section of the Union is suffering most-all sections are
suffering; all are feeling the influence of this agitation; all look
with fear and trembling to the future; all desire a speedy and a
peaceful conclusion of our differences. If we cannot settle them
here-if we cannot induce Congress to submit our propositions
of amendment to the people, then I pray from my heart, I hope
and believe, that our friends in every section will wait patiently
until these propositions can go before the State Legislatures and
receive proper consideration there.
The PRESIDENT here stated the proposition, to refer the
reports of the majority and the minority of the committee back
to the committee, with instructions.
Several members objected to the motion, declaring it not
in order.
The motion was thereupon withdrawn.!
The PRESIDENT:-The question recurs upon the amendment offered by the gentleman from Maryland, to insert the word
"present" before the word territories, in the first line and the
fifth line of the propositions of the amendment to the Constitution submitted by the majority of the committee.
The amendment was adopted without a count of the yeas
and nays, and the first section of the majority report, after the
adoption of the amendment, is as follows:
ARTIcLE 1.  In all the present territory of the United States, not embraced within the limits of the Cherokee treaty grant, north of a, line from
east to west on the parallel of 36~ 30' north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst it shall be under
a Territorial Government; and in all the present territory south of said line,
the status of persons owing service or labor as it now exists, shall not be
changed by law while such territory shall be under a Territorial Government;
and neither Congress nor the Territorial Government shall have power to
hinder or prevent the taking to said territory of persons held to labor or involuntary service, within the United States, according to the laws or usages
of the State from which such persons may be taken, nor to impair the rights
arising out of said relations, which shall be subject to judicial cognizance in
the Federal Courts, according to the common law; and when any territory
north or south of said line, within such boundary as Congress may prescribe,
shall contain a population required for a member of Congress, according to
107 
PROCEEDINGS OF THE CONFERENCE.
the then Federal ratio of representation, it shall, if its form of government
be republican, be admitted into the Union on an equal footing with the
original States, with or without involuntary service or labor, as the Constitution of such new State may provide.
Mr. ROMAN:-I move that when this Conference adjourn,
it adjourn to meet at seven o'clock this evening.
Mr. CHITTENDEN:-I move an adjournment of the Con
ference.
Mr. ROMAN:-Is not my motion first in order?
The PRESIDENT:-The question is on the motion of the
gentleman from Vermont.
The motion to adjourn was put and carried.
d;.
108
I 
PROCEEDINGS OF THE CONFERENCE.
TWELFTHI DAY.
WASHINGTOi, TUESDAY, -February 19th, 1861.
THE Conference was called to order by the PRESIDENT at eleven
o'clock.
The proceedings were opened with prayer.
The Journal was read by Assistant Secretary PULESTON, and,
after sundry amendments, was approved.
Mr. SUMMERS:-The Committee on Credentials have received and considered the credentials of Mr. FRANcis GRAUGER, of New
York, appointed to fill a vacancy in the delegation from that State,
occasioned by the resignation of Mr. ADDISON GARDINER. They
are satisfactory, and if no objection is made, the list of delegates
from New York will be altered accordingly.
No objection was made, and Mr GRAGER'S name was added
to the list 6f delegates from New York.
Mr. WICKLIFFE:-I ask now that the resolution limiting
the time to be occupied by each member in debate be taken up.
I have become satisfied that unless we place some restrictions, in
this respect, upon the discussions, we shall occupy much more time
than we wish to have expended in that way. The session of the
present Congress will soon terminate. Our labors will be useless,
unless we submit the result of them to Congress in time to secure
the approval of that body.  The propositions will be debated there,
and that debate must necessarily occupy time. I am sure no
gentleman wishes to defeat the main purpose of the Conference by
delay. The resolution is as follows:
Resolved, That in the discussions which may take place in this Convention
upon any question, no member shall be allowed to speak more than thirty
minutes.
Mr. DAVIS:-I move to amend the resolution by inserting
ten minutes instead of thirty minutes.
109 
PROCEEDINGS OF THE CONFERENCE.
Mr. FIELD:-Is it seriously contemplated now, after gentlemen upon one side have spoken two or three times, and at great
length-after the questions involved in the committee's reports
have been thoroughly and exhaustively discussed on the part of
the South-and when only one gentleman from the North has
been heard upon the general subject, to cut us off from all opportunity of expressing our views? Such a course will not help your
propositions.
Mr. BOUTWELL: —Massachusetts will never consent  to
this.
Mr. WICKLIFFE:-If we cannot get Massachusetts to help
us, we will help ourselves. We got along without her in the war
of 1812; we can get on without her again. The disease exists in the nation now. It is of no use, or rather it is too late to
talk about the cause, we had much better try to cure the
disease.
Mr. FIELD:-New York has not occupied the time of the
Conference for three minutes. Kentucky has been heard twice,
her representative speaking as long as he wished. I insist upon
the same right for New York. I insist upon the discussion of
these questions without restriction or limitation.
Mr. DODGE:-I wish to speak for the commercial interests
of the country. I cannot do them justice in ten minutes.
Mr. M[OREHEAD, of North Carolina:-I am very desirous
to reach an early decision, and yet I do not quite like to restrict
debate in this way. Suppose, after holding one morning session, we have another commencing at half-past seven in the
evening?
Mr. CARRUTHIERS:-We have come here for the purpose
of actingz; not to hear speeches. There is no use in talking over
these things; our minds are all made up, and talking will not
change them.  I want to make an end of these discussions.  I
move that all debate shall close at three o'clock to-day, and that
the Conference then proceed to vote upon the propositions before it.
Mr. ALLEN:-The object which brought us together I presume we shall not disagree about. We came here for the purpose of consultation over the condition of the country.   If this
is true, nothing but harm can come from these limitations upon
I
110 
REMARKS OF MR. ALLEN.
the liberty of speech. The questions before us are the most im portant that could possibly arise. Before our present Constitu tion was adopted it was discussed and examined in Convention
for more than three months. We are now practically making a
new Constitution. Though we as members differed widely when
we came here, I think progress has been made toward our ul timate agreement. I think the general effect of our discussions
is to bring us nearer together. I think our acquaintance and
our association as members lead to the same end.
The gentleman from Kentucky says that we have come here
to heal disease. I don't quite agree with him as to the disease.
I differ widely from him as to the proper method of treating it.
He seems disposed to apply a plaster to the foot, to cure a disease
in the head.  If these debates should continue for a week, the
time would not be lost, the effect would be favorable. We should
have more faith in each other, a more kindly feeling would be
produced.  Do not let us hurry.  You may force a vote to-day,
but the result will satisfy none. Such a course will give good
ground for dissatisfaction. You may even carry your propositions by a majority, but what weight will such a vote have in
Congress or with the people?
Mr. CHITTENDEN: -We who represent smaller States intend to be very modest here, but you will need our votes when
you seek to place new and important limitations upon a Constitution with which we are now satisfied. I will answer for one
State, and tell you that she will not listen to a proposition that
comes to her with a taint of suspicion about it. If you will not
allow her representatives to participate in the examination and
discussion of these propositions here, her people will reject them
without discussion, if they are ever called to act on them. She
has not occupied the time of this Conference for one minute upon
the general subject. She may not wish to do so. I submit
whether it is wise for you to cut off her right to be heard here, if
she chooses to exercise it.
Mr. RAND)OLPH:-I agree with the gentleman from Tennessee, that we came here to act and not to talk. We have had
talking enough, perhaps too much already. I have drawn up a
resolution which I think covers the whole subject, I move its
adoption. The resolution was read as follows:
ill
4 
PROCEEDINGS OF THE CONFERENCE.
Resolved, That this Convention will hold two sessions daily, viz., from ten
o'clock, A. M., to four o'clock, P. M.; and from eight to ten o'clock, P. M.; and
that no motion to adjourn prior to said hours of four and ten, P. M., shall be
in order, if objection be made; and that on Thursday next, at twelve o'clock,
noon, all debate shall cease, and the Convention proceed to vote upon the
questions or propositions before them in their order.
The PRESmENT commenced a statement of the various propositions relating to the subject now pending, when Mr. ALEXANDER
moved to lay the whole subject on the table.
The motion to lay on the table was negatived by the following vote:-ayes, 48; nays, 54.
Mr. GOODRICH:-I call for the division of the question.
The PRESIDENT:-So many motions have been made that
it is somewhat difficult to decide, by the rules of Parliamentary
law, which is in order.
I will divide the questions as follows:
1st. Will the Conference hold two sessions daily?
2d. Shall the debate be closed on Thursday at twelve o'clock?
3d. Shall each member be limited to ten minutes in the discussion?
Mr. JOHNSON, of Missouri:-I hope the questions will be
decided affirmatively.
Mr. CHASE:  It appears to me that we can arrange this
whole subject without serious difficulty.  If Mr. WICKLIFFE will
adhere to his resolution, and the other proposals are withdrawn,
we can then proceed. If any gentleman finds it necessary to
ask for an extension of his time, it will no doubt be granted to
him.  Mr. RANDOLPH'S proposition exacts too much labor.  I
think the Conference had better limit the time of each member.
I am opposed to fixing a time for terminating the discussion. It
will not be agreeable to many who may be cut off. It is contrary to the spirit of the rules we have already adopted. I hope
we shall not be compelled to vote on the questions one by one,
and I will suggest to Mr. RUDOLPHI whether it would not' be
better that his resolution should be withdrawn.
Mr. HOPPIN:-I hope the resolution will pass as it is.
We have come here to act. We are all ready to take the vote
now. The sooner we vote the better. There is every necessity
for prompt action.
112 
PROCEEDINGS OF THE CONFERENCE.
Mr. MOREHEAD:-If the proposition had emanated from
another quarter, I should feel at liberty to urge its adoption. As
it is, I would pay the highest respect to it. I regret extremely
to hear the talk about sides in this Conference, I came here to
act for the Union-the whole Union.  I recognize no sides-no
party. If any come here for a different purpose I do not wish to
act with them; they are wrong. I hope from my heart that we
can all yet live together in peace; but if we are to do so we must
act, and act speedily.
Mr. CAsE again stated his proposition.
Mr. CRISFIELD:-If I understand rightly, the question
should be on striking out the latter clause of the resolution, so
as to perfect it and make it meet the case. I make the point
and    Mr. RANDOLPH:-I think the gentleman from Maryland
is right.
Mr. ALEXANDER:-I desire to ask whether a resolution
to supersede the motion to adjourn is in order?
The PRESIDENT:-I think the question should first be
taken on the motion to strike out the last clause in the resolution.
Mr. STOCKTON:-If the Conference felt as I do, it would
at once establish such peremptory orders as would bring a speedy
termination to this whole business. Upon what, let me ask gentlemen, does the salvation of the Union depend at this moment?
What is it alone that prevents civil war now? I answer, it is the
session of this Convention-this august Convention! We stand
in the presence of an awful danger! We feel the throes of an
earthquake which threatens to bring down ruin on the whole
magnificent fabric of our Government! Is it possible that we
should suffer this ruin to take place?  Would it not impeach the
wisdom and good sense of our day and generation to permit the
edifice which our fathers constructed-to crumble to pieces?  No!
fellow countrymen, it is necessary that we, by trusting in God,
who guided our ancestors through the stormy vicissitudes of the
Revolution, should this day resolve that the Union shall be preserved!
In the execution of that resolve let us unfold a new leaf in
our national history, and write thereon words of peace. Peace
8
113 
REMAKS OF MR. STOCKTON.
or war is in our hands-an awful alternative!  Peace alone is
the object of our mission; to restore peace to a distracted country.
I have spent my whole life in the service of my country. I love
the people of every State in it. They have been under my command and I have been under theirs. I know them, and I know
that this Union can never be dissolved without a struggle. Will
you hasten the time when we shall begin to shed each other's
blood?  No! gentlemen, no!
There seems to be but one question which gives us any difficulty in adjusting. That is, about the right of the South to take
their slaves into the territories. Is it possible that we can permit this Union to be broken up because of any difference on such
a question as this?  Better that the territories were buried in
the deep sea beyond the plummet's reach, than that they should
be the cause of such a deplorable result.
But it is not the value of the territories which is in dispute;
it is not whether the North or the South shall colonize them, because, as the gentleman from New York has said, that though
the territory south of 36~ 30' had been ten years open to Southern colonization, only twenty-four slaves had been introduced
into it. No, the real question is, whether pride of opinion shall
succumb to the necessities of the crisis.
The Premier of the incoming administration has declared
that parties and platforms are subordinate to, and must disappear
in the presence of the great question of the Union. This gives
me hope.  Let him and his friends act upon that, and this Conference can in six hours, in conjunction with a committee of his
political fiiends, adjust such terms of settlement as will save the
Union.
The Roman Curtius offered himself as a sacrifice to save
Rome, when informed by the oracle that the loss of his life
would save his country. We are now in greater danger than
Rome was then; but is there no Curtius for our salvation? We
are not called upon to give up life, property, or honor, but to
concede justice and equal rights to our Southern brethren. We
only want the courage to yield extreme opinions. What power,
after victory, refuses to lower the lofty terms which were asserted
on the eve of the battle for the sake of peace? But the Republi cans say, shall we surrender the fruits of victory to the vanquish
i
114 
REMARKS OF MR. STOCKTON.
ed? I answer, how are you to enjoy your fruits without pacification? You expected to govern the whole country.  You aspired
to the control of the whole empire. Without peace you will not
succeed in establishing possession of that magnificent country
which your predecessors governed, but you will govern a little
more than half of it, and with that you have to provide for war.
It is easy to dispose of the threatening attitude of the South
by denouncing it as a rebellion-as treason. It is idle to disguise
the danger.  The revolt of a whole people, covering a territory
equal to half of Europe, is a revolution. You cannot dwarf the
movement by stigmatizing it as treason. Its magnitude and proportions make the sword, and not the law, its arbiter. Is it possible that people can be so infatuated as to contemplate the use of
the sword to conquer secession? Will you hasten the time when
we shall begin to shed each other's blood?  Coerce! force fifteen
States! Why, you cannot force New Jersey alone! Force the
South V  They won't stop to count forces-neither side can be
frightened. Don't think of it. You cannot frighten either, no
more than the hero could be frightened whom the Roman poet
has immortalized. Suppose after the expenditure of a thousand
millions you shall have stopped dismemberment and subjugated
the South, what is to become of the country then? what is to become of the army and its chiefs who have conquered?  When
the Long Parliament had murdered Charles, subdued Ireland and
Scotland, and compelled the deference of all Europe, they supposed they would enjoy the fruits of their victories. They began
to discuss the expenses of the army, and the expediency of its reduction. They had hardly commenced when Cromwell entered
Westminster'Hall and turned out the Republican party of that
day. The whole country, tired of war, crouched under the iron
heel of the Puritan soldier.  The Republican party of England
succumbed; Cromwell died; his son resigned the Protectorate,
and the Republican party of England rose to the surface and made
its last struggle for its power. General Monk and his army approached London, and Parliament with servility waited the
pleasure of the army. The army declared for the King, and the
King was restored.
When men meet to save the country, they must be prepared
to give up every thing-to give their lives if necessary. How
115
t 
REMARKS OF MR. STOCKTON.
can men stop for party platforms when their country is in danger?
But will the country consent to be dragged into civil war to maintain the Chicago Platform? It will not. That Platform was
erected upon a perishable foundation. In the language of the
New York Senator, it must "disappear."
I appeal to the brotherhood, to the fraternity of the North.
My friends, peace or war is in your hands.  You hold the keys
of peace or war. You tell us not to hasten in this matter. But
you do not realize the facts-no one does. It is said that the
South challenges and invites war. No such thing. The mad action of South Carolina does not truly represent the South. There
are disunionists South as well as North. It is the duty of
patriotic men to checkmate the disunionists of both sections. By
a proclamation of war, we shall effectually play into the hands
and gratify the disunionists of both extremes. Civil war consolidates the South as a unit for disunion. The gallant southern
men who have so nobly battled for the Union against great odds,
will then be overpowered and forced into the ranks of the defenders
of the South. While the South will thus be undivided and stand
in solid phalanx, what will be our condition here at the N orth?
Can it be supposed that the Union men of the Democracy of
of the North will stand by and see the country plunged into civil
war to maintain the Chicago Platform?  Will they acquiesce
in the demolition of this Union by these means, when it can be
preserved by peace?  No, sir I  Do you talk here about regiments for invasion, for coercion-you, gentlemen of the North?
You know better; I know better. For every regiment raised
there for coercion, there will be another raised for resistance to
coercion. If no other State will raise them, remember New Jersey. The Republican leaders of the North, with hot haste, have
worked through the Legislatures of the several States resolutions
of a belligerent character, offering the military power of those
States to the Government to subdue the South. Did the people
of the North authorize those Legislatures to make any such tenders? Would the people of the North sanction any such nefarious policy? I know well the enormous bribe with which the
Republican leaders would seduce the North into fratricidal war.
The expenditure of uncounted millions, the distribution of epaulets and military commissions for an army of half a million of
116 
RFIMARKB OF MR. STOCKTON.
men, the immense patronage involved in the letting of army contracts, the inflation of prices and the rise of property which would
follow the excessive issue of paper money, made necessary by the
lavish expenditure;-these, indeed, are the enormous bribes
which the Republican party offers.
How arrogant it is for the Republican leaders to tender the
military power of their States! Who gave them or their States
authority to raise armies?   For national purposes the whole
militia of the Union is subject to Congress.  Congress alone has
power to declare war and to call out the militia, and Congress can only call upon the militia to suplpress insurrection or
repel invasion. Pause, gentlemen! Stop where you are! You
will bring strife to your own doors, to your very hearthstonesbloody, disheartening strife. War will be in your own homes,
among your own families. Under ordinary circumstances you
would hesitate. If the question was about tariff, you would hesitate and look at the awful consequences. That there is a diversity between us is very true. What of it? It lies in a nutshell.
We can fix it in a minute, if you will be calm and act like brothers.
The only question, as I understand it, for I have thought and
studied upon it, is this: You of the North will not yield to the
South the small privilege of taking their slaves into the territories of the common Union.  You will not give them a fair chance
with you, even in the Government property-the territories.
When the territories become States they will have to take care of
themselves. You cannot theorize slave soil into free soil, nor
vice versd. Am I not right? Does the South ask any control
or power over these territories after they have become States?
No, gentlemen; the South demands no such thing. It is not demanded by her, and never will be. All I ask for the South, and
all she asks for herself, is this: Let us be free to come with our
slaves into all your territories, and hold them there until the territory is made up into States.
I have shown that if peace be not secured, the uprising of the
South would be a revolution, and cannot be treated as mere insurrection. The bravado, therefore, of offering armies to the Government, can only have the effect, at this crisis, of preventing a
peaceful adjustment. Against all such demonstrations we must
fix our faces like flint. Peace we must have. The Union can
117 
REMARKS OF MR. STOCKTON.
Only be preserved by peace. The South asks no more than the
North will concede, if the people of the North can express their sentiments. The South only asks for equal rights, and to be let
alone. For thirty years she has asked no more. The South will
soon present its cause in an authoritative shape. Their conventions
will soon declare their propositions. Let the North be prepared
to consider them in conventions representing their people fairly.
If this is done, there is no doubt the present crisis will pass without danger. Until time for these results can be taken, let warlike demonstrations be resisted. Let the Government abstain
from collision, even wfh South Carolina. Thereis asmuch of loyalty to the Union at the South as anywhere. It has only disappeared
in the presence of danger which threatened their domestic tranquillity, their safety, and their honor. Let the hostile attitude which
the North assumed at Chicago give place to the recognition of the
rights of the South, and we shall see an outburst of loyalty to the
Union throughout the entire South, like that which welcomed to
old England its constitutional sovereign after a long and bloody
civil war, forced upon the English people by the Puritans. It is
the spirit of the same fanatic intolerance which has caused our
present troubles.
Intelligent citizens should abandon platforms and stand up for
peace. Peace with all nations has been the master policy. It
has elevated our country to its present condition of power and
prosperity. Do not let us sacrifice peace, and suffer violence and
discord to usurp its reign. We have a magnificent future if we
can only preserve the Union as our fathers constructed it. While
it lasts there is a great light in the firmament in which all may
walk in security, hope, and happiness. It is a light reaching far
down the depths of futurity cheering and guiding the steps of
our children. It is a light shining to the remotest corner of the
earth-raising up the down-trodden and illuminating the homes
of the victims of oppression. But let that light be now eclipsed,
go out in blood and darkness, and the hopes of mankind are
forever blasted.
Gentlemen, will you not consider?  Shall we not settle the
question here, and not trouble the rest of the Union with it?
We will settle it fairly and squarely. It is too small a matter to
get mad about-to set about destroying the Union. Why
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REMAxKS OF MR.  STOCKTON.
quarrel over suchl a simple question? No, gentlemen, you
shall not do it. I am going to talk to you as individuals-as
men-as patriots. I know too many of you and too much about
you. You love your country too well to destroy her for such a
cause. You are too patriotic. The North will never dissolve
this Union on any such pretexts. You cannot destroy your
country for that. You love it too much. I call on you, WADsWORTH and KENG, FIELD and CuHAsE and MOIRRILL-as able men,
as brothersas good patriots-to give up every thing else if it is
necessary, to save your country. But we don't ask you to give
up any thing in the way of principles.
Now that Chicago Platiform of yours is a nice paper. It has
many good things in it. But it must not control this question.
You can keep that platform and save your country: but you
must save your country. Shall we go into war upon this little
question about the Territories.  No!  No!!
Under the most favorable circumstances possible for the experiment of self-governmnent, with every possible inducement to
preserve our country, we must not give it up. The years of civil
war which will succeed dismemberment of the Union will cause
true men to seek refuigeand security, from military despotism, in
some other country.  Some Cesar or Napoleon will spring from
the vortex of revolution and war, and with his sword cleave his
way to supreme command.  If all history is not a failure, and if
mankind are now what they have always been, such will be the
fate of free government in the United States; in the event of war.
Shall we bring such a catastrophe upon us to vindicate the
Chicago Platform?  No! the American people will rise in their
omnipotence and trample into dust the man who dared to put in
jeopardy this Union, in order to maintain such demagogism.
Away with parties and platforms and every thing else which
would obstruct the free and patriotic efforts now making for the
salvation of the Union. It shall not be destroyed. I tell you,
friends, I am going to stand right in the way. You shall not go
home; you shall never see your wives and families again, until
you have settled these matters, and saved your good old country, if I can help it. Spread aloft the banner of stripes and
stars, let the whole country rally beneath its glorious folds,
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REMARKS OF MR. GRANGER.
with no other slogan on their lips but the unanimous cry, THE
UNiON, IT MUST BE PRESERVED!
Mr. GRANGER:-New Jersey has addressed New York as
though she supposed the delegation from that State to be united
in its opinions, and its action. Let me set the gentleman himself and the Conference right on that point at the commencement.
The members composing that delegation do not agree; very far
from it. The vote of that delegation hitherto has been determined by a majority only; a majority reduced to the very
smallest point possible now, since the delegation is full. It may
be said that New York voted at the last Presidential election
against us by a majority of fifty thousand; but let me assure you
that if the noble propositions of the majority of your committee,
which I read for the first time yesterday, could be submitted to
them, the people of New York would adopt them by even a
larger majority.
These are noble propositions; they are worthy the eminent
and patriotic committee from which they have emanated. They
present a fair and equitable basis for the adjustment of our difficulties; they are a shield and a sure defence against the dangers
which threaten us. They are such as the people expect and such
as they want. They know that the politicians who have brought
the country to the verge of ruin can be trusted no longer. The
time has come when they must act for themselves. Be assured,
gentlemen, they will do so.
I wish to say a few words about the last election in New
York, for it has been widely misrepresented and misunderstood.
IHow did we go into that canvass? Upon what principles was it
conducted?  What representations were made?  I am one of
the men who have struggled to meet and oppose this Republican
party from the outset-to avert, if possible, the adoption of its
pernicious principles by the people of New York. I took my
stand upon the Compromise of 1850, and separated myself politically from all men who could not stand with me on that platform. We struggled on until that Compromise was adopted by
the Baltimore Convention.
The Kansas bill was introduced at a most fatal hour. It was
distastefiul to the whole country; satisfactory nowhere. In due
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RE  iKs OF MR. GRANGER.
time the Charleston Convention was assembled, and the Democratic party was broken up forever.
What next?  Next came the Chicago Convention.  It may
have been conducted with dignity, and it nominated a candidate.
I differ widely from that candidate in my principles and my
poliecy. And yet I believe in him although I opposed his election. I would trust his Kentucky blood to the end, if all else
failed. I think he is honest. I have no idea that he will permit
the policy of his administration to be controlled by the hotheaded zealots who have been so conspicuous in the last canvass.
I expect to see him call to his council board, cool, dispassionate,
and conservative men; not men who are driven to the verge of
insanity upon this question of slavery.
What  next?  The Baltimore Convention  was held.  The
tragedy was consummated; the contest was ended. The mere
scuffle to secure the control of the Convention which ended in
its division, has brought the country into all its present difficulties. If that Convention had presented to the people a good
conservative Democrat, there were seventy-five thousand good
old line Whigs who would have buckled on their armor and
would have won the battle for him.
When the Southern papers began to threaten disunion because
LiCOLiv did not suit the South, I was not one who abused or
denounced them. I knew the temper of some of the politicians
in the free States. I knew the action of the South was not impulsive. I knew there was a reason for it. They said their
capital was to be rendered worthless-their Property to be destroyed, and their country made desolate.  God forbid that I
should chide them for thinking so!
The Northern mind is in some respects very different from
the Southern. It is not started by slight scratches, but strike the
rowel deep, and there is a purpose in it that nothing can conquer
or restrain. The people of the North will carry that purpose
into execution, with a power as fierce as that of the maddest
chivalry of South Carolina. The rowel was struck deep and the
consequences were not considered.
Subjects have been introduced into this discussion which I
should have been glad to have avoided, which it would have
been better every way to have avoided.  The gentleman from
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REMARKS OF MR. GRANGER.
Virginia ha referred to the JOHN BROWN invasion.  That is one
of those subjects. He spoke of the feeling at the North regarding insurrections. I assure'you that the North regarded the invader in that case as a foe in your homes-uncurbed and unrestrained-a terrible enemy.  I would say to the gentleman from
Virginia, that although too many instances among extreme men
may have been found of attempts to justify that invasion, such
was not the general feeling at the North.  Those instances were
rare exceptions; and because they were so few and so exceptional,
acquired a degree of notoriety and received a degree of attention
to which they were never entitled. Such instances as these have
always served to prejudice the South improperly against the
North.  Men are too much given to forming opinions of us from
the intemperate acts of a few meddling men.
How do we stand at the present moment in this respect.
You will find a few men among us, even now, rash enough to
say, "Let these Southern slaveholders go.  The'nigger' will
rise upon them and cut their throats!"  The action of such men,
I admit, gives some color and justification to your charges and
prejudices against the whole Northern people.
I agree with you, gentlemen, that this is now a question of
peace or war. I believe it to be so from my very soul. The
North has been much to blame in bringing it upon us. What
has been the language used at the North?  Men have used such
expressions as this, "The South secede?  Why, you can't kick out
the South." And men who knew no better believed the statement
to be true. I appeal to northern men to say whether this has
not been so. I myself thought four States would go, but I believed secession would stop there. We had more to hope from
Louisiana than from any other Gulf State. She has gone, and
has now taken up a most offensive and threatening position.
Virginia to-day is in more danger of immediate secession than
Louisiana was a few short months ago.
My friend from New Jersey says that if this Convention does
not prevent it, there must be war. I agree with him. War!
what a fearful alternative to contemplate?  War is a fearful calamity at best, sometimes necessary I admit, but always terrible.
It cannot come tb this country without a fearful expenditure of
blood and treasure. It will leave us, if it leaves us a nation at
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REMARKS OF MR. GRANGER.
all, with an awful legacy of widows' tears- of the blighted hopes
of orphans-withl a catalogue of suffering, misery, and woe, too
long to be enumerated and too painful to be contemplated. For
God's sake! let such a fate be averted at any cost, fromthe country. If it comes at all, it will be such a war as the world never
saw. War is commonly, and almost universally, between nations
foreign to each other-whose individuals are strangers to each
other, and whose interests are widely separated. But we are a
nation of brothers, of a common ancestry, and bound together by
a thousand memories of the past-a thousand ties of interest and
blood.  It will be a war between brothers-between you who
come to us in summer, and we who visit you in winter. It will
be a war between those who have been connected in businessassociated in pleasures, and who have met as brothers in the halls
of legislation and the marts of commerce. Save us from such a
war! Let not the mad anger of such a people be aroused. And,
gentlemen, if war comes it must be long and terrible. You will
see both parties rise in their majesty at both ends of the line.
They will slough off every other consideration and devote themselves, with terrible energy, to the work of death.  Oh ye! who
bring such a calamity as this upon this once happy country!
Pause, gentlemen, before you do it, and think of the fearfu laccountability that awaits you in time and in eternity.
But I am here to answer for the State of New York; the
Empire State and the people of the Empire State. I have never
been classed with the rash men of that State who have aided in
bringing about this condition of things. I will not be classed
with those who now thrust themselves between the Empire State
and those glorious propositions of your committee. They are in
the smallest possible majority even in our delegation. All I ask
is, that we may have the judgment of the people upon these propositions, and I will be answerable for the rest; and these gentlemen who rely upon the fifty thousand (50,000) majority of last
November, will have a fearfuil waiting for of judgment.  Fifty
thousand majority!  Who does not know how that majority was
made up?  It was not a majority upon the question of slavery
at all.  It came in this wise:  The opposite party was divided
and distracted. The Republican party united all sorts of discordant elements; men voted for Mr. LinCOLN from a great variety
123 
REMARKS OF MR. GRANGER.
of motives. Some, because they wanted the Homestead law;
some because they wanted a change in the Tariff; and, gentlemen,
let me assure you, there were more men who voted for Mr. LiNCOLN-solely on account of the Tariff-than would have made up
this fifty thousand majority. I know the people of New York,
and I know I can answer for them when I say, Give us these fair
and noble propositions and we will accept them with an unanimity that will gratefully surprise the nation.
How does the nation stand to-day?  Look at Kansas!  She is
a State and yet in beggary. She is stretching out her hands to
us for relief. We have relieved her for the time, but she will
need more aid again. The whole country is excited and agitated.
The press, North and South, is full of misrepresentation and vituperation. Sections are arrayed against each other. Men fear to
trust each other. The very air is full of anxiety and apprehension. Such, gentlemen, is the miserable condition of the country.
The nation is in great peril. Its interests, its institutions, its
property, are all in great and common peril. Paralysis has seized upon the whole country. In vain now shall we argue about
causes. The effect is upon us. Business is stagnated. Those
who have capital do not dare to move it. But we here must do
something. Mr. LNcoLN is coming, and all along the route the
people are doing him honor. But that triumphal march is
insignificant compared with the anxiety felt throughout the country that this Convention should agree upon some plan that will
save the Government and the Union.
In one thing, under other circumstances, I would agree with
the gentleman (Mlr. BOUTWELL) from Massachusetts. Had the
border States elected their members of Congress, I would wait.
But the elections in the border States are yet to be held.  And
upon what idea?  Why, sir, upon the idea that their whole interests and their whole property are in danger. Aspiring and dangerous men will go before an excited people full of anxiety and
uncertainty for the future, and by them be elected instead of the
sound, wise, and conservative gentlemen usually selected to represent those States. Those elections would be a mad scene of aspersion and vituperation. I cannot, I will not trust them. Rather
give me in those States the glorious results of years gone by.
I say, and I am proud to declare here, that I had no associa
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REMARKS OF MR. RUeFIN.
tion with the dominant party in the old Empire State at the last
election. I struck every other name from the ticket, except those
who voted for Bell and Everett. Glorious names! which received
the triumphant endorsement of the mother of Presidents-the
grand old commonwealth of Virginia.
Sometimes I meet with men who tell me what is going to be
done. They talk of retaking forts now held by seceded States
by force, of restoring things to their former condition, as they
would about sending a vessel for a cargo of oranges to Havana.
But they forget that the next administration, like the philosopher
who would move the world with a lever, has no holding spot-no
place whereon to stand.  It is one thing to hold a fort where you
have it, but quite another thing to take it when held by the
enemy.
Who can magnify the importance of this Conference to all
the nation? It is the most important ever held in this country.
It holds the key of peace or war. The eyes of the whole people are turned hopefully upon it. By every consideration that
should move a patriot, let us agree.  Let us act for the salvation
of our common country. I came here very unexpectedly to myself. Long withdrawn from political circles, living in comparative retirement, at peace with the world and myself, I would
have preferred to remain there; but when I heard of my appoint,
ment as a delegate to this Conference, I felt it my duty to come
here and say these few things to you.
And now let me close by again assuring you, that if all you
ask of New York is the adoption of the propositions which I heard
here yesterday as the propositions of a majority of your committee, New York will do you justice.  She will answer "YEs" by
a most triumphant majority- a majority compared with which
any heretofore given will seem insignificant! I will occupy time
no farther. There is much which I would add, but this is a time
for action and not for words.
Mr. RUFFIX:-There are few members of this Conference
who attend its sessions with greater interest than myself. I presume that we have come together influenced by various considerations. There are some, I have no doubt, who do not desire the
preservation of the Union-who do not care for the safety of
the Government which our fathers founded. They may not avow
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REMARKS OF MR. RUFFIN.
their purposes, they may even conceal them under specious words,
but their purpose will be disclosed when we see them arrayed
against all projects of settlement-all measures to quiet the existing excitement. Others may think there is no necessity for any
action at all, may think so honestly. But let me assure them
they are mistaken-sadly mistaken.
Now, I do not care what motives influence others. It is of no
consequence to me what their designs or purposes may be, I have
no concealment and no deception. I came here for a purpose
which I openly and distinctly avow. I proclaim it here and
everywhere. I will labor to carry it into execution with all the
strength and ability which my advanced years and enfeebled
health have left me.  leame to maintain  and preserve this glorious Government!  I came here for Unio n  and peace!  (Applause.)
My health is such that if I could avoid it, I would not mingle
in this discussion. I would not say one word, if I did not know
perfectly well that life or death to my part of the country was involved in the action of this Conference. If gentlemen felt as
as deeply as I do, they would deprecate as I do the introduction
of party or politics into this discussion, or the slightest reference
to them. Of what importance is party, compared with the great
questions involved here? Parties or men may go up or down,
and yet our country is satfe. But such Conferences as this, in
such emergencies as the present, must act, if our country is to
be saved. Let us discard politics and party-let us be brethren
and friends.
A gentlemen asked yesterday whether the Convention would
have been called, if a Democrat had been elected President.
Certainly not. But considerations of a party character would
not have prevented it.  The true necessity that called us here, is
that a President has been elected by a large majority, and a new
and strong party is coming into power, which our people believe
entertain views and designs hostile to our institutions. Do not
understand me as charging the fact upon the new Government.
Perhaps I might say that I do not believe it myself.
But that will not answer. Our people are agitated and excited, and we have come here to tell you all, with sorrow in our
hearts, that if you will not do something to restore a confidence
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REMARKS OF MR. RAUXI.
that is shaken, we are ruined, and we must see this noble Govement go down.
We ask you for new constitutional guarantees; and what are
the propositions we make? Is there any thing in them which you
cannot grant? Is there any thing which it would be dishonorable
for you to yield? You reply to us, that you will consent to call a
convention to discuss and adjust matters. That will not do. We
must act on the existing state of facts. Seven States are already in
rebellion-in revolution! I don't care which you call it; either word
is bad enough.  Tennessee and North Carolina already form fourteen hundred miles of what is virtually a frontier. We are now
the border States; we are to be the theatre of war, if it comes.
The slave property we speak of will be in still greater peril than
it is now. Now think of these things, and tell us whether we
can wait for all this complicated machinery of a convention to be
put into operation.  At the very shortest, it will take three or
four years to accomplish any thing.
But my friend from Massachusetts says he does not wish to do
any thing at all; that the North is under duress, and her people
would despise themselves if they acted under duress.  No! no!
This is not true in any sense. We respect the people of the
North too much to attempt to drive them, or to secure what we
need by threats or intimidation.  We want the aid of the people
of Massachusetts, and we will appeal to their sense of right and
justice.
I believe that these propositions, if adopted, will not only
satisfy and quiet the loyal States of the South, but that they will
bring back the seven States which have gone out. I must be
frank and outspoken here. We cannot answer for these States.
We cannot say whether they will be satisfied. But we can even
stand their absence. We can get on without them, if you will
give us what will quiet our people, and what at the same time
will not injure you.
Gentlemen, we of North Carolina are not hostile to you;
we are your friends-brothers in a common cause-citizens of a
common country.  We are loyal to our country and to our Constitution.  We lose both of them, unless you will aid us now.
As for me, I am an old man. My heart is very full when I
look upon the present unhappy and distracted condition of our
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REMARKS  OF MR. NOYES.
affairs. I was born before the present Constitution was adopted.
May God grant that I do not outlive it.  I cannot address you
on this subject without manifesting a feeling which fills my heart.
Let me assure you, in terms as strong as I can make them,
that we cannot stand as we are; that unless you will do something for us, our people will be drawn into that mad career of open
defiance, which is now opening so widely against the Government.
All I ask of you is to let these propositions go to the peopleto submit them at once to their conventions, and not wait the action of the Legislatures of all the States. We want the popular
voice-the decision of the people, and the whole people; and if it
is to avail us at all, we must have it at once and speedily.
Mr. NOYES:-I did not design to trespass upon the time of
the Conference at this stage of the debate. But statements have
been made upon this floor to-day which I cannot permit for a
single hour to remain unanswered. I should be recreant to my
conscience, and especially to my State, if I did not answer them
here and now.
I came here for peace, prepared to do that justice to every
section of the Union which would secure peace-prepared to go
to the farthest limit which propriety and principle, and my obli
gations to the Constitution, would permit me, to satisfy oui
southern friends.  I did not wish to commit myself to any thing,
until I hai patiently seen and heard all that was to be said and
proposed. Even now I regret that this incidental discussion
upon a subject entirely collateral has arisen. How thoroughly
it shows the idleness and folly of attempting to limit, or trammel,
or hamper discussion upon the general questions which are pre
sented for our action!
Sir, I speak for New York! Not New York ofa time gone
by!  Not New York of an old fossiliferous era, remembered only
in some chapter of her ancient history, but young, breathing, living New York, as she exists to-day. Full of enterprise, patriot
ism, energy-lher living self, with her four millions of people,
among whom there is scarcely to be found a heart not beating
with loyalty to the Constitution and the Government.
In behalf of that New York, the one and only one alive now,
I propose to reply to some of the statements made here by one of
her representatives.
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REMARKS OF MR. NOYES.
In the name of the'popular voice of that State, recently uttered
in tones that I supposed any one could understand, I tell you,
gentlemen of this Convention, beware of false prophets.  T]its
day, the Scripture is fulfilled among you. [Pointing to Mr.
GR.GER.]  "A prophet is not-without honor save in his own
country, and in his own house!"
New York must stand upon this floor, and upon every other
floor, as the peer of every other State. Her representatives must
have the same rights as any other-and they must be treated
like any other. If, in her judgment, New York ought not to
give her assent to these propositions, that assent shall not be
given; it can never be secured by threats or intimidations. She
must have the same rights as any other State, certainly the same
rights as New Jersey.
Mr. STOCKTON:-I am sure the gentleman is mistaken;
I said nothing intended as a threat or an intimidation.
Mr. NOYES:-Well, let me say it once for all, New York
will yield nothing to intimidation.
Now, what is the question which has led to this most extraordinary discussion?  It is simply whether debate shall be hampered, or practically cut off, by short limitations as to time, after
one section has had an opportunity of expressing its views.
Virginia has called this Conference together. We thought
she had no right to do so, and that no possible good could come
from her doing it. But we waived all considerations of that kind,
and upon her invitation we came here.
She asks us to consider new and important amendments to the
Constitution, alterations of our fundamental law; and in the same
breath we are told that we must not discuss them-that we must
take them as they are offered to us, without change or alteration.
We take time to make treaties. We do not even enter into
private contracts without taking time for consideration and reflection. We have been here a little more than a week. The
greater part of that time has been occupied by the committee
in preparing these propositions. The discussion has scarcely
commenced. I submit to the Conference, is it kind, is it generous, is it proper to stop here?  Is it best to do so?
Mr. WICKELIFFE:-The gentleman seems to think my
resolution was aimed at the delegation from New York. That
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REMARKS OF MR. NOYES.
is not true in any sense. I did not wish t6 cut off debate at all.
I thought we might economize time and still have debate enough
to satisfy everybody.
Mr. NOYES:-I believe I perfectly understand your propo
sition.
Mr. CHASE:-I have agreed to support the resolution, and
must adhere to my agreement.
Mr. NOYES:-Personally I might be in favor of the adoption of the half-hour rule, for I think I could say all I desire to
say in relation to these propositions within that time. I have
certainly no desire that this discussion should be unreasonably
protracted. But such limitations are always embarrassing. Other
gentlemen do not wish to have them imposed. Mr. FIELD
objects to them;  and if gentlemen  really think  they need
more time, I think it ungenerous not to yield to their wishes.
And I insist that such a course is least calculated to promote
conciliation. The more free and full you make this discussion,
the more will your results find favor elsewhere.  It has been my
belief from the beginning, that by careful comparison of our
views, by a discussion of all our points of difference, we should,
in the end, come to an agreement. I had hoped that such sentiments would have universally prevailed, and that no desire would
be shown to force the action of any delegation. I am willing to
say for myself that if the thirty minute rule oe adopted I will
give way at once.
But I must proceed to notice some statements which have
been urged here as reasons why we must adopt   MIr. FIELD:-Will my colleague yield to me for one moment? I have a communication to snake which I think will
make every lover of his country in this Conference rejoice. It
is news from a slaveholding State. It shows that her heart beats
true to the Union.
Missouri has just elected delegates to a convention to consider
the questions now agitating the Country.  I hold in my hands a
telegram, stating that a very large proportion of the delegates
elected are true Union men.
The PRESIDENT:-I will assume it to be the pleasure of
the Conference that the telegram be read.
.Mr. FIELD then read the telegram announcing that Union
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REMARKS OF MR. NOYES.
delegates to the Convention in Missouri had been elected by
heavy majorities. The announcement was received with much
applause.
Mr. NOYES:-This news is indeed cheering. It is an additional evidence of the depth to which love for our country has
struck into the hearts of its people-another inducement to make
us agree-another reason why we should not be led off upon
false issues.
The Constitution has provided the only proper way in which
amendments may be made to it. If these methods are followed,'
amendments will be thoroughly discussed and considered, and
they will not be adopted unless the interests of the nation shall
be found to require their adoption.
The State of Virginia seeks to precipitate action; to secure
these vital changes in our fundamental law in a manner unknown
to it, and in a manner which, in my judgment, it is not advisable
to adopt. I make no complaint of Virginia. It is the right and
privilege of any State to make such a request, but it is none the
less unconstitutional.
Shall we be told that Virginia cannot wait, that her people
are so impatient that they will not give the country time to consider these important changes in its form of Government?  Why
should there be such indecent haste?  Why not wait a weeka month, and even six months, if that time is necessary? Be
assured, gentlemen, that no substantial alteration of the fundamental law of this Government will ever be made until it
has been discussed and considered by the Press and the people
in all its details. The thing is impossible!
I have a few words to say for New York, as I said in the
commencement-for the New York of the present day.  Where,
I ask, is the gentleman's (Mr. GRUAGER) warrant of attorney to
speak for the people of that State?  Where is the evidence upon
which he founds the assertion which he makes on this floor that
New York will adopt the propositions to which he refers?  Let
me assure you, gentlemen, that the political principles of the
people of New York do not sit thus lightly upon their consciences.
They gave a heavy republican majority at the last Presidential
election, not because they were carried away upon collateral
issues, but because the principles of the Chicago Platform met
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REMARKS OF MR. NOYES.
their approval-because they thought the time had come when
the destinies of this nation should no longer be left in the hands
of men who would use them only to promote the interests of one
section of the Union.  Do not mistake, sir, the effect of that
great demonstration! The people of New York were in earnest;
they went into the election with a strong, determined purpose,
and it is too late now to misconstrue or misunderstand that purpose.   They were not influenced by collateral issues.  Their
action was upon the great principles involved. They believed
that the platform of the Republican party embodied the true
principles upon which the Government should be conducted,
and they said so. You will find that their minds are to-day unchanged.
But the gentleman says, the result of recent elections shows
that a change in their minds has taken place; that it indicates a
strong wish on their part for conciliation and peace.  Sir, I deny
that such a change has taken place. There may have been slight
changes in a few cities where the whole power and strength of
the Democratic party has been put forth. But the country, upon
the great issues before it, is unchanged. The county of St. Lawrence has just elected every Republican candidates for supervisor. In other counties, nearly the same unanimity prevails.
The great heart of the country is still loyal and Republican.
And, sir, these threats of dissolution will all react against
you. They operated in the Presidential election only in one
way.  I have no doubt that these threats gave Mr. LINCOLN five
thousand votes in New York City alone. The people are sick of
them. They know that if they once yielded to them, they would
be forced to do so again. They do not like these insinuations
against the Government involved in the propositions made here.
If you wish them to be considered favorably by the people of
New York, you must send them out free from all suspicion of
duress or intimidation; you must permit them to be examined,
discussed, and dissected here, by the representatives of XNew
York and of every other State. I am opposed decidedly to cutting off or limiting these discussions. Let all parties be heard;
give them time, and time enough, to deliberate, and the result
will be peace and harmony to the country.
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REMARKS OF MR. RIVES.
Mlr. RIVES:-I rise for the purpose of answering some of the
observations of the gentleman from New York; and first of all
I wish to say a word about the motives and purposes of Virginia
in calling this Convention. She has called this Convention together because she believed it would exert a powerful influence
for the safety and honor of the country, and the perpetuity of its
institutions.  She is met in limine with the reproach that her
action is unconstitutional. How unconstitutional?
Is not our Government based upon the sovereignty of the
people?  Is not that the idea upon which this Government rests?
And when the people act, are they to be told that their action is
unconstitutional or improper? Cannot Virginia and her people,
acting through their representatives, suggest the means of amendment or improvement in our Constitution to Congress?-the
Congress which represents the people, and whose members are
servants only of the people?  Can she not call together a convention of this kind and suggest measures to be considered by it
for the purpose of saving an imperilled country? Virginia knew
well that this was to be an advisory Conference merely.  She invited commissioners from all the States to come here and present
their views, to compare and discuss them, to devise measures for
the benefit of the country, in the same way that any assemblage of
the people may lawfully do. Has the gentleman looked into the history of our present Constitution? Virginia did the same thing previous to the adoption of that Constitution, which she is doing now.
Some State must invite a Conference, if one is to be had.  If
it was proper that Virginia should do it before the adoption of
our present Constitution, it is eminently proper that she should
do it now. There are occasions, sir, in the history of nations,
when men should rise far above the rules of special pleading.
This is one of them. Let the gentleman look into the history of
the old articles of Confederation; let him read the debates which
arose upon their adoption. Virginia originated measures then,
far more important than any before us now; and there were gentlemen then, who took the same ground that gentlemen do now,
who sought by the use of dilatory pleas, by interposing objections,
temporary in their nature, to prevent and delay action upon the
great national questions then under consideration.  Now, in a
time of great peril, when the whole country is convulsed, when
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REMARAKS OF MR. RIVES.
the existence and perpetuity of the Government is in danger,
Virginia has invoked her sister States to come here and see
whether they cannot devise some method to avoid the danger
and save the country.
In the preamble to the first ten articles of Confederation, there
is to be found an express reference to the action of the State Legislatures in initiating proposals of amendment. Every amendment
that has hitherto been made to our Constitution originated with
the people, and directly or indirectly through the action of State
Legislatures.  What purpose can gentlemen have in interposing
these dilatory pleas, objections merely for delay, when we all
know that Congress is now waiting for-actually inviting the
action of this Conference?
Senator COLLAMER, in his speech already referred to, makes the
distinct proposition, that when any considerable portion of the
people (certainly a much smaller portion than is here represented)
desire to have amendments submitted, it is the duty of Congress
to propose them, and to do so without committing that body
either for or against them. Governor CoRwn, also of the Congressional Committee of Thirty-three, having this subject in
charge, is understood to have stated that the committee desire
to consider the propositions which may here be adopted.
Now, as I said, these dilatory objections were interposed previous to the adoption of our present Constitution.
Mr. NOYES   -Are we to understand that Virginia then asked
for a General Convention to consider amendments to the Constitution?
Mr. RIVES:- No! The Annapolis Convention met.  The
invitation under which that body was convened was addressed to
all the States. Five only responded, and they proposed a General Convention of all the States, to meet at Philadelphia. Virginia was the first to act and to appoint her delegates. I repeat,
that the same objection was then urged, that Congress or the
States should propose the amendments.  The first Convention
was just as unconstitutional as this. The two cases were perfectly alike. The crisis is infinitely more important now than it
was then. Then, there was no disintegration of the States. They
still held firmly together. How are we now? Seven States are
out of the Union.  The Tnion is dissolved!  Virginia loves the
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REMARKS OF MR. RIVES.
Union. She cherishes all its glorious memories. She is proud
of its history and of her own connection with it. But Virginia
has no apprehension as to her future destiny. She can live in
the Uniion or out of it. She can stand in her own strength and
power if necessary. Her delegates come here in no spirit of supplication, nor do they propose to offer any intimidation. She has
called you here as brothers, as friends, as patriots. If the future
has suffering in store for Virginia, be assured all her sister States
must suffer equally.
Mr. PPRESIDENT, the position of Virginia must be understood
and appreciated. She is just now the neutral ground between
two embattled legions, between two angry, excited, and hostile
portions of the Union.  To expect that her people are not to participate in the excitement by which they are surrounded; to expect that they should not share in the apprehensions which pervade the country; to expect that they should not begin to look
after the safety of their interests and their institutions, were to
expect something superhuman. Something must be done to save
the country, to allay these apprehensions, to restore a broken
confidence. Virginia steps in to arrest the progress of the country on its road to ruin. She steps in to save the country. I am
here in part to represent her.  I utter no menace; intimidation
would be unworthy of Virginia, but if I perform my duty I must
speak freely. The danger is imminent, very imminent.
Our national affairs cannot longer remain in their present condition; it is impossible, absolutely impossible that they should.  My
Republican friends, will you not take warning? Were there not
pretended prophets of old, who cried, " Peace! Peace! when there
was no peace"? Political prophets to-day say there is no danger.  Hiave their c(nsels been wise heretofore?  Can you not
see that there is danger, and imminent danger in them. now?
Look, sir, at our position!  I mean the position of the loyal
South. By the secession of these States we are reduced to an utterly helpless minority; a minority of seven or eight States to
stand in your national councils against an united North!  It is
not in the nature of the Anglo-Saxon race thus to stand in the
face of a dominant and opposition party. Were the case reversed,
you would not do it yourselves. We cannot hold our rights by
mere sufferance, and we will not; we do not ask you to hold yours
135 
REMARKS OF MR. RIVES.
in that way. If the other States had kept on with us-had remained in the Union-we might have secured our rights in a fair
contest. Now other paths are open to us, and one of these we
must follow.
I desire to say a word in answer to the propositions of my
honorable friend from Connecticut.  What did he tell us?  He
said that this was a self-sustaining Government; a Government
thatpossessedthepowerof securing its own perpetuity, and onethat
must not yield or make concessions. Sir, let me say that ideas,
that principles, that statements of that kind have led to the downfall of every Government on earth which has ever fallen. What
but ideas and language of this kind, forced our colonies into rebellion, and lost America to the British crown?
Sir, I have had some experience in revolutions in another hemisphere-in revolutions produced by the same causes that are now
operating among us. What causes but these led to the two revolutions in France? One of them I saw myself, where interest was arrayed against interest, friend against friend, brother against brother.
I have seen the pavements of Paris covered, and her gutters running
with fraternal blood! God forbid that I should see this horrid
picture repeated in my own country; and yet it will be, sir, if we
listen to the counsels urged here!
It is too late to theorize, too late to differ theoretically. I do
not believe in the constitutional right of secession. I proclaimed
that, thirty years ago in Congress. I have always adhered to my
opinions since.  But we are notnow discussing theories  we are in
the presence of a great fact. The South is in danger; her institutions
are in danger. If other excuses were necessary, she might justify her
action in the eyes of the world upon the ground of self-defence alone.
I condemn the secession of States. I ar not here to justify
it. I detest it. But the great fact is stil before us. Seven
States have gone out from among us, and a President is actually
inaugurated to govern the new Confederation.
With this fact the n'ation must deal. Right or wrong, it exists. The country is divided. Wide dissensions exist. A people
have separated from another people. Force will never bring them
together. Coercion is not a word to be used in this connection.
There must be negotiation. Virginia presents herself as a mediator to bring back those who have left us.
136
s 
REMARKS OF MR. RIVES.
The border States are not in revolt; and by border States I
mean States on both sides of the border. They are here, and
they came here to unite with you in measures that will reunite
the country, and save it from irredeemable ruin.
There was one observation of the gentleman from Massachusetts that surprised me. He complained of Virginia for thrusting
herself between the Republican party and its victory. It is not so.
Mr. BOUTWELL  -I said that Massachusetts thought her
action had that appearance. 
Mr. RIVES:-Let me say to you, Republican gentlemen, we
wish to make your victory worthy of you. We wish to inaugurate your power and your administration over the whole Union.
We wish to give you a nation worth governing. Do us at least
the justice of supposing we are iii earnest in this. We are laboring to relieve you from the difficulties that hang over you. War
is impending. Do you wish to govern a country convulsed by
civil war? The country is divided. Do you wish to govern a
fraction of the country?  Behold the difficulties that you must
encounter. You cannot carry on your Government without
money. Where is the capitalist who will advance you money
under existing circumstances?
Gentlemen, believe me, as one who has given no small amount
of time and careful reflection to this subject, when I tell you
that you cannot coerce sovereign States. It is impossible.
Mr. XAMILTON'S great foresight made him assert that our strength
lay in the Government of the States-of the undivided States.
Look at New York. She herself is a match for the whole army
of the United States. Look at the South. She stands now almost upon an equality with you. You may spend millions of
treasure, you may shed oceans of blood, but you cannot conquer any five or seven States of this Union. The proposition is
an utter absurdity. You must find some other way to deal with
them. In the wisdom of the country some other way must be
found.
Several gentlemen have referred to our army and our navy.
As a citizen of the United States, I am proud of both. I am
proud of the country they serve. I have enjoyed at times her
honors, at others endured her chastisements. I respect the power
137 
REMARKS OF MR. RIVES.
which our army and our navy give to our nation, but our army
and navy are impotent in such a crisis as this.
Mr. PRESIDENT  even England herself has been shaken to her
centre by rebellions in her North with which she has been forced
to contend. In Paris, too, I have myself seen. regiment after reg,iment throw down their arms and rush into the arms of the pew
pie, of their fellow-citizens, and thus oppose, by military strength,
the government under which their organization was formed. Will
you repeat such occurrences here? Will you' destroy the imperishable renown of this nation'?  [No!  I answer for you all
-you will not. Now, we, representatives of the South and of
Virginia, ask of this Convention, the only body under heaven
that can do it, to interpose and save us from a repetition of the
scenes of blood which some of us have witnessed.
Our patriotic committee have labored for two weeks-have
labored earnestly and zealously.  Their report, though not satisfactory to Virginia in all respects, will yet receive her sanction,
and the sanction of the border States. The representatives of
Virginia know they are yielding much, when they tell you that
they will support these propositions.  We will do it because they
will give peace to the country. Now, sir, when we are just in
sight of land, when we are just entering a safe harbor, shall we
turn about and circumnavigate the ocean to find an unknown
shore?  No, sir! no! Let us enter the harbor of safety now
opened before us.
Mr. PRESIDENT, I know Massachusetts well. She is a powerfill Commonwealth. She has added largely to the wealth, the
power, and glory of this Union.  I respect the gentleman who
has addressed this Convention in her behalf; but when he went
out of his way and stated that he abhorred slavery, the statement
grated harshly on my ears. We of the South, we of Virginia,
may not and do not like many of the institutions of Massachusetts, but we cannot and we will not say that we abhor them.
Let me recall to the gentleman from Massachusetts who has
addressed us, a fact from history. Let me show him that his
own State was powerful in colonial times in extending the time
for the importation of slaves!  Let me tell him that his State
has helped to fasten the institution of slavery upon a portion of
this nation.  Is it for a son of Massachusetts now to complain of
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REMARKS OF MR. RIVES.
the result of the acts of his own State? Is it for him to use these
reproaches, which, if not ungrateful, are at least wanting in charity?  It was a representative of Massachusetts, Mr. GORIAM,I
through whose motion and influence the time for the importation
of slaves was extended in that period of our colonial history.
Virginia ever, in every period of her colonial existence, exerted
herself to close her ports against the importation of slaves. It
was the veto of her Royal MIaster alone that rendered her efforts
nugatory. It was New England that fastened this institution
upon us. Shall she reproach us for its existence now?
Mr. BALDWIN:At the time of the adoption of our present Constitution, it was well understood that Georgia and South
Carolina would not enter the Union without slavery. The only
question then was, should slavery have an existence inside the
Union or out of it.
Mr. RIVES:-No, sir!  The gentleman is mistaken.  In
the Constitution, as first proposed to the Convention, an unlimited right was given to import slaves. Mr. ELLSWORTHii declared
that it would be an infraction of State rig/ts to prohibit this importation.  New England, engaged in commerce, found an advantage in the right of importation, and she endeavored to force
it upon the South.
I regard the present course of New England as very unfair.
She is herself responsible for the existence of slavery-she is
now our fiercest opponent; and yet New Jersey and Pennsylvania, who have not this responsibility, have always stood by the
South, and I believe they always will.
It is not by abhorring slavery that you can put an end to the
institution.  You must let it alone.  We  are responsible for it
now, and we are willing to stand responsible for it before the
world.  We understand the stublject better than you do.  It has
occupied the attention of the wisest men of our time. In fact, it
is not a question of slavery at all. It is a question of race. We
know that the very best position for the African race to occupy
is one of unmitigated legal subjection. We have the negroes
with us; you have not. We must deal with them as our experience and wisdom dictate; with that you have nothing to do.
The gentleman from Massachusetts may congratulate himself that
there are no negroes in that Commonwealth. I ask him what he
139 
REMARKS OF MR. RIVES.
would do, if he had the race to deal with in Massachusetts as we
have it in Virginia?
I said, twenty years ago, in the Senate of the United States
and my whole experience since having confirmed the truth of the
statement I repeat it now, that candid minds cannot differ upon
this proposition, that the present position of the negroes of the
United States is the best one they could occupy, both for the superior and inferior race.
And to the people of New England I have this to say: Your
ancestors were most powerful and influential in fastening slavery
upon us. You are the very last who ought to reproach us for its
existence now. We do not indulge reproaches toward you. It
is unpleasant for us to receive them from you. Their use by
either can only serve to widen the unhappy differences existing
between us. Let us all drop them, and, so far as we can, let us
close up every avenue through which dissensions may come. We
call upon you to make no sacrifices for us. It will cost you nothing to yield what we ask. Say, and let it be said in'the Constitution, that you will not interfere with slavery in the District, or
in the States, or in the Territories.  Permit the free transit of our
slaves from one State to another, and in the language of the
patriarch, "let there be peace between you and me."
Let us all agree that there shall be landmarks between us; the
same which our fathers erected. Let us say that they shall never
be removed. I think upon this point I can cite an authority that
will command universal respect.  I discovered it in my researches
into the history of the very Constitution we are now considering.
Mr. RIvEs here read an extract from a letter written by Mr.
MADISON after his retirement from public life.  I have not a copy
of this letter, but the substance of the portion read by Mr. RIVES
was a statement by Mr. MADISON, that upon the passage of the
Missouri Compromise, President MONROE was much embarrassed
with the question of the constitutionality of  the prohibition
clause; that he took counsel with Mr. MARTIN, who declared
that, in his judgment, Congress had no power over the subject
of slavery in the territories.
Mr. JAMES:-Will you leave that question just where the
Constitution leaves it, upon your construction of that instrument?
140 
REMARKS OF MR. RIVES.
If so, we will agree to give you all necessary guarantees against
interference.
Mr. RIVES::-No! I will not leave it there, for it would always remain a question of construction. I prefer to put the prohibition into the Constitution.
The gentleman from Massachusetts speaks for the North.
Massachusetts does not constitute the North.  I venerate the
Commonwealth of Massachusetts.  I have many friends there.
I look with pride upon her connection with the Revolution;
upon her public men, her manufactures, her public institutions.
Hier people who have accomplished so much, will not turn a deaf
ear to our wants now. We wish to go to her people and obtain
their judgment upon our propositions.   But Massachusetts is
not all the North. Rhode Island constitutes a part of it. She
has always spoken for us. She will speak for us to-day. What
does New Jersey say?  What does the great State of Pennsylvania and the greater Northwest say?  Siuely they do not echo
the sentiments of the gentleman from Massachusetts.  They are
with us, and we will trust to them.
I dislike this way of answering for sections of the country. I
have heard similar language from Mr. CALUOUN. He was fond
of saying, "The South says-The South thinks-The South will
do," this or that. I did not like it then. It stirred up all the
rebellious sentiments of my nature; for I knew the statement
was not true. I do not like such language better now. Let the
people of Massachusetts speak. I know they will not refuse to
fulfil the compact of their fathers.
We are brothers. I feel we can settle this important question
which portends over us like an eclipse; we can leave this glorious
country to our posterity. Once more let me refer to the noble
and eloquent counsels of MADISON, and I am done.  As children
of the same family, as fellow-citizens of a great, glorious, and
proud Republic, he invoked the kindred blood of our people to
consecrate our common Union, and to banish forever the thought
of our becoming aliens.
Mr. EWING:-I have never in any manner countenanced
the discussions of slavery and the questions connected with it, at
the North. I have always, so far as possible, discouraged those
discussions. No good can possibly come from them. Is the
141 
REMARKS OF MR. EWING.
North the censor mnorum of the South?  We have faults enough
ourselves; let us consider and try to correct them, before we in terest ourselves so much in those of our neighbors.
If'there was any danger that slavery would be extended at
the North, I would oppose its extension there, and I would teach
my sons to oppose it. But this danger has never existed. Does
any one fear that slavery will go into New York or Massachusetts?  No sane man thinks or ever thought so.
But it exists, and we must deal with it as it is. As one
northern man, I do not want the negroes distributed throughout
the North. We have got enough of them now. I have watched
the operation of this emigration of slaves to the North. Ten
negroes will commit more petty thefts than one thousand white
men. We cannot permit them to come into Ohio. Wherever
they have been permitted to come. it has almost cost us a rebellion. Before we begin to preach abolition I think we had better
see what is to be done with the negroes.
Thirty years ago the subject of abolishing slavery was agi.tated in Virginia. Some of the most eloquent speeches were
made in favor of the abolition movement that I ever read. The
act providing for gradual abolition, was, I believe, lost by a single
vote. I thought then that the result was an unfortunate one.
But there is something to be said on both sides of the question.
Had the act passed, the negroes would have been sent South, and
we should have had plantation slavery, instead of the humane
form which now exists in Virginia. But Virginia would have
had one great, one powerful advantage. Her power would have
increased tenfold. Free labor would have come in to take the
place of slave labor, and the banks of the Potomac and the James
would have blossomed as the rose.
The North has taken the business of abolition into its own
hands, and from the day she did so, we hear no more of abolition
in Virginia. This was but the natural effect of the cause. Now,
we can never coerce the Southern States into abolitionism. It is
not the way to convert them to our views by saying that we abhor
their institutions. But these northern men will not listen to
reason. They keep on making eloquent speeches-their pulpits
thunder against the sin of slaveholding. All grades of speech
and thought are made use of, and the sickening sentimentalism
142 
REMARKS OF MR. EWING.
of some of them is disgusting. They repeat poetry. They
say:
"I would not have a slave to till my ground,
To watch me when I wake-to fan me when I sleep;"
and much more of the same stuff!
In this way false ideas are inculcated throughout the North.
The whole scheme is full of falsehood. It would be far better for
each man to look for the beam in his own eyes before he troubles
himself about the mote in his neighbor's.
England, also, has been very fierce in denouncing slavery in
this country, and yet we have no slavery or misery to be com pared with that existing in the India provinces.  It is said that
in a single season two hundred thousand of her subjects were
starved to death in one province of Hindostan.
I might say the same thing almost of Ireland. Two millions
have died there from famine, and God knows how many more
would have perished but for the relief sent from this country. I
say, and I have abundant reason for saying, that I never have,
and I never will, favor any of these denunciations of southern
slaveholders and slavery.
Let us rather look at this subject as members of a common
family- let us acknowledge our mutual faults. The slave trade
was once fostered by the North. That was when it was profitable, and when large fortunes were made in that trade by northern men. When it became unprofitable the North began to denounce it, and to call it sinful. Now, we fastened this institution upon the South, cannot we permit her to deal with it as she
chooses?
I do not say that there is a necessary conflict between the
white and the black races, but I assert that they cannot unitethat they cannot occupy the same country upon an equality. Our
free laborers of the North will not work with slaves or with blacks.
I have had experience in this matter, and I know I am right.
The only way we can do, is to divide the common territorydivide it fairly, honestly.
Suppose there were two sons who succeeded to a joint inheritance of lands.  One says to the other, "Your family is not
so moral as mine, therefore your sons shall have none of the
lands." Would this be right or honest? Would any one attempt
143 
REMARKS OF MR. EWING.
to justify it?  And yet this is what extreme men of the North
are practically saying to the citizens of the South.
The Missouri Compromise was intended to settle the rights
of the respective sections in the territories. The line adopted
was not unfair to the North. The same line will answer now.
I am for adopting it and arranging this difficult subject finally.
But one and another says, " Don't let us extend slavery." To
that I answer, that our action will not make one slave more or
less. There is no question of humanity involved in our propositions. I cannot see what question is involved so far as the North
is concerned. We need no more territory. We do not want
New Mexico. We have territory enough now for one hundred
and fifty millions of people, and enough for the expansion of our
people for one hundred and fifty years.
If gentlemen are found here who wish to make trouble, who
cannot see the peril we are in, and how easily we can avoid the
danger which threatens us, I shall be much pained, but not
half so much as I shall be, to see this Union broken up and the
Government destroyed.
I was surprised to hear the assertion of the gentleman from
Connecticut, that this was an unconstitutional assembly. I hear
to-day the statement made that it is a revolutionary assembly.
If these assertions were true I would not be a member of it for
one moment.  If revolutionary, it is either treasonable or seditious. But it is neither. These gentlemen forget the constitutional right of petition. We have the right to meet here. We
have the right to do just what we are proposing to do, and the
right is to be found in the Constitution.
I am surprised, too, at the assertion, that there is a wish here to
limit or cut off debate-that this resolution would cut off New
York. Would it not cut off Ohio? I have no intention of depriving any gentleman or any State of any right. I do not believe such an intention exists in the Conference.
Mr. MORRILL:-In my judgment many subjects have been
considered here, and many things said to the North especially,
that are superfluous, and much more that is useless. I have
listened to the gentleman from Ohio and to some gentlemen who
have preceded him.  They have all referred, in terms which I do
144 
REMARKS OF M. MORREIL.
not choose to characterize, to the action and the opinions of the
North.
The gentleman from Ohio refers in strong terms to what he
calls the sentimentalism of the North.  HIe has recited poetry
which he says is popular there.
Now, once for all, let me ask those gentlemen who are proposing various methods of settling our differences; Do you propose to make war upon the sentiments, the pr3inciples of the
North?  If you do, we may as well drop the discussion here.
Our people, and we, their representatives, cannot meet you upon
that ground. Our principles cannot be interfered with; we carry
them with us always. Our consciences approve them. We can
negotiate with you, and treat with you upon subjects which do
not involve their sacrifice. If it is your purpose to attack them,
you may abandon all other purposes so far as this body is concerned. The people of the North will never sacrifice their principles. It is useless for you to ask them to do so. It is entirely
useless for you to urge war upon the sentiments or opinions of
the North.
Again; let me tell you there is no disloyalty in the free
States. The word dissolution has not been thought of there
during the last half century. In all your discussions, in all your
action, remember that we are loyal to the Constitution and the
Union.
Strong appeals are made here to the free States. You call
them by the general name of the Northern States. Gentlemen
undertake to pledge different sections to this or that policy. We
are told that New York-that M3assachusetts-that Pennsylvania
will adopt or will not adopt various propositions that are made
here.
Sir, in my judgment all such questions are unworthy of our
consideration. We spend time to little purpose upon them. The
true question here is, "What will Virginia do? How does Virginia stand? " She to-day holds the keys of peace or war. She
stands in the gateway threatening the progress of the Government in its attempts to assert its legal authority. Evade it as you
may-cover it as you will the true question is, "What will
Virginia do? She undertakes to dictate the terms upon which
the Union is to be preserved. What will satisfy her?
10
145 
REMARKS OF MR. MORRILL.
Mr. CLAY:-IIas not Virginia spoken? Has she not already
told us what she wants?
Mr. MORRILL:-I am coming to that point very soon.  I
assert again that Virginia must not be misunderstood in this
matter.  
The peril of the time is Secession.  Six States are already in
revolution. A distinct confederacy, a new government, has been
organized within the limits of the United States.
Does Virginia to-day, frown upon this atrocious proceeding?
No! so far from that she affirms that these States have a right to do
what they have done. She boasts that she has armed her people,
that she has raised five millions of money, ahd that she will use
both to prevent the interference of the National Government with
these States, now in revolution. Whether her course will conciliate the free States-whether under such circumstances the
free States will negotiate with Virginia or others in her position,
I leave for others to consider.  It is my opinion that the people
of this country will first of all demand the  recognition  of the su
premacy of the Government.
Mr. RUFFIN:-No! I do not understand such to be the
position of Virginia. She appeals to both sides to refrain from
violence while these negotiations are pending.
Mr. SEDDON:-No!   A little farther than that.  Virginia
will ot~permit coercion. She has plainly declared she will not.
But in the very highest spirit of patriotism, she has asked for
this Convention, and she proposes to exhaust the very last means
of restoring peace to the Union. This is exactly her position.
She hopes, and I hope, that this Convention will interpose to preserve the peace and to save this country from war.
Mr. MORRILL:-I thought I did not misunderstand the
position of Virginia. She is armed to the teeth, and she now
proposes to step in between the Government and the States.  I
understand her attitude. It is an attitude of menace. It gives
aid and comfort to those who trample upon the laws and defy
the authority of this Government.
No action of the Conference can be consummated for months:
I might almost say for years. Any propositions we may make
must go to the people. They must and will take time for consideration. Endeavor to force their action and you will secure
146 
REMARK  OF IMR. MORRILL.
the rejection of the terms proposed. While the people are acting
you will have a Government and it must operate. It must oper ate not upon a section only, but upon the whole country. During
this time, does Virginia propose to maintain the position she has
assumed? To prevent by force of arms the execution of the
laws of the Union in the seceded States? Yes, and we are told
that her position is one exhibiting the highest patriotism.  In my
judgment her position is one of menace, and not of pacification.
If I rightly understand her, nothing that is here proposed to be
done will satisfy her even if adopted.
And now I wish to ask the gentleman from Virginia (Mr.
SEDDoN) a plain question, and I wish to receive a frank answer.
If this Conference agrees to the amendments proposed by the
majority of the committee, will Virginia sustain the Government and maintain its integrity, while the people are considering
and acting on the new proposals of amendment to the Constitution? If she will not do this, if this proposition does not meet
the heart of Virginia, there is no use   Mr. SEDDON:-l can let Virginia speak for herself.  She
has spoken for herself in most emphatic language. She has told
you what will satisfy her in the resolutions under which this body
is convened. I have no right whatever to suppose that she will
accept less. She is solemnly pledged to resist coercion. She will
resist it to the very last extremity. She arrived at that conclusion after grave deliberation, and it was attended with every
manifestation of concurrence on the part of the people. I have
no reason to suppose there was any hesitation at the time, or that
there has been any change since, or that there is any hesitation
in her purpose now.
Now, if the gentleman wants my private opinion, I will tell
him that whether the propositions of the majority of the committee or her own be adopted here, or by the people, the purpose of
Virginia to resist coercion is unchanged and unchayeable.
Mr. IIITCIICOCK:-I rise to a point of order.  It appears
to me that this discussion is very foreign to the subject before
the Conference.  It is so long since that subject has been named,
that many have doubtless forgotten it. The question is upon the
adoption of the resolution limiting the debate. I think we had
better keep to the question.
147 
REMARKS OF MR. MORRILL.
The PRESIDENT:-The gentleman is undoubtedly correct
in his statement of the question, but the discussion of the general
subject has been permitted to go on without objection by the
Convention, and I do not think it would be right to stop it now.
Mr. SEDDON:-I said the position of Virginia was unchanged. She considers this a Government of love and not of
force.  She thinks there should be no force or coercion used toward any sovereign State acting in its collective capacity. She
does not propose to permit such coercion to be used.
And now, having answered the gentleman frankly, as he desired, I wish to ask him a question, and I wish also an explicit
and frank answer. My question is this: Is it the purpose or is
it the policy of the incoming administration to attempt to execute
the laws of the United States in the seceded States by an armed
force? The answer to this question involves information of the
utmost importance to my State and others whose interests are
involved with hers.  It should be at once communicated, and
especially to my part of the country. I now ask the gentleman,
if he knows what the purpose of the incoming administration is
in this respect, to state it here, and now. His relations to some
of the officers elected will entitle his opinions to grave consideration. I invite a full and frank answer to my question.
Mr. MORRILL:-There is a point in the gentleman's answer
which may as well be met, but I will not be diverted from the
question I was discussing. I will show him in a moment why
I cannot answer his inquiry from any personal knowledge of my
own.
Sir, I was endeavoring to ascertain what was the present
position of Virginia; to find out what she would accept and be
contented. I wanted her to speak emphatically. She has done
so. I now understand from Mr. SEDDON, that he has no assurances to give that Virginia will accept the propositions of the
committee, and that while any propositions are pending she will
resist the enforcement of the laws in the seceded States.
Then let it be understood that Virginia kas spoken. That
she makes the Crittenden resolutions her ultmnatum, that she
must have them and all of them, that nothing less will satisfy
her, As I said at the beginning of my remarks, it is idle for us
148 
REMARKS OF MR. MORRILL.
to stay here, useless for us to discuss the various propositions
which are made here, unless we expect to satisfy Virginia.
It i stimportant for us to understand her position. I do not
under-estimate her influence. When the propositions of this
Conference are presented to the people of the free States, the
first question they will ask is, "Will Virginia adopt them? Will
she be satisfied with theme?" If she will not, there will be no
action upon them. If she will, her position will exercise a powerful influence upon the people of the North in favor of their adoption.
But if Virginia puts her ancient Commonwealth across the
path of the Government, if she stands between the administration and the enforcement of the laws, the execution of its official
duty, its positive obligations-if this is the manner in which she
proposes to mediate, her mediation will be accepted nowhere.
Such I understand to be the position she assumes. It is a position of menace.
Mr. STOCKTON:-If the gentleman from Maine wants to
get up a row, we are ready for him. He shall have enough of
it right here! I should like to know why he makes such charges
against Virginia? They are unfounded; we don't wish to hear
them.
(There was at this point considerable confusion in the Conference, which was promptly suppressed by the PREsIDENT.)
Mr. MiORRILL:-Gentlemen need not be disturbed or excited. I have accomplished my object. I know now what to
expect from Virginia; the North will know what the course of
Virginia is to be, and we can all act understandingly. I do not
propose to waste valuable time in idle discussions in this hall,
when we can come to the true point at once. I do not propose
to talk around this question, nor to deceive or mislead the Conference. Other gentlemen may think differently, but I now understand Virginia to say, that the Federal authority shall not be
reestablished by the ordinary means, (where it is resisted) in certain of the States comprised in the Federal Union.
I will now answer the question of the gentleman from Virginia, in relation to the proposed policy of the incoming administration.  I have no personal knowledge upon this subject.  Mr.
LNcoLN I never saw in my life. I know nothing of his opinions,
149 
PROCEEDINGS OF THE CONFERENCE.
except from his speeches; but I will say, that if he and his administration do not use every means which the Constitution has
given them to assert the authority of the Government in all the
States-to preserve the Union, and the Union in all its integrity,
the people will be disappointed. I have felt and now feel the
importance of the action of Virginia, and I have done what I
could to learn here what we may expect from her.
In conclusion, let me say, that unless we can have the earnest
concurrence of the slave States in whatever we do, and especially
unless we have the heart of Virginia with us, our action will give
no peace to the country.
Mr. ZOLLICOFFER moved that the Conference adjourn.  The
motion was lost by a viva voce vote.
Mr. BROWNE:-I think we have debated these matters long
enough. Let us come back to the question before us. Personally I am in favor of limiting debate to the shortest time, for I
feel the necessity for prompt action. I think if Mr. RANDOLPH
would strike out the latter clause of his resolution, requiring the
final vote to be taken on Thursday next, we should have no difficulty in agreeing to it.  Its adoption in its present form might
cut off some delegation or some gentlemen from speaking at all.
I would not do this. Let every one speak, but let the speeches
be short. I move to strike out the last clause of the resolution.
Mr. WICKLIFFE:-I did not expect to raise such a storm
by introducing this resolution. I now ask to withdraw it and
stop the debate.
Mr. MOREHEAD, of North Carolina:-The gentleman cannot do that, as several motions are involved. I object to his proposal to withdraw the resolution.  I move to lay the whole sub
ject on the table, and to make it the special order for ten o'clock
to-morrow.
The motion of Mr. MOREHEAD was carried.
Mr. SUMMERS:-I move that when the present session of
the Conference adjourn, its next meeting be at seven o'clock this
evening.
A MEMBER:-Say eight o'clock.
Mr. SUMMERS:  Well, then, let it be eight o'clock.  But
let me ask you, gentlemen, not to protract or unnecessarily de lay our action here.
150 
REMARKS OF MR. SUMMERS.
Mr. PRESIDENT, my heart is full! I cannot approach the great
issues with which we are dealing with becoming coolness and de liberation!  Sir, I love this Union.  The man does not live who
entertains a higher respect for this Government than I do.  I
know its history-I know how it was established. There is not
an incident in its history that is not precious to me. I do not
wish to survive its dissolution.  My hand or voice was never
raised against it. They never will be. The Union is as dear to
me as to any living man; and it would be pleasant, indeed, if my
mind to-day could be as free from fear and anxiety about it, as
the minds of other gentlemen appear to be.  But, Sir, I cannot
shut my eyes to events which are daily transpiring among a people who are excited and anxious, who are apprehensive that their
rights are in danger-who are solicitous for-who will do as much
to preserve their rights as any people. They must be calmed and
quieted. It is useless now to tell them they have no cause for
fear. They are looking to this Conference. This Conference
must act. If it does not, I almost fear to contemplate the prospect that will open before us.
Sir! this Conference has now been in session fifteen days.
While I have felt reluctant to do any thing which should have
the appearance of precipitating our action, of cutting off or limiting debate, I have all the time been pressed with this conviction;
that if we are to save this country we must act speedily. I have
been in constant communication with the people of Virginia since
I have been here. I know that this feeling of apprehension
which existed when I came away, has been constantly increasing
in my State since; and even last night I received letters from
members of the Convention now in session in Richmond; gentlemen who are as true to this Union as the needle to the pole, informing me that every hour of de7lay in this Conference was an
hour of danger.
I do not agree with some of my colleagues in their construction of the resolutions of the Virginia Legislature inviting this
Conference. I understand that she suggests the resolutions of
Mr. CRrrITTENDEN as one acceptable way of settling our present
difficulties. She says that she will be satisfied with a settlement
on the basis of those resolutions. But she has not made them
her ltimatum.  She has not said she will not consent to any
151 
REMARKS OF MR. SUMMERS.
other plan of arrangement. HIer purpose was not to draw up
certain articles of pacification; to call her sister States together,
and say to them, "These or nothing!  We  have dictated the
terms upon which the matter between us may be arranged.
We will have these or we will not arrange at all!"  I understand her as offering no restrictions whatever.  She invites a
conference-she asks the States to confer together.  She expects
reasonable concessions, reasonable guarantees, and with these she
will be satisfied.
Nor do I know why the gentleman from Maine places Virginia in the position he described, nor upon what authority.  I
reply to him that he makes a grave assumption when he attributes
to Virginia a dictatorial position. I have come here, and I trust
my colleagues have also, animated by a single purpose:-that
purpose is to save the Union.  Virginia claims no greater rights
than any other State. She would not take them if they were
offered.
Let me say here, that it is my purpose to carry out the wishes
of the people of Virginia; that exercising the best judgment I
have I shall try to ascertain what that purpose is, and shall do
all I can to accomplish it. When the proper time comes I shall
cast my vote for the proposals of amendment offered by my colleague (Mr. SEDDON); I shall do so for several reasons. The first
and most important of them all is this: The Union is our inheritance-it is our pride. To preserve it, what sacrifice should
we not make? Its preservation is the one single desire that animates me.  Can I not be understood by my Northern friends?
Will you not yield something to our necessities-to our condition?
Will you not do something which will enable us to go back to
our excited people and say to them, "The North is treating us
fairly. See what she will do to make our Union perpetual!"
Again; I shall vote cheerfully for Mr. SEDDoN's propositions,
because the Legislature of my State has said that such amendments will satisfy the people of Virginia. I think the Legislature
is right. I think in this respect it reflects the will of the people
of Virginia. Remember, sir, that these propositions have been
for some time before the country, that they have been discussed
and commented upon by the public Press-that they will probably settle our difficulties, now and forever. They were intro
152 
REIARKS OF MR. SUMMERS.
duced into Congress by a distinguished and an able man-a
statesman, whose integrity and fidelity no one has ever questioned,
and no one will question. It is my firm belief that the States
can adopt them without any material sacrifice, and that they will
adopt them if they have the opportunity.
But if the CRITTENDEN resolutions-if the propositions of my
colleague cannot be recommended by this Conference-do not
find favor with the majority here?  What then?  Shall we dissolve this body, and go home?  Shall we risk all the fearful consequences which must follow?  No, sir!  No!  We came here
fordpeace. Virginia came here for peace. We will not be impracticable. You, representatives of the free States, will not be
impracticable. Therefore, I tell you that it is my firm belief
that the people of Virginia WILL accept the proposals of amendment to the Constitution as reported by the majority of the committee. I believe these propositions would be acceptable to our
people. I believe if we should pass them here, that the Convention now in session in Richmond would at once adopt them and
recommend them to the people of that honored member of the
Federal Union.  Can you not?  Will you not give us one chance
to satisfy our people, and to save us from that other alternative
which I almost fear to contemplate?
I feared when the result was announced, that the late election
in Virginia of the delegates to the Convention now in session,
would be misapprehended and misunderstood at the North:
that the North would regard it as a triumph of the Union sentiment in Virginia. In one sense it was such a triumph. The
advocates of immediate and unconditional secession were defeated, were defeated by a heavy majority.
But the members comprising that Convention represent the
true feeling of the people who elected them, and they represent
the present feeling of Virginia. The people of that State are
full of anxiety. They fear that the new administration has
designs which it will carry into execution, fatal to their rights
and interests.  They are for the Union, proydea their rights can
be secured; provided, they can have proper and honorable guarantees. It is useless to discuss now whether they are right or
wrong. Such is the condition of affairs now, and it is too late
153 
REMARKS OF MR.  SUMMERS.
to enter into the causes which produced it. We must deal with
things as they are.
'I have known many gentlemen who have represented the interests of New England long and well. I know what sentiments
filled their hearts years ago, and I do not believe those sentiments
are changed now. I appeal to Vermont. Among her representatives here, I see a gentleman with whom, for a long time, I was
upon terms of peculiar intimacy.  In the whole course of that
intimacy I cannot recall a single occurrence which did not impress me with his integrity, his ability, his justice. I appeal to
him. I appeal to him by every consideration which can move a
friend, which can influence a patriot, which can govern the action
of a statesman.  I appeal to Massachusetts, to all New England,
which I know possesses many like himself; and I ask you to consider our circumstances, to consider our dangers, and not to refuse us the little boon we ask, when the consequences of that
refusal must be so awful.  Can you not afford to make a little
sacrifice, when we make one so great?  Can you not yield to us
what is a mere matter of opinion with you, but what is so vital
with us?  Will you not put us in a position where we can stand
with our people, and let us and you stand together in the Union?
I have no delicacy here.  The importance of our action with me,
transcends all other considerations. I do not hesitate to appeal to
New England for help in this crisis.
If New England refuses to come to our aid, it will not alter
my course or change my conviction. In no possible contingency
which can now be foreseen shall these convictions be changed. I
will never give up the tnion! Clouds may hang over it, storms
and tempest may assail it, the waves of dissolution may dash
against it, but so far as my feeble hand can support it, that support shall be given to it while I live!
When the dark days come over this Republic, and there is
nothing in the future but gloom and despondency, I will do as
WAsnINGTON once said he would do in similar circumstances: I
will gather the last handful of faithful men, carry them to the
mountains of Western Virginia, and there set up the flag of the
Union. It shall be defended there against all assailants until the
friends of freedom and liberty from all parts of the civilized
154 
REMARKS OF MR. SUMMERS.
world shall rally around it, and again establish it in triumph and
glory over every portion of a restored and united country.
Sir, the questions which now agitate and alarm the country
do not affect the interests of all sections of the Union, or if they 
do affect all sections, certainly not in the same proportion. The
farther sections are removed from each other, the less do the interests and the principles of their people assimilate. Maine and
Louisiana, far distant from each other, differ widely. Approaching the line between the slave and free States all these differences
grow less. This is shown by the action of this Conference. The
border States can settle these questions. They will settle them
if you will let them alone.  Pennsylvania and Virginia, Maryland and New Jersey, States along the line, whose people are
most vitally interested, can have no difficulty in coming to an
agreement. With all the possible political interests which you
may have, not only are the relations of society, of business, and
commerce, to be interrupted, but these States are to form the
long frontier between two foreign nations, if that fearful contingency is to happen, so often and so confidently referred to here.
Why, then, should remote sections interfere to prevent this
adjustment?  If they cannot aid us, why not let us alone?  Let
them look along the valley of the Ohio River, one of the most
fertile sections of the continent, in itself great enough and fruitful enough to support a nation. It has already a large population, and that population is increasing every day. The people
are attached to each other by every tie that binds society together. They now live in harmony and friendship; their property is secure. They are prosperous and happy. Such a people
cannot be, must not be divided.
And therefore, I say, that if we are driven to that alternative;
if the representatives of the two extremes will not give us the
benefit of their counsel and assistance, the Central States, and the
great Northwest, must take the matter into their own hands.
North Carolina, Virginia, Kentucky, Tennessee, with Pennsylvania, New Jersey, and other States near them, must unite with
Ohio and the Northwest to save the country. They have the
power to do it —they must do it.
Remember, sir, that I only refer to this as a last alternative.
It is one to which I hope and pray we may never be driven. I
155 
PROCEEDINGS OF THiE CONFERENCE.
cannot yet give up the hope, that all we need here is patient and
thorough discussion and examination of the subject; that when
the true condition is understood, we shall unite together to restore confidence to the country. It must be so. The consequences of farther disagreement are too great, the crisis is too
important to permit mere sectional differences, mere pride of
opinion, party shackles or party platforms to control the action
of any gentleman here. The Republic shall not be divided.
The nation shall not be destroyed. The patriotism of the people
will yet save the country against all its enemies.
Mr. RuFFiN gave notice, that at the proper time he wished to
offer two amendments to the second section of the propositions
reported by the committee.*
Mr. FIELD and Mr. DODGE rose and made motions at the
same time.
The floor was given to Mr. DODGE, who moved, that when the
Conference adjourn, it adjourn to meet at ten o'clock to-morrow.
Mr. R  DOLrPI  moved to amend, by inserting half-past ten
o'clock.
Several motions were made by different members, and much
confusion arose, which was suppressed. 
M1r. CHITTENDE N:-We all, no doubt, wish to economize
time as much as possible. The prevailing wish seems to be to
meet about eleven o'clock to-morrow. That can be accomplished
by a simple motion to adjourn, which I make, and which should
take precedence of all others.
The PREsIDENT put the motion to adjourn, and declared it not
carried.
A MEMBER:-I move to amend Mr. DODGE's motion, by inserting seven o'clock this evening.
This motion did not prevail, and the question was taken upon
Mr. DODGE's motion, which was adopted, and the Conference then
adjourned.
* Mr. RuFFIN stated the substance of the amendments he proposed in a voice so low,
as not to be audible to the greater part of the Conference. They are not to be found
in the Journal, nor in the documents printed by order of the Conference, nor were they
heard by me.
156 
PROCEEDINGS OF THE CONFERENCE.
THIRTEENTH DAY.
WASHINGTON, WEDNESDAY, February 20th, 1861.
THE Conference was called to order by President TYLER at
ten o'clock, auid after prayer by the  Rev.  Dr.  SA"rsoN, the
Journal of yesterday was read and approved.
Mr. HARRIS:-I desire to call the attention of the Conference to the fact, that the time has not yet arrived when the Conference, by its rules, should commence business. The rule is, that
the daily session shall commence at eleven o'clock.
The PRESIDENT:-The Conference, previous to its adjournment yesterday, adopted the motion of Mr. DODGE, fking this hour
for the commencement of the present session.
Mr. WICKLIFFE:-I wish to call attention to the 9th rule
in the printed list. It has not been adopted by the Conference.
It is in here by mistake. The Committee on Rules did not intend to recommend it. I ask now that it be stricken from the
record.
Mr. FIELD: I rise to debate that motion.
Mr. WICKLIFFE:  Then I withdraw it.
Mr. HARRIS:-I wish to offer a preamble and resolutions,
and would like to have them read for the information of the Conference. I ask to have them printed and laid upon the table, so
that I can move them as an amendment at the proper time.
The resolutions were laid upon the table and ordered to be
printed, and are as follows:
Whereas, The Federal Constitution and the laws made in pursuance thereof, are the supreme law of the land, and should command the willing obedience of all good citizens; and whereas it is alleged that sundry States have
enacted laws repugnant thereto. Therefore,
Resolved. That this Convention respectfully requests the several States to
157 
PROCEEDINGS OF TIHE CONFERENCE.
revise their respective enactments, and to modify or repeal any laws which
may be found to be in conflict with the Constitution and laws of the United
States.
Resolved, That the President of this Convention is requested to send a
copy of the foregoing preamble and resolutions to the Governor of each of the
States, with the request that the same be communicated to the Legislature
thereof.
Mr. RANDOLPH:-I must now insist upon having my
resolution, offered yesterday, considered. Congress is about adjourning, and, if we do not close our labors to-day, we cannot
have our propositions acted upon under the rules of the Senate
and House of Representatives. They can be kept out on the objection of any member. I do not wish to debate the resolution,
and I hope the debate will not be continued in the general manner it was yesterday.
Mr. FIELD:-There seems to be a disposition to stop debate
now, after nearly the whole time has been occupied by the other
side. Yesterday the whole session was occupied by a general
discussion of this question. It is my right to debate it as generally as other gentlemen have done. I shall avail myself of that
right. I may not speak thirty minutes, but I will not submit to
the imposition of a different rule upon me, if I can avoid it, from
that which has been imposed upon others.  The first question is
on striking out the last clause of the resolution.   On that I have
nothing to say except that I ask for a vote by States.
A vote by States was then taken, and resulted as follows:
AYES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, Maryland, New York, New Hlampshire, Ohio, Pennsylvania, and Vermont-12.
NOES.-Delaware, Kentucky, Missouri, New Jersey, North
Carolina, PRhode Island, Tennessee, and Virginia-8.
Mr. CLAY:-I move to lay the whole subject upon the table. It is useless to attempt to stop discussion in this way.
Mr. CHASE -I call for a vote by States.
The motion of Mr. Clay prevailed by the following vote.
AYES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, Vermont, Virginia, and New IHampshire
-,10.
NOES.-Delaware, Maryland, Missouri, New Jersey, North
Carolina, Ohio, Pensylvania, Rhode Island, and Tennessee-9.
158 
REMARKS OF MR. McCURDY.
Mr. McCURDY:  There is really but one question that
ought to engage the attention of this Conference. All others
may be settled in half an hour. This question is a great one, and
assumes a variety of forms. I wish to vote upon it understand ingly, and I want some information from the committee which
has had it in charge.
I ask that committee whether they are not proposing a change
in the Constitution, which, if adopted, will operate as a direct and
effectual protection of slavery in all the territories of the United
States?  This appears to me to be the true questionf for our con sideration. I wish to know what meaning is attached by its
friends to one part of the proposed article.
It states that "the status of persons owing service or labor as
it now exists shall not be changed by law," &c.; and again, "that
the rights arising out of said relations shall be subject to judicial
cognizance in the Federal courts according to the common law."
The sta(us, then, shall not be changed.  By that term I suppose
condition is intended. I understand that perfectly. There shall
be no law to change the condition, to  irpair the rights of the
slaveholder; but shall there be no law to Protect these rights?
Now, what is intended by this?  Why not make this provision
plain, and not leave it open to any question of construction?
The ghost of the old trouble rises here, and will not down at.the
bidding of any man. I believe under this article the institution
of slavery is to be protected by a most ingenious contrivance.
The commnon law, administered according to the pro-slavery view,
is to be called in for its protection.
Now I ask the chairman of the committee reporting these
propositions what he means by the commob law?  The common
law, as we understand it, it the law of freedom not of slavery.
But I do not here propose to discuss that question. I wish to
know how the truth really is. Hiow does the committee, how do
the friends of this proposition understand it?
By the common law a slave is still a man: a person, and not
a personal chattel.  Hie may owe service, as a child to its parent,
an apprentice to his master, but he is still a person owing service.
iHe is all the time recognized as a man. As such he may own and
hold property, take it by inheritance and dispose of it at pleasure,
by will or by contract. All these rights, all the principles on
159 
REMARKS OF MR. MoCURDY.
which they are founded, are in direet antagonism to slavery. The
argument may be carried much farther, but this is far enough for
my purpose. By the slave law, all this is reversed. The master
owns the body of the slave, may sell or otherwise dispose of him,
may make him the subject of inheritance. The slave loses
all the attributes of a person, and becomes property as much as
the horse or the ox that feeds at his master's crib. These, in a condition of slavery are the rights of the master over the slave.
These rights the common law, under this proposition, is to recognize, protect, and enforce. I believe I am not mistaken in this.
What other construction can you give the article? It is a distinct proposal to engraft slavery upon the common law: to declare in the Constitution that slavery is recognized and protected
by the common law.
Now, the North has always protested against this. She will
never consent to it. She understands all the consequences as well
as you. No doubt it would be a great point gained for you, to
have the Constitution recognize the institution of slavery as part
of the common law. For then slavery goes wherever the common law goes. Its rights under this provision are not confined
to the territories. Once established, these may be enforced in a
free State just as well. It is the old proposition over again,
which has come before the American people so many times under
so many different guises. It makes slavery national, freedom
sectional. If this is so, if such is the construction which it is intended this section shall receive, why not state it openly? why
leave it as a question of construction.
This construction involves other considerations. This new
kind of common law is to be substituted for the old. The latter
has been understood for centuries alnost. Its principles have
been discussed and settled. It is a system founded by experience,
and adapted to the wants of the people subject to it. Its very
name implies that it was not created by legislative auth6rity. A
strange common law indeed that would be which is created by the
Constitution.
But this is not all.  Other principles of the common law are
subject to change. They are adapted to the advance of civilization, to the wants of communities.  Change is the universal law
of nature. This new kind of common law is alone to be perpetual.
0 
REMARKS OF MR. EWING.
It is not my purpose to enter into a general discussion of the
subject. This point struck me as important, as needing elucidation. If I am wrong in this construction, the committee will
correct me.
Mr. EWING:-The proposition contained in the first article
of the proposed amendment, is copied from the CRITTEDEN resolutions in substance. It is true that the language is somewhat
changed, but the legal effect is identical in both the propositions.
The term " stats," &c., as there used is not applicable to all the
territory of the United States. It only extends to that portion
of the territory south of 36~ 30'. It crushes out liberty nowhere.
It changes nothing-no rights whatever. Again, whatever may
be the status of the person in the State from which he comes,
that is preserved in the territory, and that alone. It is precisely
similar to the case of a contract to which the lex loci gives the
construction, and the lex fori its execution.
I like the common law. I have made it my study. I like
the use of this term here. It was a good system when not as
perfect as it is now. The common law of England even tolerated
slavery until it was abolished. The colliers of the North of England were once, to all intents and purposes, as much slaves as any
negro on the Southern plantations, except in the matter of separation of families. I can refer you to a precedent on this subject,
which you will find in a book of no very high authority. I mean
the novel, R?ed Guntlet.
The general principle applicable here is this: Whenever you
establish the right-no matter how, if you esta8blsh it-the common law asserts the remedy. There is no crushing out about it.
The simple proposition is this: Slavery exists already in that
little worthless territory we own below the proposed line. Will
we agree that it shall remain there just as it is now, so long as
the territorial condition continues?  That is all.  There is no
mystery or question of construction about it.
Mr. FIELD:-The  questions now before the Conference I
suppose arise upon the report presented by the majority of the
committee, and upon the motion to substitute for that report
the propositions of the minority of the same committee.
I propose to add to this report the three following propositions; and I will read them for the information of the Conference.
11
161 
REMARKS OF MR. FIELD.
I. " Each State has the sole and exclusive right, according to its own judgment, to order and direct its domestic institutions, and to determine for itself
what shall be the relation to each other of all persons residing or being within its limits.
II. " Congress shall provide by law for securing to the citizens of each
State the privileges and immunities of citizens in the several States.
III. " The union of the 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 obligations of obedience to the Constitution and
laws of the United States."
These additions would render the majority report much more
acceptable to the northern people than it is in its present shape,
though even then, I am bound to declare, I could not support it. I
prefer the substitute. In what I have now to say, I shall not confine
myself to a discussion of these propositions, but availing myself of
the latitude of debate hitherto allowed to gentlemen who have addressed the Conference in favor of the report of the majority of the
committee, I shall endeavor to bring to the notice of this body,
more fully than I have yet done, my views upon the general
question presented for our consideration.
For myself, I state at the outset that I am indisposed to the
adoption, at the present time, of any amendment of the Constitution.   To change the organic law of thirty millions of people is a measure of the greatest importance. Such a measure
should never be undertaken in any case, or under any circumstances, without great deliberation and the highest moral certainty
that the country will be benefited by the  change.   In this
case, as yet, there has been no deliberation; certainly not
so far as the delegates from New York are concerned. The resolutions of Virginia were passed on thle 19th of January. New
York (her Legislature being in session) appointed her delegates
on the 5th of February. We came here on the 8th. Our delegation was not full for a week. The amendments proposed were
submitted on the 15th. It is now the 20th of the month. We
are urged to act at once without further deliberation or delay.
To found an empire, or to make a constitution for a people, on which so much of their happiness depends, requires
the sublimnest effort of the human intellect, the greatest impartiality in weighing opposing interests, the utmost calmness
in judgment, the highest prudence  in decision.   It is pro.
162
i -:, 
REMARKS OF MR. FIELD.
posed that we shall proceed to amend in essential particulars a
Constitution which, since its adoption by the people of this
country, has answered all its needs; with a haste which to my
mind is unnecessary, not to say indecent.
IHave any defects been discovered in this Constitution?
I have listened most attentively to hear those defects mentioned,
if any such have been found to exist. I have heard none.
No change in the Judicial Department is suggested. The exercise of judicial powers under the Constitution has been satisfactory enough to the South. The Judicial Department is to be left
untouched, as I think it should be. You propose no change in
the form of the Executive or Legislative Departments.  These you
leave as they were before. What you do propose is, to place certain limitations upon the Legislative power, to prohibit legislation upon certain important subjects, to give new guarantees to
slavery, and thlis, as you admit, before any person has been injured, before any right has been infringed.
There is high authority which ought to be satisfactory to you,
that of the President of the United States, now in office, for
the statement that Congress never undertook to pass an unconstitutional law affecting the interests of slavery except ithe Mis..
souri Compromise. Well, you have repealed that. You have
also every assurance that can be given, that the administration
about coming into power proposes no interference with your institutions within State limits. Can you not be satisfied with
that?  No.  You propose these amendments in advance.  You
insist upon them, and you declare that you must and will have
them or certain consequences must follow. But, gentlemen of the
South, what reasons do you give for entering upon this hasty,
this precipitate action?  You say it is the prevailing sense of
insecurity, the anxiety, the apprehension you feel lest something
unlawful, something unconstitutional, may be done. Yet the
gentleman from Virginia (Mr. SEDDON) tells us that Virginia is
able to protect all who reside within her limits, and that
she will do so at all hazards. Why not tell us the truth
outright?  It is not action under the Constitution or in Congress that you would prevent. What is it, then? You are
determined to prevent the agitation of the subject.  Let us
understand each other.   You have called us here to prevent
future discussion of the subject of slavery. It is that you fear
163 
REMARKS OF MR. FIELD.
it is that you would avoid-discussion in Congress-in the State
Legislatures-in the newspapers-in popular assemblies.
But will the plan you propose, the course you have marked
out, accomplish your purpose?  Will it stop discussion?  Will it
lessen it in the slightest degree? Can you not profit by the experience of the past?  Can you prevent an agitation of this subject, or any other, by any constitutional provisions?   o o! Look
at the details of your scheme. You propose through the Constitution to require payment for fugitive slaves: to make the North
pay for them. You are thus throwing a lighted firebrand not
only into Congress, but into every State Legislature, into every
county, city, and village in the land.
This one proposition to pay for fugitive slaves, will prove a
subject for almost irrepressible agitation. You say to the State
Legislatures, you shall not obstruct the rendition of fugitives from
service, but you may legislate in aid of their rendition, thereby
implying that the latter kind of legislation will be their duty.
You thus provide a new subject of discussion and agitation for
all these Legislatures. In the Border States especially, such as
Ohio and Pennsylvania, you will find this agitation fiercer than
any you have hitherto; witnessed; of which you complain so
much. You will add to the flame until it becomes a consuming fire.
You propose to stop the discussion of these questions by the
press. Do you really believe that in this age of the world you
can accomplish that?  You know little of history if such is
your belief. Free speech is stronger than constitutions or dynasties.  You might as well put your hands over the crater of a
burning volcano, and seek thus to extinguish its flames, as to attempt to stop discussion by such an amendment of the Constitution. Stop discussion of the great questions affecting the policy,
strength, and prosperity of the Government!  You cannot do it!
You ought not to attempt to do it!
I wish to speak kindly upon this subject. I entertain no unfriendly feelings toward any section. But while you are thus complaining of us in the free States, because we agitate and discuss the
question of slavery, are you not, in a great degree, responsible for
this agitation yourselves?  Do you not discuss it, and agitate it?
Do you not make slavery the subject of your speeches in the
South, and in the presence of your slaves? Do you not make
charges against us, which in your cooler moments you know to be
164 
REMARKS OF MR. FIELD.
unfounded?  Do you not charge us in the hearing of your slaves
with the design of interfering with slavery in the States, with
a design to free them if we succeed?
You have done all this and more, and if discontent, anxiety,
and mistrust exist among your people, let me say that such discussion has contributed more to produce them, than all the agitation of the slavery question at the North. But your amendments
are not pointed at your discussions. That kind of agitation may
go on as before. It is only the discussion on the other side
you would repress!
If the condition of affairs among you is as you represent it,
have you no duties to perform; is there nothing for you to
do?  Should you not tell your people what we have assured you
upon every proper occasion, that the Republican Party has
always repudiated all intention of interfering with slavery, or any
other Southern institution within the States? This you all
know. Ilave you told your people this? If you would explain
it to them now, would they not be quieted?  Do not reply that
they believe we have such a purpose.  Who is reponsible for that
beliefS? Have you not continually asserted before your people, notwithstanding every assurance we could give you to
the contrary, that we are determined to interfere with your
rights? It is thus the responsibility rests with you.
Although such is my conviction, supported, as I think, by all
the evidence, I am still for peace. Show me now any proposi
tion that will secure peace, and I will go for it if I can. We
came here to take each other by the hand, to compare views,
explain, consult. We meet you in the most reasonable spirit.
Any thing that honorable men may do, we will do.
We will go back to 1845 when you admitted Texas; back to
the Missouri Compromise of 1820.  You certainly can complain
of nothing previous to that time. If, since then, there has been
any law of Congress passed which is unjust toward you, which
infringes upon your rights, which operates unfairly upon your
interests, we will join you in securing its repeal. We will go
farther.  If you will point out any act of the Republican Party
which has given you just cause for apprehension, we will give
you all security against it. We will do any thing but amend
the fundamental law of Government. Before we do that we
must be convinced of its necessity.
165 
REA]KS OF MR.  FIELD.
When you propose essential changes in the Constitution you
must expect that they will be subjected to a critical examination;
if not here, certainly elsewhere. I object to those proposed by
the majority of the committee   1Ist. For what they do contain.
2d. For what they do not contain.
I do not propose to criticize the language used in your propositions of amendment. That would be trifling. I think the language very infelicitous, and if I supposed those propositions were
to become part of the Constitution, I should think many verbal
changes indispensable. But I pass by all that, and come at once
to the substance.
I object to the propositions, sir, because they would put into the
Constitution new expressions relating to slavery, which were sedulously kept out of it by the framers of that instrument; left
out of it, not accidentally, but because, as MADIsoN said, they did
not wish posterity to know from the Constitution that the institution existed.
But I object further, because the propositions contain guarantees for slavery which our fathers did not and would not give.
In 1787 the convention was held at Philadelphia to establish our
form of Government. WASIINGTON was its presiding officer,
whose name was in itself a bond of union. It was soon after
the close of a long and bloody war. Shoulder to shoulderthrough winter snows and beneath summer suns-through such
sufferings and sacrifices as the world had scarcely ever witnessed-the people of these States, under Providence, had fought and
achieved their independence. Fresh from the field, their hearts
full of patriotism, determined to perpetuate the liberties they
had achieved, the people sent their delegates into the convention to frame a Constitution which would preserve to their posterity the blessings they had won.
These delegates, under the presidence of WASHnGTOH, aided
by the counsels of MADISON and FRAN1LIn, considered the very
questions with which we are now dealing, and they refused to put
into the Constitution which they were making, such guarantees
to slavery as you now ask from their descendants. That is
my interpretation of their action. Either these guarantees are in
the Constitution, or they are not. If they are there, let them
remain there. If they are not there, I can conceive of no
166 
REMARKS OF MP. FIELD.
possible state of circumstances under which I would consent to
admit them.
Mr. MIOREIHEAD:-Not to save the Union?.
Mr. FIELD:-No, sir, no! That is my comprehensive an
swer.
Mr. MOREHEAD:-Then you will let the Union slide.
Mr. FIELD:-No, never! I would let slavery slide, and
save the Union. Greater things than this have been done. This
year has seen slavery abolished in all the Russias.
Mr. ROMAN:-Do you think it better to have the free and
slave States separated, and to have the Union dissolved?
Mr. FIELD:-I would sacrifice all I have; lay down my life
for the Union. But I will not give these guarantees to slavery.
If the Union cannot be preserved without them, it cannot longbe
preserved with them. Let me ask you, if you will recommend to
the people of the southern States, in case these guarantees are
conceded, to accept them, and abide by their obligations to the
Union?  You answer, Yes!  Do you suppose you can iiduce
the seceded States to return? You answer: We do not know!
What will you yourselves do if, after all, they refuse? Your
answer is," We will go with themr!"
We are to understand, then, that this is the language of the
slave States, which have not seceded, toward the free States: "If
you will support our amendments, we will try to induce the seceded
States to return to the Union. We rather think we can induce
them to return; but if we cannot, then we will go with them."
What is to be done by the Government of the United States
while you are trying this experiment? The seceded States are organizing a Government with all its departments. They are levying taxes, raising military forces, and engaging in commerce with
foreign nations, in plain violation of the provisions of the Constitution. If this condition of affairs lasts six months longer, France
and England will recognize theirs as a Government de facto. Do
you suppose we will submit to this, that we can submit to it?
I speak only for myself. I undertake to commit no one but
myself; but I here assert, that an administration which fails to
assert by force its authority over the whole country will be a disgrace to the nation. There is no middle ground; we must keep
this country unbroken, or we give it up to ruin!
We are told that one Statehas an hundred thousand men ready
167 
REMARKS OF MR. FIELD.
for the field, and that if we do not assent to these propositions she will fight us. If I believed this to be true, I would not
consent to treat on any terms.
From the ports of these seceded States have sailed all the fillibustering expeditions which have heretofore disgraced this land.
There, have those enterprises been conceived and fitted out.
Their new government will enter upon a new career of conquest
unless prevented. Even if these propositions of amendment are
received and submitted to the people, I see nothing but war in the
future, unless those States are quickly brought back to their allegiance.
I do not propose to use harsh language. I will not stigmatize
this Convention as a political body, or assert that this is a movement toward a revolution counter to a political revolution just
accomplished by the elections. Nor will I speak of personal liberty bills, or of northern State legislation, about which so much
complaint has been made. If I went into those questions, much
might be said on both sides. We might ask you whether you
had not thrown stones at us?
Did not the Governor of Louisiana, in his message to the Legislature of his State, recommend special legislation against the
supporters of Mr. LixCOLN?  Is there not on the statute books
of Maryland a law which prohibits a "black Republican" from
holding certain offices in that State?
Mr. JOHNSON:-There was a police bill before the Legislature of Maryland, in which some provision of that kind was inserted
by one who wished to defeat it. Its friends were compelled to
accept the provision in order to save the bill. The courts at
once held the provision unconstitutional. All that is so.
Mr. FIELD:-I am answered. It is admitted that the Legislature of that ancient State did place upon her statute book an
act passed with all the forms of law, containing a provision so
insulting to mnillions of American citizens.
Mr. HOWARD:-Will Mr. FIELD permit me a single question? I ask it for information, and because I am unable to answer it myself. I therefore rely upon his superior judgment and
better means of knowledge. It appears to me that Massachusetts,
Maine, and New York have gone much farther. The charge is
a serious one. Maryland has never refused to submit to the
decisions of the proper judicial tribunals. The Constitution has
168 
REMARKS OF MR. FIELD.
provided for the erection of a tribunal which should finally decide all questions of constitutional law. That tribunal has decided that the people of the slave States have a legal right to go
into the territories with their property. The gentleman from New
York tells us he is in favor of free territory, and his people are also.
Now, I wish to ask, where in the Constitution he finds the
right to appeal from the decision of the Supreme Court to the
popular voice? In what clause of the Constitution is this power
lodged? Where does he find this right of appeal to the people,
a right which he insists the North will not give up?
Mr. FIELD:-I am happy to answer the question of the gentleman from Maryland, and I reply that when once the Supreme
Court has decided a question, I know of no way in which the
decision can be reversed, except through an amendment of the
Constitution.  I have the greatest respect for the authority of the
Supreme Court. I would take up arms, if necessary, to execute
its decisions. I say that States, as well as persons, should respect
and conform to its judgments, and I would say they must. But
I am bound in candor to add, that in my view the Supreme Court
has never adjudged the point to which the gentlemen refers; it
gave opinions, but no decision.
I was about to state, when I was first interrupted, that the
majority report altogether omits those guarantees, which, if the
Constitution is to be amended, ought to be there before any others
that have been suggested.  I mean those which will secure protection in the South to the citizens of the free States, and those
which will protect the Union against future attempts at secession;
guarantees which are contained in the propositions that I have
submitted as proper to be added to the report of the majority.
But, sir, I must insist, that if amendments to the Constitution
are required at all, it is better that they should be proposed and
considered in a General Convention. Although I do not regard this
Conference as exactly unconstitutional, it is certainly a bad precedent. It is a body nominally composed of representatives of
the States, and is called to urge upon Congress propositions of
amendment to the Constitution. Its recommendations will have
something of force in them; it will undoubtedly be claimed for
them in Congress that they possess such force. I do not like to
see an irregular body sitting by the side of a legislative body and
attempting to influence its action.
169 
REMARKS OF MR. FIELD.
Again, all the States are not here.  Oregon and Californiathe great Pacific dominions with all their wealth and power, present and prospective-have not been consulted at all. Will it be
replied that all the States can vote upon the amendments?  That
is a very different thing from proposing them. California and
Oregon may have interests of their own to protect, propositions of
their own to make. Is it right for us to act without consulting
them?  I will go for a convention, because I believe it is the best
way to avoid civil war.
Mr. WICKLIFFE:-If a General Convention is held, what
amendments will you propose?
Mr. FIELD:-I have already said that I have none to propose. I am satisfied with the Constitution as it is.
Mr. WICKLIFFE:-Then, for God's sake, let us have no
General Convention.
Mr. FIELD:-I think the gentleman's observation is not
logical. He wants amendments, I do not. But I say if we are
to have them, let us have them through a General Convention.
And I say farther, that this is the quickest way to secure
them.  If'a General Convention is to be called, let it be held at
once, just as soon as possible. If gentlemen from eight of the
States in this Conference represent truly the public sentiment of
their people, as I will assume they do, there is no other alternative. We must have either the arbitrament of reason or the
arbitrament of the sword. The gloomy future alone can tell
whether the latter is to be the one adopted. I greatly fear it is. The
conviction presses upon me in my waking and my sleeping hours.
Only last night I dreamed of marching armies and news from the
seat of war. [A laugh from the Kentucky and Virginia benches.]
The gentlemen laugh. I thought they, too, had fears of war.
I thought their threats and prophecies were sincere. God grant
that I may not hereafter have to say, "I had a dream that was
not all a dream."
Sir, I have but little more to trouble you with. In what I
have said I trust there has been no expression that will be taken
in ill part. I have spoken what I sincerely felt. If there has
been an unkind word in my remarks I did not intend it, and am
sorry for having uttered it.
For my own State and for the North I have only to say that
they are devoted to the Union. We have been reminded of
170 
REMARKS OF 3E. FIELD.
HAMILTON'S opinion, that the States are stronger than the Union,
and that when the collision comes the Union must fall. This
is a mistake.   In the North  the  love for the Union is the
strongest of political affections. New York will stand by
the flag of the country while there is a star left in its folds.
If the Union should be reduced to thirteen States-if it should
be reduced to three States-if all should fall away but herself,
she will stand alone to bear and uphold that honored flag,
and recover the Union of which it is the pledge and symbol. God grant that time may never come, but that New
York may stand side by side with Kentucky and Virginia to the
end. That we may all stand by the Union, negotiate for it, fight
for it, if the necessity comes, is my wish, my hope, my prayer.
The Constitution made for us by WASHINGTON, Fu              ANLr, MADIsoN, and HAMILTON, and the wise and patriotic men who labored with them, is good enough for us. We stand for the country, for the Union, for the Constitution.
I found yesterday upon my table a pamphlet bearing the
title of " The Governing Race." It contains a sublime passage
from LONGFELLOW'S poem of "The Ship,  which, as it closes the
pamphlet, shall also close my observations:
"Thou, too, sail on, O Ship of State!
Sail on, O UNION, strong and great!
Hlumanity with all its fears,
With all the hopes of future years,
Is hanging breathless on thy fate!
We know what Master laid thy keel,
What Workmen wrought thy ribs of steel,
Who made each mast, and sail, and rope,
What anvils rang, what hammers beat,
In what a forge and what a heat
Were shaped the anchors of thy hope I
Fear not each sudden sound and shock,
'Tis of the wave and not the rock;
'Tis but the flapping of the sail,
And not a rent made by the gale!
In spite of rock and tempest's roar,
i0~: ~      In spite of false lights on the shore,
Sail on, nor fear to breast the sea!
Our hearts, our hopes, are all with thee,
Our hearts, our hopes, our prayers, our tears,
Our faith triumphant o'er our fears,
Are all with thee,-are all with thee."
171 
REMARKS OF MR. WHITrrE.
M1r. WIIITE:-I shall not occupy much of the time of the
Conference. All the speeches that have been made, and all the
declamation that has been uttered on this floor, have not made a
single convert. Last of all would I wish to follow the gentleman who has just taken his seat. Hie proposes to postpone
action, asserts that we are acting without consideration, in haste,
and without due deliberation. I look upon this subject from a
different point of view. I believe the motive of Pennsylvania in
first responding to the invitation of Virginia was to induce the
States to meet here in council, and remove that peril which now
threatens our common country.
Pennsylvania had another reason. She is a border State; she
has a deeper and more vital interest in the present unhappy differences than New York or the North.  If there is to be war;
civil, unnatural war, whose country is to be devastated, whose
fields laid waste and trampled down?  They are those of the
border States-of Ohio, Pennsylvania, Illinois, Indiana, and possibly New Jersey.   These are the States that are to suffer.  Gentlemen from New York and the North East, in the bosom of their
families, their towns and cities not in the least danger, may be
as impassive as the granite rocks that bind their shores. We
have a deeper, a more vital interest; therefore we feel and speak.
When Pennsylvania received the invitation of Virginia, South
Carolina, Georgia, and other States had seceded. Dangers were
accumulating. Then it was that the old conservative Keystone
State threw herself into the breach. She sent her delegation here
to save the country and not to change the Constitution-not to
alter it, but to explain it and to give our Southern sisters the
guarantees they once did not ask and did not need. We believed
that the great majority of the people of the Southern States were
Union loving men, who choose to sail under the flag of the
Union, rather than under any piratical and treasonable banner.
We knew there were rebels within those States, as there is a
faction at the North composed of men as much rebels as they are.
We knew, also, that there was a large body of men at the South,
who, though loyal at heart, were in a state of great anxiety and
apprehension, and who might be stirred up by demagogues,
through appeals to their State pride and other influences, to take
a stand against the Union.
172 
REMARES OF MR. WHITE.
The Republicans denied that they wished to interfere in any
manner with the institution of slavery. We have come here to
give the slave States a declaratory exposition of our views. We
have come bearing the olive branch.  We  are met by the South
in a spirit of conciliation. The delegates tell us that they hope
to be able to bring back their erring sister States into the fold of
the Union, if they can go to them bearing satisfactory guarantees
from us. Pennsylvania is willing that we should give them that
opportunity. We have lived in harmony with them: we wish to
live in peace with them. If the seceded States will not come
back, if the other Southern States cannot bring them back, then,
are we in any worse position?  No, sir! we are not.  We desire to
place ourselves right before the world. Then, if some States will
not stay in the Union, on their heads be the responsibility. Then,
if any wrong has been done, if any right has been violated, Pennsylvania will not be responsible. We shall have done our duty,
on them will the responsibility rest. They must answer for it before the world and before the judgment-seat.
What will be the consequence of postponing action on this
subject?  We  are strengthening the position of the seceded
States. We
"Keep the word of promise to the ear,
And break it to the hope."
Every rebel will rejoice at our inaction.
The continuance of Virginia in the Union depends upon the
action of a convention now in session in Richmond. If we send
her commissioners home to say to that convention, "The North
will wait two years and then consider your propositions," what
will the convention say to that? The seceded States have at
this moment commissioners at Richmond entreating Virginia to
join their Confederacy, and to detach herself from the free States.
If we fail to act, who can fail to foresee the consequences? Maryland is about calling a convention. She, too, will act, and she
will go where her associations and her interests carry her.
From this you can infer some of the reasons why Pennsylvania has sent her commissioners here.  Her object was not delay.
Her wish was for action-speedy action. She wishes to do all
she can to accelerate action. She wishes to have some plan laid
before the country at once-something fair to all sections-and
173
I;, 
REMAIXKS OF MR.  WHIiTE.
then, with the alternatives before them, let the people decide.
She wishes to pour oil on the troubled waters.
We are told by our friend from New York, that the amendments are badly drawn. If so, let him help us to correct them.
No one can do it better.  Surely there is talent enough in this
Conference to remedy such defects as are suggested by him.
Gentlemen say they do not wish to convert free territory into
slave territory. Neither do I. We are not doing that. All the
territory south of the line proposed is slave territory already.
The adoption of these propositions does not extend slavery at all.
The first advantage the Republican party ever obtained in
Pennsylvania, was on account of the repeal of the Missouri Compromise, followed by the decision of the Supreme Court, declaring that the normal condition of the territory was a condition of
slavery, and on that ground holding the Missouri Compromise unconstitutional. Such being the state of the matter, do we lose
any thing by the prohibition of slavery north of 36~ 30'?
No! All that vast territory north of the line will be dedicated to freedom.   The South asks that faith shall be kept;
that slavery in the territory south of the line shall not be interfered with. This is the only material averment in the declaration.
The second article contains a modification of the Constitution
which was not intended. This I understand it is proper to
amend.
Another proposition is to put a barrier into the Constitution,
which will prevent the acquisition 6f territory in fuiture by joint
resolution. To this I am sure the gentleman from New York
will not object.
Sir, I have read and carefully considered all the proposed
amendments. To my mind they present no essential changes, or
modifications, or constructions, of that instrument.  I can see no
injury in them to the interests of the North. I think they are
rather to the advantage of the North. I believe the people of
the North will hasten cheerfully to adopt them.
Now, if we can adopt them-if we can make them a part of
our organic law, and thus settle these differences, who will not
be glad?  There is still a deep and abiding love of the Union in
174 
175
REMARKS OF MR. TUCK.
the hearts of all the people. They will hail with.joy any action
of yours which tends to strengthen it.
Mr. TUCK:-If should not address the Conference at this
time if I did not discover early signs of closing the debate, and I
prefer to be clearly understood upon the subject of discussion be fore it closes. 
I well understand the appeals of the border slave States.
They think that one-half their number are already out of the
Union. They deem themselves weakened by their defection. I
well understand the inquiry of the eloquent gentleman from Vir ginia, when he asked, on the second day of the session, " Can't
you understand our position?"
I have listened to appeals stronger and more eloquent than I
ever expect to hear again. The representatives from the South
on this floor are skilful in debate and eloquent in speech. Were
there no view of the case but the one they present, I might be come a convert myself.
They have seen half of the slave States, acting on the theory
of right claimed by the South, undertake to go out of the Union.
If they love the States they represent, and the Union of all the
States, they should be filled with apprehension and alarm. The
venerable gentleman from North Carolina (Judge RUFFIN) has
appealed to us with an ardor, patriotism, and eloquence which
has produced an indelible impression upon my mind, while the
gentleman (Mr. SEDDOI) from Virginia, in describing parallels of
attack which the North, as he said, were constructing, in the
course of events, about the institution of slavery, commanded my
undivided attention.  Yet gentlemen greatly err in assuming
that we of the North are acting under some wizard influence, and,
out of pure malignity, are plotting the overthrow of slavery.
There is no plot or general concert in the action of the North on
this subject. We are, like the South, subject to general laws affecting mind and morals, as well as pecuniary concerns, which
laws cannot be disregarded. We cannot act otherwise than we
do.  Ideas and principles control, and we and those whom we
represent will act in accordance with them, whatever be the consequences.
Muchis said here about saving to thie Union the slave States not
yet gone. All I have to say on this point is, I wish to save them, 
REMARKS OF MR. WHITE.
and I trust we shall have less trouble with the seven than with
the fifteen.
The chair was here taken by Mr. ALEXANDER.
The people of this country, North and South alike, obey the
laws of interest and morality. There is no disposition at the
North to destroy slavery.  Let these accusations and criminations
be heard no more. What I am about to say may weigh but little, but I know something of the North, and a little of the South.
I fully believe that the institution of slavery within the States
should be left with them exclusively-that such is the prevailing
sentiment of the North. I say so because there is no disposition
at the North to interfere with it. Do we believe that we can
manage slavery better than you?  No, sir!  I believe that we
could not manage it so well.  If we had been reared on your soil
in the midst of slavery, we could manage it just as well. It is a
mistake and a pernicious error, for the South to believe that
either party at the North proposes to raise any question relating
to slavery within State limits. There is not a man at the Nortli
who could stand up long enough to fall down, if he should take
such a position.
There are problems connected with slavery which we cannot
solve; we do not wish to undertake their solution. We will
leave them with you.
What, then, should we do? My answer is, live along as we
have done before. We will live with you in the Union, under a
Constitution that requires us to help you keep the peace. Where
you dwell, we will dwell.  Your people shall be our people, and
where you die, we will die. Our Constitution is good enough
for a people who are wise enough to live under it. With such a
Constitution, Virginia proposes to leave the Union.
Will you leave the Union because the Constitution has not
been rightly construed?  No; for it has been construed to your
entire satisfaction. It has been made to speak your views. The
judges of our Supreme Courts represent your opinions. There
has never been a construction of the Constitution adverse to your
interests.  The Dred Scott decision protects slavery in all the
territories according to your desire, though against our strong
conviction of law and right. Will you leave the Union because
you have not had the Government your share of the time? You
176 
REMARKS OF MR. WHITE.
have had possession and control of it for fifty years out of seventytwo; and during a large portion of the twenty-two years, when
we have had the President from the free States, the administration has been under the control of southern sentiments, and
southern interests have been in the ascendency, through the servility of northern men. Do you leave the Union in order to secure
the protection of a better Constitution?  No; for they who have
left us have said that the Constitution was well enough, if the
people were sufficiently enlightened to live under it. Why is it,
then, with all these facts before you, that you propose to turn
away from the Government of our fathers, from all the glories of
the past, the blessings of the present, and the hopes of the future,
to hunt for new and better things under a new Government?
You are going out of the Union because you say we propose
to immolate you-to turn you over to the mercies of a Government of slaves set free. Hiow unfounded is such a belief! Are we
not brothers still? I doubt whether there was a better feeling
between the masses of the North toward you ten or seventy years
ago than there is to-day. Can you find better fortunes elsewhere? Where do you propose to go?  To the doubtful fortunes
of a Southern Confederacy?  You certainly are not acting with
your accustomed prudence and forethought. You know what
the teachings of history are in relation to nations in that belt of
latitude. You know how they have always compared with northern nations. Together the two sections may be prosperous and
powerful; separated you can judge where the advantage must
fall. Hiad we not better try and get along as we are?
This Conference presents some singular scenes. Although
made up, so far as the North is concerned, of members of both
political parties, yet, by a majority, it supports southern views
of southern interests as earnestly and emphatically as any southern man has done. In all conflicts of the past and present you
have carried your points, and you have reason to think you may
do so in future. Yet you insist upon separation. Be assured, you
will experience as bitter feuds among yourselves as you do in the
fellowship of those you leave.  You cannot be reconciled to even
the existence of a minority against you, but you will find you
cannot escape the minorities, and may fall into one yourselves.
You propose to join the fortunes of the Southern Confederacy, in
12
117
I 
lREMARKS OF MR. WHITE.
which there is a contention already. You turn your backs upon
the Government of the Father of his Country, whose portrait is
before us, and join your fortunes to a mere southern nationality.
Beware of the act. Look back over the last two thousand years,
and contrast the stability of governments in southern latitudes
with those more northern, under latitudes which you leave.
Mexico, Central America, and South America, furnish valuable
lessons on this Continent, while the Eastern Hemisphere is, in
this respect, full of instruction. Will you leave a people whose
character and habits are like those which have produced the
permanence and power of Russia, France, and England, and ally
yourselves to those more southern people who have not hitherto
enjoyed stability, power, or happiness?  Is it not wiser to stay
where you are, to scorn the pernicious doctrines of new teachers,
and to live and die under the flag of our fathers?
The annexation of Texas opened a Pandora's box of evil.
Had not that taken place, the Missouri Compromise would not
have been repealed.  Had not that Compromise been repealed,
the shadow of our present troubles would not have arisen.
You speak of the opposition of the North to slavery.  Believe us or not, it is true, nevertheless, that slavery is regarded at
the North as strictly a State institution; as such, we are content
to let it remain; we desire to let it remain such. But let not the
North be misunderstood in its position. The North is willing to
let slavery remain where it is-where our fathers left it; but
against its extension into the territories, the North is inflexibly
and unalterably opposed.
If there is any thing to pacificate I am in favor of pacification, but in favor of it according to the Constitution. The Constitution embraces all that any State can reasonably ask or honorably concede. But if from change of circumstances or other
causes, the men of the South are of the opinion that their interests are overlooked or ill-defined, I, for one, will favor a call of a
convention to consider amendmnents to the Constitution, and I
will vote for such amendments as shall give as substantial protection to the South as the North ought to ask for, in the change
of circumstances.
I submitted an address and resolutions a few days since for
adoption in this Convention, which i hope may be carefully read
178 
REMARES OF MR. WHITE.
before being rejected.   They contemplated a convention, and
their design is to give assurance of justice to the public. I op pose the proposition for an address by the committee, to be issued
to the public after our adjournment. We wish to know before hand what we adopt, and to weigh every word. There is a north ern sentiment to be regarded as well as a southern sentiment.
We of the North have heard much said in denunciation of us,
and have thought it political clap-trap and gasconade. But if we
are made to believe in your hostility to us and the Government,
we may conclude it is best to let you leave us. We have no
fears in trusting ourselves, if necessary, to our industry, our
habits, and enterprise, separate from the slaveholding States.
Opinions are changing rapidly. I do not like the idea of maintaining the Union by force of arms.  It is not in accordance with
the theory of our Government.
A Virginian stated only a few days ago, that there was
nothing which the South could ask or that the North could
give, that was not found in the Constitution. But you say that
we do not understand it alike-that the two sections differ in
their construction of it. Well, if that is so, we are willing to
submit to the courts. 
You have always fared well enough there.  If that is not
enough we will leave the whole subject, amendments and all, to
a General Convention. That we now propose. We propose it
fairly, not for any purpose of delay or postponement. Call the
convention as early as it can be done.  We will aid you.  We
will go home and in good faith urge our people to go into the
convention, and there patiently and fairly consider all your
claims, all your complaints. We would urge them to concede
all they can without a sacrifice of principle.  We will do this as
a party, and with all our strength. Now, this does not quite come
up to what you want, but is it best for you to insist upon breaking up the Government on that ground?  That is neither sensible
nor safe. We are like two lobes in the same skull; one cannot
outlive the other. Destroy one and you destroy the other. I do
not believe this Republic can stand without the Union which our
fathers made. But it will stand-it must stand. Wise counsels
will yet prevail. You will yet believe us sincere in our desires
179
a 
RPEMARKS OF MR. FRELINGHUYSEN.
to relieve you. The end of the Union has not come-it is not
coming. The Union will yet outlive us and our posterity.
Mr. FRELINGIIUYSEN:-In rising to express briefly my
views, I feel oppressed and embarrassed in view of the magnitude of the subjects we are discussing, and in the presence of this
distinguished auditory. I cannot claim to represent an Empire
State with its four millions of people, nor a Bay State, which we
are told, with its wealth, its enterprise, and its commerce, can
settle a new State every year. But with my colleagues, I represent a State which performed her part in the dark night of the
Revolution her share in that great struggle for our priceless institutions-a State which has ever since been faithful in the discharge of all her constitutional obligations. In that bloody conflict, upon her own soil, New Jersey joined hands with the North
and South. There is scarcely a church spire within her borders
beneath whose shadows does not lay the remains of some of the
entombed patriots in that great conflict from both these sections,
commingled with those of her own sons!
New Jersey was true to the Union in that great struggle-she
has always since been true; and under the favor of Providence
she always will be faithful to the Union and its memories, so inseparably connected with the glory and honor of her sons. Other
States may have done as much, may have as good a record, may
be entitled to equal credit with her. But in all her past history,
I can point to her fidelity to the Union and her sister States with
no blush of shame upon my brow. Other States might be wanting! New Jersey never! She has always been true to her constitutional obligations; she has always kept-never sought to avoid
them.
With a narrow stream separating her from a slaveholding
State, there were never any underground railroads in New Jersey;
she never rescued a fugitive slave from the custody of the law;
no personal liberty bill ever disgraced the pages of her statutes,
nor ever will disgrace them. In 1793 she enacted a statute providing for the prompt return of fugitive slaves found within her
limits. She subjected any judge required to act under it, to imprisonment, if he neglected to perform his duties. That law has
ever since been in force. It was reenacted in 1836, and again in
1846, when some of its defects were amended. Courteous as just,
180 
REMARKS OF MR. FRELINGHUYSEN.
she provided by another law, passed in 1820, that any southern
gentleman visiting her territory, might bring with him his house hold slaves, travel in, through, and out of the State, or even take
up his temporary residence as securely in this respect as at home.
This law was reenacted in 1847, and again in 1855; one of my
worthy colleagues here was associated, upon the commission which
revised this act, with that distinguished New Jersey Republican,
WILLIAM L. DAYTON.
In the recent unhappy political contest, New Jersey, ever
anxious to do justice to all sections of the Union, and injustice to
none, as if hesitating and doubtful toward which of the two
parties in that struggle she ought to incline, extended her fraternal hands to North and South, by giving one-half her electoral
vote to each' thus showing that she still retains her unselfish
spirit, which leads her to sacrifice her own preferences to her
duty to the Union.
In the same spirit to-day she bears her full share of the heavy
sorrow that rests, like a pall, over the people of the whole country as they witness this glorious fabric, which our fathers erected
and cemented with their blood and their prayers trembling,
shattered, and dismembered. In the conciliatory spirit of my State,
I, as a Jerseyman, proud of the title and every thing connected
with it, wish to say a word to the South in all frankness and
candor. I freely tell you that, in my opinion, you have a right
to guarantees, and to constitutional guarantees. It is no answer
to say that the Constitution has not been broken. That is not
the question now. Reference has been made to the fact that
WAsuINGTON signed the present Constitution.  Yes, but when he
did so we had a population of but three millions, and now we
have a population of upward of thirty millions. Is it surprising
that some change should be required in that instrument with this
great change in the nation? The balance of power so long fluctuating between the free and the slaveholding States has at
length entirely changed. It has now come to us of the free
States, and therefore we are bound to respect the claims of the
South, and quiet the apprehensions of its people.
It is of little use to make patriotic speeches here. The South
demands guarantees, and I feel under obligations to respond to
that demand. I assert as a general principle, that whoever has
181 
REMARKS OF MR. FRELINGHUSYEN.
a right is entitled to have it guaranteed. I believe there is not a
gentleman here, who, in his heart, does not think so. If it is
right for them to have these guarantees at all, they should have
them to-day. I do not care whether Virginia occupies a menacing
attitude or not, my moral code is still the same; it is not effected
by any thing that has been done or can be done by Virginia or
any other State. It is my belief that nineteen-twentieths of the
people of the North to-day are in favor of giving to the South all
the guarantees it asks against all interference with slavery in the
territories.  Some say, "We admit this, but we will do nothing
until the Republican President is inaugurated on the 4th of
March."  I am ready to do it now; and my obligations to do
right will not be changed by the 4th of March rolling over my
head.
Gentlemen have made eloquent and patriotic speeches assert.
ing their determination not to interfere with the rights of the
South. That is very pleasant and very proper. But those
speeches are the expressions of individuals, and they pass away.
Where is the man who will consent to hold any political right at
the will of any man or class of men, no matter how kindly disposed? We all require security. The highest and grandest aim
and object of government is not the stability and peace of society,
but a well-grounded confidence in the minds of the people of the
perpetuity of that stability and peace.
The South asks the right to use and occupy a portion of the
common territory of the country. As a northern man I will accept the compromise, and I believe a large majority of the people
will agree with me. You, gentlemen of the South, have asked
that the arrangement may be extended to territory hereafter to
be acquired. New Jersey has voted in this Convention against
interference with slavery in the territory, present or future, and
she is the only northern State that has cast her vote in favor of
your demand. Her representatives have been told somewhat
sneeringly, that while slaveholding States voted against this
proposition, New Jersey was the only free State that voted for it.
Well, we accept the responsibility, and will bear it. New Jersey
has made up her record. There it stands, and there let it stand
forever. We are proud of it. If civil war is to come, if this land
is to be deluged with fraternal blood, when that time comes there
182 
REMARKS OF MR. FRELINGHUSYEN.
will not be a northern State represented here that would not give
untold millions to be placed upon that record by the side of New
Jersey.
The fact is, sir, we have acquired our liberties too cheaply.
Had we purchased them at the cost our fathers did, by coloring
the snows of winter by our blood tracks, and by passing the sum mers in the unhealthy morass, we should have learned to prize
them more highly; we should be more patriotic and less proud,
more sensible and less sensitive.
A word further on the subject of extending this provision to
territory hereafter acquired. Gentlemen, you do not want that
provision; you do not need any provision as to future acquisitions.  You are better off without it.  No present rights are involved in it. You are providing for a contingency which may
never, and probably never will happen. Would it not be inconsistent for a nation to commit suicide because a constitution is
not made to meet an improbable contiingency a You have territory enough for the next two hundred years. You say you require it to maintain your honor, to preserve your fair equality, to
maintain your lawful rights. Permit me to say you have no
rights in territory which we never owned, and I hope never may.
This is no question of honor or equality. But if we should acquire territory and should then exclude you from it, will it not
then be time enough to resort to the expedient of national suicide
as a remedy for the wrong.  Nor do you require it for ally particular purpose. You have within your States room for all the
increase of a century. Your interest is to retain your sons at
home and develop the wealth and advance the prosperity of
your States, and not to send them to the western wilderness
where one-half die in the process of acclimation. The fact that
you are all in favor of placing in the Constitution new restrictions as to the acuisition of territory, proves you do not consider
you need more territory. I heard it said, the other day, by a
gentleman from Virginia, that the South wanted the provision
for a finality, to end forever this dispute about slavery. WVith
all my heart I sympathize with him  in his desire to end this
discussion forever. You think you have suffered from these discussions'at the South; so have we at the North. It has separated
families and neighborhoods; it has broken up and scattered
183 
REMARKS OF MR.  FR]ELINGIIUSYEN.
Christian churches; it has severed every benevolent society of
the land; it has destroyed parties; it broke up the good old Whig
party, and more recently sapped the strength and vigor from the
Hlerculean Democracy. It now threatens the dissolution of the
Union.  Let us crush the head of the monster forever.  Let us do
it by restricting and defining its limits in existing territory.
Suppose the word " future" had been inserted. You do not
wish to destroy all probability of tke adoption of this proposition
at the North. These proposals could not pass Congress, with the
word " future," by the requisite vote; and if it passed Congress,
there is no hope that twenty-five out of twenlty-eight States would
have adopted it. With it you would have given great strength
to the opposition at the North. It would have created a more
powerful anti-slavery party than ever before existed. No, you
are better off by confining the provisions of this compromise to
present territory-you having, as well as the North, in the contemplated amendment a veto on the acquisition of territory.
The North will want new territory before you will desire it.
They will demand Mexico and Cuba for the advantages of trade.
You then, having the veto power, can say to them-No, gentlemen, we will not agree to it unless our particular institution is
there respected; or, if you please, you may go further and say,
We will not acquiesce unless this territory comes in as a slave
State so as to restore measurably the balance of power in the
Government. With this veto power you would have the North
in your hands, and could make your own terms. You make the
provision more of a finality by letting it stand as it is.
But gentlemen say, they want the amendment for another purpose, in order that they may induce States that have gone out
to return.  IHere, again, I sympathize with you.  I had rather
bring back South Carolina than to secure the annexation of both
the Canadas. I would give more for one American than for a
regiment of John Bulls. Ungenerous as South Carolina has
been, I would receive her home again. I desire the States to
return. Let their place at the Federal Board remain vacant for
them. Let the stars of their sovereignty on our nation's ensign
remain unobliterated and without further dishonor. We are
ready to receive them. But this provision as to future territory
is not necessary for their return. The same considerations to
184 
REMARKS OF MR. FRELINGHUYSEN.
which I have alluded, and which will satisfy you that such provision is not requisite, will satisfy them. The guarantees which
the North are ready to give as to the representation, taxation,
and return of property, and the compromise as to the existing
territory, will do much to satisfy them. To effect a compromise,
you of the South must demand as little as you can render satisfactory to your people, and we of the North must give as much
as our people will approve, and both parties must consent to
avoid all objectionable phraseology.
Now, a few words to my friends of the North. There is resting upon us a grave responsibility. We are bound to settle this
question finally in this Convention. Talk about a convention of
the people! We who have no constitution, we who are tied up
to no technicalities, must settle it.  We of the North may meet
political death; but let political death come, it is enough to have
lived for, if we can settle this question.
But one asks, Will you strike hands with treason, and enter
into compacts with rebels and traitors? Yes, sir! I will strike
hands with just such rebels and traitors as I see around me; and
I would give them what they ask as cheerfully and as freely as I
would give a glass of water to a soldier returning wounded and
weary from the field of battle.
But it is said we must first see whether we have a Government.  We must try the strength of the Government.   We must
know whether the Government can assert its supremacy and compel obedience to its laws. Sir, that is just what I do not want
to try. What, try the strength of the Government! and do so at
the end of an administration in which corruption and treason and
every evil principle have been contending for the mastery, when
our ships are all away beyond sea, when our arms and our fortifications are out of our hands, when our treasury is bankrupt, our
people divided, insolvency and ruin threatening our country, and
all the Gulf States defying the authority of the Government?
No, sir! this is no time to try the strength of the Government.
When we do that, let us select some more auspicious period.
But another says these proposals of amendment contravene
the Chicago platform.  What if they do?  Is the Chicago platform a law to us?  Is it a law to any one?  It was passed upon
ten minutes' consideration in a convention of five thousand people.
185 
REM ARKS OF MR. FRELINGHUYSEN.
If it was a law, the convention should have been perpetual and
never dissolved, in order that the law might have been subject to
requisite modifications without a change of circumstances. A
strange manner in which to enact such a law! But thilngs have
changed since the Chicago Convention. In fifty days, fifty years
of history have transpired. This is enough to release us from the
obligation, if any existed. It is not a law; it is a doctrine, the
spirit, the policy of the party that it undertakes to enunciate. It
is not a law, because a majority of the people have never given
it their sanction.  Mr. Lincoln was elected by less than a majority. And in his vote how many old Whigs and Democrats may
be counted who did not support him because he stood upon the
Chicago platform, but because they preferred him to either of the
opposing candidates. And even if it is a law, I call upon the
North to support the proposals of amendment here submitted.
Let us, as Republicans, be honest, and when the opportunity
offers are we not bound so to change the Constitution that threefourths of all our present territory, now open to slavery, shall be
consecrated to freedomS Yes, we are bound to relieve that
three-fourths from slavery. All we need to do to secure this, is
not to carry slavery where it is not, but to secure it where it is.
I can go home to the Republicans of New Jersey with a clear
conscience and say to them, that by our action here we have not
carried slavery one inch farther than it was before.  If they are
not satisfied with that, they must be dissatisfied.
But there is one plank in the Chicago platform to which I
will call the attention of my Republican friends. It must not be
forgotten. I read from a genuine copy which I brought from
Chicago myself.
"Resolved, That to the Union of the States, this nation owes its unprecedented increase in population, its surpassing development of internal resources,:its rapid augmentation of wealth, its happiness at home and its
honor abroad, and we hold in abhorrence all schemes of disunion, come
from whatever source they may."
It is a rule of construction, that all parts of an instrument
must be construed together; that due regard and effect must be
given to all parts of it, unless they are clearly repugnant. Will
any gentleman tell me how the Union can be more effectually
preserved than by controlling disunion? It is by granting what
186 
REMAKS OF MR. FRELINGHUYSEN.
is asked to those who might disturb its tranquillity, when they ask
nothing unreasonable. This resolution every patriot can subscribe to; and I hold that it can be as effectually violated by the
neglect to do all we can to turn aside disunion, as by affirmative
action against the Government. And let me say that the party in
this country which goes between the people and the preservation
of the Union, will sink so low, eventually, that a bubble will not
return to mark the spot where it went down. But I cannot
understand how any one who is honestly opposed to the extension
of slavery, as a political institution, can refuse the compromise
proposed. The federal courts, to which we have committed the
power, have decided that slavery, of right, goes into all the territories.  The distinguished Republican from  Massachusetts has
told us that the court cannot be so organized, even if we keep the
power, as to change that decision in twenty-five years. In that
time the whole question will be determined. Now we have an
opportunity, at once and forever, by constitutional enactment, to
prohibit slavery from going into three-fourths of the territory, by
simply agreeing that as to the other one-fourth, while it remains
a territory, the status of slavery shall not be changed. I confess
I have not the ingenuity to contrive how I should apologize to
an audience of Republicans for refusing such a contract.
Now, what can we of the North, we Republicans, do?  By a
settlement here we can retain the Bordler States, and, in my opin ion, that is equivalent to saving the Union. Retain the Border
States and the seceding States must come back.  If the Border
States go, I believe war is inevitable. How can two sections
exist with only an imaginary line between them. I do not
believe the South will ever consent to give up the Capital, claimed
to be within her borders, and the North could never surren der it. Sir, I shrink from the prospect of civil war. The
picture of civil war has often been painted, and by abler hands
than mine. Its calamities and miseries, the sufferings that attend
it, strike a chill of horror to the soul.  But such a picture as a
civil war in this country would be, has never been drawn. His tory would be searched in vain for its parallel. A civil war
between the members of a family, between brother and brother,
father and son, who have all enjoyed the same blessings which their
fathers made early and bloody sacrifices to secure! Shall it be
187 
REMARKS OF MR. FRELINGHUYSEN.
said that such a people, for such a cause, risked their interests,
their country, their all, and rushed blindly into the calamities of
a civil war?  He has read history to little account who has not
learned that such a warfare is, in its nature, not only cruel, but
protracted. It is like letting loose the hurricane. Passion and
poverty, carnage and crime, desolation and death, become the
condition of a hitherto happy people. For thirty years Germany
was ravaged, and millions slain by a contest occasioned by a dif ference in religious opinions. For more than thirty years the
war of the Roses devastated England. The French Revolution,
including the "Reign of Terror"-originating in a question of taxa tion and terminating with the supremacy of Napoleon-lasted
nearly ten years. For a like decade civil war raged between
England and Scotland, originating in a question of authority
between the King and Commons, and ending in Cromnwell's
protectorate. WAhy, I ask, if we admit this fiendish visitant to our
borders, should we anticipate that our fate would be more favora ble?  No! war is to be averted, and a nation still covered with
glory is to be preserved by holding the Border States in the
Union.
If I am asked what I would do; I answer, Compromisecompromise! Two gentlemen cannot live in a parlor together a
single day without reciprocal compromises. I would not be
"stiff in the back and firm' in the knees." There is such a thing
as too much "backbone."  I say I would "back down" to save
the country. I am not ashamed of the expression. Our Government itself was a compromise, and in nothing more so than as
to the slavery question. HExRY CLAY was the great compromiser.
The Missouri Compromise was his. Resigning his office as
Speaker, on the floor of Congress by irresistible argument, and
eloquence unequalled-though twice defeated, he succeeded in
establishing the compromise line of 36~ 30'-and thereby erected
a barrier which severed the angry currents of opinion on this
distracting theme, and which was as valuable to this nation as
the isthmus at the equator, holding in check the mighty ocean
on either side. The North has compromised before; let her do
it again. Let our friends at the South take as little as they can,
and let the North yield as little as she can, but let us come
together. The party that stands between the people and the
188 
REMARKS OF MR. WICKLIFFE.
preservation of the Government will be crushed to atoms. It will
be remembered in history only with curses and indignation.
We all love this Union, and we mean to preserve it. There
is no one here who, as he has witnessed the freedom, the comfort,
the prosperity, and the pure religion disseminated among the
people, has not hoped this nation was to accomplish great
social and moral good for our whole race. Yes, in fond conception we have seen her the Liberator and Equalizer of the worldwalking like an angel of light in the dark portions of the earth.
These sacred anticipations may not be disappointed without a
fearful accountability somewhere. And, sir, suffer me to say
that this whole people have a strong regard for each Other, notwithstanding the petulant differences which have arisen between
us. Kindred blood flows in our veins, and that of our fathers
mingles on the same field; and even now, in the day of our country's peril, our affections meet at the hallowed grounds of Mt.
Vernon, of Marshfield, and of Ashland.
We have our history. WASnINGTOl and FRATxILIN, and HENRY
and SUMTER, as well as Bunker Hill, and Yorktown, and Trenton, are yours, and they are all ours.
We have our religion-and with every diurnal revolution of
this sphere, from North and South, through the efficacy of a
common faith, a goodly company are ascending to that realm of
peace where their harmonious union shall never more be severed.
And to-day, from a thousand hearthstones in the sunny South,
and in the more rigid North, the family prayer ascends to the
Father of us all, for a blessing on our common country and for
the preservation of this Union. Those prayers will be heard,
and this priceless Union will be preserved.
Mr. WICKLIFFE:-I wish to call the attention of the Conference for a moment to another subject, in order that members
may give it their consideration. I shall call up my motion to
terminate the debate upon the report of the committee early tomorrow, and ask to have the discussion closed on the 21st instant.
I am sure that I shall be sustained in this by every member who
wishes to have this body come to any agreement.  I wish to have
the vote taken on the twenty-second day of February, that we
may see whether the same day that gave a WAsuINGTON to our
Fathers, may not give PEAc. to their posterity.
189 
REMARKS OF MR. DODGE.
MIRf. DODGE:-I have listened with intense interest to the
addresses which have recently been made to the Conference. I
respect the ability which they have exhibited-I honor the
patriotism which has produced thein.  They have presented the
important principles involved in the action of this Conference in
a much more interesting and forcible manner than I could; and I
would not oceLpy the attention of this body with a single observation, if I had the good fortune to be associated with a delegation in which unanimity of opinion and feeling prevailed.  But
I am not so fortunate. In that delegation I find many shades of
opinion. I respect the views of my brother delegates. It is not
for me to assume to sit in judgment upon them. I give each one
of them credit for the same honesty and integrity which I claim
for myself; and if I happen to differ from them, I claim that such
difference honestly arises from the different paths in life which
we pursue, which may lead us to take different views of the same
subjects as they are here presented.
The Conference has heard thie ideas of political and professional men expressed upon the important questions now presented
for its consideration. These ideas have been well expressed, and
we have all been interested ill hearing them, Will you now hear
a few words from a body of men who have hitherto been silent
here, but who have a deep and abiding interest in the happiness
and prosperity of the country and in the preservation and perpetuity of the American Union?
Sir! I am here as a plain merchant, out of place, I very well
know, in such a Conference as this; but accident has brought me
here, and I will tell you how and why I came. Three weeks ago
I left my business-which in times like these certainly deserves
all my attention-to come to the city of Washington on business
of a public character. I came at the suggestion and request of
the Chamber of Commerce of New York, hoping, in my humble
way, to serve the public interests in this crisis. Inconvenient
though it was, and involving personal sacrifices of no ordinary
character, when others thought my country had need of my poor
services, I did not hesitate to respond to her call. And I hope I
may never hesitate under such circumstances.
I came here to visit Congress, as a member of a committee,
bearing a petition to that body signed by more than thirty-nine
190
I 
REMARES OF MR. DODGE.
thousand of my fellow-citizens, all interested in the welfare and
permanence of this Government. This number included more
than twenty thousand business men and firms. This petition
was earnest and emphatic. In it, we asked and prayed that Con gress would adopt some plan that would settle our present sec tional troubles; that would relieve the country from the anxiety
and apprehension which pervaded it, and permit business and
commerce to resume their accustomed channels, with assurances
of safety in the future.  We  knew that the time had arrived
when  patriotic men must act; that commercial and financial
ruin was impending. Our petition set forth, that in the opinion
of the signers, the plan contained in what were called the "Border
State Resolutions" was best calculated to secure the end desired.
We thought those resolutions ought to be satisfactory to the
reasonable and true Union men of the South, and that they ought
not to be obnoxious to the prejudices or objections of the people
of the free States. Still we were not strenuous-we were not
committed to any particular plan. All we desired, was to secure
such action on the part of Congress and the Executive, as would
satisfy the country; suchl action as would give the country peace.
When we came to Washington we met seventy republican
members of the Senate and Hiouse of Representatives. We had
with them a most satisfactory and delightful interview. It gave
me renewed hope for my country and her interests when I heard
the expressions of conciliation and good will which these gentlemen used; I felt my confidence renewed.
Besides these gentlemen, who met and heartily cooperated
with us, there were several members from the Border States
whose expressions were not less friendly, although they did not
think it expedient to act with us. Our committee made all the
representations and explanations which were deemed necessary;
and having performed my duty in that connection, in the earnest
hope that we had influenced the action of Congress in the right
direction, I was about to return home with my colleagues, when
I received a telegraphic despatch requesting me to attend the
meeting of this Conference.  I obeyed the summons; and since I
received it, I have been laboring with all the ability, strength,
and power with which GOD has blessed me, to secure the adoption of some plan here, that would settle our difficulties and
191 
REM AKS OF MR. DODGE.
avert from our beloved country the evils with which she is now
threatened.
Sir, there has not one moment passed since I came here,
during which I have not felt a deep and overpowering sense of
the grave responsibility which rests upon myself and the other
members of this Conference. I am accustomed to the trials,
vexations, cares, and responsibilities of business; I know how to
meet and grapple with them calmly. But I do not feel so here.
My days are anxious and excited-my nights are wakeful and
sleepless.  In all the weary watches of last night, I could not close
my eyes in slumber. The reason was, because I saw from a
point of view which you do not, the certain and inevitable ruin
that is threatening the business, commercial interests of this
country, and which is sure to fall with crushing force upon those
interests, unless we come to some arrangement here.
I speak to you now as a business man-as a merchant of New
York, the commercial metropolis of the nation.  I am  no politician, I have no interest except such as is common to the people, But let me assure you, that even I can scarcely realize,
much less describe, the stagnation whhic has now settled upon
the business and commerce of that great city, caused solely by the
unsettled and uncertain condition of the questions which we are
endeavoring to arrange and settle here.
I tell you what I do not get from second hands, but what I
know myself, when I assure you that had not Divine Providence
poured out its blessings upon the great West in an abundant
harvest, and at the same time opened a new market for that
harvest in foreign lands, bringing it through New York in its
transit, our city would now present the silence and the quiet of
the Sabbath day.  Why is this?  It is because we, who have
lived together in harmony with each other, a powerful and a
happy people, are breaking up-are preparing to separate and go
out from one another!
The merchants of our great commercial cities of Baltimore,
Philadelphia, New York, and Boston, are not listless or unenterprising men. They are accustomed to the interests, the bustle,
the excitement of business. They have heretofore seen their
stores crowded with buyers. During the day the interiors of
their places of business were like busy hives.  Not unfrequently
192 
REMARKS OF MR. DODGE.
have their clerks been obliged to labor all through the night to
secure and send off the goods which they had sold to reliable
customers during the day. When business is good and driving
throughout our commorcial cities, wealth and comfort are secured
to merchants and agents engaged in commerce in those cities, and
it indicates general prosperity in the country to which the goods
purchased are transmitted. It shows a healthy condition of
affairs both in city and country.
How stands the matter in those cities to-day?  Now, just
when the spring trade should be commencing, go to the extensive and magnificent establishments for the sale of goods in any
of the cities I have named, where goods are sold which in prosperous times found their way into almost every family to a
greater or less amount in this great country. What will you see
in those cities now? The heavy stocks of goods imported last
autumn, or laid in from our own manufactories, remain undisturbed and untouched upon the shelves. The customers are not therethey have not made their appearance. The few who have come
at all, come not as buyers, but as debtors who cannot pay, and
whose business is not to make purchases but to arrange for extensions. The merchants, in despair, are poring over their ledgers;
checking off the names of their insolvent debtors, a new list of
whom comes by each day's mail. Their clerks sit around in idleness reading the newspapers, or thinking mournfully of the wives
and children at home, who will go unclad and hungry if they are
discharged from their places, as they know they must be, if this
condition of things shall continue. All alike, employers and employed, with all dependent upon them, are looking anxiously, and
I wish I could say hopefully, to the Congress of the United
States, or to this Conference, as the only sources from which
help may come.
There are thousands and tens of thousands belonging to these
classes all over the country who must have relief, or their ruin is
inevitable. And then look at that other class, numerically larger,
perhaps, certainly not less worthy of our regard, who are dependent upon these; I mean the mechanics, the day laborers, and those
in turn dependent upon them.  What are they to do?  If some
change does not come, if something is not done again to start the
wheels of commerce and business, what is to become of them?
13
193 
REMARKS OF MR. DODGE.
And look, too, at New England! She has latterly been the
workshop of the South and the West. She has furnished their
people with her manufactures-they have been her market. An
excellent market, too, have they furnished her; she has grown
rich through their consumption. How stands the matter with
New England to-day?  True, some of her shops are running, but
many more are still.  The noise of the loom, the rattle of the
shuttle, have ceased in many of her factories, while others are
gradually discharging their operatives and closing their business.
But I will pursue this branch of the subject no farther. No one
acquainted with the facts, will deny that the whole country is
upon the eve of such a financial crisis as it has never seen-that
this crisis will come as sure as that the sun will rise, unless we do
something to avert it!
What is it that has thus stopped the wheels of manufactures
and arrested the ordinary movements of commerce? What is it
that has produced this unusual and uncommon stagnation of
business? What is it that has driven away from the markets of
the North those hitherto so welcome to them?  I do not propose
to go into the history of these questions. I will not attempt to
enlarge upon the answers to them. I can condense the answer
into few words. It is because anxiety, distrust, and apprehension,
are universally prevailing. Confidence is lost. The North misunderstands the South-the South misunderstands the North.
Neither will trust the other, and the consequences to which I
have adverted necessarily follow.
I am a merchant. I am unused to public discussions or arguments, but I am a business man, and I take a business view of
this subject. I can see as clearly as I can see the sun at noonday the causes of our present embarrassment. I believe I can see
equally clear how those causes may be removed.
We have come here for a grand and lofty purpose. What
nobler work can engage the mind of a true patriot than that of
devising the means of saving his country when it is in peril?
That work is ours. In performing it, are we not acting under a
grave and solemn responsibility?  We are, sir!  The _eope will
hold us responsible for the manner in which we perform this great
trust. I know the people of this country. They value this
Unions They will make great sacrifices to save it. They will
194 
REMARKS OF MR. DODGE.
disregard politics and parties-they will cast platforms to the
winds of heaven, before they will place the Union in peril.
The delegates from New England in this Conference seem to
be the most obstinate and uncompromising. They aver that they
cannot agree to these propositions because their adoption involves
a sacrifice of principles that New England is opposed to slavery,
and will not consent to put it into the Constitution, nor to its ex  tension. They say the people hate slavery, and will not for that
reason accept these proposals.
I do not believe one word of this. I know the people of New
England well; they are true Yankees; they know how to get the
dollars, and how to hold on to them when they have got them.
They are a shrewd and calculating as well as an enterprising
people; they understand their interests and will protect them.
They will not sit quietly by and see their property sacrificed or
reduced in value. Once show them that it is necessary to adopt
these propositions of amendment in order to secure the perma  nence of the Government, and to keep up the property and other
material interests of the country, and they will adopt them
readily. You will hear no more said about slavery or platforms.
They will never permit this Government, which has contributed
so much to their wealth and prosperity, to be sacrificed to a techni  cality, a chimera. The people of New England know how to
take care of themselves. Give them a chance, and they will set tle all these points of difference in some peaceful way.
I am not here to argue or discuss constitutional questions.
That duty belongs to gentlemen of the legal profession. I have
lived under the Constitution. I venerate it and its authors as
highly as any man here. But I do not venerate it so highly as
to induce me to witness the destruction of the Government rather
than see the Constitution amended or improved.
I regret that the gentlemen composing the committee did
not approach these questions more in the manner of merchants
or commercial men. We would not have sacrificed our princi ples, but we would have agreed-have brought our minds to gether as far as we could; we would have left open as few ques* tions as possible. These we would have arranged by mutual
concessions.
Mr. PRESIDENT, I speak as a merchant; I have a deep and
195 
REMARKS OF MR. SMrrITH.
abiding interest in my country and its Government. I love my
country; my heart is filled with sorrow as I witness the dangers
by which it is surrounded. But I came here for.peace. The
country longs for peace; and if these proposals of amendment
will give us peace, the prayer of my heart is, that they may be
adopted. Believing such will be their effect, I will vote for them.
I would like to say much more, but I will not occupy time that
is now so valuable. Let us approach these questions in a spirit
of conciliation. Above all, let us agree upon something. Let us
do the best we can, and then let us go home and ask the people
to approve our action. The people will approve it, and their approval will give uspeace!
Mr. SMITII, of New York:-I did not propose to take any
part in this debate. The Conference is made up of men, many
of whose names are historical, and are intimately connected with
the history of the country.  I preferred to leave the whole discussion to them.
But as we are all seeking a common end, there are some
views which have occurred to me that I thought should be
presented, inasmuch as they appear not to have engaged the
attention of others. New York, I am aware, has occupied considerable time, and I owe an apology on her part for trespassing
farther upon your time.
We are here in a family meeting. On one side Virginia
thought the parent was so ill that the family ought to be called
together. I thought yesterday that we were undergoing some
family discipline-that New York had in some way disgraced
herself, and needed correction. I did not know what she had
done; but I supposed the reproof was administered to her in a
kindly spirit, though it was uncalled for.
The work proposed to us is, to be sure, a work of conciliation.
But call it by whatever name you may, nothing less is proposed
than an alteration of the Constitution. When we are asked to alter
a Constitution that was made by WAsmGTON and MADIsON, under
which the country has grown to wealth and happiness, we
certainly ought to approach the subject with the utmost deliber ation.  If we were settling family differences only, we would
deliberate.. iHow much more should we do so when we are
dealing with the great principles which uphold our Government!
196 
REMARKS OF MR. SMITH.
It is by great principles that nations are governed and their
destinies are shaped. The world is governed by ideas and not by
material interests. These facts must be kept distinctly in view
by those who take upon themselves the business of making constitutions.
It is stated that we are called here to settle the terms upon
which certain sectional differences are to be arranged.   We
ought, then, first to ascertain what is the extent-what the limit
of these differences.
In the first place, it is agreed that no constitutional rights
have yet been invaded. The occasion for fear is not what kas
been, but what may be done.  I suppose we are all alike tenacious
of our rights, whether we derive them from the Constitution or
from any other source. The rights of the State are just as important to New York as to Virginia. But it is said that appearances exist that indicate an intention on our part to interfere
with some of the institutions of the South. We ask for the
proof. None is forthcoming-nothing but the most vague and
indefinite suspicion.
We propose to give the most satisfactory and absolute guarantees on that subject-the subject of interference with Southern
institutions-even to put those guarantees into the Constitution.
But that is not satisfactory-we are told that we cannot be
trusted. I should hope that no Northern State could ever be
truthfully required to admit that it had given cause for such an
apprehension. But it is evident that this is not the real occasion
of calling us together. What, then, is the occasion?
It is said, that certain sectional rights in the Territories must
be secured and guaranteed. In that view I desire to call the
attention of the Conference to two or three points in the plan of
the proposed security.
As I understand the scheme, it is this: It is proposed to
divide our present territory by the line of 36~ 30', with a view to
have emigration from the free States go north, and from the
slave States go south of that line. This is made in connection
with a limitation preventing the acquisition of future territory.
Now the first thing that impresses me is the objection to placing
any such restraints upon emigration.
Mr. CLAY:-I  think the gentleman  misunderstands  the
197 
REMARKS OF MR. SMITI.
report. I have seen no proposition that proposes to confine or
restrain emigration.
Mr. SMITH:-I concede that there is no express provision
restricting emigration, but such I think will be the effect of the
amendments.
By the third section, Congress is prohibited, forever, from
interfering with the subject of slaves, and the sixth section makes
the others, with certain provisions of the Constitution as it now
stands, irrepealable and unchangeable. No matter how much tlhe
condition of the country may change; no matter if all but the
most inconsiderable fraction of the people may desire to change
them; these propositions must stand as long as this country
stands, a part of its fundamental law.
These are the general provisions which the scheme contains.
It is offered as a measure of peace; of conciliation; to calm and
quiet the existing excitement.
I think I am right in saying that when you are making a
constitution you should consider all the conditions of the people
who are to be governed by it; that you should keep in view all
sections and opinions. It is my belief that instead of calming
the excitement these propositions will aggravate it-will arouse
it to a pitch it has never yet attained. I believe this, because the
entire proposition goes counter to the fundamental ideas upon
which our Government is based.
It proposes to establish slavery South.  Is not this the first
time in the history of the Constitution that it has ever been proposed, by affixing an article to that instrument, to es8tablis/to
plant slavery in territory which was free when it was acquired?
The ordinance of 1787 prohibited slavery from going into the
territory which was acquired by it.
In similar language the article proposes to abolish slavery in
the territory north of the line. It is well to consider what is the
legal condition of that territory now. New Mexico and Arizona
were free when we first acquired them. Is not this provision
wholly unnecessary?   Mr. CLAY left such language out of the
Missouri Compromise, as he avowed, on the ground that slavery
could not legally go into territory free when it was acquired,
without the aid of affirmntive legislation. Previous and up to
198 
REMARKS OF MR. SMITH.
the year 1850, there was no difference of opinion among lawyers
on this question. All agreed with Mr. CLAY.
Now, slavery has gone into a portion of this territory;
violently too; without such legislation. Limits are prescribed
to it, it is true, but it is there, and in this way. That is the
status which is to be recognized, constitutionalized by these
articles. I am aware that there is a law of the territory that
authorizes slavery, but slavery went there without law, in spite
of the opinions and opposition of Mr. CLAY.
This is shown by the debate of 1850. It is proposed now to
convert the territory south of the line of 36~ 30' into slave terri tory, and to make that conversion irrevocable. Suppose these
propositions had been applied at the moment the territory was
acquired. Then certainly slavery would have been carried there
by force of these articles alone. The principle would have been
the same; one case being no stronger than the other.
Mr. PREsIDmFT, I shall not enter into any discussion of the
merits or demerits of the question in any other than its political
aspects. I have nothing to say respecting the morals of slavery.
If there is virtue in the institution, you have the credit of it; if
there is sin, you must answer for it. And here let me say that
you discuss the moral aspect of slavery much more than we do.
We hold it to be strictly a State institution. So long as it is
kept there, we have nothing to do with it. It is only when it
thrusts itself outside of State limits, and seeks to acquire power
and strength by spreading itself over new ground, that we insist
upon our objections.
Whatever the consequences may be, we should not conceal
from each other the true condition of public opinion in our respective sections. A correct knowledge of this is essential and
indispensable. It is in view of this opinion that our proposals
should be framed, if they are ever to be adopted. The settled
convictions of a people formed upon mature examination and
experience, cannot be easily changed. This should be understood
at the outset.
Now, I respectfully submit that no sentiment, no opinion
ever took a firmer hold of the Northern mind-ever struck more
deeply into it-ever became more pervading, or was ever adopted
after maturer consideration, than this: That it is impolitic and
199 
REMARKS OF MR. SMITRH.
wrong to convert free territory into slave territory. With such
convictions the North will never consent to such conversion.
Never! never!
This was the view of Mr. CLAY.  His opinion always had
great weight at the North. Mr. CLAYTON, of Delaware, declared
to the same purpose, and avowed that Northern men could not
be expected to consent to this. We, at least; know how this
* opinion is consecrated in the hearts of the people of the North,
and how idle it is for statesmen to run counter to it.
We are told by the gentleman from Maryland, that all the
South wants is to have the force of the decision of the Supreme
Court acknowledged as to that part of the territory south of the
line, in consideration of which the South will yield what she
gains by that decision in the territory north; and also that we
must do this, or the slave States will be driven to join those
States that have seceded. Now, it is due to frankness to say,
that the North does not acquiesce in that statement; that the
point as made by the gentleman from Maryland, has been decded
by the Supreme Court. We know that the Chief Justice of that
court has expressed his own opinion that way; but we don't
know that it has been decided by that court. But if it has been
so decided, the very ground of the decision ls a misapprehension.
If I rightly understand the language of Chief Justice TANEY, he
insists that the Constitution expressly affirms the right of
property in slaves. I think it does not. The North thinks it
does not.
Mr. SMITH then proceeded to discuss the facts in the Dred Scott case, and
the various opinions declared by the judges, showing that the decision did
not extend so far as claimed by Mr. JOHNSON, and that the question of the
right to hold slaves in the Territories was not presented by the record in
that case.
Mr. WICKLIFFE:-There were two questions involved in
the Dred Scott case. One was, the authority of Scott to sue;
the other was, upon the constitutionality of the Missouri Compromise. Both these were decided in that case, and both were
decided by the Supreme Court years ago.
Mr. SMITIt:-I am aware of the views taken by the gentleman from Kentucky. I am stating as a matter of fact how this
decision is regarded by a large portion of the people of the
200 
REMIARKS OF MR. SMITH.
North. I am aware that the Southern construction of the
decision is different, and some at the North concur in it. I am
trying to see how the majority propositions will suit the people
who agree with the Northern view.
I understand it is claimed that the court decided that slaves
were property, and that the Constitution did not permit any
restraint to be laid upon the owners of that property in the
Territories. Yes, the court did decide that the owner had the
right to take his slaves into the Territory and hold them there;
and to that extent they were property. It is a prevalent idea at
the North that the Southern construction of this decision is not
fair, and that it would be dangerous to adopt it.
We  do not subscribe to the doctrine that the Constitution
expressly affirms the right of property in slaves. We may be
wrong; it may be a mere misapprehension. But with their
present opinions, the people of the North will hesitate long
before they make this express affirmation a part of the organic
law.
Again; if the Constitution affirms this right, and was understood to do so by its framers, what was the need of the rendition
clause? The Constitution is the supreme law in the free States
as well as in the slave States. Under this construction the rights
of the owner could have been enforced like any other right of
property in the courts of law, without any provision for the
rendition of slaves.
These are some of the opinions that are entertained at the
North. They may be right or they may be wrong, but they
have been deliberately adopted, and they prevail extensively.
They cannot be changed by our action here. In all we do they
must be respected.  They are constitutionally entertained.
This proposition to carry slavery into the Territories, opens
the discussion of the merits of that institution. Gentlemen say
they wish to stop the discussion; that there has been too much
of it already; that such a discussion would be especially unfortunate now. I do not propose to enter upon it here. But I
desire to know in what manner you could more effectually invite
discussion than by placing your proposed amendments before the
people?
You must not forget that the people of the North believe
201 
REMARKS OF MR. SMITH.
slavery is both a moral and a political evil. They recognize the
right of the States to have it, to regulate it as they please, without interference, direct or indirect; but when it is proposed to
extend it into territory where it did not before exist, it becomes a
political question. in which they are interested, in which they have a
right to interfere, and in which they will interfere. Such an attempt
they consider it their duty to resist by all constitutional means.
The establishing of slavery in the Territories is the practical
exclusion of free labor in them. True, there is no direct provision for the exclusion of free labor in your propositions, but such
will certainly be their effect. I appeal to gentlemen from the
South to say from their own experience whether free labor can
be employed side by side with slave labor. This presents another
consideration.   You of the South ask us to guarantee a right
which you say is very important and very dear to you. You
ask that your children may enter into and possess these new
Territories. We know it. But the North asks the same privilege. We want our children to go there, and live on the labor
of their own free hands. They are excluded if slavery goes there
before us.
Mr. PRESImENT, the people of the North do understand that
we are in a contest-a great and important contest. Yet it is
one that can be carried on without trampling upon each other's
rights-without attempting to secure any unfair advantage.
That is the way the North proposes to carry on this contest in
relation to the extension of slavery.  This contest is between the
owners of slaves on the one side, and all the free men of this
great nation on the other.
There is another fact that should be kept in view. The
Territories are the property not of the individual States, but of
the General Government. They are held by the Government in
trust, I grant.  But in trust for whom?  For the whole people
of the Union; not in trust for thirty-four distinct States. The
idea that these Territories are subject to partition-that South
Carolina has the right to demand her thirty-fourth part of them
in severalty, is one that by the North cannot be entertained. It is
this idea which has produced that other more mischievous onethat an equilibrium must be maintained between the free and
the slave States; in other words, between freedom and slavery.
202 
REMARKS OF MR. SMITH.
Where did this idea creep into the Constitution?  It never has
found, and it never will find, favor with the people of the North.
We may talk around this question-we may discuss its incidents, its history, and its effects, as much and as long as we
please. And after all is said-disguise it as we may-it is a
contest between the great opposing elements of civilizationwhether the country shall be possessed and developed and ruled
by the labor of slaves or of freemen.
Leave it where it is, and all is well. We can live in peace
while it is a State institution; extend it, and who can answer for
the consequences? Leave it where it is! I humbly suggest that
in that direction lays the only path of peace. So long as the
Territories are common property, so long will the people insist
upon protecting their interests in them. In a Government like
ours, conflicts will ensue. The Constitution provides the proper
and peaceful way of settling them; and it is not by a partition
of every subject in which a mutual interest exists.
Mr. SEDDON:-Does the gentleman consider this a nation,
or a federal union of States?
Mr. SMITH: If I did not consider this a nation I should
certainly not be here.
Mr. SEDDON:  Is not the whole machinery of the Government federative?  Is not its whole action that of a confederation?
Is not the recent election of Mr. LINCOLN a proof of the fact?
He was elected by less than a majority of the people.
Mr. SMITH:-In all the action of the Government with
other governments, we are a nation as much as France or England. In every thing pertaining to the acquisition of territory
we are a nation. The rights of the States are preserved in the
Constitution, I admit, but their power is to be exercised subject
to the powers reserved by the Constitution to the General Government. In all that respects these powers the Government is
supreme.
I have only sought to state some of the opinions which are
conscientiously entertained at the North upon subjects connected
with these propositions. They are entertained there, and they
must be respected by the Conference.
This doctrine of the preservation of the balance of power is
a new doctrine. It was unknown to the framers of our Consti
203 
RE[Ks  or  MR. ASrrH.
tution. In my opinion it is a most mischievous doctrine to the
country, and can only produce the most pernicious results. It
is closely akin to the doctrine once broached in the Senate of a
duality of the Executive, which, extended, would require a
President for every sectional interest. Such ideas were never
popular at the North. I do not think they would operate very
well in practice at the South.
Mr. CLEVELAND:-Will the gentleman give way for a
motion to adjourn?
Mr. SMITIH:-Certainly.
On motion of Mr. CLEvELAD the Conference adjourned to
ten o'clock to-morrow.
204 
PROCEEDINGB OF THE CO0ERECE.
FOURTEENTH DAY.
WASHINGTON, THUmSDAY, Febiruary 21st, 1861.
THE Conference was called to order by the President, at ten
o'clock and fifteen minutes A.M., and prayer was offered by Rev.
Dr. STOCaroN.
The Journal of yesterday was read and approved.
Mr. WICKLIFFE: —As I stated yesterday, I now wish to
call up my resolutions relating to the termination of the debate,
and to have a vote taken upon them.
Mr. CHASE:-Will Governor WICILIFFE permit me to make
a formal motion, which cannot give rise to discussion?  It is this:
The resolutions passed by the Legislature of Ohio, under which
myself and my colleagues hold our seats, make it my duty to lay
before the Conference the resolves I now offer. I ask to have
them read, laid upon the table, and printed.
The resolutions were read, and the motion of Mr. CHAsE concurred in.
The resolutions are as follow:   Resolved, That it is inexpedient to proceed to final action on the grave
and important matters involved in the resolutions of the State of Virginia, in
compliance with which this Convention has assembled, and in the several
reports of the majority and minority of the committee to which said resolutions were referred, until opportunity has been given to all of the States to
participate in deliberation and action under them, and ample time has been
allowed for such deliberation and action.
Resolved, therefore, That this Convention adjourn to meet in the city of
Washington, on the 4th day of April next; and that the President be requested to address a letter to the Governors of the several States not now
represented in this body, urging the appointment and attendance of Commissioners.
205 
PROCEEDINGS OF THE CONFERENCE.
Mr. EWING:-I wish to state here that I do not concur in
these resolutions.
Mr. WICKLIFFE:-I now offer two resolutions, one providing that debate shall cease upon the report of the committee,
at 10 o'clock to-morrow. The other, that five minutes shall be
allowed to the mover of an amendment to explain it, with five
minutes to the committee to reply.   Upon reflection, I will offer
a third: That a motion to strike out and insert shall not be
divided. If desired, a vote may be taken on the resolutions
separately, as I wish to have each stand upon its own merits. I
will not discuss these resolutions, for I think all must be impressed
with the necessity for passing them now.
The resolutions were as follow:  Resolved, 1st, That at 10 o'clock, the 22d February, 1861, all debate upon
the report of the Committee of one from each State shall cease, and the Convention will proceed to vote, and continue to vote until the whole subject
shall have been disposed of.
2d. If an amendment be offered by the Commissioners of any State, or
the minority of such Commissioners, five 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 five minutes for reply.
3d. A motion to strike out and insert shall not be divided.
Mr. CHITTENDEN:-I  shall not debate these resolutions.
As I am engaged in taking notes of the discussion, I cannot enter
into a contest for the floor. and I would not if I could. My
State has not occupied a moment of time on the general subject,
nor are her delegates very anxious to address the Convention
at all.
Whether the Conference will give one of us a few minutes or
not, is simply a question of policy, of which I am not a disinterested judge. It is possible that some suggestions might be made
which would be worthy of attention.
Mr. GOODRICHI:-I move to amend by inserting Saturday,
instead of to-morrow, in the first resolution.
Mr. RANDOLPH:-There is force in the remark of the gentleman from Vermont.  No State should be cut off.  I suggest
that the States whose delegates have not addressed the Conference, should have the preference.
Mr. JOHNSON, of Missouri:-I represent a youthful State.
206 
PROCEEDINGS OF THIIE CONFERENCE.
She is not the daughter of any particular State or section, but of
the Union. We Missourians love the Union, but we have fully
arrived at the conclusion that the time has come when something must be done to prevent our entire separation. We have
hitherto remained silent. We came here to preserve the Union.
Not that we love the Union less, but we love our rights more.
We love our rights more than the Union, our property, or our
lives.  We desire to come to a speedy adjustment.  Ten days of
Congress only remain. It will be difficult even to introduce our
propositions, still more to get them considered. I sustain the
motion of the gentleman from Kentucky; and Missouri will vote
for it.
Mr. WICKLIFFE -I will make the proposition as acceptable as possible. I will insert one o'clock instead of ten.
Exclamations were heard from several members of, "Let us agree," and
the question being taken on the first resolution as amended, it was adopted.
Mr. BACKUS,:-I move to insert in the second resolution,
ten minutes instead of five, wherever the word occurs. That
time is none too long to state the purpose of an amendment
properly.
Mr. NOYES:-Is this resolution designed to exclude all discussion upon an amendment, except by the member moving it
and the committee?
Mr. WICKLIFFE: -No! Such is not the intention. Any
one can speak five minutes. I rely on our sense of propriety not
to abuse this construction of the resolution.
The amendment of Mr. BAcKUS was decided in the negative
by a vote vva voce.
The resolution was then adopted, together with the resolution relating to
motions to strike out and insert.
Mr. BROWNE:-I move that when the Convention adjourn,
it adjourn to meet at half-past seven o'clock this evening.
Mr. CHASE:-I hope the Conference will not hold night
sessions. Our day sessions are protracted and very laborious. I
agree with Commodore STocKToN, that night sessions are
dangerous.
Mr. MOREIHEAD, of Kentucky:-I do not agree with Mr.
CHasE. I have particularly observed the demeanor of all the
207 
PROCEEDINGS OF THE CO0FERENCE.
gentlemen in the Conference, and know that they are as well
fitted for business at five o'clock in the afternoon as at ten o'clock
in the morning.
A vote by the States was called for, which resulted as follows:
AYES:-Delaware, Iinois, Kentucky, Maryland, Missouri, New Jersey,
New York, North Carolina, New Hampshire, Pennsylvania, Rhode Island,
Tennessee, and Virginia-13.
Nom:-Connecticut, Indiana, Iowa, Maine, Massachusetts, Ohio, and
Vermont-7.
:Mfr. WILMOT:-In  pursuance of the instructions of the
Legislature of Pennsylvania, I offer the following. I wish to
have it laid on the table, and printed, that I may move it as an
amendment to the committee's report at the proper time.
The motion of Mr. WILMOT was agreed to, and the amendment is as follows:
"And Congress shall further provide by law, that the United States shall
mnake full compensation 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 deprivation, by violence, of his rights secured
by this Constitution."
Mr. DENT: —I ask that the following may be adopted as an
additional 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:-I suggest whether it would not be better to
call the yeas and nays, on the motion of any Commissioner. I
have heretofore introduced a resolution to that effect, which, with
the gentleman's permission, I will now call up.
Mr. DENT:-I won't insist.
Mr. CHASE's resolution was taken up as follows:
"The yeas and nays of the Commissioner of each State, upon any question, shall be entered upon the 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."
Mr. GUTHRIE:-I hope the gentleman will waive the first
part of the resolution. I think it is the best way not to disclose
our divisions any farther than is indispensably necessary.
Mr. CtASE:-I  copied the rule verbatim  from  the one
208 
PROCEEDINGS OF THE CONFERENCE.
adopted by the Congress of the Confederation. I think it right
and fair. But I have no objection to modifying it, so as to have
the yeas and nays called on the motion of any entire delegation.
Mr. DENT:-I  did not withdraw  my motion.   I think it
will accomplish all we need. It will be taken, of course, that
those who do not dissent vote with the delegation.
Mr. REID:-I think it is entirely too late to talk about sav ing time. Hiow long will it take to have the names of dissenting
delegates called? For one, I desire to exercise my rights under
the authority of the State I represent. I will not consent to
waive them. When the vote of my State is cast, I wish to have
the record show who is responsible for it.
The question was taken on the resolution offered by Mr. CHASE, and it
was rejected, and the additional rule proposed by Mr. DENT was adopted.
Mr. COAITER:-I offer the following, which I shall move
as an amendment to the report.   I ask that it be laid on the
table, and printed:
"The term of office of all Presidents and Vice-Presidents of the United
States, hereafter elected, shall be six years; and any person once elected to
either of said offices, shall ever after be ineligible to the same office."
The above motion to lay on the table and print was
agreed to.
Mr. BRONSON:-I also have an amendment, of which I
ask to have the same disposition made. It is as follows:
"Congress shall have no power to legislate in respect to persons heldto
service or labor in any case, except to provide for the rendition of fugitives
from such service or labor, and to suppress 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
territorial condition; and whenever any Territory, with suitable boundaries,
shall contain the population requisite for a representative in'Congress,
according to the then federal ratio of representation, 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 Constitution of such new
State may prescribe."
Mr. BRoNsoNs motion was agreed to.
Mr GUTHRIE:-I call for the order of the day.
The PRESIDENT:-The order of the day is called for, and
the gentleman from New York has the floor.
Mr.  SMITH:-At  the adjournment yesterday, I had pros
14
e
209 
REMARKS OF MR. SMUIT.
ceeded to state two or three grounds upon which I think the proposals of amendment to the Constitution reported by the majority of the committee would be unacceptable to the North,
and I had also stated some special objections to action in this
way and at the present time.
The next consideration to which I would invite attention is
this: Is it necessary or wise for the Conference, composed as it
is of friends of the Union, or is it expedent thus to encounter
the settled sentiments and convictions of the people of so large
a section of the country?  It is not necessary, for various reasons.
This territorial question is, after all, a question to be looked at in
a prospective view. Why is it necessary to disturb the Constitution by inserting such a provision as you propose? Why is it
necessary for gentlemen from the South to have it in, in order
to enable them to stand with their people at home?
Slavery is now in New Mexico. That must be acknowledged
as a fact. The South think it rightfully there-the North believe it is there wrongfully. But its existence in the territories is
a fact nevertheless. President LNcoLN cannot help it if he would.
The Supreme Court will affirm its rightful existence there,
whenever the question comes before that body. That Court
cannot be changed before these territories are admitted as States,
if the disposition exists to change it. You claim that the question is already decided. How, then, can it be important to you
to press the adoption of these sections as a part of the Constitution?  My judgment is, that it is best to leave this subject
alone-that that is the true way to save the Union.
Gentlemen of the South, remember that if you must stand at
home with your people, so also must we.  There is a North as
well as a Sourth!-a northern people as well as southern people.
You press us hard on these subjects. But can men who are
rational ask us to abandon our own people, to go counter to their
convictions and sentiments? We cannot do it! You would
not respect us if we did! I am very sure that if this Conference
is to attain any beneficial result, it must abandon all idea of
coercion or intimidation as applied to the friends of the Union.
It is said we are contending for a party platform-that we
are letting party stand between us and the Union. I could
trample parties and platforms under foot to preserve the Union,
210 
REIARKS OF MR. SMArn.
but I cannot understand how honest men can abandon princi pies because a party has adopted them into its platform. Do
not tell us that by adhering to the Union and the Constitution,
we are simply adhering to a party platform. Our principles are
at least as dear to us, as yours are to you; you must not expect
us to sacrifice them either to promote our own material interests
or to promote yours.
Let us then sink the question of slavery in the Territories.
Let the courts take care of it if need be, or let it be dealt with
when it properly comes up.  "Sufficient unto the day is the evil
thereof." In that direction lays the path of peace.
But perhaps it may be suggested that such a course would
really leave no plan to be adopted. Perhaps so. Is it, then, not
true that we are having all this trouble over a contingency that
may or may not arise?   That  the Constitution is sufficient
for all purposes but this, you aver; and yet you say in the same
breath that the Court has settled this question entirely and finally
in your favor. Why not be satisfied, then, with the settlement?
Can you make it more of a finality in the way you propose?
No, gentlemen; believe me when I tell you that the true remedy
does not consist in endeavoring to humiliate the people of one section for the benefit of another. Remember we are dealing with
the American people; I would not throw the Constitution into
the vortex of disunion that is opening before us; I would preserve
it rather as a rock on which we can all safely stand. Do not
throw away the compass by which alone we can safely be
guided!
If I were to suggest a suitable remedy, what I think a wise
plan, it would be the one adopted on a similar occasion, when
one of the States set itself up in opposition to the General Government, with such very beneficial results; and that would be, to
have the Government appeal to the people for support-to throw
itself into the arms of the people. The result then has become
historical. It is remembered with pride and pleasure by all. I
would have a similar course pursued now. The result would be
equally grand, equally gratifying. It would rally every patriot,
every friend of the Union from every section, to its support. You,
gentlemen of the South, now friends of the Union, still give it
the strength of your support, the favor of your countenance, and
211 
REMARKS OF MR. SMITH.
you shall be supported and sustained as you can be in no other
way. You shall have the support of the power of the Government and of every friend of the Union in the country.
You remember how those patriotic statesmen, CLAY and
WEBSTER-differing from the Executive, opposing his election
with all the strength of their gigantic intellects-when the
authority of the Government was questioned, and South Carolina,
under the lead of Mr. CALIoUS, undertook to set herself up in
opposition to it-how they waived all former differences, and
instead of encouraging secession by their delay and timidity,
without asking for new guarantees or for amendments of the
Constitution, came voluntarily and earnestly to the support of
the Executive and the administration, because the Executive was
right, and was the chosen instrument of the people to preserve
the integrity of the Union.
Mr. BARRINGER:-If the gentleman will excuse me, I
will state that the course of the Executive against South Carolina
was universally acquiesced in except in that State. And yet the
opinion that President JAcisoN far exceeded his powers, was
equally unanimous. That precedent has been greatly misinterpreted.
Mr. SMITH:-I thank the gentleman from North Carolina.
He entertains his opinions, I do mine, as to what then saved the
Union.  I should not probably be able to make him think with
me; but I feel sure that the idea prevails quite extensively, that
South Carolina returned to the path of duty then, because the
power of the Government was wielded by an honest and energetic Executive. She came to the conclusion that any other
course would probably be attended with danger.
Our present differences had no very remote origin. They
belong to our own generation, and we ought to be compelled to
deal with them. I think the so-called compromise of 1850 was
the cause of all our troubles-that instead of saving the country
it brought it into greater danger than it ever was before.
Mr. BARRINGER:-I wish to make a suggestion on that
point.
r. SMITH:-I hope the gentleman will not forget that he
will have a full opportunity to answer me.  I am nearly through,
and generally no good comes of interruptions. They only congume time.
212 
REMARKS OF MR. SEMITH.
I was about to say, that I do not propose to go into the
question of who was to blame for that repeal. I agree with
gentlemen from the South, that there is no profit now in discussing the origin of our troubles-in inquiring who set the
house on fire before we put on the water.
Mr. CLAY:-Does the gentleman do justice to Mr. CLAY,
when at one moment he says that Mr. CLAY held up the arms
of the administration, strengthened the Executive, and aided the
Government in putting down secession, and in the next, states
that the compromise of 1850 was the cause of all our troubles,
when it is well known that M[r. CLAY strongly favored that compromise?
Mr. SMITH:-When I speak of the unhappy effect of the
compromise measures of 1850, I ascribe no wrong motives to
Mr. CLAY or any one else. If he approved that compromise, I
have no doubt he did it in the full belief that it would be
beneficial to the country. Experience has shown that he was
mistaken. Saying this is doing no injustice to Mr. CLAY. I
spoke only of effects.   I spoke of the zeal and the energy
with which the patriots and eminent statesmen of all parties
of this country have been accustomed to come forward and
sustain the administration when any necessity existed for
doing so.  Now  let this Conference-let all true friends of
the Union everywhere, with one voice, without attempting
to place any section or any man in a false or disagreeable
position, unite in one determined effort in behalf of the
Union, and in an attempt to bring the rash and dangerous
men who would seek the destruction of the Government back to
a sense of duty. Let us address the country, let us show that we
are devoted to the Union, far beyond any considerations of party
or self; let us invoke the aid of all true and patriotic men; let
us ask them to lay aside for the time all other considerations, and
give themselves for the present to the country! The spirit of
the old time is yet alive. We can call it out in more than its old
strength and vigor, and it will save the country. Our private
interests may suffer, but the great interests of the Union will be
strengthened and preserved, and the Constitution, which has been
our pride and strength, willtnot be dragged down into the great
whirlpool of disunion. I appeal to the venerable and able men
213 
REMARKS OF MR. CLEVELAND.
around me, who bear historic names-who have been themselves
long connected with the Union and its Government, to join us in
our struggle to save the Constitution.
The views I have expressed may be chimerical. I have
advanced them with no little diffidence, but I felt called upon
to state them in the discharge of a duty I owe to a people who
love and will make great sacrifices to save the Constitution and
the Union.
A majority vote, one way or the other here, would be of little
consequence. It would carry no weight with it. But if the
members of this Conference would all unite in such an appeal to
the country, the response would be instantaneous and effective.
The heart of the country is loyal; the heart of the South is
loyal, I believe. We have abundant evidence that it is not too
late to rely upon the Union men in Missouri and Tennessee!
Mr. CARUTIHERS:-The vote of Tennessee is entirely misunderstood.
.Mr. SMITH:-Perhaps so.  I have no acquaintance with
the people of Tennessee. But I will not occupy the time of the
Conference farther. I have spoken plainly, but I have spoken
what I believe to be the honest convictions of a large majority
of the people of this Union. Once more I say, let us not destroy
the Constitution!
Mr. CLEVELAND:-I have not got up to make a speech.
We have had too much speech-making here. It may be very
well for gentlemen to get up and make long arguments and
eloquent appeals, and show their abilities and powers, but it all
does no sort of good-nobody is benefited, and no opinions are
changed. I shall take no such course. I want to see whether
this little handful of men who meet every day in this hall, cannot get together and fix up this matter which has been so much
talked about. Let us pay no attention to the great men or the
politicians. They have interests of their own. Some of them
have interests which are superior to those of their country.
In the common affairs of life there are always a great many
differences of opinion. Some treat these differences one waysome another. Foolish men go to law, and always come out
worse off than when they started. Sensible men get together,
and talk matters over; one gives up a little, the other gives up
214 
REMA'RKS OF MR. COALTER.
a little, and finally they get together.: Now, friends, that is just
what I want to see done here.
We are all friends-friends of the Union and of each other.
Nobody wants to give up the Union, or hurt Mr. LncoLN.  The
South has got frightened-not exactly frightened, but she thinks
the Republicans, since they have got the power, are going to
trample upon her rights. She wants the North to agree not to
do so. Now I should like to know what objection there was to
that?  Who  is afraid to do that?  If we could go to work at
this thing like sensible men, we could settle the whole matter in
two hours.
Now about these propositions. I do not see any thing alarming in them. I have not set to work to pick flaws in them.
Leave that to the lawyers. I don't care much about them, nor
does the North care about them. If the South will take them
and be satisfied-if they will stop this clamor about slavery and
slavery extension, I think she had better have them. For one, I
am sick of the whole subject.
Let us then go about the work like sensible men; let us stop
making long speeches and picking flaws in each other.  It is a
matter of business, and pretty important business. Let us consider it as such, and from this moment let us throw aside all
feeling, and set about coming to some understanding.  We  can
do it to-day as well as next week. I do not know that these
propositions are the best that can be made; but if they are not,
let us talk the matter over like good Union men, and see what is
best.  When we can find that out, let us agree.  If we stay here
and make speeches until doomsday, we shall be no better off. I
am for action, and coming to an immediate decision.
Mr. COALTER:-If the vote of Missouri is to be taken as
an evidence of her devotion to the Union, it must also be understood with this qualification: iHer interests and her sympathies
unite her closely with the South. She feels, in common with
others, her share of anxiety for the future. She is devoted to the
Union, and at the same time she insists that it is fair and right
that these guarantees should be given.
It has been distinctly avowed on this floor that the people of
certain sections of the North ab/tor slavery. Ought we not to
be distrustful when a party entertaining such sentiments comes
215
I 
REMARKS OF MR. GOODRICH.
4
into supreme power?   If Massachusetts abhors slavery, how
long will it be before she will abhor slaveholders?
Ignorance is the source of all our difficulties. The people of
the North know little of the condition of the negro in a state of
slavery. We know that the four millions of blacks in the South
are better off in all respects than any similar number of laborers
anywhere.
But I rise only to correct a false impression in regard to Missouri. I have only besides to express my full conviction that if
the North will not give us these guarantees, we are henceforth a
divided people.
Mr. GOODRICIH: — Mr. President, the object of this
Convention, assembled on the call or invitation of Virginia, is,
as set forth in the preamble and resolutions of her General Assembly,
"To restore the Union and Constitution in the spirit in which they were
established by the fathers of the Republic;" or, as otherwise expressed, "to
adjust the present unhappy controversies in the spirit in which the Constitution was originally made, and consistently with its principles."
This agrees, in substance, with the purpose of the Republican party, which, in the words of the Philadelphia platform, is
declared to be that of "restoring the action of the Federal Government to the principles of WASHINGTON and JEFFE.RsoN."
Virginia announces to the other States that she "is desirous
of employing every reasonable means," and is "willing to unite"
with them " in an earnest effort "for the accomplishment of this
common end and object of that State and the Republican party;
and she is moved to make this her " final effort," by "the deliberate opinion of her General Assembly, that unless the unhappy
controversy which now divides the States of this Confederacy
shall be satisfactorily adjusted, a permanent dissolution of the
Union is inevitable," and by a desire to " avert so dire a calamity."
Massachusetts, equally willing to unite with the other States
in an earnest effort to further the same end, accepted the invitation of Virginia, and sent Commissioners here to represent her.
The honorable Chairman (Mr. GUTHRIE) of the committee to
report a plan of adjustment, in his opening speech, advocated
with earnestness and eloquence a restoration of the Constitution
to the principles of the fathers. The distinguished gentleman
216 
REMA]KS OF MR. GOODRICH. -
(Mr. RIVES) from Virginia demands a "restoration of the Constitution to the landmarks of our fathers," and his colleague (Mr.
SEDDON) urges a return to the "policy of our fathers in 1787."
This assumes that we have departed from the principles and
landmarks of our fathers, and from the policy of 1787. The
call of the Convention assumes this; the platform of the Republican party assumes it, and the gentlemen whose remarks I have
quoted assume it, and it is true.
The particular object of a return to the principles and landmarks of the policy of 1T87, as stated in the preamble and resolutions of the General Assembly of Virginia, is, " to afford to the
people of the slaveholding States adequate guarantees for the security of their rights." This implies that such a return will afford these adequate guarantees. I agree that it will; and I am
ready, and Massachusetts is ready, to adjust this unhappy controversy, and to give the guarantees demanded in exactly this way.
Stated in these general terms, there is a perfect agreement
between us. But we find a wide difference when we go one step
farther, and learn precisely what Virginia claims would be a restoration of the Constitution to the principles of the fathers, and a
return to the policy of 1787. This she has told us in one of the
resolutions sent out with the call for this Convention. That resolution is as follows:
"1 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 Hon. JOHN J. CRITTENDEN, SO modified as that the first article proposed as an amendment to the Constitution of the United States
shall apply to all the territory of the United States, now held or hereafter
acquired south of latitude 36~ 80', and provide that slavery of the African
race shall be effectually protected as property therein during the continuance of the territorial government, and the fourth article shall secure to
the owners of slaves the right of transit with their slaves between and
through the non-slaveholding States and territories, constitute the basis of
such an adjustment of the unhappy controversy which now divides the
States of this Confederacy, as would be accepted by the people of this Commonwealth."
It was in reference to these propositions that the gentleman
(5r. SEDDON) from Virginia, has asked us the question, "Are we
not entitled to these added guarantees according to the spirit of
the compact of our fathers? "
217 
R EMARKS OF MR. GOODRICOH.
The true answer to this question is the pivot on which this
whole controversy must turn. If the slave States are not entitled
to these added guarantees, " according to the spirit of the compact of our fathers," then Virginia, as I understand her Commissioners, and the resolutions of her General Assembly, does not
claim them. She stands upon her rights according to that cormpact. And all such rights Massachusetts is ready to accord to
her, fairly and fully.
By the spirit of the compact of our fathers is meant, the
Constitution as they understood it, and as the people of that day
understood it.  And this is what is meant by the "landmarks
of the fathers." All admit that the Federal Government should
be administered now, as it was administered by its framers.
This is what gentlemen from the slave States, in giving utterance
to their intense devotion to the Union, say.
Then, what is the Constitution, as understood by those who
framed it? What does it mean when interpreted by the light of
the policy of 1787?  and what is the spirit of the compact which
they made? This is the question we are called to consider. In
my remarks I do not mean to wander from it.
So far as the Constitution touches the question out of which
the present unhappy controversy has arisen, I say it means this:
That slavery, as it existed or might exist within the limits of the
original States, should not be interfered with to the injury of the
lawful rights of slaveholders under State authority; on the contrary, that it should have the right of recaption, and a qualified
protection; but that outside of those limits, otherwise than in this
right of reception, it should never exist, neither in the territories
nor in the new States.
And let me say here, that when I speak of the original States,
I mean the territory of those StatesWs then bounded.  Alabama
and Mississippi belonged to Georgia, Tennessee belonged to
North Carolina, Kentucky belonged to Virginia, Vermont be longed to New York, and Maine belonged to Massachusetts, and
were parts of the thirteen original States, at the time the Congti tution was adopted. When, therefore, I speak of territory out side the original States, I do not refer to territory within any of
the States named.
Mr. BOUTWELL:-I trust my colleague does not claim to
218 
REMARKS OF MR. GOODRICH.
speak for Massachusetts, when he denies the right of any State
of this Union to establish and maintain slavery within its juris diction, or to prohibit it altogether, according to its discretion.
This right was reserved to the States; and States in this Union,
whether original or new, stand on a footing of perfect equality.
Mr. GOODRICIH:-I certainly do not claim to speak for
Massachusetts, though I believe the opinion of the great majority
of her people agrees with my own on this subject. Hiowever,
what I claim is, that Ohio and the other States of the northwestern
territory have no constitutional power to legalize slavery within
their limits; that they were admitted into the Union without any
such power, and that every other new State formed from territory outside the limits of the original States, according to the
"spirit of the compact of our fathers," should have been admitted
without that power, or the right to acquire it. This I will now
proceed to show.
On the first day of March, 1784, the northwest territory, constituting the present States of Ohio, Indiana, Illinois, Michigan,
and Wisconsin, was ceded by Virginia to the United States.
The jurisdiction of the United States was then exclusive and paramount, or soon became so-such other States as had claimed
any right of jurisdiction having ceded it. The cession of Virginia was made by THOMAs JEFFERSON, SAMUEL HARDY, ARTHUR
LEE, and JAMEs MoNRoE, who were delegates in Congress from
that State, and had been appointed Commissioners for this purpose. On the same day the cession was made, Mr. JEFFERsoN,
in behalf of a committee, reported a plan for temporary governments in the United States territory then and afterwards to be
ceded, and for forming therein permanent governments.
That plan provided, "that so much of the territory ceded, or
to be ceded, by individual States to the United States, shall be
divided into distinct States." It is obvious that this plan contemplated the possession of territory in no other way than by
cession from the States. It was expected that Georgia and North
Carolina would cede their western lands, now the States of Alabama, Mississippi, and Tennessee, as they did some years later;
and Mr. JEFFERSON'S plan was intended to embrace those lands
or territories to be ceded. Consequently, the following provis
219' 
: REMARKS OF MR. GOODRIC;.
ions, which were part of the plan reported, were intended by him
to apply to Alabama, Mississippi, and Tennessee, viz.:
"After the year 1800 of the Christian era, there shall be neither slavery
nor involuntary servitude in the said States, otherwise that in the punishment of crimes."
Hiere the States were evidently those to be formed in United
States territory. And farther on in the plan it is stated,
"That the preceding articles shall be formed into a charter of compact,
and shall stand as fundamental Constitutions between the thirteen original
States, and each of the several States now newly described, unalterable * * *
but by the joint consent of the United States in Congress assembled, and of
the particular State within which such alteration is proposed to be made."
This was a proposition to exclude slavery forever after 1800,
not only from the territories which had been, and might afterwards be, ceded, but from the States to be formed in them, and
to make it a fundamental Constitution between the original
States and each new State. It excited a short discussion, and
was postponed from time to time to the 19th of April, when Mr.
SPEIGHT, of North Carolina, moved to strike it out. The motion
was seconded by Mr. REED, of South Carolina.   The vote by
States, on the motion to strike out, was:
YEAS. —Maryland, Virginia, and South Carolina-3.
NAYs.-New lHampshire, Massachusetts, Rhode Island, Connecticut, New
York, and Pennsylvania-6.
This was under the Confederation articles, which provided
that the vote on all questions should be taken by States, each
State casting one vote; that no proposition could be adopted
without the vote of seven States in favor of it, and that the
vote of no State could be counted unless two members, at least,
were present. As there were but six States in favor of the proposition to prohibit slavery after 1800, it was stricken out.
There was but one member present from New Jersey, andthe
vote of that State was not counted. The member present voted
for Mr. JEFFERSON'S proposition. Another vote from that State
would have made the required number, and carried the measure.
In North Carolina, WILLIAMSON voted for prohibition, and
SPEIGHT against it. One more vote from that State would have
made seven States for the proposition, and it would have been
carried.
220 
REM ARK  OF MR. GOODRICH.
JEFFERsoN voted for his own proposition to prohibit; and if
one of the other two members present from Virginia had voted
with him, that, too, would have made the required number of
seven States.
The mte North and South, by members, was in favor of prohibition: North, 14; South, 2-total, 16.  Against prohibition,
South, 7.
The majority was more than two-thirds; enough to carry it
over an executive veto under the present Constitution, and yet it
wag defeated.  And this vote was given in favor of absolute and
unconditional prohibition, and that alone, without the right of
reclaiming fugitive slaves, or any proposition, or any expectation
to confer it. Under the Confederation, no such right existed,
nor was it agreed to till more than three years afterwards, and
then with the greatest reluctance, and as a matter of compromise,
as I will presently show.
Such was the action of the American Congress in 1784-a
unanimous vote from the North, and two in nine from the South
-in favor of excluding slavery forever after 1800, in all new
States to be formed, in territory ceded or to be ceded, embracing Tennessee, Alabama, and Mississippi, in the extreme South.
Nothing can be clearer than that the interdiction was to apply
to all such States, and to constitute a fundamental Constitution
between them and the original States, unalterable without the
consent of Congress. The new State was to be deprived of all
power to admit slavery. This proposition was made and voted
for by JEFFERsoN. But how many votes would such a proposition receive in this Convention?  Not many, I fear, even from
the free States. My friend and colleague, though strongly antislavery, and earnestly devoted to freedom in the Territories, is
afraid I shall commit Massachusetts to this old Jeffersonian doctrine of no slavery, and no right to establish it in the new States.
From this time till July, 1787, the question of slavery in the
Territories and new States remained open and unsettled. In
1785, RUFUS KnG renewed Mr. JEFFERsoN's proposition to prohibit, and it was referred to a committee by the vote of eight
States; but it never became a law, a few from the South always
preventing it.
The Federal Convention to revise the old, or frame a new
221 
REMARKS OF MR. GOODRICH.
Constitution, assembled in Philadelphia on the second Monday
of May, 1787. And here let me read a single paragraph from
a lecture by Mr. TOOMBS, of Georgia, delivered in Boston in 1856.
It is as follows:
"The history of the times and the debates in the Convention which
framed the Constitution, show that the whole subject of slavery was much
considered by them, and perplexed them in the extreme, and that those provisions which relate to it were earnestly considered by the State Conventions
which adopted it. Incipient legislation providing for emancipation had already been adopted by some of the States. Massachusetts had declared that
slavery was extinguished by her Bill of Rights. The African slave trade had
already been legislated against in many of the States, including Virginia,
Maryland, and North Carolina, the largest slaveholding States.   The public
mind was unquestionably tending toward emancipation. This feeling displayed itself in the South as well as in the North. Some of the present
slaveholding States thought that the power to abolish, not only the African
slave trade, but slavery in the States, ought to be given to the Federal Government; and that the Constitution did not take this shape, was made one
of the most prominent objections to it by LUTHER MARTIN, a distinguished
member of the Convention from Maryland; and Mr. MAsON, of Virginia, was
not far behind him in his emancipation principles.  Mr. MADIsON sympathized to a great extent. Anti-slavery feelings were extensively indulged in by
many members of the Convention, both from the slaveholding and the nonslaveholding States."
M~r. MADISON'S testimony is important here.  He was a member of the old Congress in New York, until the assembling of the
Constitutional Convention, and took his seat as a member of
that body.
The History of the Ordinance  of 1787, by Hon. EDWARD
COLES, contains the following statement, as made to him by Mr.
MADISON:
"The old Congress held its sessions, in 1787, in New York, while at the
same time the Convention which framed the Constitution of the United States
held its sessions in Philadelphia. Many individuals were members of both
bodies, and thus were enabled to know what was passing in each-both sitting with closed doors and in secret sessions. The distracting question of
slavery was agitating and retarding the labors of both, and led to conferences
of intercommunications of the members."
I quote this testimony now, to show that Conferences were
held between the members of Congress and the Federal Convention, upon the subject of slavery. I shall quote farther from it
on another point, after turning for a moment to the proceedings
of Congress.
222 
REMARKS OF MR. GOODRICH.
On the 9th July, 1787, the Convention having been in session
about two months, the ordinance for the government of the
Western Territory, which had been reported in a new draft on
the 26th of the preceding April, and ordered to a third reading
on the 10th Mfay, and then postponed, was referred to a new
committee, consisting of Mlessrs. CARInGTON, of Virginia; DANE,
of Massachusetts; R. HI. LEE, of Virginia; KEAN, of North Car olina; and SMITH, of New York. Two days afterwards, July
11th, Mr. CARRiNGTON reported what has since been known as
the "Ordinance of 1787," with the exception of the 6th article
of compact, prohibiting slavery. When it came up the next day,
the 12th, for a second reading, Mr. DINE  rose and stated as
follows:
"In the committee, as ever before, since the day when JEFFERSON first
introduced the proposal to prohibit slavery in the t3rritory, it was found im possible to come to any arrangement; that the committee desired to report
only so far as they were unanimous; that they, therefore, had omitted altogether the subject of slavery; but that it was understood that any member
of the committee might, consistently with his having concurred in the report,
move in the house to amend it in the particular of slavery. He therefore
moved as an amendment, to add a prohibition of slavery in the following
words:
"That there shall be neither slavery nor involuntary servitude in the said
territory, otherwise than in the punishment of crimes, whereof the party
shall have been duly convicted."
And as a compromise, Mr. DAvis proposed to add the following proviso:
"Provided always, that any person escaping into the same, from whom
labor-service is lawfully claimed in any one of the original States, such fugitive may be lawfully retained and conveyed to the person claiming his or her
labor or service as aforesaid."
This was at once unanimously accepted by the slave States.
The next day, the 13th, the ordinance was passed, every slave
State present, viz.: Delaware, Virginia, North Carolina, South
Carolina, and Georgia, and every member from those States
voting for it. The same prohibition-which a large majority
of the South had resisted when presented alone-was now  when
accompanied with the proviso, unanimously agreed to.
Here was a sudden change. But the proviso giving the right
of reclamation in the said territory, only partially explains it.
For a full explanation we must turn again to the Convention.
223 
REMARKS OF MR. GOODRICH.
And the first thing is a further extract from ]Mr. MADIsoN, respecting a letter, before quoted, as follows:
"The distracting question of slavery was agitating and retarding the
labors of both bodies-Congress and the Convention; and led to conferences
and intercommunications of the members, which resulted in a Compromise,
by which the Northern, or anti-slavery portion of the country, agreed to incorporate into the ordinance and Constitution, the provision to restore fugitive slaves; and this mutual and concurrent action was the cause of the
similarity of the provisions contained in both, and had its influence in creating
the great unanimity by which the ordinance passed, and also in making the
Constitution the more acceptable to the slaveholders."
Mr. MADISON, also, in the Virginia Convention, urged the
ratification of the Constitution for the following among other
reasons, viz.:
"At present, if any slave escape to any of those States where slaves are
free, he becomes emancipated by their laws; for the laws of the States are uncharitable to one another in this respect. This clause was expressly inserted
to enable owners of slaves to retain them. This is a better security than any
that now exists."
General PINCKNEY, one of the delegates in the Federal Convention, from South Carolina, in a debate in the House of Pepresentatives of that State on the Constitution, said:
"We have obtained a right to remove our slaves in whatever part of
America they may take refuge, which is a right we had not before.  In
short, considering all the circumstances, we have made the best terms we
could, and on the whole I do not think them bad."
In the speech made by Mr. WEBSTER on the 7th of March,
1850, he remarked that:
" So far as we can now learn, there was a perfect concurrence of opinion
between those respective bodies-the Congress and the Constitution-and it
resulted in this ordinance of 1787."
When  Mr.  WEBSTER  had closed his speech,  Mr.  CALHOUN
arose, and among other things, said:
"Hle, Mr. WEBSTER, states very correctly that the ordinance commenced
under the old confederation; that Congress was sitting in New York at the
time, while the Convention sat in Philadelphia; and that there was concert
of action. * * * When the ordinance was passed, as I have good reason
to believe, it was upon a principle of compromise; first, that this ordinance
should contain a provision similar to the one put in the Constitution, with
respect to fugitive slaves; and next, that it should be inserted in the Constitution; and this was the compromise upon which the prohibition was inserted in the ordinance of 1787."
11
224 
REMARKS OF MR. GOODRICH.
This agrees with Mr. MADISON.  The idea he conveys could
scarcely have been more identical with Mr. MADISON if he had
used ADISON'S words.  When the Southern members of Congress voted unanimously for the 6th Article, or anti-slavery clause
in the ordinance, with the proviso in respect to slaves escaping
into the Territory, it was with the understanding that the Convention would insert a similar provision in the Constitution respecting slaves escaping from one State to another; and this-its
insertion in both-was the compromise upon which the prohibition was inserted in the ordinance.  Such is the concurrent testimony of Mr.  IADIsoN and Mr. CALuouN.
We will now turn to the ordinance of 1787, and see whether
it applies, as the one proposed by Mr. JEFFERSON in 1784 did,
to the new States as well as to the Territories, and is the basis of
State as well as Territorial Governments, and was so intended.
It declares as follows:
"For extending the fundamental principles of civil and religious liberty,
which form the basis whereon these republics, their laws and constitutions,
are erected; to fix and establish these principles as the basis of all laws,
constitutions, and governments, which forever hereafter shall be formed in
the said Territory; to provide also for the establishment of States and permanent governments therein, and for their admission to a share in the Federal
councils, on an equal footing with the original States, at as early periods as
may be consistent with the general interest.
"It is hereby ordained and declared by the authority aforesaid: That the
following articles shall be considered as articles of compact between the
original States and the people and States in the said Territory, and forever
remain unalterable, unless by the common consent."
Then follows six articles of compact. Part of the fifth and
the sixth are in these words:
" ART. 5. * * * Whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates,
into the Congress of the United States, on an equal footing with the original
States, in all respects whatever; and shall be at liberty to form a permanent
Constitution and State Government; provided the Constitutional Government, so to be formed, shall be republican and in conformity to the principles
contained in these articles."
"ART. 6. There shall be neither slavery nor involuntary servitude in the
said Territory, otherwise than in the punishment of crimes, whereof the party
shall have been duly convicted; Provided, always, That any person escaping
into the same from whom labor or service is lawfully claimed in any one of
15
225 
REMARKS OF  MR.  GOODRIOIR.
the original States, such fugitive may be lawfully reclaimed, and conveyed to
the person claiming his or her labor or service as aforesaid."
Such is so much of the ordinance as bears directly upon tie
point I am discussing. And the Convention, as if for the very
purpose of giving the unequivocal sanction of the Constitution
and of the country to this compromise, and of establishing it as
the permanent policy of the Government, expressly provided that
the " engagements entered into before the adoption of this Constitution shall be as valid against the United States under this
Constitution, as under the Confederation."
This ordinance, then, which was an unalterable compact,
prohibiting slavery, and fixing and establishing freedom as the
basis of all laws, constitutions, and governments in the Territory
forever- State Constitutions and Governments of course included -was made valid by the Constitution itself. And on
this point I refer to the highest Southern authority, the late
Judge BERRIEN, who was thoroughly pro-slavery in his views,
and should certainly be ranked among the ablest lawyers and
statesmen Georgia has ever produced, who spoke to this precise
point during the compromise discussion in the United States Senate in 1850, as follows:
"Validity was given to their act by the clause in the Constitution, which
declares that contracts and engagements entered into by the Government of
the Confederation, should be obligatory upon the Government of the United
States established by the Constitution."
It is the "act" of Congress in passing the ordinance referred
to here. This being so, it was the same in effect as though the
ordinance had been written word for word in the Constitution itself. A contract can be made valid, only by making it binding
and obligatory upon the parties to it, according to its terms and
meaning. To make an unalterable compact valid is to make it
perpetually binding.
Having shown that the articles of compact in the ordinance
were unalterable; that validity was given to them by the Constitution itself; that in express terms they applied to States as
well as to Territories, and must, therefore, being made valid by
the Constitution, necessarily have been understood and intended
by Congress and the Convention to prohibit slavery as effectually
in one as the other, I will now show very briefly that they were
also so understood in all parts of the country.
226 
REMARKS OF MR. GOODRICH.
Mr. WILSON, of Pennsylvania, a prominent member of the
Federal Convention, and also of the State Convention for ratifying the Constitution, remarked in the latter as follows:
"I consider this clause as laying the foundation for banishing slavery out
of the land. * * * The new States which are to be formed will be under the
control of Congress in this particular, and slavery will never be introduced
among them."
Mr. WILSON speaks of the clause authorizing the prohibition
of the African slave trade.
In the Massachusetts Convention to adopt the Constitution,
Gen. HEATH said:
"Slavery cannot be extended. By their ordinance Congress has declared
that the new States shall be republican States, and have no slavery."
Colonel BLAND, a member of the Convention from Virginia,
said he "wished slavery had never beer introduced into America," and that "he  was  willing  to join  in  any measure  that
would prevent its extending farther." To allow it in new States
would not prevent its extending farther, and therefore it was
prohibited in such States.
Doctor RAMSAY, a member of the Convention of South Carolina, in his History of the United States, says:
"Under these liberal principles, Congress, in organizing colonies, bound
themselves to impart to their inhabitants all the privileges of coequal States.
* * * These privileges are not confined to any particular country or complexion.  They are communicable to the emancipated slave, for in the new
State of Ohio, slavery is altogether prohibited."
This compact, then, applies to State as well as Territorial
governments, and was so understood in all sections of the
country-northern, central, and southern-when the Constitution
was ratified.
Let me now call attention to the very significant proviso to
the sixth article. What does the word original mean, and what
does the whole article mean with that word in the proviso?
"There shall be neither slavery nor involuntary servitude in the said
Territory, otherwise than in the punishment of crimes, &c.; Provided, always,
That any person escaping into the same, from whom labor or service is
lawfully claimed in any one of the original States, such fugitive may be
lawfully reclaimed, and conveyed to the person claiming his or her labor or
service as aforesaid."
.227 
REMARKS OF MR. GOODRICH.
This means that there shall be neither slavery nor involuntary servitude, except for the purpose of reclaiming such fuigitives-and I admit that slaves were intended-as are lawfully
claimed in any one of the original States. The very fact of the
proviso implies that Congress understood that the right of reclamation could not exist, unless it was excepted.
And of course it could only exist for the purpose excepted.
The intention was to grant the right to the original States, but
to limit it to them.  It is impossible to conceive of a measure for
framing the proviso as it is, if that had not been the intention.
As the ordinance itself made provision for the formation of new
States, such States must have been in the minds of members
when acting upon it. If the object had been to authorize the
reclamation of slaves escaping to this territory from other States
than original States, it is certain the word "original" would
have been omitted. It was intended for the purpose of limiting
the right.
Now observe that this article, proviso and all, is part of an
unalterable compact to which the Constitution has given validity.
Nobody pretends Congress has ever had the power to alter it.
Mr. Toomts denies any such power in express terms.  A  law
which Congress cannot alter has substantially the force and effect
of a constitutional proviso. This, then, is the only law for the
reclamation of fugitive slaves in the five States of the northwest territory; and there can be no other, the Constitution having
made it perpetually valid.
Such obviously is the meaning and legal effect of the fugitive
slave provision in the ordinance. And the meaning of that,
derived as it is not merely from the consent of the Federal and
State conventions, but from their concurrent action, necessarily
fixes the meaning of the provision on the same subject in the
Constitution, and shows how it must have been understood. As
the two were parts of the same compromise, of course neither
was understood to be inconsistent with the other. The provision
in the Constitution is in these words:
"No person held to service or labor in one State, under the laws thereof,
escaping into another, shall, in consequence of any law or regulation therein,
be discharged from such service or labor, but shall be delivered up on claim
of the party to whom such service or labor may be due."
228 
REMARKS OF MR. GOODRICtH.
So far as this describes, or was understood to describe, persons
held to service or labor as slaves, it necessarily must also have
been understood to apply only to the original States.   This
follows from what has already been shown. And it must have
been so understood for another reason, because it was only "in"
and "under" the laws of those States that persons could be held
to service or labor as slaves. Under the laws of the Territories
and new States, their being so held was forever prohibited.
Hence, none but those escaped from one of the original States
could ever be legally liable to reclamation, according to the
understanding and intention of the original parties to this compact.  This manifestly was the meaning of "the fathers," when
the ordinance and Constitution were framed and ratified.
The two provisions must be construed together. That in the
ordinance was intended for the Territories and new States, and
that in the Constitution for the original States.  If that in the
Constitution had been intended for the Territories, it would have
read, "escaping into another State or into the Territory," and
that in the ordinance would have been entirely omitted. The
proviso to the prohibition in the Missouri Compromise in 1820 is
a striking confirmation of this. That was copied, word for word,
from the ordinance of 1787, or original compromise, except substituting for the words "in any one of the States," the words "in
any State or Territory of the tUnited States," as follows:
"Provided, always, That any person escaping into the same,
from whom labor or service is lawfully claimed in any one of the
original States, such fugitive," &e. And in the compromise
of 1820:
" Provided, always, That any person escaping into the same
from whom labor or service is lawfully claimed in any State or
Territory of the United States, such fugitive," &c.
Why say "in any State or Territory of the United States,"
instead of "in any one of the original States," as in the ordinance
of 1787, unless the Congress of 1820 understood the latter to
limit the right of recovering fugitive slaves to the original States,
and meant by the Missouri bill to extend it to all the States and
Territories? They did extend it, but in palpable violation of
the "spirit of the compact of the fathers," and of the "policy
of 1787."
229 
REMARKS OF MR. GOODRICH.
Originally the Southern States committed themselves to the
policy of slavery restriction, by a compact in the nature of a
contract for a consideration. By their own votes, they relinquished all pretence of right to any slaves beyond the jurisdiction of the original States. Slaveholders, as such, voluntarily
shut themselves out of the new States, in consideration of the
right of recovering their fugitive slaves in whatever part of
America they might take refuge. The object, as'I have clearly
shown, was to secure to slavery in the original States the right
of recovering fugitives, whether their escape should be from one
of those States to another, or to the Territories and new States;
but to make that the limit, both of the right of recovery on one
side, and of the obligation to permit or allow it, on the other.
It follows, then:
First: That as between the new States of Ohio, Indiana,
Illinois, Michigan, and Wisconsin, no right of reclamation exists,
or can exist, there being no power in Congress, as the South
admit, to alter the compact in the ordinance of 1787, which
denies this right.
Second: That no person, escaping from those States into any
other State or Territory, can be reclaimed as a fugitive slave,
because no person can be held as a slave under their laws.
Third: That no slave escaping from the slave States of Mis
souri, Arkansas, Texas, Louisiana, or Florida, into Ohio, Indiana,
Illinois, Michigan, or Missouri, can be lawfully reclaimed as a
fugitive slave, because Missouri, Arkansas, Texas, Louisiana, and
Florida are not orginal States.
Fourth: If slaves escape from any State or Territory other
than the original States, into the States of the northwestern
territory, no lawful power can touch them.  The moment they
reach those States they become free, because labor or service
cannot lawfully be claimed of them in an original State.
'Fifth: After the Missouri Compromise of 1820, slaves escaping from Arkansas and Missouri, for example to Kansas, Nebraska, Iowa, and Minnesota, could be reclaimed, but escaping to
Illinois, Wisconsin, Michigan, Indiana, and Ohio, they could not
be. And the Congress of 1820 so understood it. The particular
in which the Missouri proviso was altered in copying from the
ordinance of 1787, is proof enough of this.
230 
REMARKS OF MR. GOODRICH.
But did the framers of the Government intend to distinguish
in this manner between new and original slave States?  Certainly not; and the reason is, they did not mean to have any new
slave States. Otherwise they certainly did mnean to make this
distinction, for nothing can be clearer than that Louisiana and
Missouri cannot go to Ohio to recover fugitive slaves within the
meaning of this "compact of the fathers;" while Georgia can.
Manifestly we have departed from the system devised by the
fathers in allowing Missouri, Texas, Arkansas, Louisiana, and
Florida to be admitted with slavery, which explains, and nothing else can, this anomalous condition of things.
There can be no escape from these conclusions, but to deny
that the ordinance has ever had any validity under the Constitution; which would be scarcely less than to deny that the Constitution itself had ever been a valid instrument. Ilaving the
like unequivocal sanction of national authority, and expressing
alike in the words of Mr. Toomobs, "the collective will of the
whole," they must stand or fall together.
Originally the territory was not divided by the line of 36~
30', or by any other line giving part to freedom and part to
slavery.  It was all secured, and by consent of the South, to
freedom.  There is nothing, therefore, in the original compromise,
to justify the remark of the Editor of the Boston Courier in a
recent number of that paper, that "below the line of 36~ 30',
the South have the right of prescription." Freedom has an
older prescriptive right to all the Territories. The line established by the compromise, between slavery permitted and slavery
prohibited, was the boundary line between the then existing
States and the Territory of the United States; or the line between
exclusive national jurisdiction and the jurisdiction of the States.
It is an erroneous assumption, therefore, that the free States, by
the introduction of slavery south of 36~ 30', as well as north of
it, would receive more than a fair share or moiety of rights and
privileges, as between States or parties entitled to equal privileges.
The idea that the extension of slavery under the Federal Government can be claimed by anybody south or north as a right,
is wholly inadmissible.    The Courier will hold the following
declarations from Mr. WEBSTER to be good authority, if others
do not:
231 
REMARKS OF MR. GOODRICH.
"Wherever there is a foot of land to be staid back from becoming slave
territory, I am ready to assert the principle of excluding slavery."  "We are
to use the first and last, and every occasion which offers, to oppose the extension of slave power."
"I have to say, that while I hold with as much integrity, I trust, and
faithfulness, as any citizen of this country, to all the original amendments
and compromises in which the Constitution under which we now live was
adopted, I never could, and never can persuade myself to be in favor of the
admission of other States into this Union as slave States with the inequalities
which were allowed and accorded to the slaveholding States then in existence by the Constitution. I do not think that the free States ever expected,
or could expect, that they would be called upon to admit further slave States.
*  *  *  I think they have the clearest right to require that the State coming into the Union, shall come in upon an equality; and if the existence of
slavery be an impediment to coming in on an equality, then the State proposing to come in should be required to remove that inequality by abolishing
slavery or take the alternative of being excluded. I put my opposition on
the political ground that it deranges the balance of the Constitution."
Wherever there is a foot of land to be staid back from slavery!
Every occasion to be used to oppose the extension of the slave
power!  New States to abolish the inequality of slavery, or be
excluded!   I suppose Northern conservatives of the class referred to have endorsed those doctrines and declarations of
Mr. WEBSTER a thousand times, as sound, national, conservative,
and constitutional. But no Republican, so far as I know, has ever
proposed to go an inch beyond the line of policy they indicated.
The Chicago, or Republican Platform, certainly does not.  And
yet that same line of policy, when advocated by Republicans, is
denounced as unsound, sectional, radical, and unconstitutional
We have a great deal said about the equality of thIe States; of
the new with the original States. This is said to be a fundamental doctrine of the Constitution.
It is claimed that citizens of the slaveholding States have an
equal right in the Territories with the citizens of the non-slaveholding States; and I admit they have. But it is also claimed
that they have the same right to the protection of property in
slaves as property in cotton. This I deny. There is no such
doctrine of State equality in the Constitution, nor was any thing
like it contemplated by its framers. On the contrary, the Constitution denied this doctrine by clear implication, certainly for the
232 
REMARKS  OF MR. GOODRICH.
first twenty years. It withheld from Congress the power to
prohibit the importation of slaves into the "existing" States till
1808, while their importation into the Territories and new States
might be prohibited at once. Ohio was admitted in 1802. Con gress had power to prohibit the importation of slaves into that
State from that time, and did do it in effect, by the very terms
and conditions of her admission, which required that her Consti tution and Government should not be repugnant to the ordi nance of the 13th of July, 1787, which interdicted slavery. But
Congress had no power to prohibit the importation of slaves into
Georgia  till after 1808.   Georgia and Olhio, therefore, in this
respect, were not political equals from 1802 to 1808.
Nor have the States been all political equals in the sense
claimed, since 1808. It will surprise many to be told that there
is nothing in the Constitution about State equality, and especially
nothing that affirms the equality of the new with the original
States, even after 1808. And yet this is true. The only passages which refer to the new States, except impliedly in the importation clause, are these:  "New States may be admitted by
Congress into the Union; but no new State shall be formed or
erected within the jurisdiction of any other State."   There is
nothing, certainly, in this language to show that the new States
were to be admitted on an equality, or an equal footing with
the original States.
And yet provision was made, when the Constitution was
framed, for the admission of all the new States to be formed in
United States Territory then possessed, " on an equal footing
with the original States." But it was a footing of equality
which was in nowise inconsistent with an absolute denial of
the right to establish the inequality of slavery. And this is
proved by the only compact in the Englishl language contemporaneous with the Constitution which touches the subject, namely, that part of the fifth article of compact in the ordinance of
-1787 which I have already quoted. There can be no shadow
of claim that any thing else secured, or pretended to secure, the
right of new States to admission into the Union on an equal
footing with the original States. That, I admit, did. It is, to
repeat it, in these words:
" Whenever any of said States shall have sixty thousand free inhabitants
233 
REMARKS OF MR. GOODRICH.
therein, such State shall be admitted, by its delegates, into the Congress of
the United States, on an equal footing with the original States in all respects
whatever, and shall be at liberty to form a permanent Constitution and State
Government; provided the Constitution and Government so to be formed,
shall be republican in conformity to the principles of these articles," the 6th,
which prohibited slavery, included.
And this is all there is, contemporaneous with the Constitution, on the subject of the equality of the States.   The very instrument, then, which secured the admission of new States, on
an equal footing with the original States, itself provided that
they were never to tolerate slavery.
The new States, then, neither were to have, nor have they,
any political equality which the prohibition violates, as Southern
gentlemen contend. Certainly those formnned and admitted under the plan of Government devised by the fathers, have not.
In this sense they are not political equals. The original States
were, from the beginning, and have ever been, political equals
in this and every sense. Not, however, because the Constitution
says they are, for it says nothing on the subject; but because
they were independent sovereignties, and as such, made a compact which united them under one Federal Government, with
discriminating restrictions upon the subject of slavery, or upon
any other subject. But the fact that the evil and inequality of
slavery existed in the original States, and was tolerated from
necessity, was no reason why it should be allowed in the Territories and new States, where it did not and need never exist.
So the power of the Territories and new States was sufficiently
restricted to secure equality in personal rights and freedom to
all the "inhabitants."  Of course it cannot be pretended that the
mere fact that one or more States had established, and had power
to perpetuate slavery, secured to new States the right to establish and perpetuate the same enormity, as a necessary result of
State equality. That would make the right or power of one
State, resulting from State equality, necessarily coextensive
with tolerated evil in another.  Manifestly' the fathers" had
no such idea as this. Theirs was the common sense and rational
idea that a moral and political evil which existed in the old
States, and could not be removed, need not for that reason be
tolerated in new States.
The Constitution guarantees to each State a republican form
234
.9 
REMARKS  OF MR.  GOODRICH.
of Government merely; but the ordinance of 1787 provides that
the "Constitution and Government of each new State shall be
republican."   Why  this difference?   In the original States
slavery existed, or in most of them; and so far they were anti republican in fact and practice, though republican in form.  The
framers of the Constitution, having no power to abolish this anti republican institution of slavery in those States, did nothing
more than guarantee them Governments republican in form.
But having the power to exclude it from the new States, they
did exclude it, and provided that their constitutions and govern ments should be republican. That this was the reason for the
difference may be inferred from the remark of LUTHER MARTIN,
a distinguished member of the Federal Convention, that "slavery is inconsistent with the genius of republicanism," and of
General IHEATH in the Massachusetts Convention, that " Congress
has declared that the new States shall be republican and have no
slavery." No other reason can be given. Thus republicanism
in fact, and not in form merely, was made a condition of admitting new States. This is part of the unalterable compact to
which validity was given by the Constitution. The Constitution,
therefore, while it guarantees a republican form of government,
does in fact, by giving validity to the ordinance, guarantee republican governments to the new States. This is another very
significant fact harmonizing perfectly with all the other facts in
the original plan for extending the Union by admitting States
from Territories.
The States are all equals, or not, according to the terms of
their admission. The original States became members of the
Union upon the single condition of ratifying the Constitution,
which left them at liberty to tolerate slavery or not. But the
States formed in the only Territory which belonged to the
United States at the time the Constitution was framed, were
admitted on condition that slavery should be perpetually interdicted within their limits, and as parties to an unalterable compact to that effect.
Slavery was regarded, South as well as North, when the
Constitution was adopted, as a moral and political evil. This
had been the general sentiment of the country many years before, and continued to be long after that period. The represent
235 
.tREMARKS OF MR.  GOODRICH.
atives of the extensive district of Darien in Georgia, on the 12th
of January,.1-775, spoke of slavery as "founded in injustice and
cruelty, and highly dangerous to our liberties." JEFFERSON pronounced it "an injustice and eniormity."  The present Chief
Justice of the United States, Mr. TANEY, who acted many years
ago as counsel of Rev. Mir. GRUBER, who was indicted in the
State of Maryland for preaching a sermon on the evils of slavery,
spoke as follows in his defence:
"Mr. GR-UBER did quote the language of our great act of National Independence, and insisted on the principles contained in that venerated instru'ment. He did rebuke those masters who, in the exercise of power, are deaf
to the call of humanity, and he warned them of the evils they might bring
upon themselves. He did speak in abhorrence of those who live by trading
in human flesh, and enrich themselves by tearing the husband from the wife,
the infant from the bosom of the mother, and this was the head and front
of his offending.  So far is he from being the object of punishment in any
form of proceeding, that we are prepared to maintain the same principles,
and to use, if necessary, the same language here in the Temple of Justice,
and in the presence of those who are the ministers of the law."
" A hard necessity, indeed, compels us to endure the evils of slavery for
a time. While it continues it is a blot on our national character; and every
real lover of freedom confidently hopes that it will be effectually, though it
must be gradually, wiped away, and earnestly looks for the means by which
the necessary object may be best obtained.  And until it shall be accomplished, until the time shall come when we can point, without a blush, to the
language held in the Declaration of Independence, every part of humanity
will seek to lighten the galling chain of slavery, and better, to the utmost of
his power, the wretched condition of the slave."
Mr. JOHNSON, of Maryland: Where did you get that?
Mr. GOODRICH:-I got it from a printed sermon recently
preached by Dr. ORVILLE DEWEY, of Boston.
And Mr. C_uoIuxN, in the United States Senate, in 1838,
said that "many in the South once believed that slavery was a
moral and political evil;" and Mr. BUTLER, late a United States
Senator from South Carolina, said in the Senate in 1850, that he
"remembered the time when slavery was regarded as a moral
evil, even in South Carolina."
In such a state of public sentiment, it is certainly no marvel
that slavery was not allowed to extend into the Territories and
new States. It was not prohibited in the northwest territory,
because it was supposed to be, or would become, an evil in that
236 
REMA REKS OF MR. GOODRICH.
territory particularly, or a greater evil there than anywhere else;
but because it was regarded as an evil everywhere, and therefore
wrong to permit its extension anywhere, when there was power
to prevent it. There can be no doubt it would have been pro hibited,in the Territories and new States of Alabama, Mississippi,
and Tennessee, if Georgia and North Carolina, previous to the
Federal Convention, had ceded them to the United States upon
the same conditions Virginia had ceded the northwest territory.
Proof of this is found in the fact that the plan of territorial
governments interdicting slavery forever after 1800, embraced
all territory ceded, or to be ceded by individual States; and still
further proof is in the fact, that the cessions by Georgia and
North Carolina, after the adoption of the Constitution, were
upon the express condition that slavery should not be prohibited;
thereby showing that the policy of the Federal Government, as
they understood it, was restrictive of slavery in the far southern
latitudes as well as in the more northern, and that they expected
the power to restrict would be exercised, if not withheld in the
deeds of cession. A proposition was, in fact, made to apply the
anti-slavery clause of 1787, to all the southern part of the
Mississippi territory, now the southern parts of Alabama and
Mississippi, by the act of April 7th, 1798, it being supposed at
one time that it belonged to the United States; but the debate
shows that the proposition was withdrawn because the jurisdiction was in Georgia, or because not five members of Congress,
after the question was examined, believed otherwise. Georgia
claimed absolute title and right of jurisdiction, and denied all
right on the part of the United States to interfere with slavery.
Congress did, however, prohibit the importation of slaves into
the territory, and declare every slave so imported to be entitled
to his freedom. This was probably wholly unauthorized, as it
was six years before Georgia ceded it to the United States, and
ten years before Congress had power to prohibit the importation
of slaves into that State. But these facts show a strong disposition on the part of "the fathers" to curtail and circumscribe
slavery, even in the far south, and at the hazard, too, of exercising
doubtful power.
Nothing can be clearer than that the original States had a
right to form a Federal Government on such terms as to them
237 
REMARKS OF x MR. GOODRICH.
selves as they could mutually agree upon, and to fix the terms
upon which they would permit new members to be admitted.
The Northern States were under no obligation to protect slavery
at all, not even by permitting fugitives to be reclaimed within
their limits.  If, then, they were willing to concede that right to
the original States, only upon condition that slavery should not
be allowed to extend, who will say they had not a right to make
that condition, or that, if agreed to, it would not be valid and
binding? With their views of slavery, believing it to be a moral
and political evil, it was certainly their first and highest duty
to make effectual provision against its extension, before undertaking, for any reason, to give the least protection to it. Such
provision they supposed they had made, and it was this that
justified them; if any thing could, in conceding the right of reclamation.
The free, or northern States, in the exercise of their admitted
right in deciding upon the terms of Union, insisted on making
it a fundamental and ever-binding condition that no obligation
to protect slavery in Illinois should ever exist; and this was done
for reasons which render it morally certain that they would have
insisted on the same condition in reference to Missouri, if Missouri had been part of the original territory. It would be
preposterous to suppose that while they would not consent to
guarantee slavery in any manner in Illinois, because they believed
it to be a moral and political evil, they meant at the same time
to make a Government that could obligate them to guarantee
it in the adjoining Territory or State of Missouri, either by
the return of fugitive slaves, or in any other manner. They
meant no such thing, nor can an honest interpretation of the terms
of union bind them to such guarantee now. The right to recapture fugitive slaves could not exist without the consent of the
fi-ee States; and as that consent was given upon conditions and
with limitations, by necessary implication and every sound principle of construction, they reserved the right to say whether it
should exist upon other conditions and with other limitations,
or without either condition or limitation.
Mr. WICKLIFFE: -No one from Kentucky or Virginia
wishes to alter the ordinance of 1787. For GOD's sake spare us
the argument.
238
t 
REMARKS OF MR. GOODRICH.
Mr. GOODRI(CH:  I understand no alteration is proposed in
the ordinance; nor am I arguing against any such proposition. I
am showing what the policy of 1787 was, and what the compact of
the fathers was.  And I am doing this because it is in the spirit of
that policy and compact that Kentucky and Virginia tell us they
wish to have this controversy adjusted.  Massachusetts and the
other Northern States meant to fix, and supposed they had fixed, a
limit to their connection with, and responsibility for slavery. By
consenting to the clause which secured the right of reclamation,
they did become responsible for it to a certain extent.  So far as it
was supposed, when that clause was agreed to, that its effect would
be the recapture of fugitive slaves, and their return to bondage,
and so far as the purpose was to make such recapture and return
lawful, so far the responsibility of adding to the security of
Slavery was voluntarily assumed. But this was limited to the
existing States by excluding slavery from all United States territory.  If any part of such territory had been left for slaveryenough for a single slave State-it might be said that its extension
from a part was for reasons applicable only to a part, and so
could not be considered as establishing the principle of nonextension. But now this cannot be said. Not a foot was left
for slavery.
We thus see what the state of things would have been to-day
if foreign territory had not been acquired.   Such acquisitions
were not originally contemplated, and of course not provided for.
The first-Louisiana was deemed unconstitutional by Mr. JEFFERSON, and yet it was made while he was President; but with
no right, "according to the spirit of the compact of the fathers,"
to place the Federal Government or the States under any other
relation to slavery in subsequently acquired territory than that
which they sustained to it-the only one they would consent to
sustain in the Territories possessed at the time that compact
was made.
A great deal is said about State rights. But the doctrine of
State rights proves too much.  Massachusetts had a clear and
undoubted right originally to limit her obligations upon this
subject. And she did limit them. The original compromise
was "better security" to slavery in the original States, with no
extension of it to the Territories and new States. This better
239 
REMARKS OF MR. GOODRICH.
security was the accepted consideration for waiving the right to
extend, and Massachusetts may rightfully insist on this waived
right to extend, so long as this "better security" is demanded
of her.
Southern gentlemen in this Convention propose to be governed by the principles of the founders of the Government, and
by the Constitution, or compact of union, as those founders understood it. By that they say they are willing to do as the
fathers did, and adjust the present unhappy controversy by
applying to new territory the same principles which the fathers
applied to the old.  Let me assure gentlemen from  the slave
States that if they are really in earnest in offering these terms
of adjustment, this unhappy controversy can be settled in less
than an hour's time. Having always claimed the right to recapture fugitive slaves in territory acquired since, as well as in
that acquired before the adoption of the Constitution, the slave
States have ever been bound, upon every principle of honor and
fair dealing, to concede the original consideration for it, that is,
prohibition. A purpose secretly entertained when that compromise was made, to use the Government in the manner it has
actually been used, to enlarge the area of slavery and the obliga
tion to guarantee it, would have been dishonest and fraudulent;
but the fact that this purpose was conceived afterward, as it doubtless was, does not alter the case a whit. No man possessed of
the facts can honestly claim that the bargain between the North
and South, interpreted according to the true interest and meaning of both parties at the time of making it, can justify the
extension of slavery a rod beyond the original States, or a
particle of protection to it beyond the right to recover fugitives
from such States.
Having thus shown, as I think I have, that an essential element in the basis of the "more perfect Union" on the question
of slavery, was the principle of non-extension, we find the first
failure to assert this principle was in the omission to apply it to
the Louisiana purchase. The importation of slaves into that territory was immediately prohibited. That probably cut off the
only source of supply from which danger of extension was then
apprehended. The, policy of the Government was well understood, and no apprehension of a practical departure from it exist
240 
REMARKS OF MR. GOODRICH.
ed. There was nothing in the circumstance of the purchase, or
the reasons for making it, to excite such apprehension. But it
was seen on the application of Missouri for admission, that the
ordinance of 1787 should have been applied to it at the time
of the purchase.  If it had been, Louisiana, Missouri, and Ar- 
kansas would never have become slave States (the few slaves in
New Orleans and vicinity being emancipated, as they should
have been, upon some equitable principle), and the Missouri Com  promise, which was the second departure from the original policy,
would never have been made. The third was the annexation of
Texas as a slave State, and the argument to'divide it into three
or four more.  Annexation led to the war with Mexico  and the
acquisition of a large part of her territory, and to the compromise
of 1850, by which it was Congressionally agreed that the States
formed in that territory might be admitted with slavery, if their
Constitutions should so prescribe.  This was the fourth departure
from the original policy of prohibition. The fifth was the repeal
of the Missouri Compromise in 1850, and the attempts to subju gate and enslave Kansas. That repeal made the change from
the original policy radical and total. Certainly it is high time
"to restore the Union and Constitution in the spirit in which
they were established by the fathers."
And now, sir, I propose to begin the work of "restoring the
policy of 1787," by applying the ordinance of 1787 to every foot
of organized and unorganized territory, wherever situated, which
now belongs to the United States, precisely as the fathers applied
it to every foot of such territory at the time the Constitution was
made; and I ask, in all earnestness and seriousness, what any
member of the Convention can have to say against this, who sincerely desires to " restore the Union and Constitution in the spirit
in which they were established by the fathers of the Republic,"
and is "ready to adjust the present unhappy controversy"
in the same spirit? What, I beg to know, can be said against
this mode of adjustment by those who are in favor of a c; restoration of the Constitution to the principles and landmarks of our
fathers," and of a "return to the policy of 1787"?  Can any
man doubt that that ordinance would have been extended
over all these territories in 1787, if they had belonged to the
United States at that time?  Let slavery, then, be prohibited
16
241 
REMARKS OF MR. GOODRICH.
now precisely as the fathers prohibited it then. Copy that old
ordinance word for word, and give it legal force and effect, and
make it the basis of all laws, and all constitutions, and all governments in these Territories forever, because the fathers gave it
such force and effect, and made it the basis of all laws, and all
constitutions and all governments forever in all thle Territories of
the Union, in 1787. If that would not be a return to the " principles and landmarks  of the fathers," and to  the " policy of
1787," then I beg to know what would be? How is it possible
-I put it to you, gentlemen of the South- how is it possible to
persuade yourselves that thle principles and policy of 1787 can be
restored by adopting the resolutions of thle General Assembly of
Virginia? By what process is it that the gentleman (Mr. SEDDON) from ~irginia, has come  to believe that the South is entitled, according to the spirit of the compact of the fathers, "to
the added guarantees" of which he speaks?  According to the
spirit of that compact it is manifest the slave States are entitled
to no added guarantees.
But another of the Virginia Commissioners (Mr. RrvEs) tells
us that this question of slavery in nowise concerns the free
States. On this point I will quote from a very high authority,
which Virginia, certainly, will respect. Mr. MADISON was a
member of the first Congress under the Constitution. A colleague of his, Mr. PARKER, proposed a duty on the importation
of slaves, and said he "hoped Congress would do all that lay
in their power to restore to human nature its inherent privileges,
and, if possible, wipe off the stigma under which America labors." Mr. MADiSON, in remarking on that proposition, among
other things said:
" Every addition the States receive to. their number of slaves tends to
weaken and render them less capable of self-defence. In case of hostilities
with foreign nations, they will be the means of inviting attack instead of repelling invasion. It is a necessary duty of the General Government to protect every part of their confines against danger, as well internal as external.
Every thing, therefore, which tends to increase danger, though it be a local
affair, yet, if it involve national expense and safety, becomes of concern to
every part of the Union, and is a proper subject for the consideration of
those charged with the general administration of the Government."
And we hear, too, a great deal about war, civil war, if this
unhappy controversy is not satisfactorily adjusted, which means
242
I 
REMARKS OF MR. LOOMIS.
upon the terms proposed by the slave States. But do gentlemen
mean that an appeal will be made to the sword, unless the Constitution shall be so amended as to "provide that slavery of the
African race shall be effectually protected as property in all the
territory of the United States, now held or hereafter acquired
south of latitude 36~ 30"'?.-which is the proposition of Virginia.
If that is what is meant, then let me, before I close, read an extract from one of the last speeches made by -HENRY CLAY in the
Senate of the United States. It is as follows:
"If, unhappily, we should be involved in war, civil war, between the
two portions of this Confederacy, in which the effort upon the one side
should be to restrain the introduction of slaveryinto the new Territories, and
upon the other side to force its introduction there, what a spectacle should
we present to the astonishment of mankind, in an effort, not to propagate
rights, but-I must say it, though I trust it will be understood to be said with
no design to excite feeling-a war to propagate wrongs!"
Mr. HOWARD moved an adjournment.
Mr. BRoNsoN objected, raising the question of order. iHe
claimed that the Conference, by adopting the resolutions of Mr.
RADOLPI, had fixed the limits of the sessions, frogt 10 o'clock
A. M., to 4 o'clock P. M.
The motion of Mr. IHOWARD was not concurred in.
Mr. LOOMTIS:-I feel that this is an important crisis in the
affairs of the country. Perhaps it is the most important that
ever occurred in American history. The first Convention of
thirteen scattered States was earnestly engaged in protecting the
liberties which had been won in the Revolution. It gave us a
Constitution under which, for more than seventy years, we have
lived prosperously and happily. Now political contests have
taken place.  New questions have arisen, and one portion of the
Union believes the Constitution inadequate to protect its interests. The question which we are obliged to consider is: How
shall we save the country?   Disguise it as we  may, deceive
ourselves as we may, the country is in danger-in great and imminent danger. A solemn duty is imposed upon each one of us.
How shall we save the country?
Virginia has invited this conference of her sister States.
Pennsylvania responded to her call with all activity.  Pennsylvania has responded because she understood and appreciated Virginia. There is great misapprehension in the North concerning
243 
REMARKS OF MR. LOOMIS.
this venerated State, as well in regard to her motives as in regard to the principles and feelings that influence her people in
their intercourse with and their action toward other States of
the Union. I know Virginia well. I have associated with her
people. I have practiced before her judicial tribunals.
Some years ago I was greatly pressed by an abolitionist who
was indicted in Virginia, to undertake his defence. He was
very fearful that he would not receive an impartial trial, that
the court and jury would participate in the public excitement.
I told him that he need indulge in no such misapprehensions.
I knew Virginia too well for that. I told him, however, that if
he desired it, I would go; but it was simply to defend him, and
secure him a fair trial-to act as his counsel.  I could not repre.
sent his sentiments, for I am not and never was an abolitionist.
I assumed his defence. I told him I would go, and I went. I
did find great excitement there, but it did not surprise me.
Many valuable slaves had shortly before escaped, some of them
through the assistance and instrumentality of my client. Judge
Fry was the presiding judge of the court. His liberality, and
that of all his officers, was great-as great as I ever enjoyed in
my own State. The sheriff of the county drew thirty-six jurymen. Of these, twelve were slaveholders, twelve were abolitionists, and twelve were non-slaveholders. When the jury was
finally e6pannelled it consisted of nine abolitionists and three
non-slaveholders.
I never saw in my whole professional life a trial conducted
with greater fairness or justice. The whole of it was entirely
satisfactory to myself, and I believe to my client.
I have ever since entertained a feeling of the highest respect
for Virginia.  Her abstractions I confess I could never understand, nor did I ever wish to. They are her exclusive property,
and she never uses them to the injury of her neighbors. If she
chooses to make the resolutions of'98 a matter of importance, I
do not know that anybody is injured.
I regretted to hear the imputations upon Virginia which
some gentlemen have seen fit to make.  Menace is not the habit
of that ancient commonwealth. She does not indulge in it, and
it would not become her. The gentleman from New York in.
timated that if a State came to him with a menace he would
244 
REMARKS OF MR. LOOMIS.
meet it with a menace. In this I agree with him. If Virginia
came here with a menace I should meet her with defiance.  But
happily for us we have no occasion to consider the question in
this light. If ever a State came to meet her sisters, to consult
for the common good in a proper spirit, Virginia does so now.
A military chieftain once, when approaching his death,
lamented that he had no children to transmit his name and his
qualities to posterity. Virginia will never need to take up such
a lamentation. She has children enough. She is the mother
of WASHINGTON  and JEFFERSON, of MADISON, MARSII ALL, and
CLAY. Rightly and justly she has been called the mother of
States. She is the mother of States, and of millions of freemen.
I honor and respect Virginia, for she deserves it. She was
among the foremost in the Revolutionary struggle; and since it
was terminated, she has exhibited a continued example of patriotism and loyalty. Hier sons have been among the ablest in our
legislative councils, and even to-day she sets a noble example before the country, for the emulation of her sister States. Our
interests are inseparably connected with her own. We will
acknowledge the fact, and act in view of it. Let her remember,
also, that she has a common interest with us. She will do so
because she will be faithful to her old traditions as well as to her
present duty.
I cannot believe that the time has come when it is necessary
for us to contemplate a dissolution of the Union. The people
are not prepared for such an awful event. We do not yet know
how heavy sacrifices they will make to avoid it. Some States
have left us I know, but I believe their absence is but temporary.
We must have them back, and we will. As for the Border
States leaving us in the present condition of affairs, with the
present feeling of friendship for them, that I regard as an impossibility. Why should the Border States go out of the Union
when three-fourths of the present Congress are ready to give
them all the guarantees they ask?
But let not Pennsylvania be misunderstood in her position.
She will yield a vast deal for peace. She will examine and recognize the rights of every section of the country. She believes
that when this is done, it is the duty of all to stand by the Union.
She believes that the Border States cannot connect themselves
245 
REMARKS OF MR.  LOOMIS.
with a so-called SouthernuConfederacy without involving themselves in a vortex of ruin. The President of the Southern Confederacy already talks about the smell of gunpowder, and about
battles at the North. Well! he is a brave man no doubt, but if
he will invade Pennsylvania we will resist him. Pennsylvania
has gold enough to calm her friends; she has iron enough to cool
her enemies.
But Pennsylvania desires no war. She will do all that an
honorable State can do to avoid war. In that temper she sends
her delegates here, and they will do all that honorable men can
do to carry out her wishes. She has no desire to be a frontier
State with her four hundred miles of border, which she must
guard and protect if disunion takes place on the terms suggested.
She will do all she can to avoid disunion. She is now a central
State-the keystone of the arch. She wants no imaginary line
drawn along her border, with herself on one side of it and enemies
upon the other.
Pennsylvania has always kept faith with the Union. She
has always performed all her duties toward the Federal Government with cheerfulness and fidelity. Hier three millions of
people are true to all their obligations now-to the Government
as well as to her sister States.  Her voice is for peace.  She
would at all hazards avoid disunion. She would make many
sacrifices to avoid civil war. Last of all, she would do all she
could to save the Union; she would never permit the destruction
of the country. My own position is easily defined. I fully sympathize with and endorse the position of Pennsylvania.
Mr. LooMis referred to the election, installation, and message of the Governor of Pennsylvania, also to various resolutions of political conventions in
Pennsylvania, in confirmation of his own views of the sentiments of the people of that State, and continued:
I shall dwell but a short time upon the provisions of the proposed amendments. I can live under the Constitution as it is, or
as it will be if these amendments are adopted. I shall uphold
the Constitution. I shall commit myself to no opposite course.
The whole amendment is connected with and concerns the question of slavery in the Territories. This has always been a fruitful source of trouble.
The character of the relation of the Government to the Terri
246 
REMARKS  OF MR. LOOMIS.
tories, and the interests of the States in them, were questions
raised in most of the States when the Constitution was adopted.
The compromise of 1820, it was hoped, settled one question
concerning them the question of slavery. But upon the repeal
of the compromise the difficulty was opened again. Pennsylvania never took as ultra ground respecting this subject as many
other States. She thought its importance was magnified. It is
magnified now. If the South secured the amendment proposed
it would not avail her much. The granting of it would not injure the North. The territory is unfitted for the profitable employment of slave labor. That is shown by experience. In ten
years scarcely ten slaves had found their way into New Mexico
and Arizona.
This is a question of sectional interest, and may be one, to
some extent, of political power. Examine, for a moment, the
true interests of both the North Ind South, in the question as it
is now presented. I mean the interest of the extremes, for the
Border States certainly cannot have a very deep interest in it.
They lay between the two sections, and to some extent sympathize with both. The valuable portion of our present territory
is north of the line proposed. It is rich in agricultural and
mineral resources. It will be changed in time into a number
of powerful and wealthy States.   Is it not desirable now to
exclude slavery from them forever? Then as to the territory
south. It is smaller in extent, and almost infinitely less valuable.
Much of it is barren desert which can never be cultivated. Considered as a material interest, the South is asking but little. The
North is giving up almost nothing, by agreeing to give the South
the control of this section while it remains a territory. But the
South does not ask even that. She simply asks to have those
rights guaranteed, the existence of which are already practically
conceded.
As to future territory, I would raise no question about it.
We want no more territory north or south. Its acquisition
would only be attended with new troubles. New questions
would be raised to threaten the quiet of the country and the
stability of our institutions.  Why should we trouble ourselves
about the acquisition of new territory when we have already
enough for one hundred millions of people?
247 
REMARKS OF MR. LOOMIS.
We may form a Constitution which will be entirely satisfactory to the nation now. We may extend our territory in such a
way as to render a change indispensable. Considerations of
climate and race will be constantly occurring, which will require
new changes. The Federal Constitution may have been well
enough adapted to the four millions of people to whom it was
first applied, and it is not strange that the growth of the nation,
and the new interests which have since arisen, should require
some changes now. I say that we need no more territory.
What objection, then, can there be to compromising this matter,
to arranging it to the satisfaction of all parties, if the rights of all
can be regarded and secured? The course which I would follow
in such a case, wouhld be that indicated by traditional policy of
statesmen in whom our people have had confidence-the policy
of such men as HARRISON and HENPRY CLAY.
I do not regard the provisions relating to slavery in the District of Columbia as of any practical consequence to the North.
Pennsylvania cares little about it. There would seem to be a
propriety in countenancing slavery here so long as it exists in
the adjoining States.
The Border States ask us now for these guarantees. They
ask them earnestly and in a spirit of loyalty to the Union.   My
answer to such a request, urged in such a spirit, is, that I
would give them any guarantees I could within the limits of the
Constitution.
Pennsylvania forms one of the brotherhood of States. She
is in the Union, and she will remain there. She is bound to it
by all the memories and associations of the past, and by all the
hopes of the future. She will discharge, as she always has discharged, all her duties, all her obligations to the Union. No
State exceeds her in devotion to it.  But, at the same time, she
will not be unmindful of her duties and her obligations to the
other States. She would discharge these obligations as she can
afford to discharge them, in a spirit of generosity and conciliation. In that spirit she will give her assent to these propositions
of amendment. I believe I have fairly represented the opinions
of Pennsylvania in what I have said, and I rely upon her people
-my constituents-for my justification.
Mr. CHITTENDEN:-I will consult the pleasure of the
248 
REMARKS OF MR. CHITTENDEN.
Conference whether I shall proceed with my observations now,
or during the evening session?
Mr. MOREHEAD:  I think the Conference had better adjourn. I make the motion.
The motion was adopted, and the Conference adjourned to
meet at half-past seven o'clock this evening.
EVENING SESSION-FOURTEENTH DAY.
WAsINGTON, THURsDAY, February 21st, 1861.
THE Conference was called to order at half-past seven o'clock,
M3r. ALEXANDER in the chair.
Mr. CHITTENDEIN:-I feel gratified by the kindness which
has given me an opportunity of making a few observations to the
Conference, and I shall not abuse it.
The  delegates from Vermont have acted  throughout the
session under great embarrassment. We hold our appointments
from the Executive of that State. Hier Legislature was not in
session when the Virginia Resolutions were adopted, and the day
fixed for the meeting of the Conference was so early that no
time was given to the Governor of Vermont for consultation, or
for taking any other means of ascertaining the temper of the
State in relation to the Virginia plan. We were summoned by
telegraph-myself upon an hour's notice-to come here, and we
obeyed the summons.
By the rules of the Conference we are prohibited from correspondence with our constituents upon the subject of its action,
and we are entirely without recent information concerning their
views and wishes. But one course remains to us, and that we
must inflexibly pursue. That is, to apply the propositions upon
which we are called to vote, to the known and established
opinions of our people upon the principles involved in them;
and if these principles coincide with their opinions, to give our
assent  if they do not, to withhold it. We hold it our duty to
respect and obey the opinions of our constituents; and in our
action here, such obedience is a pleasure.
249 
lREMARKS OF MR. CHITTENDEN.
First of all, before referring to the merits or demerits of these
propositions, I wish to be informed distinctly upon one point.
One section of the Union requires guarantees; the other does
not. Here are two parties having different interests, proposing
to themselves different courses of action. One of them proposes
these guarantees in the form of what it calls a compromise.
There are many subjects which, in the experience of life, we are
obliged to compromise. All of us understand the meaning of
the term. It implies that when two parties differ upon a subject
of common interest, each is to yield something to the other,
until both reach an agreement upon a middle ground, and the
difference is settled. But one consequence always follows, always must follow, or it is in nowise a compromise: Both  partis
are bound by the agreement.
There is another way in which compromises are effected.
When opposing parties cannot come to an understanding, they
agree to submit the matters in difference to some tribunal that
can decide between them. A like consequence always follows
from such a proceeding.   The parties agree to sumit to the
decision, to be bound by it, and mutually undertake to carry it
into effect, whatever the decision may be.
There is still another way in which a political7 compromise may
be made. Its terms may be agreed upon, and then it may be
submitted to the people for adoption. When adopted, it becomes
the law of the land-equally binding upon all sections of the
country.   If it is rejected, the party which proposed it has
secured its submission to the proper tribunal-it has been considered, and that party should, upon every principle of law or
morality, acquiesce in the result.
Except in one of these three methods I know of no way in
which a compromise can be made.  Let us apply these methods
to the questions before us. One of them must be adopted if we
compromise at all.
In fact there is one principle which forms the very foundation
of our Government, and it should be kept constantly in mind. We
cannot negotiate, we cannot legislate, we cannot eonprormise;
unless all parties will acknowledge its binding force. I~ there
is a party that does not acknowledge this, in my judgment that
party has no right to be here. It is not a Republican party. I
250 
REMARKS OF MR. CHITTENDEN.
do not use this term in a party sense, but in the sense which is
used in the fourth article in the Constitution, where the United
States are required to guarantee to every State a repulican form
of Government. The principle to which I refer is this: That the
will of the majority,. constitutionally expressed, must control the
Government, and all questions relating to it; and that will must
be respected and obeyed by the minority.
Now, if the members representing the free States will accept
these propositions of amendment in good faith-will agree to
submit them through Congress to the people of the States, and
to be bound by the decision of the majority, whatever that decision may be-will you, gentlemen of the slave States, do the
same?  I do not refer to the States which have undertaken to
withdraw from the Union.  I only call upon the members for
the States here represented. You have the right to speak for
your respective States. You are sent here for that purpose.
You ask us to give our votes for proposals which are certainly
unpleasant, not to say offensive to us, and to use such influence
as we possess to induce Congress to submit these to the people.
You express the highest degree of confidence in the result.
This is your plan of compromise. If we resist it, you charge us
with standing between the people and your plan-of sacrificing
the Union to our platform. Very well. If we will submit your
propositions to the people, and agree to be bound by and to
acquiesce in their decision, will you do the same? If you will,
it may be of service to protract this discussion, to make these
propositions as acceptable as possible. If you will not, we are
wasting time. We may as well stop here. Believe me, sir,
Vermont, as well as every other free State, will have too much
self-respect to agree to the terms of a compromise which will
bind one party and will not bind the other.
There is one thing farther which we must understand. It
has been frequently referred to in debate, and I shall not enlarge
upon it. Time must elapse before these propositions can be
acted upon.   The free States expect faithfully to observe all
their duties to the General Government-to keep faith with it as
they always have.  Will the slave States do the same?  Will they
not only not obstmuct the Government in the execution of the
251 
REMAKS OF  M.  CIRrITENDEN.
laws, but will they aid the Government in executing the laws?
The answer to this inquiry is as important as the other.
Now, it is useless to tell the people of the free States, that
such is the present condition of the South, such is the apprehension and distrust prevailing there, that we must give them these
guarantees at once, without any longer delay or discussion-that
if we do not they will secede. Such an argument as that, sir, is
an unworthy argument; it is unfit to be used in an assembly of
men met to confer upon the Constitution. This is not the way
in which good constitutions are made, for one of the several parties to present its ultimatum, and then insist upon its adoption,
under the threat that if it is not adopted they will go no farther.
If such is the true condition of affairs in some of the States, and
the gentlemen representing them are the best judges, then before
proceeding to amend the Constitution to satisfy them, I think we
had better try to put them into a frame of mind suitable for
negotiation. A Constitution adopted in that way would be good
for nothing. Let it once be understood that such claims will be
recognized, and we shall have amendments to the Constitution
proposed as often as any section can find a pretext for proposing
them. The agreeable course to us all would be to yield to your
pressing appeals.   But you ask us to compromise upon most
extraordinary terms. You will not give us the slightest assurance that the people of the slave States will acquiesce in the vote
of the whole people upon your propositions.  You even say, you
will not acquiesce, if the decision is adverse. You are in doubt
if they will be satisfied if the decision is in their favor; and some
gentlemen frankly avow that these propositions in themselves
are not satisfactory.   The gentleman from Virginia, with an
openness and a frankness which seems a part of his nature, tells
us in substance that Virginia will not be satisfied with these;
that Virginia is settled in her determination that slave property
shall be respected; that it has as high a right to protection as any
other property, and in some respects higher; that Virginia will
have these rights acknowledged and secured under the Constitution, or she will not be satisfied. The statement that she will
not be satiscad, has a very peculiar and expressive signification.
Such being our present condition, I have little hope that good
can come of our deliberations. We have started wrong. We
252 
REMARKS OF MR. CHITTENDEN.
should have settled the questions first, that the Union must be
preserved, the  laws  enforced, and the duty of every State
toward the Union performed, in every contingency and under
all circumstances. Having resolved this, we could then go on,
carefully consider the wants of every section, and we could afford
to be generous in meeting the views of our Southern friends.
I feel more diffidence than I can well express in being obliged
to differ so widely from the opinions of the gentlemen who have
introduced the proposals contained in the majority report, and
who have advocated them with such signal ability. I have less
hesitation in expressing my unqualified dissent from the representatives of the free States, who pledge the people of those States
so unreservedly to the support of these propositions, if Congress
will submit them to their constituents. I object to these pledges,
because I know they are deceptive, that they are made without
authority, and that they will never be fulfilled. The South may
as well understand this now, as hereafter.
The Union is precious to the people of the free States.
They look upon it with a feeling closely approaching to reverence. They have looked upon its dissolution as the greatest
national calamity possible. They have been taught to regard
the idea of dissolution as a sin. Now, when the subject is
forced upon their attention, when Conventions are called throughout the South to discuss it, when in some of the States the process has already commenced, I am well aware they will make
heavy sacrifices to preserve the Union. They will sacrifice their
prosperity, political influence, friendship, social relations, yes,
their lives, to secure its perpetuity. But they will not sacrifice
their principles which they have conscientiously adopted. No,
not even to save the Union.
But let me not be misunderstood. A Government that cannot be maintained without the sacrifice of those principles upon
which all good governments are founded, is not worth preserving.  Such is not the case with ours.  Its preservation requires
no such sacrifice; and if we  made  it, the sacrifice would  be
useless. The habit once commenced, we should be called upon to
repeat it over and over again, until at length we should have a
Government destitute of principle.
The people of the slave States believe that slavery is a desira
253 
REMARKS OF MR. CHITTENDEN.
ble institution, that a Goverment founded upon it would be most
desirable. It has been declared here, that it is even a missionary
institution, and that the North, in attempting to overthrow it, interposes between the slaveholder and his Maker, thereby preventing him from performing a duty toward the African race which
his ownership imposes upon his conscience. WelI, that is a question between yourselves and your consciences. We do not wish
to interfere. Keep the institution within your own State limits,
and we are content that you should have all the credit, and
honor, and glory that pertains to it.  Over and over again the
truth has been asserted here, that there never has been, and is
not now, any party, or any considerable number of men in the
free States, who entertain the idea of interfering with slavery in
the States. The opinions of a few rash men who entertain other
views, are no more respected among us than among yourselves.
But the growth and extension of slavery outside of State limits,
in the Territories which are our common property, present a very
different question. If the North permits it there, to that extent
it becomes responsible for slavery. I do not care what term you
use to describe the feeling of the North in relation to slavery.
One gentleman says that the North abhors it, and the use of the
term has excited much comment. I may be still more unfortunate, but it is my duty to say that you cannot present an idea
more repulsive to the northern mind or the northern conscience,
than that of making the North responsible for the existence, expansion, growth, extension, or any thing else relating to slaverv.
Right or wrong, this sentiment has taken a firm hold of the
northern mind. There it is, and it must be taken into account
in every proposition which depends for its success upon the action
of the North. Sneering at it will do no good; abuse will only
make it stronger. You cannot legislate it out of existence.
From this time forward, as long as the nation has an existence,
you must expect the determined opposition of the North to the
extension of slavery into free territory. If your proposals of
amendment involve that, we may accept them, Congress may
propose them, the South may adopt them; but the answer of the
North to them all will be an emphatic, a determined, Vo!
Mr. GRANGER:-If you Republicans will let us go to the
254 
REMARKS OF MR. CHITTENDEN.
people, we will show you what they will do. I think I understand the wishes and feelings of the people of the North.
Mr. CHITTENDEN:-No  doubt.  The gentleman says he
supported the BELL and EVERETT ticket. The record of his State
shows to what extent his opinions are in sympathy with those of
the people of the North.
Mr. President, for a time I did expect profitable results from
this Conference. As I watched it from day to day, it seemed to
me that generally the States had been very fortunate in the selection of their representatives; that few of extreme opinions had
been selected; and that such a body, animated by common love
for the Union, and by a common desire to secure a perpetuity of
its blessings, must finally come to an agreement which would
satisfy all; or if not, to an agreement in which all would acquiesce. In that belief I had determined to give my assent
to the most extreme propositions which might be made here, that
did not run counter to the position of my State upon the question of slavery extension, if those propositions would quiet the
country and settle our present difficulties.
But when I heard it announced on this floor that the propositions contained in the majority report even, which do provide for
the extension of slavery into the Territories, which involve a direct constitutional recognition of slavery for the first time, which
place it above and beyond legislation, which take it out of the
hands of posterity, which compel the North to pay for fugitives;
and when I heard it stated that even these were not enough to
satisfy the South, that Virginia must have something more,
that she was "solemnly pledged against coercion, that she would
not agree to abide by the decision of the people upon these propositions," then hope went out from my heart! I have not since
had any expectation that much good would come from our deliberations.
I have refrained from entering into the merits or demerits of
slavery. I have refrained, so far as I could, from repeating what
has been better said by others than I could say it.  The point
which I wish to press upon the Conference is this: Speaking for
one State, we frankly tell you that she will not enter upon a compromise which is not fair and mutual, which does not bind both
parties.
255 
REMARKS OF MR. CHITTENDEN.
But, sir, although I have thus expressed myself, I do not at
all despair of the Republic. I do not believe that a dissolution
or destruction of this Government is to take place.  Its origin
and its existence have been characterized by too many signal
interpositions of Providential favor.  We cannot look into the
future. I have no desire to do so. If we all conscientiously
perform our prescribed duties, if we are faithful to ourselves,
to our people and our Constitution, IIE who rules the nations
will take care of the rest. It may be that the clouds which
now cover our horizon will be swept away, carrying with them
all these subjects of difficulty and danger, which alone have
troubled the quiet and the prosperity of the American Union.
Mr. LOGAN:-Instead of dreaming, like Mr. FIELD, of news
from the seat of war, and of marching armies, I have thought of
a country through which armies have marched, leaving in their
track the desolation of a desert. I have thought of harvests
trampled down-of towns and villages once the seat of happiness and prosperity, reduced to heaps of smoking ruinsof battle-fields red with blood which has been shed by those
who ought to have been brothers-of families broken up, or reduced to poverty; of widowed wives, of orphan children, and all
the other misfortunes which are inseparably connected with war.
This is the picture which presents itself to my mind every day
and every hour. It is a picture which we are doomed soon to
witness in our own country, unless we place a restraint upon our
passions, forget our selfish interests, and do something to save
our country.
We feel these things deeply in the Border States. The people of these States bear the most intimate relations to each
other. They are closely connected in business. They associate
in their recreations and their pleasures. The members of a
large number of their families have intermnarried. State lines,
except for legislative purposes, are scarcely thought of. The
people of Kentucky, Ohio, Indiana, and Illinois, are one people,'
having an identity of sympathy, of feeling, and of interest.
We have in the West a section of country known as the dark
and bloody ground. The historical incidents connected with
it are of the most sad and mournful character. There is buried
under it an ancestor of almost every family descended from the
256
t 
REMARKS OF MR. LOGAN.
early settlers of the West. But this ground is limited in ex tent. If we are to plunge this country into civil war-if we
are to go on exasperating the sections until they take up arms
against each other, then shall we make a dark and bloody ground
of all the Border States.  We shall desolate all their fields, and
carry sorrow and mourning into every family within their limits.
Should we not have a deep interest in avoiding war? Should
we not labor with, and entreat the people of all sections to help
us avoid it?  If it comes, we are to be the sufferers.  Upon our
heads the ruin must fall. We cannot and will not talk about
abstractions now. We are impelled by every consideration to do
all we can to settle our differences, and keep off the evil day that
brings civil war upon our happy and prosperous country, and to
prevent the devastation of that country.
I wish to say a few earnest words to my brother Republicans.
You object to these propositions because they are pressed just
now when the new administration is coming into power. You
say that there is no need of them, and that they involve submission on your part, as a condition of your enjoying the fruits of
the victory you have won. Let me assure you that no one labored harder for the triumph of Mr. LINCOLN than myself; I exerted
what little influence I had; I paid my money to secure his election; I now wish to give him an honorable administration. I
believe he will make a good President, and I wish to give him a
united country to rule. This can only be done by a settlement
of our troubles. No one will rejoice over that settlement more
than Mr. LIncoLLn.
Fellow Republicans, the only way that opens before us now
to settle them is, by adopting the report of the committee; by
permitting the people to adopt it. Call you, dare you, refuse to
let these propositions go to the people? Dare you stand between
the people and these propositions?
I would appeal to you on another ground. Remember that
it is the minority that is asking for these guarantees. You are
just coming into power. The country has approved of your action in the election of Mr. LNcoLL.  You can afford to be liberal.
Liberality is a noble trait in any character, whether it be that
of an individual or political party.
There are reasons why the South should be apprehensive
4,
257
r17 
R,REMARKS OF MR. LOGAN.
now. The organizations of the old Whig and Democratic parties
had nothing sectional in them. There were no resolutions in
their platforms which could give the South any cause of alarm.
The contest between these parties did not involve any sectional
interests whatever. Now, it is undeniable that the organization
of the Republ)lican party was brought about by the agitation of the
slavery question in its various forms.
It is not strange to me that the success of that party in the
late election should be misconstrued and misunderstood by the
South, and that the people there should be apprehensive for the
result.
If the Missouri Compromise had not been repealed we should
not have found ourselves in our present condition. It was the
repeal of that compromise that brought the Republican party
into power. The masses of the people do not sympathize with
extremists on either side. The Republican party took the middle ground, and thus rendered itself acceptable to them.
After the repeal of the Missouri Compromise came the Kansas
agitation. In this the North was right and the South was wrong.
Slavery was attempted to be forced upon an unwilling people.
They resisted-the American people always will resist injustice.
The excitement pervaded the whole country. Sympathy was
excited for Kansas, and properly enough. This excitement benefited the Republican party-it injured all others.   It overwhelmed all other considerations. The aspect of the slavery
question was remembered in Kansas; elsewhere it was forgotten.
In this way, was the Republican party brought into power.
I say now that if the Union is dissolved, that party will be responsible; responsible, as that party has now the power to prevent it.
The gentleman from Vermont, who has put his argument in
a very ingenious way, insists that before the North is called upon
to act on these propositions, that the South ought to declare
whether she will be satisfied with them. I do not think so. I
am perfectly aware of the difficulties under which the Representatives of the slave States are laboring. They cannot answer
this question. Let the gentleman remember, when he presses
this point so hard, and with such apparent candor, that even he
will not undertake to answer for New England. More than
258 
REMARKES OF MR. LOGANI.
that, he denies the authority of those who undertake to answer
for the North. I do not believe the gentleman is very extreme
in his opinions; but let him remember that the South should be
treated fairly, and that she is placed in circumstances of peculiar
embarrassment. It raised the hair upon Republican heads when
they were told that Virginia had presented her ultimatum. Now
complaint is made that she has not done so, and that she will not
say what will satisfy her.
I feel that I have no interest in this question, except the interest of a citizen. I hiave no special interest in it. I ask nothing of politics, but I do feel for my country. I may be wrong.
I do not claim infallibility; but I cannot bring my mind to the
conclusion that we ought not to adopt these proposals.  I cannot
see Iny practical injury to the North in them, and I can see
much benefit to the South.
The North is vitally interested in the preservation of peace,
in the preservation of her commerce, and other relations with
the South. These relations cannot be broken up without great
injury to the Northern people. My heart would rejoice if we
could think alike upon these propositions, and adopt them with
a degree of unanimity that would give them weight with the
country.
I would not assail the motives of gentlemen. Doubtless there
are men who honestly believe that such a proposition ought only
to be considered in a General Convention. In my judgment such
a Convention would be utterly useless. It would lead to endless
discussion, which would not be conducted with the decorum that
characterizes these proceedings. It would amount to nothing.
No, gentlemen, there is a better way than that. Let us have
no General Convention, but let us induce Congress to submit our
propositions at once to thie people. In no other way, in my
judgment, can we avoid the disunion that threatens us. In no
other way can the country be saved in her present peril.
Mr. DAVIS, of North Carolina:-*
* The speech of Mr. DAVIS is, I believe, the only one delivered in the Conference
which I did not hear, and of which I did not preserve minutes more or less full. The
reason for the omission was this: The morning session was protracted until a late
hour, and the labor of reporting the remarks of the members had been very severe.
The evening session commenced with some observations of my own; and after report
259 
IREMARKS OF MR. ORTH.
M/r. ORTI:-Mr. President, I have thus far avoided any
participation in the general discussion of questions which have
claimed the attention of this Conference.  My purpose has been
to give a calm and careful attention to whatever may be offered
for our consideration;  to hear with  unbiassed judgment  the
grievances which are the subject of complaint, and to afford
redress, if redress be necessary.
Virginia, rich in her patriotism of the past, rich in her historic
treasures, has called upon her sisters to convene and consult with
reference to the condition of the Union, and the matters which
are supposed to threaten our future peace and welfare. Indiana
heard and heeded that call.  To her it was as the voice of a
mother to her child.  It was a voice which none of the States of
the great Northwest-carved out of that vast domain which Virginia granted to the United States as the common property of
all could fail to hear with favor.  If dangers threaten the common welfare, if the future peace of this land is to be disturbed,
it was well for Virginia, as in other days of danger, to sound the
alarm, and invite a general council. In pursuance of that call,
Indiana is here, and here to listen.  She feels conscious that she
has by no act of hers infringed upon the rights of any of her
sister States; that she has been faithful to her constitutional
obligations-seeking for nothing but what was right, and ever
ready to remedy any wrong.  Occupying this position, her representatives on this floor would be derelict in their duty if they
ing the remarks of Mr. LOGAN, which followed mine, I found myself in such a condition of physical exhaustion that I was obliged to retire to my room. It was during
this temporary absence that the remarks of Mr. DAVIS were made. I was informed
that his speech was very animated and in excellent temper-that he took the position
that North Carolina was loyal to the Union, but that he fully concurred with the
Southern States in the necessity of demanding constitutional guarantees; and that if
these were not given, her relations were such with South Carolina and the Gulf States
that, however much she might regret the necessity, she could not do otherwise than to
leave the Union and unite her future with those of the seceded States.
I have been unable to communicate by letter with any of the members representing
the States now in insurrection. As Mr. DAvis was the only representative from North
Carolina who entered into a general discussion of the reports of the majority and
minority of the Committee of One from each State, I was the more desirous of securing
some report of his remarks. But in all the material which has been furnished me, by
the many members with whom I have corresponded, I find that none of them preserved
notes of his speech.
260 
REMARKS OF MR. ORTI.
attempted to assume any other, or to pursue any course of action
inconsistent therewith.
What, then, in all candor, are the grievances of some of our
sister States, as presented by their delegated authority to this
Conference? Nothing of a tangible nature calling for practical
and definite action.  A deliberative body ought not to act upon
the fears or imaginations of those desiring such action.  The
mere election of President of the United States by the votes of
the northern portion of this Union, affords no just ground of
complaint. That election is valid, being in strict conformity
with all the requirements of the Constitution.   The peculiar
notions or political opinions of that President cannot be the
ground of a just complaint, so long as these opinions in their
practical operations do not interfere with or contravene the provisions of that Constitution.  The opinions and principles of the
President elect, however obnoxious they may be to any portion
of the people of this Union, are harmless so long as his political
opponents have in their control the legislative and judicial departments of the Government. The question of slavery in the
Territories, if ever any real cause of grievance to any portion of
the Union, is in process of final settlement, and will be settled
before the close of the present Congress in a manner acceptable
to a large majority of the American people. What, then, is left?
"Personal Liberty bills " in some of the States; and these are
being repealed as rapidly as possible; and so far as practical
results are concerned, they have been a dead letter on the
statute books ever since their enactment.
The non-enforcement of the fugitive slave law. The history
of the country since the year of its enactment clearly shows that
no law among the national statutes has received more prompt
and vigorous execution, notwithstanding its exceedingly odious
features. Hiere, then, is the list of grievances, or I might more
properly say supposed grievances; and for a failure to redress
them, this Government is threatened with civil war.  To justify
this unnatural and diabolical resort to arms, the chimera of
"State sovereignty" is invoked. And what is State sovereignty?
The gentleman from North Carolina has endeavored to enforce
this doctrine, and deduce from certain premises, the right of a
State, when she feels herself aggrieved, to secede from her sister
261 
R REMA KS OF  MR.  ORTIH.
States, and assume an independent position and a separate
nationality. The fallacy of the gentleman's position, in fact the
fallacy of the doctrine of "State rights," and the deductions
made therefrom by the school of politicians and statesmen to
which the gentleman belongs, arises from confounding the terms
State rights and State sovereignty, and using these as though
they were convertible terms. The several States of this Union
possess certain rights clearly defined, and known and understood
by the reader of American political history. Subject to the
restrictions of the national Constitution, they have the right to
establish, regulate, and control their internal police and entire
polity so far as it affects the persons and property subject to
their jurisdiction; to regulate trade, commerce, contracts, marriage, the acquisition, possession, control, and disposal of real and
personal property; also the assessing and collecting of taxes, and
disbursement of the public revenue.
These are some of the main rights belonging to the States as
such, but these do not in any just sense constitute sovereignty.
The several States of the Union are not now and never have
been sovereign States. They never possessed the right to declare war, to make peace, to coin money, to enter into treaty
with nations, and none of them ever endeavored or attempted to
exercise any such rights as these. These are attributes of sovereignty, as laid down by writers upon the laws of nations, and
recognized as such by the civilized world. Examine the history
of your several States, and tell me whether in any one of them
any act or fact can be found which would entitle either of them
at any time, past or present, to be recognized as sovereign independent nations?
Mr. RUFFIN:-Will the gentleman from Indiana permit
me to inform him that during the Revolutionary War, the State
of North Carolina had laid the foundation of a navy, and at the
close of hostilities she transferred her vessels to the United
States.
Mr. ORTH:-I thank the gentleman from North Carolina
for the interruption, and for the allusion to the local history of
his State, of which I was not before aware.
There, then, we have a single instance of one of the States
taking one step toward sovereignty, by the establishing of a navy.
262 
REMARKS OF MR. ORTH.
I believe this is the only instance now remembered, and this
instance affords the strongest argument in favor of the position
I assume and am endeavoring to enforce. North Carolina, it
seems, had taken one step toward sovereignty; and yet upon the
adoption of our national Constitution, upon the creation of the
only sovereign Government in this Union, the Government of the
Union she transfers to that sovereign her infant navy; she relinquishes her only attribute of sovereignty- if such it be-to
the United States, and merges herself with her sister States into
that Union of States which has hitherto been our boast and pride,
as well as the admiration of thie world.
The several propositions now pending before us do not meet
my approbation, and cannot receive my support. They are in
the shape of amendments to the Constitution, and are all in the
interest of slavery, seeking to strengthen that institution, and to
give it an importance far beyond what the fathers were willing
to concede. While the North is willing to recognize and enforce
the requirements of the Constitution touching the various aspects
of the slavery question, so nominated in the bond, they feel unwilling to grant new guarantees to a system which the civilized
world is beginning to hold in detestation, and which is inimical
to free institutions, and the only subject of contention that will
ever seriously disturb the peace and prosperity of the Union. I
am opposed to the proposition before us: First, because the grievances complained of are not of that serious character requiring
any amendment of our fundamental laws. Secondly, because I
am in favor of the Constitution as it is, firmly believing that no
good reason exists for its change, and that an honest adherence
to its wise provisions is our surest guarantee for real or supposed
grievances, and that the present of all times is the most unpropitious moment to attempt any change or modification. Party
politics in all their embittered madness rule the hour, but calm
times and cool heads will be required whenever the American
people desire to enter upon so hazardous an experiment. Let
the Constitution remain; it has hitherto been, and will continue
to be, the palladium of our rights, the sheet anchor of our safety.
Thirdly, under no state of circumstances that can possibly arise
among us as a people, will I ever consent, by word, thought, or
deed, to do any thing to strengthen the institution of slavery. I
263 
REMARKS OF MR. ORTH.
regard it as an evil which all good men should desire to see
totally eradicated; and I hope for the day to dawn speedily
when, throughout the length and breadth of the land, freedom
shall be enjoyed by every human being, without reference to
caste, color, or nationality. While I am willing to tolerate its
existence where it now is, I am unwilling to extend its boundaries a single inch, and will not give it any guarantee, protection,
or encouragement, save what it can exact by the strict letter of
the fundamental law. Beyond that I will never go; beyond
that Indiana will never go; and to this, gentlemen from the
other side had as well become reconciled.  It is the ne plus ultr
of the American people, and to that they will adhere through all
coming time.  Ii; in consequence of this position, the foundations of society are to be broken up, civil war inaugurated, and
the destruction of the Government attempted, you must remember we are standing upon the Constitution, in favor of sustaining
the laws of the land, denying the existence of any real grievance; and standing thus with that consciousness of strength
which integrity imparts, you must strike the first blow, cross
the Rubicon, commit the foul and damning crime of treason,
and bring upon your people ruin, devastation, and destruction,
and call down upon your guilty heads the curses of your children and the disapprobation of the civilized world!
Mr. BRONSON:-For what purpose was this Conference
called? Why have we come here?  I suppose we are here to do
something, to accomplish something. If we are only here to
make speeches, and not to arrive at conclusions, our mission is
useless.   The greater portion of the debate hitherto has been
made up of set speeches, all like the circumlocution office in
one of Dickens' novels, showing " how not to do it." I am not
in favor of pursuing this course any longer. Let us talk the
subject over like business men, in a sensible way, and then come
to a vote. I think we may do something which will prove
effectual, and I hope we shall. My political opinions are well
known. For more than forty years I have belonged to one political party. I did not come here to speak. I did not intend to
speak at all, and shall now only submit a few observations.
I hail from the old Democratic party. The most of you are
members of the opposition. I do not know how or why I was se
264 
REMARKS OF MR. BRONSON.
lected as one of the delegates from New York. I do not even know
how the vote of that delegation will stand on these proposals of
amendment. I suppose the dominant party has taken care to
send a majority of its members. If I was a mere politician, I
do not know but I should be in favor of breaking up the Conference, and of doing nothing; but being only a Democrat, I desire to transmint to posterity the blessings of a good Constitution
and a good Government.
The country has become disquieted.  Its peace has been disturbed by the acts of politicians. Many have become disgusted
with the present condition of affairs, and are unwilling to act or
vote. A large portion of our people have become alarmed.
They think their rights have been invaded. Some of the States
have gone. GOD knows whether they will ever come back again.
If we act wisely, perhaps they may. But there is occasion enough
for alarm. I have felt alarmed for a long time. One way suggested to get these States back is by conquest. But what are
we to do with a conquered State?  Shall we  establish a military despotism over it?
We all have the right to express our opinions, and I will
express mine.   There are eight other slave States whose condition is to be considered. If we do not act here, will they not
leave us and join their sisters?  I hope they will not.  I would
not raise my voice in this Conference, if it were not for the purpose of inducing them to stay.
Virginia, that noble old Commonwealth, has invited'us together. She proposes the CRITTENDEN resolutions, and asks us to
consider them.   Now she is charged with standing in the way of
the Government. This is not true. Blessed are the peacemakers, and the position of Virginia in this matter is that of a
peace-maker. I thank her for bringing us together.
Two-thirds of the speeches here have been made by those
of a political party to which I never belonged. I do not understand either their purposes or wishes.   Perhaps I may be
behind the times. I have not been actually engaged in politics for more than twenty-five years. During a large part of
that time I have been engaged, in my humble way, in the administration of justice in the State I here in part represent.  I
do not know but I may be falling into the common fault of mak
265
0 
REMARKS OF MR. BRONSON.
ing a speech. If I do, you must check me. Again I say, I
thank Virginia for her invitation.  Why should we not confer
together?  Six or seven States-no matter which-are gone.  If
nothing is done, eight or nine others will follow, and other divisions will come as a matter of necessity. Rhode Island-patriotic Rhode Island-will not go with New England in this
Conference.   She will not separate from her southern sisters.
Connecticut, I think, will not stay, and New  York, I believe,
will stand with the South.
Hlow is it, or why is it, that we should do nothing? Why
should we break up and go home?  hIave not all the States asked us to come here and do this work? Why did their legislatures take the trouble to send us here?  All this circumlocution
might have better been done at home.
Will a Convention answer the purpose, when another Confederacy has been formed in our very midst?  It would be two
years at least before any thing could be accomplished by a Convention, and then it would be too late. We all know how delegates to such a Convention are elected.  We all know how much
time would be consumed before the Convention could meet.
I say we cannot bear the delay. I ask the gentleman (Mr.
BALDWIN) of Connecticut whether he thinks it would be safe to
delay.
Mr. BALDWIN:-I think it is always safe to follow the
Constitution. I think we can follow the example of Kentucky.
Mr. CLAY:-I would suggest to the gentleman from Connecticut that the representatives of Kentucky are here to speak
for her.
Mr. BRONSON:-Kentucky has sent delegates to this Convention since she passed the resolutions to which the gentleman
refers. I think we cannot stand upon the ground taken in these
resolutions. I do not believe Kentucky herself would be satisfied
with them now.
It is strange to see gentlemen so cool and apathetic under
such circumstances. Is no one alarmed for the safety of the
old flag about which so much is said?  Can the Border States
stay with us when their brethren are gone?  If the action of
the North in relation to slavery is such as to drive out South
Carolina, can Delaware and the other Border States remain?
266 
REMARKS OF MR. BRONSON.
For one, I do not wish to put this Constitution into the hands
of a General Convention. Who can tell what such a convention
would do with the Constitution; what it would do with the de cisions of the Supreme Court, under which so many of the vexatious questions have been settled? It would be worse than attempting to settle our differences in a town meeting. I would
hesitate long before I would submnit such questions to a convention. Before they could be settled in that way, the Union
would be gone forever. The process would be too slow. I
have nothing to gain in this matter. My only wish is to spend
my few remaining days in the United States, and to transmit
the blessings of our Government to my children.
Some of the Republican members here subordinate their platform to their country.  I commend them for it; these are noble
sentiments.  Men should abandon platforms when they tend to
destroy the country.  I concur in the sentiments of the gentleman from Illinois, uttered this morning. They also are noble
sentiments.
I venerate our Constitution.  When made, it was equal to
any ever framed.  Nothing short of Almighty Wisdom could
have framed a better. But was it given to human wisdom, to
WAsHINcToN and MADIsoN, to foresee all the events of the future?
The Constitution has held us together for three-fourths of a century; that is a wonder in itself; but its makers did not foresee
this day-a day when Freedom itself was in danger of perishing.
Why this hesitation about amending the Constitution?  New
York accepted it reluctantly, and only ratified it upon the assurance that it should be amended as she proposed. It is not so
holy a thing now, that it may not be amended. WASHINGTON,
you must remember, signed the Fugitive Slave Law of 1793, as
well as the Constitution.
We are told by gentlemen fromn New York and Connecticut
(Mr. NoYEs and Mr. BALDWIN), that the action proposed here is
unconstitutional. It does not become these gentlemen to raise
this objection. There was never an amendment of the State
Constitutions, in either of the States they represent, adopted, that
was not brought before the people in substantially the same way.
Much has been said here about modern civilization and the
spirit of the age. It is said that these are hostile to slavery.
267
'7' I', 
REMARKS OF MR. BRONSON.
Suppose they are?  What have we to do with them?  The ex ample of England, also, has been referred to, as well as that of
France. TruLe, they have abolished slavery by name, but they
have imported apprentices from Africa, and Coolies from Asia,
and have placed them under the worst form of slavery ever
known.  Enlgland tolerates slavery in her mining districts to-day
in a worse form than that existing in the Southern States. She
has millions in India worse off than slaves. She has been the
greatest land robber on the earth. She has contributed to the
support of the Juggernaut, and has forced the Chinese at the point
of the bayonet to eat opium. Do you forget that she ruined the
capitol in this city, and blew it up, in 1814?  I do not deny her
virtues, but I do not care to follow her example.
Our fathers said slavery was strictly a State institution, and
they would not meddle with it by the Constitution.   Their
doctrine is true now. The Union cannot be preserved if we
interfere with the institutions of the States.
I will not stop to refer to the Missouri Compromise, or the
compromises of 1850 and 1854. I will only say that the North
understood these to settle the slavery question, and professed to
agree not to meddle with slavery hereafter in the States. But
the cry of freedom was raised, and its new apostles, during the
last campaign, went through the land preaching destruction to
slavery. What did they mean but that slavery was to be assailed
at every possible point? This doctrine was involved in their
platforms, and advocated in their speeches.  They collected all
the bad things ever said about slavery, whether true or untrue,
and published them.  The purpose to assail the institution was
everywhere owned.
I wish to say a word about the Territories. What great
harm would be done if all the Territories were thrown open to
slavery? By the decision of the Supreme Court in the Dred
Scott case, they are open already. But in the greater part of
them slavery cannot exist at all. New Mexico has a slave code.
So have the Cherokee and other Indian tribes; and yet slavery
does not and cannot flourish among them. It cannot make
head against the obstacles which oppose it, and yet you will
attack it even there. If you do so, civil war is inevitable.
But what mischief is done if slavery does go into the Terri
268 
REMARKS OF MR. BRONSON.
tories? It will not add another to the degraded race of Africans.
It is a blessing to the slave if he may be permitted to go with
his master into these new Territories.  In the old slave States
he is compelled to work in gangs under the whip of a driver,
with no one to look after his health or comfort.  Take him into
one of these new Territories, and there are one hundred white
men and women to protect each individual of his race, and to
see that lhe suffers no wrong.  It is a blessing to take him out
of the plantation gangs, and to place him in a new country.
Then why not let him go there and live in peace?  Your zeal
to exclude slavery from the Territories only injures the African
race. If there is a good substantial reason for this exclusion I
shall be glad to hear it.  Up to this time I have heard no good
reason stated. Although I have declared myself a Democrat, in
this Conference I am no party man. Show me any good reason
for not adopting these proposals of amendment and I will oppose
them. But until that reason is shown they will receive my
support. So far as I can judge, no argument has been proposed
here against these propositions which is not of a partisan
character.
The rights which the slave States now ask to have us recognize, are guaranteed to them by the Constitution as it now stands.
We  are giving them nothing new.   Every lawyer is familiar
with the rule of constitutional construction, that all the rights
not expressly granted to the General Government are reserved to
the States. Let us carry this principle into effect now. It is
all that we are asked to do. Let us do something. Let us
amend these propositions; make them as unobjectionable as we
can, and send them to Congress. Let us urge Congress and the
country to adopt them. In their adoption there is safety; there
is great danger in their rejection.
Mr. POLLOCK obtained the floor, and at twelve o'clock the
Oonference adjourned to ten o'clock to-morrow.
269
I 
MR. HITrrOHCOCKS AMENDMENT.
FIFTEENTH DAY.
WAsHnIGTON, FRIDAY, February 22d, 1861.
THE  Conference was called to order by President TYLER, at
10 o'clock A. M., and prayer was offered by Rev. Dr. SUDERLAND.
The Journal of yesterday was read, corrected, and approved.
Mr. WICKLIFFE:-It will be necessary that some plan be
adopted to defray the expenses of the Conference, and of printing the Journal. I move the appointment, by the President,
of a committee of three to take those subjects into consideration.
The motion was adopted, and the President appointed Mr.
JOHNSON, of Maryland, Mr. POLLOCK, and MNr. GRANGER as such
committee.
Mr. HITCHCOCK:-I have an amendment in three sections
which I shall offer to the report of the committee.   I ask that
it may be read, laid on the table, and printed.
The motion was agreed to, and the amendment read as
follows:
Strike out'Section 8, and insert the three following:
SEc. 3. Congress shall have no power to regulate, abolish, or control
within any State the relations established or recognized by the laws thereof,
touching persons held to service or labor therein.
SEc. 4. Congress shall have no power to discharge any person held to
service or labor in the District of Columbia, under the laws thereof, from
such service or labor, or to impair any rights pertaining to that relation
under the laws now in force within the said District, while such relation
shall exist in the State of Maryland, without the consent of said State, and
of those to whom the service or labor is due, or making to them just compensation therefor; nor the power to interfere with or prohibit members of
Congress, and officers of the Federal Government whose duties require them
to be in said District, from bringing with them, retaining, and taking away
persons so held to service or labor; nor the power to impair or abolish the
270 
PROCEEDINGS OF THE CONFERENCE.
relations of persons owing service or labor in places under the exclusive
jurisdiction of the United States, within those States and Territories where
such relations are established or recognized by law.
SEc. 5. Congress shall have no power to prohibit the removal or transportation of persons held to labor or service in any State or Territory of the
United States, to any State or Territory thereof, where the same obligation
or liability to labor or service is established or recognized by law; and the
right during such transportation, by sea or river, of touching at ports, shores,
and landings, and of landing in case of distress, shall exist; nor shall
Congress have power to authorize any higher rate of taxation on persons
held to service or labor than on land.
Strike out Section 7, and insert:
SEc. 9. Congress shall provide by law, that in all cases where the marshal,
or other officer whose duty it shall be to arrest any fugitive from service or
labor, shall be prevented from so doing by violence of a mob or riotous assemblage, or where, after arrest, such fugitive shall be rescued by like
violence, and the party to whom such service or labor is due shall thereby
be deprived of the same, the United States shall pay to such party the full
value of such service or labor.
Mr. TURNER:-I offer the following resolution:
Resolved, That the time fixed upon to commence voting upon the questions before this Convention, be postponed until Monday, February 25th, at
12 o'clock M.
I am as desirous as any member of the Conference can be
for action. Illinois is a Border State, and she feels, in common
with the Border States, a deep interest in the questions we are
discussing here. But I think a false issue has arisen, and that it
ought to be corrected. This issue has been forced upon us, and
it will go to the country unless corrected. Very little time has
yet been occupied by Indiana, Illinois, and Ohio, but we wish
and we ought to be heard.
Mr. JOHNSON, of Missouri, moved to lay the resolution  upon
the table.
The vote was taken by States, with the following result:
AYEs.-Delaware,  Kentucky, Maryland, Missouri, New  Jersey, North
Carolina, Pennsylvania, Rhode Island, Tennessee, and Virginia-10.
NOES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Ohio and Vermont-10.
Mr. TURNER:-I see the resolution does not meet with
favor.   I will withdraw it.
Mr. CHASE:-I offer the resolution again.   I wish to appeal
to this Conference in the name of peace, not to press this vote to
271 
REMARKS OF MR. CHASE.
day. We have been discussing general questions. There has
been little or no discussion touching the merits of the proposed
amendments to the Constitution. Do gentlemen suppose that if
it is pressed through in this way, it will meet with favor when it
comes before the country?  Let me assure you, gentlemen, that
you will not give the country peace by such a course.
There is a prospect that all sections of the Union may yet be
induced to agree to a General Convention. The floor is so parcelled out that the Western States cannot be heard. Why do
you force the vote in this manner?  Two-thirds of Congress must
concur, or these propositions cannot go to the people. The same
two-thirds can suspend the rule at any time. There is no necessity for passing these propositions to-day.   I regret that the
proposition of Mr. WICKLIFFE, limiting the speeches to thirty
minutes, has not prevailed. It was withdrawn.
Mr. WICKLIFFE: —No!  It was laid on the table by ene
mies.
Mr. POLLOCK:-I have the floor.  I will occupy it only
thirty minutes, with the understanding that those who follow
will do the samne. We still have time for six speeches.
Mr. CHASE:-I  have but little more to say.  When  we
have a rule, we know what it is. A general understanding
will amount to nothing.   I have insisted that it was inexpedient to press these matters to a decision before the inauguration of Mr. LINCOLN; but when overruled I have cheerfully submitted. I now appeal to gentlemen to yield, and let us take
the final vote on Monday.
One word now as to a General Convention. I have faith
in that, and believe we can agree to call one. The idea was
started by Kentucky, and promptly followed by Illinois. I have
seen a copy of the "Louisville Journal," which strongly advocates
it. It is practicable, and the country will assent to it.
Mr. HOUSTON:-The delegates from Delaware desire that
the vote should be taken to-day. We have not discussed these
propositions, and do not wish to discuss them. We want action.
Mr. BACKUS:-I concur in the views of the gentleman from
Delaware. Discussion, so far, has tended very little toward
harmony or unanimity. I am in favor of closing the general debate to-day. But I do protest against that part of the resolution
272 
PROCEEDINGS OF THE CONFERE1lCE.
we have adopted, which limits the discussion of an amendment
to five minutes, and confines the reply to the committee. We
ought not thus to be restricted and choked down. I will not
move to amend the resolution now under discussion. It will answer my purpose to give noticed that I shall move to amend the
five-minute rule.
Mr. COOK:-We ought to have an opportunity to present
the views of Illinois.  As yet we have had none.  We  cannot
justify ourselves to our people unless we do.
Mr. WICKLIFFE:-I move to lay the whole subject on the
table. I want to test the question. Debate and discussion
change the mind of no one. We have now been here eighteen
days, and the country is expecting a decision.
The vote upon Mr. WICXKLIFFE'S motion was called by States,
and resulted as follows:
AYES.-Delaware,  Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Rhode Island, Tennessee, and Virginia-9.
NoEs.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Ohio, Pennsylvania, and Vermont-11.
Mr. BACKUS:-I now offer my proposition as a substitute
for Mr. CHASE's resolution, as follows:
Resolz,ed, That the resolution heretofore passed, limiting debate on
amendments that shall be offered to the report of the Grand Committee, be
so amended as to allow the delegates who may desire, to speak not exceeding
ten minutes on each amendment.
Mr. CHASE:   I do not wish to seem unreasonable.  As my
resolution meets with objection, I will withdraw it in favor of the
one adopted by my colleague.
Mr. WICKLIFFE:-H-Iave gentlemen calculated how many
hours this will take?   It will amount to a total defeat of all ac
tion. We could not get through by the middle of next month.
Mr. EWING:-I favor the resolution.  All should have  a
fair chance.
Mr. HOUSTON:-I move  to; amend, giving each delegate
ten minutes.
Mr. WILMOT:-I  object to that very strenuously.   Many
delegations are divided.  I hope the resolution will pass as it is.
Mr. HECKLEMA  N:-I approve of the rule as it now stands,
Practically, it gives ten minutes.
18
273 
PROCEEDINGS OF THE CONFERENCE.
Mr. RANDOLPH:-I move to lay the resolution on the table. We adopted the rule unanimously.
Mr. WILMOT:-The motion is not in order.  We have once
voted not to table the resolutions.
Mr. HOUSTON: -I will withdraw my motion, at the instance of the gentlemen around me.
Mr. CHASE:-The question is upon the adoption of the resolution offered by Mr. BACKUS.  I have accepted it in place of
the one offered by myself.
The PRESIDENT:-It is subject, at any time, to a motion
to lay on the table.
Mr. RANDOLPH:-That is my motion.
The motion to lay the resolution of Mr. BAcius on the table
was lost by the following vote-the vote by States being requested by Mr. CHASE:
AYES.-Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Pennsylvania, Rhode Island, Tennessee, and Virginia-10.
NOES.-Connecticut, Indiana, Illinois, Iowa, Maine, Massachusetts, New
Hlampshire, New York, Ohio, and Vermont-10.
Mr. GUTHRIE: —I presume we all desire to know the result
of our labors. I regret to see so much feeling manifested. Perhaps some of us had better take the benefit of the prayers of
the church on Sunday. Some of us wish to get our propositions to Congress at an early hour. Those who oppose usthose determined to defeat action, can speak on until the fourth
of March. I hope such is not their intention.
Mr. TUCK:-If the rule is abused, the Convention will stop
the abuse.
At this point there were loud calls of "question," and the
PREsIDENT put the question to vote, vvaa voce.
The PRESIDENT:-I think the Noes clearly have it.
Mr. CHASE:-A vote by States was called for by several
members.
Mr. BARRINGER:  Is this resolution intended to give the
right of reply? If so, we shall have a half-hour speech upon
every amendment.
Mr. BACKUS:-If any member wishes to divide his time,
he can do so; but he can only occupy ten minutes in all. We
are called to deliberate, as well as to act. We are asked if we
274 
REMARKS OF MR. POLLOCK.
wish to stave off final action?  I answer, No.   I want speedy ac  tion. But at the same time let us have deliberation. I wish to
give a vote that my constituents will approve.
The PRESIDENT:  The vote will be taken by States.
The resolution was adopted by the following vote:
AYES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hlampshire, Ohio, Pennsylvania, and Vermont-11.
NOES.-Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Rhode Island, Tennessee, and Virginia-9.
Mr. HALL offered the following, which was read, laid on the
table, and ordered to be printed:
Amendment to Section 3 of the Committee's Report, to come in after
the words " retaining and taking away persons so bound to labor: "-" but
the bringing into said District of persons held to service for the purpose of
being sold, or placed in depot to be afterwards transferred to any other place
to be sold as merchandise, is forever prohibited, and Congress may pass all
necessary laws to make this prohibition effectual; nor shall Congress
have," &c.
The PRESIDENT:-The Conference will proceed to the or der of the day, and Mr. POLLOCK has the floor:
Mlr. POLLOCK:-Brevity is always a virtue. I intend to
practice that virtue now. I would not make a single observation, if I did not feel that by keeping silence I should neglect my
duty. As it is, I do not intend to occupy the time of the Conference more than twenty minutes.
When the committee upon the subject invited Pennsylvania
to furnish a block for the Washington Monument in this city,
they asked also for a motto, to be inscribed upon it, which should
express some idea characteristic of Pennsylvania. What was the
motto selected in behalf of that great State? Did we go to Germantown and invoke the memories of the mighty dead?  Did we
ask the motto of Valley Forge? No, brothers, no! Pennsylvania
stood by the side of the grave of Penn, the man of peace, and in
his example she found her motto, and it stands inscribed upon her
contribution to that monument to the Father of his Country to-day.
There may it stand forever.  "PeTnsylvarnai  was founded  by
deeds of Peace."  Ilow noble the sentiment!  How characteristic of that Commonwealth!
Animated by the same sentiment, filled with the same spirit,
herself asking nothing, requiring nothing, Pennsylvania comes
275 
1REMR KS  OF MR.  POLLOCK.
into this Conference and says to every delegate here, "Peace,
Brothers, Peace." She is not for war. She believes that the
power of kindness is far greater than that of the sword; that in
the affection of brother toward brother there is greater strength
than in all the iron contained in all her thousand hills and mountains. She comes here at the instance of a sister. She heard the
voice of that sister asking for consultation, and she obeyed it.
She is here, and in the right spirit.
A word now as to the motive of Virginia in calling the
States together. Some object that Virginia comes bearing the
olive branch on the point of the bayonet. Not so, sir. She is
placed in a peculiar position, and I appreciate it. She does not
make use of threats.  These exist only in the imagination of gentlemen. I am willing to meet her here upon the very ground she
takes, and unite with her in saying, " Our Union as it is, now
and forever." We are here taking counsel, not with traitors, not
with secessionists, but with lovers of the Union.
The people love the Union; they will not give it up. They
are true.  My heart almost leapt from my bosom when that telegraph message was read from Missouri a few days ago. Tennessee has taken up the cry, "Union for ever.'  The nation is
troubled. All nations are, at times. But our troubles are not
insurmountable. We are all here together to settle them. Why
not settle them, and give peace to the Union, and joy to the
hearts of the people.
We can settle our difficulties. The right feeling animates
gentlemen from both sections. Where was the heart in this Conference that did not start with emotion, when, some days ago,
that glorious old patriot from North Carolina (Mr. RUFFIN) told
us of his devotion to the Union? Who did not honor and respect
him?  Old men and young men wept as they listened.  Friends!
Countrymnen! I come here from a Border State.  These States
have a vital interest in the result, therefore we speak earnestly.
Let us say to the angry passions of the country, " Peace, be
still!"
The Border States are united; they have common interests.
Beside the hearthstones of each, sit wives, and children, and fam ilies, connected with each other by ties of blood, of interest, of
social intercourse.  We  are one.  Is Maryland or Delaware
276 
REMARKS  OF  MR.  POLLOCK.
ready to say that either will part company from Pennsylvania 
No! We are brethren-come weal, come wo, we will stand by
each other, and we will stand by the Union.
Gentlemen say there will not be war, if we do not agree. I
wish I could think so, but I cannot. But if war should come, let
me ask the gentlemen from New York who think principles are
standing in their way, will you take the risk?  Will you see the
soil of Pennsylvania drenched with blood? Can you risk all
this hereafter, when you can avoid it by accepting a proposition
that involves no sacrifice of principles?  Never in my whole life
have I felt the weight of ofticial responsibility as I feel it now.
God grant that war may be averted from the country!
Let the lightning this day flash to the extreme limits of the
Union, the glad tidings that we have settled these questions. The
message would be received with gratitude and thanksgiving.
Our friends in the Border States say, " We love the Union, we wish
to stay in it; we do not wish to be driven out." Can you not,
will you not, do something for them? Let us trust this matter
to the people. I am not afraid to trust the people of Pennsylvania. New York and Massachusetts, trust yours!
We talk calmly of war, but we forget its calamities.  Let us
remember that we should not sacrifiee one life for this paltry abstraction. Let us remember how great are the miseries of war.
Let us think of the rush of angry armies, of the widows and orphans, of the sorrow and desolation that war always leaves in its
path.
Christian men! remember that our great Saviour was a
Prince of Peace-that he came to conquer with peace, not with
the sword.  "The Lord God omnipotent reigneth."
Disunion is a crime against every thing. Above all, it is a
crime against GOD. Christians, pause and reflect. Let me entreat you to help us save this country from disunion.
I speak earnestly. We Pennsylvanians are upon the border.
Our soil must be the battle ground.  Upon us will the heavy
trouble fall. Once more I say, let us trust the people. They
are always right. They will do something; and honest men, sincere men, tell us that unless something is done, the border slave
States cannot be retained in the Union.
I am not here as a party man, but as an American citizen, and
277 
REPORT ON CREDENTTAL.
a citizen of Pennsylvania. I am here to perform my duty to the
whole country, if I can find out what that duty is.
Our friends say there is great apprehension at the South
that the Republican party meditates unconditional interference
with Southern rights. I do not believe for a moment that there
is any ground for such an apprehension. But, nevertheless, it
exists. Acting upon it, several States have withdrawn from the
Union.  We must deal with it in the best way we can.  If we
can satisfy our southern brethren, in the name of peace let us do
it. I labored for the election of Mr. LNcOLN, but I never understood that hostility to slavery was the leading idea in the platform of his party. Pennsylvania had other interests-other reasons very powerful, for supporting him. There was the repeal
of the Missou'i Compromise-ruinous discriminations in the
Tariff-the corruption of the Government-the villanous  conduct of its high officers; these and other considerations gave Mr.
LNcOLN more strength in Pennsylvania than the slavery question.
There are sentiments and opinions at the North that must be
respected. There are sentiments and opinions at the South that
must be respected; but there are no differences that cannot be
honorably adjusted. The only practicable way that I can discover is to adopt the plan reported by the committee, and secure
its submission to the people.
How can we do greater honor to this glorious day, which
gave the immortal WASHINGTON to his country and to the world,
than by marking it on the calendar as the day that secured the
safety and perpetuity of the American Union?
Mr. SUMMERS:-The Committee on Credentials have examined the case of Mr. J. C. STONE, who is commissioned as a
delegate from Kansas, and are of opinion that he is duly accredited.
Mr. FIELD:-I understand that he was appointed by Mr.
BEEBE, the Secretary of the Territorial Government.
Mr. CLAY:-There is a provision in the Kansas Act authorizing the Secretary to perform all the duties of the Governor in
his absence.
Mr. BROCKENBROUGH:-I represent an old and honored Commonwealth. I speak, remembering the maxing that "a
278 
REMARKS OF MR. BROCKEiBROUGH.
soft answer turneth away wrath." But I should disregard my
duty if I did not reply to what was said a few days ago, in arraignment-in unfair and improper arraignment, of Virginia.
Virginia occupies no menacing position, no attitude of hostility toward the Union or her sister States. Virginia knows that
"eternal vigilance is the price of liberty."  She knows, too, that
there is good policy in the maxim, " in peace prepare for war."
Her action is only such as is dictated by a prudent foresight.
Hiow unkind, then, are such taunts against Virginia, the mother
of us all. She comes here in a paternal spirit; she desires to preserve the Union; she disdains to employ a menace; she knows
that she never can secure the cooperation of brave men by employing menaces.   No!  She wishes to use all her efforts to perpetuate the reign of peace.
Another says we are seeking to secure an amendment of the
Constitution by the employment of unconstitutional means, and
that this meeting is a revolutionary mob —that these eminent
men of the country assembled here, constitute a mob. No, sir!
No!
Mr. BALDWIN:-If the gentleman from Virginia refers to
me, he quite misunderstood me. I said only that the action proposed here was not contemplated by the Constitution, and was
revolutionary in its tendency.
Mr. BROCKENBROUGH:- I cannot for my life so consider
it. This is merely an advisory body. We are here to devise an
adjustment, and to lay it before Congress. We are exercising the
right of petition, and that is a sacred right. Is this revolutionary?  No, sir! You would insist that Congress should reeive a
petition, although that body had no right to act upon it. If so,
how much more should our petition be received, when we seek
to preserve the Union, and when the Constitution expressly authorizes Congress to act in such a case.
The gentleman from Vermont said last evening, that a pledge
from the South to abide by the result would be a condition precedent to the submission of the proposition at all, and yet he
says he cannot pledge Vermont. Why, then, does he ask us to
pledge Virginia?
Mr. CHITTENDEN:-I am not willing to be misunderstood.
I thought my language was plain. What I said was, that no one
I
219 
0REMARKS OF MR. BROCKENBROOUGH.
could pledge the free States for or against these propositions; but
I did say we could pledge them to abide by the Union, whatever
the result might be.  That is the pledge we ask from the South.
Mr. BROCKENBROUGI:-Well, that is a pledge we have
no authority to give. We cannot accept these propositions as a
boon from any section.  We must have them as a right, or not
at all.
But let me address myself at once to the momentous qutestion. It seems that we can agree upon every thing but this
question of slavery in the Territories. So far as that subject is
concerned, Virginia has declared that she will accept the Crittenden resolutions. She and her southern sisters will stand upon
and abide by them.  If gentlemen will come up to this basis of
adjustment with manly firmness, the electric wires will flash a
thrill of joy to the hearts of the people this very hour. Why
not come up to it like men?
The Supreme Court has already established the rights of the
South, so far as this question is concerned, upon a basis which is
satisfactory.  Under the Dred Scott decision, the people of the
South have the right to go into any portion of the Territory
with their slaves. You, gentlemen of the North, will not abide
by that decision. You have declared in your platform that it is
a miserable dogma. Hlow can we be satisfied with such a guarantee for our rights as that?
But it is said that this part of the Dred Scott decision is only
an obiter dictum; that the question was not presented by the
record. This is not so. As was said by Governor WICKLIFFE,
the other day, there were two questions in that case.   The
judgment of the court was upon them both, and both were presented by the record.
We know that the dominant party has elected a President on
a purely sectional issue, and in deadly hostility to our institutions.
We believe, from all the indications of the times, that our institutions are utterly insecure. Therefore we ask these guarantees.
Give them to us, and from that time you will restore peace and
quiet to the country. You at once attach the Border States
firmly to you forever. I hope you will do so; but I tell you that
the Border States cannot be retained unless you will consent to
280 
REMARKS OF MR. BROCOKENBROUGH.
give such guarantees as will bring back the seceded States, and
unite us all in a glorious confederation.
Sentiments have been uttered here that grate harshly on the
minds of Southern gentlemen. It is said that this is a war of
ideas. If so, then there is certainly that irrepressible conflict
about which we have heard so much. But it is not true that
slaves exclude free labor. Come to the harvest homes of Western
Virginia. There you will see the union of white and black
labor see the two races working harmoniously together. The
mechanics are white, the field hands are black. Those only
make such assertions who know nothing about it.
You insist at the North that slavery is a sin. If it is as you
claim it to be, a sin, the sum of all villanies, then we may as
well separate. We cannot live together longer.
If we cannot have the aid of other sections, the Border States
must take the subject into their own hands, and settle it for
themselves. These States, with one exception, have shown a
most excellent spirit.  Let them all come up to the work to-day;
on this natal day of xVAsHrNGTON, of whom it was said that
nature had denied him children, in order that he might be indeed
the Father of his Country. New Jersey has most nobly responded, through her distinguished sons, but especially through
the voice of that eloquent man, who swept with a master hand
the chords of the human heart, in his remarks here, and tones
of heavenly music responded to the touch.
The whole nation stands on tiptoe awaiting the final result
of the action of this Conference.   All sections are ready to
make sacrifices, but sacrifices are not required. Let us act, and
then go home. A grateful people will bind the wreath of victory
around your brows, for "Peace hath her victories not less than
War."
We make no appeal to the sympathies of gentlemen. We
ask you to do justice, simple justice to the South. Do it, and you
will do honor to yourselves.  Give us the guarantees we ask,
and my word for it, you will see the seceded States coming back
one by one, and we shall see ourselves once more a happy and a
united people!
Mr. WILMOT:-It is not my purpose to enter upon the wide
field that has been opened in this debate. I did not intend to
281 
REMARKS OF MR. WILMOT.
speak at all. I know well the position I occupy before the
country. I am regarded by those who do not know me as an
extreme man. I am, if I know myself, a man of moderation,
and, I trust, of firmness. I make these remarks because the
time has come when I must separate from my delegation.  I
concede every thing to their patriotism, good intentions, and integrity. But I must separate from them in the votes they are
about to give.
We are called here to consider the condition of the country.
It is said that condition requires our interference-that such
interference is necessary.  The country has just passed through
one of those conflicts which are incidental to our form of Government. It has borne the trial, and I think it is safe.
Those who insist that certain things shall be done, place us in
a delicate position.   You say that you do not object to the
inauguration of Mr. LINCoLN, but you refuse to permit his
principles to be carried into effect. We say that we have not
merely elected Mr. LINcoLN, but we have decided the principles
upon which his administration shall be conducted. You refuse
to permit this, and say that you will leave us and revolutionize,
unless we consent to a counter resolution.
The contest in which we are now engaged is not a new one.
It is of twelve or fifteen years' standing. It assumed new proportions when we acquired Texas. Texas, under the laws of
Mexico, was then free.  We insisted that slavery should not be
recognized there.   You claimed that it should-that slavery
should go into all the common Territories of the Union. You
succeeded. You procured what you claim is a decision of the
court in your favor. But the people would not give the question
up. The issue was formed-Slavery or Freedom; and on that issue
we went into the late election. It was well understood in all its
bearings. It was discussed and argued upon both sides and all
sides, and the people determined the question against the South.
In my section of the country there was no change.  In all the
excitement of a Presidential contest, I do not know of twenty
votes that were changed. The opinions of the people were
formed before; now they have declared them.
My first allegiance is to the principles of truth and justice.
Convince me that your propositions are right, that they are just
282 
REMARKS OF MR. WILMOT.
and true, and I will accept them. I will sustain them to the
end.  If they are wrong-and I now believe them to be-I will
never sustain them, and I will show my faith in GOD by leaving
the consequences with Him.
Any substantial change in the fuindamental principles of
government is revolutionary. Yours may be a peaceable one,
but it is still a revolution. The seceded States are in armed
revolution. You are in direct alliance with them. You say the
Government shall not retake the forts, collect the revenue, and
you ask us to aid you in preventing the Government from doing
its duty.
-Permit this, and the judgment of the world will be that we
have submitted to the inauguration of your principles as the
principles of the Government. It would exhibit a weakness
from which the country could never hope to recover.  These are
reasons satisfactory enough to me. I cannot vote for the first
article.
Mr. WICKLIFFE:-Do you wish to get the seceded States
back?
Mr. WILMOT:-Certainly I do.
Mr. WICKLIFFE:-lHow do you propose to do it?
Mr. WILMOT:-I cannot say that I have any special way.
It is their duty to return. There are better methods of coercing
them than to march our army on to their soil. Now I understand it is your purpose to intrench slavery behind the Constitution.
Mr. RUFFIN:-Certainly.  That is true-in a certain portion of the Territories.
Mr. WILMOT:-I thought I was not mistaken.  The Government has long been administered in the interest of slavery.
The fixed determination of the North is, that this shall be no
longer.
Mr. HIOUSTON:-Will the gentleman hazard the assertion
that such has been the policy of Tennessee, Maryland, or Delaware?
Mr. WILMOT:-I did not intend to say more than that such
has been the general policy of the Government. Another objection to the proposed amendment is its ambiguity. Its construction is doubtful, when it should be plain. Don't let us differ
283 
PROCEEDINGS OF THE CONFERENCE.
when we go home. If we do we shall settle nothing. Some
will claim that the first article does not furnish a slave code.
Others will claim that it does, and such I think is a fact. I am
also opposed to the second article.   I ado not think it is right
thus to bind posterity. I am opposed to the third article, except
the first clause. If you think there is really a purpose at the
North to interfere with slavery ill the States, I amn willing a
declaratory amendment should be adopted prohibiting such
interference. I like that of Mr. FIELD much better. I can go
for that with all my heart.
As to the foreign slave trade we ask nothing. The laws are
well enough as they are, if properly enforced. Besides, you make
too much of it. You will claim hereafter that this formed Qone
part of the compromise. It will amount to nothing.
Mr. BARRINGER:-But the South wants the foreign slave
trade prohibited.
Mr. WILMOT:-Do not the statutes prohibit it?  Why not
enforce them?
Mr. BARRINGER:-We had rather have the prohibition in
the Constitution.
Mr. WILMOT:-I am opposed also to abrogating the power
of Congress over the District of Columbia. I hope to see slavery
abolished in the District.
Mr. WICKLIFFE:-Will the gentleman from Pennsylvania
abide by the decision in the Dred Scott case?
Mr. WILMOT:-Certainly, so far as it decides what is in
the record.
Mr. SEDDON:-You will not permit it to settle the principle?
Mr. WILMOT:-I will not, any more than Virginia would
accede to the decision upon the Alien and Sedition Laws. I will
be frank and go farther. If the Court had undertaken to settle the principle, I would do all I reasonably could to overthrow the decision.
lMIr. SEDDON: -ly voice has failed me to-day, and I do
not know that I can speak in audible tones, but I will try.
I understand the gentleman who last addressed us to say,
that there are to be incorporated into the administration of the
Governmnent two new principles: one is, that there shall be no
284 
REMARKS OF MR. SEDDON.
slavery in the territories; the other is, that the action of the Government shall be on the side of freedom. And furthermore, that
slavery is to be regarded as a purely local institution, and that
slaves are not to be regarded as property anywhere except in
the slave States. Now, that was just the way in which I interpreted the action of the North in the last election, and it is
precisely this view which has led to the secession of the States.
The gentleman well understands that a different view of their
rights under the Constitution prevails among the Southern people. Will he also understand and recognize the fact, that the
Supreme Court has clearly given the sanction of its opinion
to the Southern construction?
Mr. WILMOT:-Ought not the action of the Government
under WASinGTON to be a precedent of some weight in our favor?
Mr. SEDDON:-I cannot accede to that.  Now the North
has inaugurated this policy. We of the South say it is a subversion of the Constitution.  The gentleman  must  as freely
admit that the party just coming into power must of necessity be
a Northern party. It can have no affiliation with any party at
the South. Now I ask, can we, as a matter of policy or justice,
whose rights are so vitally involved, sit by and see this done?
Slavery is with us a democratic and a social interest, a political
institution, the grandest item of our prosperity. Can we in
safety or justice sit quietly by and allow the North thus to
array all the powers of the Government against us?
The hour of one o'clock having arrived, the P.ESIDENT announced that
under the resolutions adopted by the Conference, general debate must cease,
and the Conference would proceed to vote upon the report of the General
Committee, and various amendments proposed thereto.
Mr. FIELD:-I rise to a question of privilege. What was
done by the Conference with the credentials of the gentleman
from Kansas?
The SECRETARY — The practice heretofore has been, to
consider a gentleman a member, when the Committee on Credentials report in his favor.
Mr. FIELD:-Then I move to reconsider the action of the
Conference in this case
285 
PROCEEDINGS OF THE CONFERENCE.
Mr. PRICE:-I rise to a question of order.  The committee
have reported in favor of Mr. STONE, and that is conclusive.
The PRESIDENT:-I think the Conference has a right to
pass upon the credentials.
Mr. FIELD:-I have a serious objection to the admission
of the gentleman from Kansas. He holds the commission of
the Secretary of the Territory alone, from a man who has never
been appointed Governor. It is very irregular. It looks as
though the gentleman was sent here only for the purpose of giving the vote of Kansas to certain propositions.
Mr. JOHINSON, of Missouri:-The delegate comes here
with an appointment under the seal of the State of Kansas.  The
act admitting Kansas provides that all the territorial officers shall
exercise jurisdiction until others are elected. I think it is in
very bad taste for the gentleman from New York to question the
regularity of the appointment.
Mr. WICKLIFFE:-I make a point of order. We have decided to proceed to the vote at this time.
The PRESIDENT:-I think this is a privileged question.
Mr. HOUSTON:-I respectfully appeal from the decision
of the PRESIDENT.
Mr. MOREHIEAD:-I move to lay the whole subject on the
table.
Mr. FIELD:-I ask for a vote by States.
The PRESIDENT:-It is somewhat difficult to decide what
motion has precedence. What was the motion of the gentleman
from New York?
Mr. FIELD:-I moved a reconsideration of the action of the
Convention admitting Mr. STONE.  Let us have a vote on that
motion. It is as good a test as any.
Mr. MOREHEAD:-I insist that the question is upon my
motion to lay the whole subject on the table.
The question was taken upon the motion of Mr. MOREHEAD,
with the following result:
AYES.-Delaware, Kentucky, Maryland, Missouri, New  Jersey, North
Carolina, Pennsylvania, Rhode Island, Tennessee and Virginia-10.
NOES.-Connecticut, Illinois, Indiana, Maine, Massachusetts, New York,
New Hampshire, Ohio, and Vermont-9.
Mr. CLAY:-I would ask, as a matter of courtesy, not to say
286 
PROCEEDINGS OF THE CONFERENCE.
mmon decency, that Mr. STONE may be permitted to state
and why he came here.
Mr. STONE, of Kansas::-I understand that I was appointed
e Secretary of Kansas, who was at the time the Acting Gov  I understand that the appointment was made in accordwith the Enabling Act of Kansas.  I am not inclined to
a     my right to a seat in the Conference.
Mr. FIELD:I wish to ask the gentleman only one ques Was not Governor RoBrNsoN actually in possession of his
before the delegate received his appointment, and is he not
ch possession now?
Mr. STONE — He was, and is.
Mr. ALEXANDER: —I call for the reading of the fourth
Rule.
The fourth Rule was read by the Secretary, as follows:
4TH RULE.-A member shall not speak oftener than twice, without
special leave, upon the same question; and not a second time, before every
other who has been silent shall have been heard, if he chooses to speak upon
the subject.
Mr. FIELD:-In order to bring the subject fairly before
the Conference, I will put my motion in the form of a resolution,
as follows:
Resolved, That the credentials of Mr. STONE, who desires to act as a Commissioner from Kansas, be referred back to the Committee on Credentials,
with instructions to that committee to report the facts concerning his appointment, and whether it proceeded from the Territorial Secretary.
Mr. SUMMERS:-I wish the Committee on' Credentials to
stand right with the Conference. We accepted the commission
of the Acting Governor as primafacia correct.
Mr. VANDEVER:-I wish to offer a resolution.
Mr. GUTHRIE:  All resolutions are out of order.
The PRESIDENT — I think resolutions under the ruling of
the Conference cannot now be considered.
Mr. CURTIS:-I ask leave for the State of Iowa to vote on
the motion to lay the subject of the admission of the delegate
from Kansas on the table.
The motion was granted, and Iowa being called, voted No;
and the vote stood: Ayes, 10; Noes, 10. And so the motion was
lost.
287 
REPORT OF TIHE GENERAL COMMITTEE.
Much discussion here ensued on.the subject of the admission
of the delegate from Kansas, which was participated in by
Messrs. STOCKTON, CLEVELAND, COALTER, and others, when
3Mr. STONE observed that he had no desire to force himself
into the Conference, and until the question was settled he thought
it proper to withdraw.
The resolution offered by Mr. FIELD was adopted without a
division.
VOTE ON THE PROPOSITIONS AND AMENDMENTS.
The PRESIDENT:-The Conference will now proceed to
the consideration of the report of the General Committee, and the
amendments thereto.  The question will be taken oil the adoption of the first section reported by the Committee of One from
each State, which the SECRETARY will now read.
The SECRETARY read the report as follows:
SECTIoN 1. In all the present territory of the United States, not embraced within the limits of the Cherokee treaty grant, north of a line from
east to west on the parallel of 36~ 30' north latitude, involuntary servitude,
except in punishment of crime, is prohibited whilst it shall be under a territorial government; and in all the present territory south of said line, the
status of persons owing service or labor as it now exists shall not be changed
by law while such territory shall be under a territorial government; and
neither Congress nor the territorial government shall have power to hinder
or prevent the taking to said territory of persons held to labor or involuntary
service, within the United States, according to the laws or usages of the
State from which such persons may be taken, nor to impair the rights arising
out of said relations, which shall be subject to judicial cognizance in the Federal Courts, acco;ling to the common law; and when any territory north or
south of said line, within such boundary as Congress may prescribe, shall contain a population required for a member of Congress, according to the then
Federal ratio of representation, it shall, if its form of Government be republican, be admitted into the Union on an equal footing with the original
States, with or without involuntary service or labor, as the constitution of
such new State may provide.
SECTION 2. Territory shall not be acquired by the United States, unless
by treaty; nor, except for naval and commercial stations and depots, unless such treaty shall be ratified by fouLr-fifths of all the members of the
Senate.
SECTION 3. Neither the Constitution nor any amendment thereof shall
be construed to give Congress power to regulate, abolish, or control, within
any State or Territory of the United States, the relation established or recognized by the laws thereof touching persons bound to labor or involuntary
288 
REPORT OF THE GENERAL COMMITTEE.
service therein; nor to interfere with or abolish involuntary service in the
District of Columbia, without the consent of Maryland, and without the consent of the owners, or making the owners who do not consent just compensation; nor the power to interfere with or prohibit representatives and others
from bringing with them to the city of Washington, retaining and taking
away, persons so bound to labor; nor the power to interfere with or abolish
involuntary service in places under the exclusive jurisdiction of the United
States within those States and Territories where the same is established or
recognized; nor the power to prohibit the removal or transportation, by land,
sea, or river, of persons held to labor or involuntary service in any State or
Territory of the United States to any other State or Territory thereof where
it is established or recognized by law or usage; and the right during transportation of touching at ports, shores, and landings, and of landing in case of
distress, shall exist.  Nor shall Congress have power to authorize any higher
rate of taxation on persons bound to labor, than on land.
SECTIoN 4. The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States, by
appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person
to whom such service or labor is due.
SECTIoN 5.  The foreign slave trade, and the importation of slaves into the
United States and their Territories, from places beyond the present limits
thereof, are forever prohibited.
SECTION 6.  The first, third, and fifth sections, together with this section
six of these amendments, and the third paragraph of the second section of the
first article of the Constitution, and the third paragraph of the second section
of the fourth article thereof, shall not be amended or abolished without the
consent of all the States.
SECTION 7. Congress shall provide by law that the United States shall
pay to the owner the full value of his fugitive from labor, in all cases where
the marshal, or other officer, whose duty it was to arrest such fugitive, was
prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, after arrest, such fugitive was rescued by force, and the
owner thereby prevented and obstructed in the pursuit of his remedy for the
recovery of such fugitive.
Mr. GUTHRIE:  I hope now the Conference will proceed
in the regular way, and that the majority report will be first
perfected so far as amendments are concerned, and that then it
may be adopted.
Mr. SEDDON:-I move to amend the first section by inserting, after the words "in all the present territory south of
said line," the words "including the Cherokee grant," and I
call for a vote by States on the adoption of the amendment I
propose. My object is to carry out the instruction of the
19
289 
PROCEEDINGS OF THE CO0ERENCE.
committee.   A small part of the grant lies north of the line.
It is better to include the whole.
Mr. BACKUS:-I move to amend the amendment proposed
by the gentleman from Virginia, by substituting the word "excluding" for the word "including," and on my motion ask a vote
by States.
Mr. RUFFIN:-I think the gentleman does not understand
the effect of his amendment.
Mr. BACKUS:-I do not think we ought to regard the
Cherokee grant at all.
Mr. FRANKLIN: -I think both the amendments important.
Mr. SEDDON:-We must recognize the Cherokee Territory,
and not divide it. Upon mature reflection, I think the amendment is important.
The vote was taken upon the motion of Mr. BACIcxTs, and
resulted as follows:
AYES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Ohio, Pennsylvania, and Vermont-11.
NoEs.-Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Rhode Island, Tennessee, and Virginia-9.
The PRESIDENT:-The question is now upon the amendment offered by the gentleman from Virginia, as amended by the
Conference.
Mr. GUTHRIE:-I hope the amendment will not be adopted.
It is not necessary to the sense of the article.   It is cumulative
in its effect.  We  have expressly excluded the Cherokee grant,
lest we might seem to overrule the Cherokee treaty by a provision of the Constitution.
The vote was taken by States, on the adoption of the amendment proposed by Mr. SEDDON, as amended, with the following
result:
AYES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Ohio, and Vermont-10.
NoEs.-Delaware, Kentucky, Maryland, Missouri,  New  Jersey, North
Carolina, Pennsylvania, Rhode Island, Tennessee, and Virginia-10.
Thus the amendment was lost.
Mr. PRATT:-I wish to enter my dissent from the vote of
Connecticut.
290 
MR. FRANKLINS SUBSTrrUTE.
Mr. FRANKLIN:-I now offer as a substitute for the first
section, as reported, the following:
Strike out after the words "United States," in the first line, and insert as
follows:
"Not embraced by the Cherokee treaty, north of the parallel of 36~ 30'
of north latitude, involuntary servitude, except in punishment of crime, is
prohibited. In all the present territory south of that line, the status of
persons held to service or labor, as it now exists, shall not be changed; nor
shall any law be passed to hinder or prevent the taking of such persons to
said territory, nor to impair the rights arising from said relation; but the
same shall be subject to judicial cognizance in the Federal courts, according to
the common law. When any territory north or south of said line, within such
boundary as Congress may prescribe, shall contain a population equal to that
required for a member of Congress, it shall, if its form of government be
republican, be admitted into the Union on an equal footing with the original
States,; with or without involuntary servitude, as the constitution of such
State may provide."
Mr. FOWLER:-Let us first perfect the original.  I move
to amend by inserting after the word "prevent," in the first section, the words "or facilitate."
Mr. REID:-I think we ought to perfect the section before
we vote on a substitute. I move to amend it by inserting after
the word "line," after the words "territory south of said line,"
the following words: "involuntary servitude is recognized, and
property in those of the African race held to service or labor in
any of the States of the Union, when removed to such territory,
shall be protected and "   I have not expressed my views at large upon  the subject of
the committee's report. I have earnestly wished to settle the
perplexing questions which now distract the country. I do not
rise to make a speech. I have not come here to exact more than
the North can honorably grant, nor to deceive the North in the
result, if the rights of the South are not protected. Our property
is involved in your action. You can afford to be liberal. If you
intend to recognize property in slaves, write it down in the bond.
If the North wants any protection, name it, and we will put it
into the bond. If you fear that slavery may go north of the
proposed line, we will give you any assurance to the contrary.
But I tell you that on the other side we require reciprocal terms.
Nothing else will satisfy the public sentiment. Twelve months
hence and we will not take what we now offer to take.
291 
PROCEEDINGS OF THE CONFERENCE.
What are we talking about? Every one knows that the
African race is better off at the South than it could be elsewhere.
We do not wish to disrupt the Union.  You are doing it on  a
mere Northern abstraction. Suppose a foreign power asked you
what you were fighting about, what would be your answer?
But I was saying that the only way is for the North to be
liberal; to be reciprocal; to make us entirely safe. Our security
must be put into the bond and be faithfully preserved.  The
present status of the States in the Union is deceptive.  If I am
to remain in the Union, it don't suit me. If I am to go into a
southern confederacy, it is just what I should want. Beware,
gentlemen of the North! You are cutting yourselves off from
future glory and expansion.
Mr. VANDEVER:-The gentleman from North Carolina
wants the distinct recognitioni of slavery in the bond. I would
like to refer him to the condition of this question when the Constitution was adopted.  The men of that time would not assert
such a position. They did not think it proper or necessary. If
we adopt his views we attempt to sit in judgment on the men of
that day.  Mr. CALaouN understood this matter perfectly, and in
one of his speeches refers to the unwillingness of the Convention
to recognize slavery specifically. The sentiment of Iowa is that
no such recognition ought to be made now. I am opposed to the
amendment.
Mr. SEDDOlN:-I consider this an important amendment,
and a very just one. The principle upon which we are proceeding is that of partition. We, with our property are prohibited
from going north of the line. The exact correlative of that
would be, that you should be prohibited from going south with
your institutions. That we do not ask. On one side involuntary
servitude is prohibited. On the other we simply ask that it may
be recognized. We give up two-thirds of the territory altogether.
All we ask is protection in the remaining one-third.
What is the meaning of this proposition as it now stands?
Who does not see that its meaning is ambiguous?  It requires
us to give up territorial protection, and leaves us with nothing
but the shred of a right protected by the Federal courts.. Once
more let me tell you, that in my opinion the South will never
consider this a satisfactory adjustment. You say we are protected
292 
PROcEEDI)NGs OF THE CONFEENCE.
by the principles of the common law. Who can tell what this
will amount to?  Assuming the territorial government to be
favorable, it could do nothing. You leave it powerless. Suppose a citizen of Virginia emigrates to the territory south of the
line with his property. Hie would have no earthly right except
under the laws of Virginia. The power to enforce those laws is
a thousand miles away. If we are to make a partition, let it be
a partition. As the provision stands, it is the unfairest bargain
ever made.  It is all on the side of the North.  In common
fairness and honesty, I submit that the North ought to vote for
this amendment.
Mr. ORTH:-There is much that is worthy of consideration
in the remarks of the gentleman from Virginia. I hope earnestly
that we shall not adopt a proposal of amendment that admits of
two interpretations. If I could vote for the report of the majority
at all, I would throw around it all the protection it needs. This
is a new and peculiar species of property which we are now
making the Constitution recognize and protect.  If the South is
entitled to the proposition itself, I think they are entitled to this
amendment. After all, it is only making the amendment express just what we know its friends claim it implies.
Mr. GUTHRIE:-I would have preferred the direct recognition by express terms of slavery south of the line proposed,
and I voted that way in the committee. I suppose, however,
that the clause as it stands recognizes the status there, as it now
exists-that it prevents all interference with the statU8. Would
you prefer to put into the proposition certain express terms
which would destroy all chance of its adoption by the people?
I do not think the world is governed by ideas alone. It is
governed by ideas and material interests. The Constitution of
1787 secured the interests of the slaveholder in the States. This
clause does the same in the Territories. No man can be cheated
by it unless he cheats himself. Gentlemen favoring the amendment must know that at least it will not improve the prospects
of the proposition with the people. Do you wish to break up the
Conference?  This is an effectual way of doing it.
We ask for this proposition substantially as it stands. The
North can give it to us if it chooses. If it will not, then we
shall go home and tell our constituents.   They must decide for
293 
REMARKS OF MR. BARRINGER.
themselves what they will do. This will settle the Territorial
question effectually. What more do we want? The additional
guarantees?  These are provided for in the other clauses.
Mr. CHITTENDEIN:-I call for a vote by States on Mr.
REID's amendment.
Mr. BARRINGER:-I shall vote for the amendment of my
colleague. I have occupied no time in the general debate, but
now I do desire to say a few words about this amendment, and
the proposition to which it is offered. The amendment brings
up the very gist of the matter. Differences of opinion exist as
to the effect of the clause. The amendment settles them. This
is no place to talk about devotion to the Union. To be a Union
at all it must be one that recognizes and protects the rights of all.
Any other Union is not worth the name; is not worth preserving.
We came here, it is true, to save the Union. We came here to
devise the means of saving it. Practically the Union is already
dissolved. If not dissolved it is disintegrated.
We ask first, additional guarantees for our rights-for Southern rights.  They must be such as will satisfy our people, and
bring back the States that have left the Union. Short of this
they will amount to nothing. I know the public opinion of the
South on these important questions. I have closely watched its
growth. My own convictions as to what it will require are
decided. Unless you use language and adopt terms in your
proposals of amendment which will satisfy the seceded Stateswhich will induce them to return to the Union-your labors will
have been in vain.
What is our claim? It is this, in short: We claim that every
Southern man has the right to go into the Territories with his
property, wherever these Territories may be. The Territories
belong to both; to the South as well as to the North. We want
equality. We have no wish to propagate slavery, but every man
at the South does wish to insist upon his right to enter the
Territories upon terms of perfect equality with the North, if he
chooses to do so. Hie may not exercise the right, but he will not
give it up.
We want a division of the Territories. We want to set up
landmarks so that neither we nor our posterity shall dispute
hereafter about the line.
294 
REMARKS OF MR. CRISFIELD.
North Carolina has instructed us to say to this Conference,
that if the CRITENDEN amendment can be adopted here, we can
carry it almost with unanimity. There will be a struggle even
with our own people, but we can induce them to adopt it.
We have three hundred miles of border in common with
South Carolina. Our trade and our associations are in that direction. It is useless to deny that South Carolina has sympathizers among us in her recent movement. You must consider
these things, and give us a chance. We must base our argument on principle; we must stand upon terms of perfect equality.
The proposition needs this amendment.   As it stands it is
ambiguous. It is worse than that, for its construction will depend on the opinion of a Territorial Judge.
Mr. CRISFIELD: I come from a State that is deeply interested in the subject of slavery. Nevertheless, I shall vote
against the amendment of the gentleman from North Carolina.
I belong to that class of politicians which believes that the
people of every section of the Union have a right to go into
all the Territories of the Union, and take with them their property and hold it in safety. But we ought not, in our proposals of
amendment to the Constitution, to insist upon what will be repulsive to any section of the Union. I think the amendment is
unnecessary —that the right we claim is sufficiently protected
without it. As it stands, neither Congress nor the Territorial Government has the right to impair the status of the slave. What
farther protection do we need? What other can we have?
Why should we insist upon the adoption of a new style of language? We ought not to be unreasonable; we ought to content
ourselves with the proposition as it stands, and not put expressions into it which will make the whole repulsive to a large section of the country, and which, in all probability, will defeat the
whole amendment when it comes before the country. I am not
even sure that we could get it there. I doubt whether it would
pass Congress.
This is a very serious and important question. We wish to
stay the hands of extremists on both sides. We wish to stand by
the Union. If war comes, our soil is to be the battle ground.
I wish to avoid war. I will insist upon this, and I will consent
to no extreme opinions.
295 
REMARKS OF MR. MOREHEAD.
Mr. VANDEVER:-I do not see why Mr. GUT]EIE cannot
accept the proposed amendment. He and the gentleman from
North Carolina are both aiming at the same thing. The amendment is certainly the clearest. Do you suppose the people are
not going to understand the subject thoroughly? Do you suppose that they will be deceived by any such transparent disguise of words? You do not pay them a very high compliment by such a supposition.
I must vote against the amendments because I am opposed
to the principle of protecting slavery in the Territories.  Such
is the sentiment of the North. If it was not, I should vote for
the amendment.
Mr. MOREHEAD,  of Kentucky:-As  I intend  to vote
against the amendment, it is due to the Convention that I should
state the reasons for my vote. I am in favor of a clear recognition
of all the rights of the South, especially of our rights in the Territories. I voted for the CrrrTENDEN amendment in the committee. I thought the North ought, in justice to us, to adopt that
amendment.   We, in this Conference, have selected a Committee of One from each State-a committee of able men, and we have
placed this subject in their charge. They have consulted
together. They have ascertained the views and feeling of the different sections of the country; they have embodied the result of
their labors in this report. The question now presented appears to my mnind to be this: After all the time and ability they
have given to their report in the present distracted and perilous
condition of the country, shall I consent to put words into the
amendment of the Constitution which they recommend, that
will ensure its defeat when it comes before the people?
I know as certainly as that GOD rules in heaven, that unless we come to some satisfactory adjustment in this Conference, a convulsion will ensue such as the world has never seen.
I have been travelling for nearly two months in the seceded
States. I believe I understand the temper of their people. I
have found there an all-pervading dissatisfaction with the existing state of things, but I have also found great devotion to
the Union. I think we can yet save the seceded States. But
at least let us save Texas and Arkansas. As it is, black ruin
sits nursing the earthquake which threatens to level this Govern
296 
PROCEEDINGS OF THE CONFERENCE.
ment to its foundations. Can you not feel it, while there is yet
time to prepare for the shock?  If this giant frenzy of disunion
raises its crested head if red battle stamps his foot, the North
will feel the shock as severely as the South.
Such is the prospect before us, and near to us, and yet gentlemen say that they will not give one guarantee to avert such dire
calamities. Will not the gentleman from New York do one
thing to save that Ship of State of which he spoke so eloquently,
when she is already among the breakers, and driving so rapidly
toward that rocky shore against which her ribs of steel cannot
long protect her? We are patriots all we are bound to act together-to do something-to do our duty, and our whole duty
-to do what will ultimately preserve the Union.
Mr. PALMER: A few days ago the Conference listened to
a deliberate defence of the institution of slavery by its friends
from the slave States, in which at least one gentleman from a
free State (Mr. EwiNG) participated. That defence could have
had but one object. That object was to place us who do not believe in slavery in such a position that we could not agree to
a compromise without endorsing the views then expressed.
Gentlemen expect us to give up our opinions and concur with
them. I have but one remark to make to all such suggestions
We entertain our opinions on the subject of slavery; we cannot,
we will not surrender them.
We are told that this contest must cease, or the Union must
perish. I am inclined to think so myself. We stand ready to
make any reasonable compromise to save the Union, short of sacrificing our opinions.  You, gentlemen of the South, cannot be
satisfied unless our capitulation is complete.
I do not assent to much that is said here about the Border
States. If the Union is not dissolved until the Border States go
to fighting each other, it will last forever.
Mr. REID::-If we all mean the same thing, let us put it
into the bond. Then there will be no room for misunderstanding or controversy. If you leave this article open to construction, nothing will be settled. The gentleman is mistaken if he
supposes that I wish him to adopt my arguments.   I do not.  If
this provision, as it stands, protects slavery in the Territories
south of 36~ and 30', why not say so in express terms? I ques
297 
PROCEEDINGS OF TiE CONFERENCE.
tion whether the article, as reported, recognizes property in slaves
at all. I wish to settle the question now and forever. I do
not wish to have my purpose perverted. I wish to carry home
to North Carolina a reasonable story. We have given up all our
rights in the territory north of the line. Let the North be reciprocal.  What shall I tell my people at home?  That I have
given away their rights in more than one-half the territory, and
have not even secured a provision protecting property in slaves in
the remainder?
The vote, on the request of Mr. CarITTENDEs, was taken by
States, and resulted as follows:  AYES.-Virginia, North Carolina, and Missouri-3.
No ES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Tennessee, Kentucky, Ohio, Indiana, Illinois, and Iowa-17.
So the amendment was lost.
M1r. CARRUTIIERS:-Tennessee approves the sentiment of
the amendment, but she thinks the requisite security is already
given.
Mlessrs. BUTLER and CLAY, of Kentucky, and M1r. DENT, of
Mfaryland, asked to have their dissent recorded from the votes of
their respective States.
Mr. BARRINGER:-I wish to make a suggestion in relation
to Mr. FRANxLIN'S substitute.  I think it is not in order.  The
Conference has already determined to perfect the committee's report, before substitutes are to be considered.
Mr. CURTIS:-I now mnove to amend Mr. FRANxLN's substitute, by striking out all after the word " prohibit," in the third
line, down to and including the words " common law," and inserting instead thereof the words, "but this restriction shall not
apply to territory south of said line."
My proposition is offered in good faith, and to show that
Iowa is disposed to compromise. I do not say that this is as far
as she will go. I have inserted the very words used by our
fathers. They prohibited slavery north and tolerated it south of
the line. This was the original proposition of Virginia. If there
is any thing in its ethics, they are Virginia ethics. Slavery now
exists in these Territories. Let it be there. There is slavery in
Kansas, Utah, and Nebraska. We cannot help it. It appears
298 
REMARKS OF MR. -GUTHRIE.
to me that the South ought to accept this amendment. It
recognizes the opinions of our fathers.  This was JEFFERSON'S
idea when he drew the ordinance of 1787.
The Constitution does recognize the relation of master and
slave, in my opinion. I do not like it, I confess. You in the
South do not regard your blacks as slaves in the absolute sense of
the term. You have a right in their services, not in their
bodies. You recognize them as men in various ways.
Again I say, I do not offer this amendment to embarrass the
action of the Conference. It secures slavery south of 36~ 30'.
Mr. GUTHRIE:-This amendment would not be satisfactory
either to the South or myself. In my judgment, it ought not to
be adopted. We claim the right under the Constitution as it is,
to go into all the Territories of the Union with our property.
This right is confirmed to us by the decision of the Supreme
Court. There will be no compromise, if we cannot go home to
our people and tell them that you concede this right south of
36~ 30'. Otherwise, they would throw the propositions in our
faces. As it stands, the article gives you security, North. As it
would be when this amendment is adopted, it would give the
South law and litigation. We want peace. We cannot take
this amendment.
Pending the consideration of the amendment offered by Mr.
CURTIS, on motion of Mr. JAMES, the Conference adjourned to
ten o'clock to-morrow morning.
299 
PROCEEDINGS OF THE CONFERENCE.
SIXTEENTH DAY.
WAsHINGTON, SATURDAY, IFebruary 23d, 1861.
THE Conference was called to order at ten o'clock A. M., by
President TYLER, and its proceedings commenced with prayer
from Rev. Dr. BUTLER.
The Journal of yesterday, in part, was read. The Secretary
stated that he had not found time to complete it.
Mr. ALEXANDER: -I move  to rescind the resolution
adopted yesterday allowing ten minutes to a member proposing
an amendment, and ten minutes for the reply. I do not propose
to discuss the motion. I think all will agree upon the necessity
of rescinding the resolution. This will leave the five minutes'
rule in full force.
A vote by States was asked by several members.
Mr. SEDDON:-I wish to call the attention of the Conference to this subject for a moment. I hope the present rule will
not be changed. The debate up to yesterday was upon general
questions. We have not yet gone into detail. We tried the
operation of the ten minutes' rule yesterday. I am sure that it
will not be claimed that any gentleman abused it.
Mr. JAMES:-We  have scarcely discussed a question of
detail connected with an article in the committee's report.
Mr. ALEXANDER:-I will withdraw my motion.
Mr. VANDEVER:-I tried to offer a resolution yesterday
which I deemed important. It was then ruled out of order. I
am sure it is in order now. It reads as follows:
Resolved, That whatever may be the ultimate determination upon the
amendment of the Federal Constitution, or other propositions for adjustment
approved by this Convention, we, the members, do recommend our respective States and constituencies to faithfully abide in the Union.
30,11 
PROCEEDINGS OF THE CONFERENCE.
Mr. BRONSON:-I rise to a question of order.  The report
of the committee and the amendments thereto, are the special
order of business. We ought not to permit collateral questions
to be brought in. We adjourned yesterday with the amendment
proposed by Mr. FRANKLIN as a substitute for the first article of
the committee's report before us. To that Mr. CURTIs, of Iowa,
had offered an amendment, which was under discussion. Let us
keep to our rules.
The PRESIDENT: -I think the resolution of the gentleman from Iowa is in order now.
Mr. VANDEVER:-I hope the question will be taken upon
my resolution at the present time. All the questions we have
been discussing are, in my judgment, secondary to another which
ought to be first decided. Is this Conference true to the Uniontrue under all circumstances?  If so, I regard it as highly important that the Conference should give some expression to that
effect. Even if we should settle this great contention about
slavery to-day, other questions might afterward arise.   I am
quite prepared to see a claim set up, to what is called the right
of peaceful secession. I would guard against all such claims.
The passage of this resolution would have a beneficial effect upon
the public mind. I think we still have a Government which can
protect itself and the nation.  My constituents believe this preliminary question quite as important as that of protecting slavery
in the Territories.
Mr. RANDOLPH:-I move to lay the resolution introduced
by the gentleman from Iowa, on the table.
Mr. BUTLER:-I want the resolution read again.
Mr. VANDEVER:-Let us all go on to the record.   I ask
a vote by States.
The resolution was read, and the vote being taken by States,
resulted as follows:
AYES.-Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, Missouri, and Ohio-li.
NOES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, Indiana, Illinois, and Iowa-9.
So the motion to lay the resolution on the table prevailed.
The PRESIDENT:-The Conference will now proceed to the
consideration of the order of the day. The question is upon the
301 
REMARKS OF MR. HITCHCOCK.
amendment offered by the gentleman from Iowa, to the substitute for the first section of the report of the committee, offered
by the gentleman from Pennsylvania.
Mr. IIITCHCOCK:-I camne into this Conference with the
honest and single purpose of healing the unfortunate differences
which now distract the country, having no sinister ends to answer.
That purpose has hitherto remained unchanged. To accomplish
it, there is nothing I will not sacrifice except principle and honor.
I think the amendment of the gentleman from Iowa is, in substance, just the same as Mr. FRANLrN'S substitute.  In the one,
a fact is implied; in the other, the same fact is expressed. I
understand that neither proposition can command the support of
those gentlemen in the Conference who favor a National Convention.  Neither can the amendment command the approval of the
border slave States. Certainly not all, if it can any of them.
The adoption, then, of this amendment, will operate as a defeat
of the first section of the proposed amendment of the Constitution.  Neither party in this Conference will accept it.  While,
therefore, I believe it ought to be accepted-while I believe it
amounts to nearly the same as the original proposition, I will
not peril the Union upon a mere question of form.
I did not come here to inquire into causes. Our differences
exist, and I do not think they were occasioned by the success of
the Republican party in the last Presidential election. The
plotters against the Union have seized upon the occasion to accomplish their designs.
By no fault of their own, several of the Border States are
placed in a very unfortunate position. They wish to remain in
the Union, but their people insist that certain of their rights
shall be previously secured; in other words, guaranteed.
It is my firm belief that if the inauguration of President
LicoLN was over, if his administration had been for a few
months in operation, we should all be at peace. Now, we must
act upon the facts as they are presented to us.
I must vote against the amendment of the gentleman from
Iowa in order to give the original proposition a fair chance. I
wish to have it distinctly understood that this is the reason why
I cast my vote against his amendment.
Mr. JAMES:-I do not rise to debate the question at length,
302 
REMARKS OF MR.  rITCHCOOK.
now before the Conference. I think that this amendment brings
us at once to the true issue which the case presents. We have
hitherto been talking about abstractions. Now we come directly
to the point. As this is a Conference to settle disputed questions,
the sooner we come to the true points in issue, the better.
What is the cause of our present differences? It is not found
in any action of the North.   No Northern State proposes to
disrupt the Union or to threaten its stability. But certain of the
Southern slave States come here and say to us that certain alleged
rights of theirs must be secured, or they cannot induce their
people to consent to remain in the Union.
I have heard a great deal said in this Conference about civil
war. Now, civil war is not a pleasant subject to consider; but,
gentlemen, I pray you to remember that the North proposes no
civil war.  She declines to consider the subject at all, now.  If
civil war is brought upon the country, it will be your work, not
ours.  The North will do all she can to stay your hands-to prevent you from plunging the country into civil war.  She will not
enter upon it until you force her to do so. When you begin it,
and force her into war in order to defend the Government and
the Union, I have no doubt she will enter the field and carry on
civil war until the Union is restored and its enemies put down.
Let me ask you, gentlemen, who have so much to say about war,
whether you had not better leave that question where it is?
It has been assumed, and very often stated here, that the
present Constitution gives the right to the Southern slave owner
to take his negroes into any of the Territories of the United
States, and hold them there as slaves. I think it would be well
for you not to act so entirely upon that assumption. A different
view prevails quite extensively at the North.  It will be a long
time before that view is changed.
Now, you gentlemen of the South propose to restore the
Missouri Compromise line. To induce us to adopt it, you say
that the territory south of it is a barren, worthless desert-that
slavery can never obtain a substantial foothold there. Why,
then, do you make the subject one of so much importance?
Why do you risk all the calamities of civil war and a disruption
of the Union for such a poor reward?  We should distrust all
your statements, we should disbelieve all your professions of
303 
R]EMARKS OF MR. CARRUTHERS.
patriotism, if we could for a moment credit the assertion that you
would break up the Union on such a worthless pretext.
You ring the changes in our ears upon the decision of the
Supreme Court in your favor.  Let me tell you plainly that there
is no section of the Union in which the decisions of that court
have been so fully and fairly respected and observed as in the
free States of the North. With that you should be satisfied.
You are in trouble; that is evident. Your troubles have
been caused by the repeal of the Missouri Compromise.  That,
again, was your work, not ours. We opposed the repeal to the
end. You had the power and you carried it. Now the North is
indifferent about the restoration of that compromise; but if that
will satisfy you, restore the status _uo, and the North will stand
by you. But you must not expect now, that the North will do
any thing better for you than to extend the provisions of the
Missouri Compromise to the Pacific Ocean.
Mr. CARRUTHE RS:-The gentleman from New York who
has last addressed the Conference, appeals to us to accept the
amendment now proposed, upon the grounds of justice and
equity. What is the present state of the case? We claim the
right to go into all the Territories with our southern property.
The Supreme Court has confirmed this right to us. With this
advantage in our favor, we have met here to compromise. What
is the proposition now?  It is to give the North all the territory north of 36~ 30', and to leave all questions concerning the
territory south of that line without any adjustment at all! That
gentleman favors no compromise at all. He proposes that we
should go home without any adjustment. Shall we go back to
our excited people and say this: " The North will make no adjustment with you "? Is this the way to settle the important
questions that now distract the country? 
We have not come here for war; we have come here for
peace. We have come to settle all the questions between us
upon a fair and equitable basis.  How  are we met?  Gentlemen from the North say they will give us nothing. All we
ask is right and justice-that right which the Constitution and
the Court has given us in all the territory, secured in one-third
of it. With that we will be content.
Some gentlemen object to the phraseology of the article.
304 
REMARKS OF MR. LOGAN.
Let them have all that their own way. They stop here to
quarrel about words?  Settle those as you like, but we ask all
the friends of the Union to stand by, and reject all amendments
which affect the substance of the article. Such a course will end
all contention.
We read in Sacred iistory that the Israelites were once so
conscientious that they would not fight on Sunday. They were
attacked and overthrown. They finally agreed to compromise
the question of conscience so far as to fight in self-defence on
Sunday. They were attacked then, and the enemy was over thrown.
The report is not such as we could wish it might be, but,
such as it is, we will accept it and stand by it. We will adopt
it, and we ask the North to adopt it, in the true spirit of compromise.
Mr. LOGAN:-I am under the necessity of believing that
the gentleman from Iowa is in earnest, in offering this amendment; but if I were to present it, I should not expect any one to}
believe I was in earnest. What is the compromise which this
amendment proposes?  It is, in substance, that the North will
take three-fourths of the Territory under the Constitution, and
the rest by force. If gentlemen entertain such views, we might
as well come to a direct vote at once, and see whether any thing
can be done.
The gentleman from Iowa says this is the Missouri Compromise; but it lacks much of it.  Besides, circumstances have
greatly changed since 1820, when the compromise was adopted.
Now, seven States have left us and gone out of the Union, and
we are acting in view of that fact. There is a contest between
the North and the remaining Southern States, and the latter
have no better chance in that contest alone, than Turkey had in
the grasp of the rugged Russian Bear. The gentlemen from
these States do not threaten.  All they say is, "If we cannot
agree longer together, let us go in peace.  We will fight only
in self-defence."
They ask us further, "If we stay with you, how do you intend to treat us? As equals, or as inferiors? " If as inferiors,
we cannot sustain ourselves with our people, saying nothing of
our own self-respect.  I acknowledge the force of these inquiries.
20
305 
iREMARKS OF MR. MOREHEAD.
A civil revolution terminated at the last election. The power
to wield the Government came into the hands of the Republicans. The circumstances suddenly change. Political power
leaves the South. What now shall we give them in place of
that?  Shall we leave these States at our mercy?  This is an
earnest time. We should act as if the fate of a great nation depended on our action. If we intend to say we will do nothing,
let us say so plainly, and not by indirection.
Mr. MOREIEAD, of North Carolina:-I thank GOD I hear
a voice such as I have just heard from that section of the country (Iowa)!  I have been a member of a recent Legislature of
North Carolina, in which there was a majority of secessionists. I
have been jeered at in that body for the opinions I have expressed,
for I have told those gentlemen repeatedly that if we could
once get the ear of the North, the North would do us justice.
They pointed me to the raid of JOHN BRowN-to the meeting in
Boston, where the gallows of JOHN BROwN was carried with
solemn ceremonies into the Cradle of Liberty.  They pointed me
to the man who presided over that meeting, since elevated to
the high and honorable position of Governor of Massachusetts.
Notwithstanding all this, I have replied that the masses of the
northern people would deal fairly by us. I have told these
secessionists to their teeth that Mr. LINCOLN was properly elected
under the Constitution, and that he ought to be inaugurated.
Their reply was, "Kansas, and the JOAN BROwN raid!"
Now, I ask this Conference to look for one moment  at the
effect of the amendment which is proposed. It withdraws all
constitutional protection from us north of 36~ 30'. Adopt it,
and what has Massachusetts to do but to import her foreigners
into the country south, and take possession of it. New York
will back her, and we shall be swept from the face of the earth.
If the gentleman from New York means to say that the
nation can put its foot on to the neck of the States and crush
them into submission, let him go into Virginia and join in
another JOHN BROwN raid. Virginia will treat him as she did
JoHN BRowN.  No! the gentleman has not studied the motto of
the Union.  There is the E _pluribS as well as the zmtnu.  If
the new President proposes to come down to the South and
306 
REMARKS OF MR. BRADFORD.
conquer us, he will find that the whole temple shall fall.  We
can be crushed, perhaps, but conquered, never!
Mr. BRADFORD:-Maryland has, under the lead of her
constitutional Chief Magistrate, determined to preserve her position of neutrality, and not by any action of hers to add to the
prevailing excitement on either side. She has done what she
could to allay the existing irritation, and will continue to pursue
the same policy she has hitherto adopted.
Hlere is a large file of amendments. Almost every delegation
has given notice of an intention to offer one or more. If we begin to adopt them, I feel sure that we shall destroy all hope of an
ultimate agreement.
Mr. President, I desire to make an emphatic declaration to
this Conference. It is this: Give us the report as it came from
the committee, without substantial alteration, and there is no
power on earth that can draw the State of Maryland out of the
Union! Maryland has been called the heart of the Union.  The
day she leaves the Union, that heart is broken!  I am  now inclined to set my face against all amendments. I think that is
the better course.
In the populous section of the State where I reside, the universal cry is, "For God's sake, settle these questions!"  Why
can we not settle them?  The committee inform us that the
members of which it is composed, were nearly unanimous upon
all points except the territorial question. Will reasonable men
not yield a little to each other in order to settle that?
Then let us look calmly at the consequences which must follow our disagreement. I will enter into no panegyric of the
Union. To use an often repeated expression, it needs none. It is
enshrined in the hearts of the people with all the glories of the
past, with all the glorious hopes of the future. It has given us a
position in the front rank of the nations. There is every prospect that it will make us in the end the most powerful among the
nations.  Who can look unmoved upon the spectacle of such a
Union about to fall into fragments?  What sacrifice too great to
avert such a ruin?
We all understand, we all agree that we can save the Union
by settling this miserable question of slavery in the Territories.
We should be unworthy of ourselves and our trusts, if we set our
307 
REMARKS OF MR. HACKLEMAN.
division upon this question above the preservation of the Union.
HIow can it be possible that Union men, or even politicians, can
hesitate as to which path ought to be taken?  One leads to ruin,
the other to a haven of safety.
It will be a world-wonder hereafter, if we do not agree. The
people-the whole country, will stand aghast at the spectacle of
folly we present. I would not, for all the wealth and honors the
nation could bestow, be remembered hereafter as a man who stood
between these measures of pacification and the people who should
finally decide upon them. I would not have the priceless blessing of the Union put in peril for a single hour, when its safety
can be purchased at so small a cost.
Mr. I-IACKLEMAN:-The civilized world is amazed at the
present condition of one of the greatest Governments on the face
of the earth.  I participate in that amazement myself.  What is
that condition?  In a time of profound peace, of great prosperity,
with the Government itself in the hands of southern men, State
after State has dared to attempt to sever its connection with the
Union. Even Florida, which has cost us so many millions, which
ever since we had her has been a constant slough of expenditure,
says we cannot even have the national property which happens
to be within her territorial limits!
I am not so strong a believer in the effect of legislative
action as many others. I have looked at the main points of
our differences in the light of history, and it is my belief that
the laws of soil and climate will settle this question of slavery
in the Territories, much more effectually than we can settle it
by any legislative or constitutional provisions.
The Missouri Compromise once settled this Territorial question in a manner satisfactory to the South.  Through the influence of the South it was repealed.  Now the South desires to
have its provisions restored. As I understand the amendment
of the gentleman from Iowa, it exactly restores the statgs quo.
We are told, farther, that the natural allies of the border
slave States have left them; that, reduced in numbers, they cannot maintain their position against the North. This assumes
that the North is hostile to the South. I deny it. I say that
my state is the natural ally of Kentucky, a more powerful ally
than she ever had South.
308 
REMAPKS OF MR. HOUSTON.
Parties are governed by certain natural laws. A party
which adopts a principle at war with  the sentiments of the
people may succeed for a time by the force of party drill, but
in the end it will go down.   The CALHiio  doctrine destroyed a
party.  Under the operation of the same law the Democratic
party has gone done. But you cannot destroy a party before its
time. The effort of Virginia now is to overthrow the Republican party. The effort will not succeed. It is equivalent to an
attempt to overthrow the country.
I am not frightened at this idea of giving guarantees. I do
not think them of much importance. I am willing to give such
as are reasonable. We hold to a certain extent to your doctrine
of State sovereignty, and would protect it.
Our people North and South are too much alike in many
respects.  We are all inclined to stand too much upon party abstractions.  This is almost the only reason why we cannot agree.
We are told that some things stated here grate harshly upon
the ears of gentlemen from the South. The converse of this is
equally true. I can take a rebuke, I trust, in a good temper, but
I do not like to be stabbed in the house of my friends.  I do not
like to have doctrines and opinions imputed to me and my party
which are only entertained by a little knot of fanatical abolitionists in the neighborhood of Boston; a few men who will not vote
under the present Constitution, and who are led and controlled
by LLOYD GARRISON and WENDI)ELL PHILLIPS.
Mr. HOUSTON:-I am strongly averse to the introduction
of the subject of party into the deliberations of the Conference.
I did not intend to allude to party at all; but since the subject
has been referred to in such impassioned terms, I feel that I must
say a word about it.
Many references have been made in this debate to the opinions of WASIINGTON. I wish his opinions were better observed
and respected. I refer to his appeal to his countrymen not to
form parties with reference to geographical lines, and asking
them to frown indignantly upon every attempt to form such
parties.
What  WAsNmGTON  foresaw, at length has come to pass.
Parties have been formed, and are now in existence, divided by
geographical lines, having no interests or ophiions in common.
309 
REMARKS OF MR. HOUSTON.
But no such parties can long exist without threatening the stability of the Government.
So long as parties were national in their character; so long
as they excluded sectional interests from their platforms, their
existence was a benefit rather than an injury to the Union.
Gradually they have all drifted toward sectionalism, until now
we find ourselves in a position which taxes the ability and
ingenuity of the ablest men to provide for the existence even of
our Government.
Now, I see no chance of safety for us until we reestablish
political parties upon their old bases, excluding all sectional considerations. When this is accomplished, the country is safe. It
can only be done by settling this territorial question, and removing all inducement to the formation of sectional parties.
The election of ]gr. LncoLN was a fair election. It afforded
no just pretext for secession, much less for the formation of
sectional parties, or for creating sectional issues.
The time has come when the advice, the counsels of WASHInGTO, become his most precious legacy to the country. Shall
we not regard the solemn admonitions of the Father of his
Country?
I would ask our friends from the North-for they are our
friends and not our enemies-whether they will not listen to
these counsels of WAsHINGTON?  Hie was always ready, always
willing to submit to just compromises, when they were necessary
to the peace and happiness of his country. Will they not
emulate his example now?
Delaware does not feel any special interest in this question
of slavery in the Territories. She would have it settled in that
way which would promote the interests of the whole Union.
Her present impression is, that the report of the committee
presents the most practicable and equitable mode of adjustment.
Long ago Delaware favored the abolition of the slave trade.
She has been consistent in her course on that question ever since.
It is not unlikely that she may soon favor the abolition of slavery
within her limits. Her progress has been in that direction.
When the present Constitution was adopted, Delaware had
fifteen thousand slaves. Now she has not more than eighteen
hundred.
310
"I, I  I w,''    1.~ - 
REMARKS OF MR. TUCK.
Mr. TUCK:-I recognize the reason and propriety of the
wishes of the gentleman from Maryland, to try the proposition
now before the Conference upon its merits. I certainly do not
desire to have time taken up in unnecessary delay. I do not
think much of these statements about civil war. Nor is there any
attempt here to defame or injure any section. No member here
has any such intention.  We seem to be divided into two parties.
Both are willing to act; neither asks for delay. One desires
action through Congress, the other through the people, acting in
General Convention. We all have confidence in the people.
What do you see in this Conference?  One-half of the Republicans here, are ready to join hands with those who would invoke
the action of Congress, and carry their propositions through, to
send them at once to Congress. I am ready to carry your prop ositions directly to the people.
A word now to the Democrats in this Conference. You have
always been our superiors in political address and management.
You expect in four years to bring the Government back under
your control. My strong bias is in favor of a General Convention. That bias I got from the old Democratic party. The first
mention of such an idea I found in an article in the " National
Intelligencer"-a paper which certainly does not advocate radical
views. I am aware of the opposition which this idea will meet
with here, and yet I have heard many gentlemen from the South
say, that this idea carried out-the question fairly submitted to
the people, and decided by them, their decision would be satisfactory. And would not many of the Southern slave States be
satisfied with a decision upon these questions by a General Convention?  Would not Georgia, Kentucky, Maryland, and Tennessee be willing to submit their interests to such a tribunal?
Now, I wish to ask the members representing the Southern
States in this Conference, whether, when we offer you a General
Convention, fairly elected, which shall patiently hear and firmly
decide all our points of difference, you had not better accept it?
I assure you, gentlemen, in the most perfect good faith, that a
convention is the best alternative the North can now offer you.
It is a fair and an honorable alternative; and because it is so, the
North will insist that it ought to be satisfactory to you. If you
refuse it, I ask you whether, in the sight of GOD and Man, you
311 
PROCEEDINGS OF THE CONFERENCE.
will not have stood between the country and peace? We act in
secret here, but in the end all our actions will be exposed to the
world.  It will be seen that we were ready to do justice to you,
and to submit all your claims to the final verdict of the people.
Should you not at least wait for their decision 
Mr. DONIPHAN:-Will the gentleman support these proposals of amendment in a convention of the people, and will he
use his influence to elect members of such a convention who will
do the same?  If the North will give us such pledges as will
secure that kind of action, perhaps we will go for a General
Convention. Without such a pledge, a General Convention would
be worse than useless.
Mr. WICKLIFFE:-I am glad I have obtained the floor for
a few minutes. I feel that it will be very painful for me to
address the Conference, on account of physical debility.
But I came here with the single purpose of accomplishing the
settlement of one or two important questions. Permit me, once
for all, and for the last time, to tell the gentlemen from New
Hampshire and Connecticut, that they wholly misunderstand the
import of the action of the Legislature of Kentucky, and the
views of the "Louisville Journal." I have said, before, that in
view of the fact that Congress could not settle our difficulties,
the Legislature of Kentucky asked for a National Convention,
as our only hope of making an adjustment. After this came the
invitation of Virginia, like a bright beam of hope. Virginia
invited you all. New York, New Hampshire, and Massachusetts,
and the other States, to meet and consult for the public safety.
If you did not wish to secure our common safety, you should not
have accepted her invitation.
Mfr. BOUTWELL -Then we are to understand that if we
do not favor the CRrITENDEN resolutions, we should not have come
here at all.
Mr. WICKLIFFE:-I  say nothing of the kind.  But I
insist that you should tell us now, what the conclusion is to
which you have arrived. We want to know what you gentlemen, representing the Northern States, intend to do. Give us
your votes. We have had enough of discussion, which amounts
to nothing. If you will consent to no arrangement, let us know
it now. We have a duty to perform toward our own people.
312 
REMARKS OF MR. COOK.
We wish to relieve them from suspense, so that they may determine what their future course shall be, in view of the fact
that you will do nothing for them.
Mr. COOK:-If Illinois had understood that she was only
to come here for the purpose of agreeing to the propositions of
Virginia as announced in the resolutions which accompanied her
invitation, the Conference may be assured that Illinois would
not have appeared here at all.  She understood that she was
invited to a Conference, in which all the States were to meet
upon a basis of perfect equality.  The very resolutions of the
Legislature of Illinois, under which we received our appointments, assert that their adoption is not to be regarded as an
assent to the resolutions of Virginia.
We think we are not passing the limits of propriety, when we
insist that we should be peritted to state the views and opinions
of the people of Illinois, on the questions which this Conference
proposes to decide. To state what we will and what we will not
concede.  There seems to be an unwillingness to give us this
permission. If the people are now ready to give their sanction
to the propositions contained in the Virginia resolutions, they
would send delegates here who would accept these propositions
without debate or discussion.  They have not yet -done so.  If
they intended to limit our right of private judgment, they have
certainly not yet expressed any such intention. They understand,
and we have not forgotten, that there is a broad distinction
between the guaranty of old rights and the creation of new ones.
We now understand just what the South proposes. The
question is plainly and distinctly presented to us, whether we
will assent to a constitutional recognition of the right to hold
slaves in a portion of the Territories of the United States. It is
not a question of prohibition at all. We are required to assert the
affirmative right of holding slaves independent of State laws, and
under the Constitution.
Gentlemen present us this question, and coolly tell us we
want no more discussion, no more arguments, no examination of
our respective rights under or outside the Constitution. We
wish you to tell us at once whether you will assent to our wishes
or not. If you will not, then comes some dark insinuations
313
0 
REMARKS OF MR. EWING.
about going home to their people, and certain consequences are
to follow, of the precise nature of which we are not informed.
Gentlemen, when was the sanction of the American people
ever secured to an important proposition in such a way as this?
If we are not to exercise our judgment, and act according to its
dictates, upon every proposal of amendment here presented,
then, for one, I care not how soon our deliberations end. Until
we better understand our relative positions than we seem to at
present, I do not see much use in prolonging the discussion.
Mr. EWING:-Some concession must be expected firom both
sides, or we cannot agree. As a Northern man, I feel it to be
my duty to get these propositions made as acceptable to the
North as I can, and then to ensure their submission to the
people.  Even then, we are not committed to the support of
these propositions, though I myselPWould feel so to some extent.
A single question is now presented to us. Shall we accept these
propositions when they are perfected as far as they can be, or
shall we submit to a dissolution of the Union? I am willing to
say that I will yield my personal opinions for the purpose of
concession, and I do not think I show myself an inferior man by
doing so.  In all disputes, the firmest men are the first to yield.
Let a man be firm as a rock in battle, but conciliatory in council;
especially in such a council as this, where the lives of millions
may be concerned.  There is a firmness which is but anothier
name for imprudence-for rashness.  Take the case of a railroad
collision.  One engineer may have the right of track; it may be
the duty of all others to recognize that right, and not interfere
with his exercising it.  But, if another gets on to it, he who has
the right would not be justified, if, in its exercise, he ran blindly
on, and produced a collision, destroying the lives of his passengers, when he could have avoided the collision.  So it is here.
We may be right-the North may be right; but we should not
hazard the existence of the Union by a determination to exercise
that right at all events, when, by some slight concessions, we
could save the Union. Let us use our judgments-let us act in
view of the facts here presented, with that prudence and discrimination which we apply to the ordinary affairs of life, and
all will yet be well.
314 
REMARKS OF MR. KING.
Mr. KING:-I have not spoken hitherto, and should not
now say a word, but for the remark of the gentleman from Kentucky. I come here as one of the representatives of the State of
New York., As such I am the equal-the peer of any representative of any other State on this floor. I do not intend to be
lectured into or intimidated from doing any thing which my
judgment tells me I should not do, or should do.
Speaking for New York, I say that she holds her allegiance to
the Constitution and the Government of the United States above
and beyond any other political duty or obligation. With this
obligation always before them, her representatives have come
here to consult with you upon the present condition of the country. I am as old as the gentleman from Kentucky. I recognize
no right in him to lecture me on my political duties. I revere
the Constitution of my country.  I was educated to love it, and
my own father helped to make it. I cannot sit still and hear
such declarations as have been hourly repeated here for the last
few days.
Mr. SEDDON:-Does the gentleman consider this a consolidated Government or a confederation of States?
Mr. KING:-I consider this a confederation of States under
the Constitution, and that in all that respects the General Government, every good citizen owes an allegiance to it above and
beyond that which he owes to his State or to any other politcal authority. And that statement comprises nearly all I wish
to say. The State of New York at all times, in peace or war, has
been loyal to the Constitution; and, although some of her representatives here may undertake to make you think differently, she
always will be.  Yes! loyal with all her strength and power!
And as one of her representatives, I shall yield nothing on her
part to threats, menaces, or intimidations. I believe the Constitution as it now stands gives you guarantees enough-all you
ought to have.
Mr. GOODRICH:-I ought not to permit this vote to be
taken, without a word of reply to the remarks of the gentleman
from North Carolina.  The impression would certainly be derived from his speech that Governor ANDREW, of Massachusetts,
approved of the JOHN BRowN raid. This is not true. There is
not a particle of truth in the assertion.   There  is a gentle
315 
PROCEEDINGS OF THE CONFERENCE.
man here, who heard Governor ANmREw state publicly when
he first heard of that raid, that JOHN BRowN must be crazy.
It is true that a meeting was held in Boston to raise funds to
support the poverty-stricken family of JOHr BRowN.   Governor
ANDREW, I believe, presided; and a single paragraph taken from
some remarks he made on that occasion, has been scattered broadcast over the country. In order to understand what he did say,
both the context and what followed it are indispensable.  Those
were carefully suppressed. The opinions of Governor ANDREw
are well known.  They are in sympathy with those of the people of Massachusetts.  Neither he nor they approved the JOHN
BROWN invasion.
Mr. RANDOLPH:-I call the gentleman to order.  Hie is
discussing a subject which is strictly personal, having no connection with the report of the committee, or the amendments offered to that report.
The PRESIDENT:-I think the remarks of the gentleman
from Massachusetts are not in order.
Mr. GOODRICH:-Well, I cannot proceed in order.  I only
desired to correct a misapprehension. I do not quite understand
why these misrepresentations should be made, and then objections interposed to their correction.
Mr. HOPPIN:-I rise, Mr. President, to address the Conference with great reluctance. If there is a gentleman within the
sound of my voice whose heart is full of anxious solicitude for the
safety of the country, he will know how to sympathize with me.
I do not represent a State containing four millions of people, but
one of the smallest in the Union; and yet little Rhode Island has
a heart which beats true to the Union. It so happened that she
was one of the last to accept the Constitution; but when she did
accept it-when she took upon herself its obligations-she became faithful to it, and she has ever since been true.
I feel that my position is peculiar. I cannot judge of other
men as some gentlemen do.  The North is full of men who do
not concur in my opinions upon the question of slavery. I
know they are honest and honorable men. I should do injustice
to them and to myself, if I believed them to be either corrupt or
enemies of the Union and of good government; and it is just the
same in the South as in other sections.  Looking around me
316 
REMARKS OF MR. HOPPIN.
upon these able and patriotic representatives, who come here with
full hearts and tell us of their position-of the feelings of their
people-of the anxiety and apprehension which is so deeply felt
among them, can I believe that these men are dishonest? that
they do not mean what they say?  No, sir! Nobody can be so
unjust and unfair as that.
I think of these questions which we are discussing earnestly
and continually. My heart is torn by conflicting emotions. I
wish to perform my duty toward all sections, and I do feel sure
that something must be done for our southern friends. They
wish to remain in the Union-they do not wish to be driven
out; and they tell us in all sincerity that something must be
done to satisfy their people, or they cannot keep them in the
Union. I know that the questions presented here are very embarrassing to the North, but we must decide them. We must do
the best we can, and the North will sustain us; our constituents
will approve our action.
Rhode Island wishes to act fairly by all. She does not herself, need any amendments to the Constitution; but if her sisters
need them, she will consider their necessities. Her delegation
here acts unitedly, and its members are influenced by the same
spirit. We have done all we could to bring ourselves to a rational
conclusion; and we feel, my friends, as though this body ought
never to separate until we come to an agreement —until we come
to some compromise which will be satisfactory to all.
I cannot now, in the short time that remains, go into a minute examination of the various points presented. This has been
done by abler men. But I do feel that although the questions
may be difficult, there are none of them which, as sensible men,
we cannot settle. Don't let us forget our great mission and descend into personal abuse. Do not let us forget our high duties.
Let us perform them in a friendly and a Christian spirit. Let us
look at the facts as they are. Let us not spend our time in trying to find out who struck the first blow, or who is responsible.
Let us all unite together in one great, final effort to save the
country and the Union.
As matters now stand, we who represent Rhode Island can
see no way more desirable than to vote for and support the report of the committee. And yet we do not insist upon that re
317 
REMARKS OF MR. CROWNINSHIELD.
port. Show us any thing better, and we will go for it. But we
will do nothing to widen the breadh-we will do all we can to
heal it.  My friends, I say once more, let us go to work earnestly,
and do not let us separate and go to our homes, until we can carry
with us the glorious news that we have healed up all dissensions and adopted a plan that will secure the Union and make it
perpetual.
Mr. CROWNINSHIIELD:-I understand that the proposition of the gentleman from Iowa is to restore the M-issouri Compromise. If so, does not his proposition commend itself to the
Conference as one that will command the respect and support of
the country?  I have asked, many others have asked, what is the
cause of our present difficulties? The question meets no direct
reply-no definite answer.  The repeal of the Missouri Compromise is referred to, hinted at, as the principal cause. If an answer were extorted, I think it would be, the repeal of that Compromise.
The history of the Missouri Compromise is so simple that we
all understand it. Southern men forced the measure upon the
Northl.  The few northern men who voted for it were swept out
of their political existence at the election which followed its passage. Which section is responsible for its repeal-the North
or the South?  You say its repeal was moved by a northern man.
Very true! But he was a northern man who had adopted
southern principles, and who sought to secure the favor of the
South by this act. Southern men supported his proposition and
carried it through Congress against the votes and the remonstrances of the North.
The South, then, established and destroyed the Missouri Compromise. The South wishes to have its provisions restored.
Why, then, are you not satisfied to have it put into the Constitution, and so make it permanent and perpetual, if the North
will consent to it? Are the circumstances of the South so much
changed?  If it was equitable in 1820, dfortiori it ought to be
equitable in 1861. Territory has been acquired since 1820, it is
true, but it is all or nearly all, south of the compromise line.
Restore the Missouri Compromise and this territory will be de.
voted to southern institutions. What territory has been acquired since?  Will gentlemen reply, "Oregon"?. I insist that
318 
PROCEEDINGS OF THE CONFERENCE.
Oregon was virtually acquired before. It only required the final
agreement upon a boundary line.
If there is any proposition in which the North can concur any that will restore harmony between tile North and the
South-it is the restoration of the Missouri Compromise.  If
any other is proposed less favorable or just to the North, I do
not believe the people will adopt it.
I am not insensible to the condition of the country. Neither
are my colleagues, nor the constituents they represent. But you
must not expect us here, in the worst emergency you can
imagine, to forget or throw away the rights of our people. If
we consent to support this amendment, it is as far as we can go.
You ought not to ask us to go farther.
Mr. DENT:-I will only occupy one moment.  Maryland
has spoken in language which satisfies me. As I understand
him, I concur in what my colleague has said.
Now the nut is to be cracked. The majority report proposes
to give up three-fourths of our territory to the North absolutely,
retaining the little balance for the South. The amendment proposes to pick the kernel out of the balance, and to leave the
husks to us. To that we shall agree when we are compelled to;
not before.
Mr. JOHNSON,  of Missouri: -The Supreme Court has
already decided, in terms which are not ambiguous, that Congress has no right, under the Constitution, to prohibit slavery in
the Territories. Now, our brethren of the North propose to give
's the Missouri Compromise.  What do they mean?  Do they
intend to give us a substantial right-one that we can enforce
and rely upon, or do they intend to keep it from us? They are
shrewd as well as honorable men.  They know that the effect of
this amendment will be to leave the territory south of the line,
without the slightest acknowledgment or guaranty, just where it
is at the present time, so far as slavery is concerned.
The construction placed upon the Missouri Compromise was,
that the prohibition of slavery north of the line which it established, implied the right of holding slaves south of the line. At
the time of its adoption there was, in respect of this construction,
no difference of opinion.  Such was the construction of Mr
WEBSTER.
319 
iREMARKS OF MR. CLAY.
Now you propose to leave it still for Congress to legislate as
to the territory south. You secure that north, by a prohibition
in the Constitution; you will get that south, by the action of
Congress.
The decision in the Dred Scott case may be reversed. It
afforded no permanent protection. One of your leaders (Mr.
WLMOT) says he will war against it.  The gentleman from New
York (Mr. SMITH) denies the force of the decision in this respect.
Now, gentlemen, all we of the South want, is to have this question settled. You know well that the adoption of this amendment, so far from settling it, leaves it all open; or rather it
settles the question North, and leaves it open South.   The
country is in danger-that all concede. Will you, because you
do not agree in opinion with the Supreme Court, refuse to join
us in one more effort to save the country?
fMr. CLAY:-I have not unnecessarily occupied a moment
of the time of this Conference, and it is not now my intention
to occupy the whole ten minutes to which I am entitled.  But I
do wish to express some of the opinions which I entertain upon
the questions immediately under  our consideration.   " Red
Gauntlet" has been cited as an authority in this body, but I
think I might cite another of the same class which would be more
in point. It is the "Bleak Hiouse," by Charles Dickens, in which
the circumlocution office is so graphically described. It would be
decidedly more appropriate to our present action.
Why have we come together?  What brought us here?  We
have come to devise the means of saving a distracted and bleeding country. What the South asks you to do, is, to recognize the
property which her citizens possess; and when they take that
property to the Territories, to secure its protection there, or
rather to protect it south of the line of 36~ 30'. Will you do it?
Are you going to do it? If you intend to recognize our property
south of this line, write it down so plain that my constituents
can understand it-so that they will not be cheated. If you
intend to do nothing, let us know it at once. We will then
know what to expect, and how to advise our people.
The question of slavery is but an incident to the great
questions which are at the bottom of our divisions.   Such
differences have brought war after war upon Europe. It is,
320 
REMAERSS OF MR. CLAY.
after all, the old question of the balance of power between the
different sections and different interests. Who does not remem  ber that in 1832 and 1833 the Tariff brought  up the same
questions?  Why did South Carolina then threaten to nullify?
Because nullification then, was one of the effects which  the
disregard of the rights of a section caused.
The South have always insisted upon terms of equality with
the North.  To this equality no one can deny she is justly
entitled.  So long as new States came in parspass,  North and
South, she was satisfied. When this equilibrium was disturbed,
she began to insist upon guarantees. Now, when you propose
to put the point of equilibrium out of sight altogether, the South
insists upon these guarantees, as not only necessary, but indis pensable to her safety.  This is right and fair.  The North would
insist upon the same thing, under like circumstances.
Gentlemen from the North have complained here that we
have not stated exactly what would satisfy us. We have told
you what we wanted over and over again. We want the Cnrr TENDEN resolutions.  We told you that, when we first came here.
We have now been here for nearly four weeks, and the CRITTEN DEN amendment has never once been submitted to a vote. Since
our difficulties first assumed importance, there has never been a
measure of pacification suggested which has met with such a
measure of acceptance as the CRITTENDEN resolutions. State after
State has sent petitions to Congress asking for their adoption.
Almost the entire South, with Virginia, the Mother of States, in
the advance, tells you that these resolutions will be an acceptable
measure of pacification, and yet you will not give us a vote upon
them; you will scarcely consent to consider them. Even the
committee, whose report is so unsatisfactory to the North (and
a portion of the South also), does not appear to have given them
much attention.
Mr. President, in behalf of the South, I think I know what
to say. If our differences are to be settled at all, we must have
our property in our slaves in the Territories recognized; and
when that property is constitutionally recognized, it must be constitutionally protected. Such, I know, are the sentiments of the
people of Kentucky.
Mr. ALLEN:-I wish to ask the attention of the Conference
21
321 
PREOCmDINGs OF THE CONFERENCE.
for only one moment to the true aspect of the question now
before us.  We  are askled if we will suffer the Union to be
destroyed on account of the Territory of New Mexico. Let me
ask these gentlemen who it is that proposes to break up and
destroy the Union.  It is the South-it is not the North.  But
all that I pass by.
If it were merely a question of who should have the beneficial
possession of our present unoccupied territory, we would give
that up at once to-the South.  But it is not a question of possession at all. It is the question which shall control and give
direction to the policy of the country-the institutions of
Slavery or the institutions of Freedom! You ask for a provision
in the Constitution which will place that policy under the
control of the institutions of slavery. This we cannot grant you.
We of the North stand where our fathers did, who resisted
the Stamp Act; who threw overboard the tea in Boston harbor.
We have been taught to resist the smallest beginnings of evil;
that this is the true policy.  Ob,sto princepii was the motto of
our fathers. It is ours. The debates of this Conference, and
those of the Convention of 1787, will stand in a strange contrast
to each other.
Mr. BALDWIN:-I now offer the minority report of the
committee, with the accompanying resolutions as an amendment to   The PRESIDENT:- The gentleman from Connecticut is
not in order.
The vote was then taken by States, upon the amendment offered by Mr. CURTIs, to the substitute proposed by Mr. FRAN -
LIN, for the first article of the section reported by the General
Committee, with the following result:
AYES. -Maine, Vermont, Massachusetts, Connecticut, Iowa, and New
York-6.
NOES.-New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri,
and Ohio-12.
And the amendment was lost.
Mr. CORNING:-I dissent from the vote of New York.
Mr. WILMOT:-I wish to be recorded as voting Aye!
Mr. DODGE:-I dissent; I am against the amendment.
Mr. WOOD: —I wish my vote recorded in favor of the
amendment.
322 
PROCEEDINGS OF THE CONERENCE.
M1r. COOK:And so do I.
Mr. LOGAN:-I am the other way.
Mr. TUCK:  I dissent from the vote of New Hampshire.
Mr. GRANGER:-And I from that of New York.
Mr. WOLCOTT:-I dissent from the vote of Ohio. I notice
that my colleague, Mr. CHAsE, is not present at this moment.
Mr. BRONSON: —I also dissent from the vote of New York.
My  associate, GEN. WOOL, is confined to his room  by a severe
indisposition. For his benefit, and as I know he feels a deep
interest in these votes, and desires to have his name appear upon
the record, in his behalf I offer the following resolution:
Resolved, Whereas Joni E. WOOL, a delegate from New York, is unable
to attend the Convention, from sickness, therefore that he be permitted,
when he does attend, or by communication in writing to the Secretary, to
have his dissent recorded, as to any vote of his State.
This resolution was agreed to without a division.
The PRESIDENT: -The question now will be upon the
adoption of the substitute proposed by the gentleman from
Pennsylvania (Mr. FRANKLIN), to the first section of the article
reported by the committee.
Mr. FRANKLIN:  Before that question is taken, I desire
to accept certain verbal amendments which have been proposed
by various members, which will, I thinlk, improve the substitute
which I offer. These amendments are as follows:
1st. In the fifth line, as printed, after the words "nor shall any law be
passed," insert the words " by Congress or the Territorial Legislature."
2d. In the sixth line, after the words "the taking of such persons," insert "from any of the States of this Union."
3d. In the eighth line, before the words "according to the common law,"
insert the words "course of the."
4th. In the seventh line, after the words "prevent the taking of such persons," insert the words "from any State in the Union."
These amendments I adopt, and wish them to be treated as
incorporated into my substitute.
The PRESIDENT:-Such will be assumed as the pleasure
of the Conference, as no objection is made.
Mr. GUTHRIE:-I am content, on the part of the committee, that the substitute offered by the gentleman from Pennsylvania should be adopted in the place of the first section of the arti
323 
PROCEEDINGS OF TEE CONFERENCE.
cle reported by the committee. It amounts to the same thing,
and is expressed in shorter and better language.
Mr. FRELINGHUYSEN:-I move to amend Mr. FRNKLIN'S substitute as follows:* I think these words would be more
acceptable to the people of the Northern States.
Mr. PALMIER:-Does not the gentleman's amendment involve an Hibernicism? I think if we are to adopt the report of
the committee, the FRENELY amendment admits of no improvement. It had better stand as it is. If we undertake to change
it we shall all get to sea.
Mr. FRELINGHUYSEN:-I withdraw my proposition.
Mr. JAMES:-It was moved yesterday to insert the words,
"or facilitate" after the words "hinder or prevent," in that part
of Mr. FRAILIN's amendment which negatives the right to pass
laws. What was done with that?
Mr. FOWLER:-Nothing.  I moved it, and I insist upon
the motion.
Mr. GUTHRIE:-I submit to the Conference whether this
amendment is necessary or proper. Suppose some new question
arises relating to slavery which it may be greatly for the interest
of the Territory to protect. Suppose mines are discovered, and
the Territory should want slaves to work them. Shall we put
it into the Constitution that no law shall be passed to encourage their emigration?
Mr. BRONSON:-I see no need of it.
Mr. JAMES:-The point generally comes out.  low you
/say that you will have the right to go into the Territory with
your slaves, and no law shall be passed to prevent you, no matter how much such a law would promote the material interests
of the Territory. The converse of this you will not agree to.
You are not content to let slavery stand by itself, you must have
it nursed by the Territorial Legislatures. Does slavery always require such partiality? I say the power of the Legislature should
be exercised on both sides, or it should not be exercised at all.
I am trying to perfect the article. If it is to pass, and go to the
people as a measure of pacification, and if you expect them to
adopt it, you must not have it so one-sided and unfair. The peo
* This was a verbal amendment. I was not able to note it at the time,
nor have I since been able to procure it.
324 
PROCEEDINGS OF THE CONFERENCE.
pie will understand it-it will be our duty to explain it to them,
and to give them its history.
Mr. GUTHRIE: -But your amendment would prohibit the
passage of a law permitting the transit of a slaveholder through
the Territory with his property. Remember, also, that the prohibition only continues so long as the territorial condition exists.
Mr. SMITIHI:-Before this vote is taken, I wish to call attention to the character of the prohibition. " Nor shall any law
be passed to hinder or prevent the taking of such persons to said
Territory, nor to impair the rights arising from said relation,"
&e. Now, this is very broad. Suppose a law giving the right
of transit to the people of the free States, or any law for their
protection in the Territory, as inhabitants, is held by the Territorial Judge to "impair the rights arising from said relation."
He  holds it unconstitutional.  Where is the remedy?  What
views are entertained upon some of these points in some sections
of the South we know. If you do not adopt this amendment it
is quite in the power of the Legislature to exclude any person
from the Territory whose presence there may be thought injurious to slavery.  Did the committee intend this?
The question upon the adoption of Mr. FOWLER's amendment
resulted as follows:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, Indiana, Illinois, and Iowa-10.
NoEs.-New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, Tennessee, Kentucky, Missouri, and Ohio 10.
So the amendment was rejected.
Mr. GROESBECK:-I move to amend the substitute offered
by Mr. F     NLxIN, by inserting after the words "nor shall any
law be passed," the words "by Congress or the Territorial Legislature." I think this is necessary to make our intention plain.
Otherwise it might be said that the prohibition did not apply to
Congress.
Mr. FRANKLIN:-I think the suggestion a very proper
one. I will accept the amendment.
Mr. WILMOT:-I only wish to understand where we  are.
Hlave we disposed of the word "facilitate".
The PRESIDENT:-That amendment was not adopted.
325 
PROCEEDINGS OF THE CONFERENCE.
Mr. WILMOT:-Then  I move to insert before the word
" status," the word "legal."
Mr. RUFFIN:-That raises again every question we have
been discussing. The word, as used in the substitute, only refers to the status infact.
Mr. GUTHIRIE;: This brings up all our old troubles. Let
us reject it.
Mr. RANDOLPIH:  I wish to understand this subject, and
what will be the effect of adopting this amendment. I understand that the slave has what we call a status. The substitute
of Mr. FRANLIN is intended specifically to recognize and protect that status in the Territories as fully as it is protected and
recognized in the States. I think it has that effect. Adopt the
amendment, and the effect is precisely the opposite.  The amendment rescinds the status.
Mr. PALMER:  I wish to make an inquiry of the mover.
Does the amendment, after all, make any difference? Must not
any status, not against law, be, of necessity, a legal status?
Mr. WILMOT: No. I think there is a wide difference,
and the South thinks so. One is a status in fact, the other, one
in law.
Mr. LOGAN: I hope we shall not adopt the amendment.
We all want these questions settled. The amendment opens
them all wider than before. If we intend to give the South
the right she asks for, and, as I think, rightfully asks for, let us
give it to her in plain and unequivocal language. Let us not
give her a legacy of litigation, by using words which mean one
thing or the opposite, according to the construction you place
upon them. I wish to settle all these questions fairly. The
amendment leaves the question as to what constitutes a legal
status, to be decided by the Court. The North would claim
that there cannot be such a thing as a legal status, a legal condition of slavery. The South would claim the opposite.
Mr. WILMOT:   If the amendment of the gentleman from
North Carolina had been adopted, I would not have moved
this. The section then would have been unambiguous and clear.
Now it is all open to construction.
Mr. CHASE:-In my judgment it is unimportant whether
the amendment is adopted or not. The condition of the slave in
326 
PROCEEDINGS OF THE CONFERENCOE.
the Southern States is one arising out of law, established by legislative provisions. Status in fact must mean status in law as
well as status nffact.
I have listened with attention to the appeals made by gentlemen who urge the interests of the South in favor of a settlement of these questions. But you are now prosecuting a
plan which will be the subject of debate throughout the country. Adopt your article in either form, and the question, What
does status mean? will still remain.
A majority of the people have adopted the opinion that under
the Constitution slavery has not a legal existence in the Territories. The triumph of this opinion is not the result of any sudden impulse. A President has been elected, and a Government
will soon be organized, whose duty it will be to respect and observe the opinions of the people. You are now seeking, by the
adoption of a single section, to change these opinions and this
policy. Do not deceive yourselves, gentlemen. You will never
accomplish this result so easily.  You  are presenting such  a
subject for debate and excitement as the country never had before. It is best we deal frankly.
The vote was taken upon the adoption of the amiendment,
and resulted as follows:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, Indiana, Illinois, and Iowa-9.
NOES. Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentuce1, Missouri, and Ohio-ill.
And the amendment was rejected.
Mr. GOODRICIH:-I move to insert in the substitute offered
by Mr. FREEmLY after the words "south of that line," the words
" not embraced by the Cherokee treaty."
A  word  of explanation.   Do  we intend to prohibit the
Cherokee Nation from changing the status of persons within
their Territory, if they think proper to do so? Would not this
be a. violation of our understanding, if not of our treaty stipulations with these Indians?
Mr. EWING:-I have looked into this subject, and I do
not think the proposition would be improved by the amendment.
Mr. GOODRICH:  Then I will withdraw it for the present.
32~7  
PROCEEDINGS OF THE CONFERENCE.
Mr. GUTTHRIE:-I hope the vote on the main question will
now be taken. It is evident that the sense of the majority is
against accepting amendments.
Mr. GOODRICH:-That obliges me to renew my motion.
I do renew it, and ask for a vote by States.
The vote upon the amendment offered by Mr. GooDRIcH was
taken, with the following result:
AyEs.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, Pennsylvania, Ohio, Indiana, Illinois, and Iowa-11.
NOES.-Rhode Island, New Jersey, Delaware, Maryland, Virginia, North
Carolina, Tennessee, Kentucky, and Missouri-9.
So the amendment was adopted.
Mr. TURNER:-I move to amend the substitute offered by
Mr. F.ANKLIN, by inserting after the words "hinder or prevent,"
the words " or encourage."
I think there is a palpable difference between the word
"encourage" and the word "facilitate."  The former is broader
and less restricted.  If this measure is to be commended to the
favor of the North, it should be deprived of this one-sided
character.
Mr. GUTHRIE:-We have already decided this question.
In every practical sense the words are synonymous.
The vote was taken upon the amendment offered by Mr.
TUINER, and resulted as follows:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, Indiana, Illinois, and Iowa-10.
NOEs. —New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, Tennessee, Kentucky, Missouri, and Ohio-10.
And the amendment was lost.
Mr. GUTHRIE:-I ask the Conference now to let us have
a vote.
Mr. SEDDO:N:-Not  just yet.   I move to amend the substitute offered by the gentleman from Pennsylvania, by the
insertion after the clause providing for the division of the territory, of the following:
"All appointments to office in the Territories lying north of the line 36~
80', 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 representing, at the time, the non-slave
328 
REMARKS OF MR. SEDDON.
holding States. And, in like manner, all appointments to office in the
Territories which may lie south of said line of 36~ 30', shall be made upon
the recommendation of a majority of the Senators representing, at the time,
the slaveholding States. But nothing in this article shall be construed to
restrain the President of the United States from removing, for actual incom petency or misdemeanor in office, any person thus appointed, and appointing
a temporary agent, to be continued in office until the majority of Senators as
aforesaid may present a new recommendation; or from filling any vacancy
which may occur during the recess of the Senate; such appointment to con tinue 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 among
the several States, according to the combined ratio of representation and
taxation; but the distribution aforesaid may be suspended by Congress, in
case of actual war with a foreign nation, or imminent peril thereof."
Mr. SEDDON:  I invite the careful and deliberate attention
of the Conference to the provisions of this amendment. It is
commended by high authority. It is commended by nothing
inferior to the wisdom and experience of our honored President.
It is intended as a division of the territory between the North
and the South.
Now, to insure a fair operation of the provisions of the Constitution, as they will stand in that instrument when amended
as we propose, we deem it very essential that the rights of the
southern section should be secured by such an amendment as
this.   It will be  noticed  that Mr.  FrENKLiN's substitute precludes us from any appeal to Congress or the Territorial Legislatures for affirmative  protection.  The powers  of those bodies
will be negative only. We have nothing left, then, but the
Federal Courts. We ask now that we may not be subjected to
the government and power of Federal officers, whose opinions are
against us-who will exercise those powers for our oppression.
Congress or the President may send into a Territory in the
southern section, a set of officers who are anti-slavery propagandists, who will exercise all their official powers to our injury. I
hold this amendment to be eminently just and fair. We have no
protection from Congress; none from the Legislature. Is there
a chance, even, unless such a provision is adopted, that the South
will ever be placed in the favorable possession or enjoyment of
the rights you are willing to concede to us?
The latter portion of the amendment is equally just.  The
329 
REMARKS OF MR. TYLER.
Government holds the public lands in trust. It is better to
divide their proceeds at short intervals, and thus remove the
subject from all danger of corrupting influences. But I shall
leave this to be discussed by the mover.
Mr. PALMER:-I move to rescind the ten-minute rule
adopted by the Conference, so far as the President is concerned.
The motion of Mr. PALMER was agreed to without a division.
President TYLER:-I am very grateful for the compliment
which the Conference extends to me in the vote which has just
passed.  I will not abuse its kindness.
The amendment which is offered may, at first sight, appear to
be extraordinary; but I wish to say, in all seriousness, that all my
experience in public life leads me to favor its adoption. I wish
to have the Conference understand fully its import and meaning.
That policy is the best, which reduces within the narrowest limits the patronage to be exercised by the Executive authority. Every party out of power has discovered that in the
patronage of the President there is a voice of greater potency
than is heard elsewhere in the Government. This amendment
places a limitation upon the power of thie President. It confers upon a majority of the Senators from each section the power
to recommend appointments to office, and this will be found in
practice equivalent to the power of appointment. It is the only
practicable limitation of Executive patronage. The power of
the Executive in this  Government is very great.   Limit it,
abridge it as you may, and the President will have a power in
the Government which is not possessed by any sovereign of
any throne in Europe.
This is not a political question. Our warrant for the adoption
of this plan will be found in the tranquillity it will give to the
country-in the peace which will result from it.  We are now
settling differences between the States. Adopt this provision,
and we secure unanimity forever.  You will always find that
dissatisfaction is confined to limited portions of the country. The
North is content with the existing state of things-so is threefourths of the South. Remove this power from the Executive,
and those measures will be adopted which will promote the welfare of the greater number. Do you not see that you have in
this way good security for the selection of the best men?
330 
REMARKS OF MR. TYLER.
Suppose the Government should start to day on this new policy-that it should avoid all propagandism-should place honest,
competent men, only, in office-should let all others understand
that there was no chance for them-should permit both sides, all
sides to be fairly represented. You would ensure peace, secure
quiet in the country forever.  You would thus heal the wound,
not cicatrize it. How small would be the cost of so great a victory!
May I not go one step farther. I have heard with pleasure
the feelings expressed, the references made, to the Cotton States.
I have scarcely heard an unkind word said against them. We
have come here to cement the Unioln-to make that Union, of
which gentlemen have so eloquently spoken, permanent, noble,
and glorious in the future as it has been in the past-not to be
content with it as a maimed and crippled Republic.
Now, eight flourishing States are practically lost to us. The
crest of the noble Mexican Gulf has separated from us.  Let us
exert every power we possess to bring them all back to the fold.
Why should we not?  Every motive of interest or patriotism
should induce us to do so. Suppose the States were vacillating
and in doubt where to go. Suppose they were set up for sale in
market overt, and the States of Europe were to bid for themfor this, not only the richest portion of our own country, but of
the world-because this portion of our land has an element of
wealth and power which must be prized and valued wherever
commerce is known. What would not one of the Powers of
Europe give for this favored section? The treasures of the continent would be opened. Nations would unlock the caskets of
their crown jewels to secure it. England would double her national debt to have it; so would France; so would Russia. And
yet we stand here higgling over these little differences which
alone have  caused our separation.  Is it not better that we
should rise to the level of the occasion, and meet the requisition of the times, instead of expending precious hours in the
discussion of these miserable abstractions?
We talk about the events of the Revolution and their consequences.  Hiavewe forgottenourrevolutionary history?  Have
we forgotten the MARIONs, the SUMTERS, the PIcxE.s, of those
331 
REMARKS OF MR. TYLER.
times? Has the spirit of sacrifice which animated those men
wholly departed from their descendants? God forbid!
Our body politic is not free from disease. The disease should
be treated properly and judiciously. Whenever disease shows itself we should apply a suitable remedy- one that is suggested by
the pharmacy of mutual brotherhood, and yet powerful enough
to reach every nerve in our political system.
It is to accomplish this purpose that we have come together.
It is to secure this desirable result that I urge the adoption of
this amendment.  I press it because I feel that it will give peace
to all sections.  Adopt it, and from that moment you may date
the beginning of the return of the seceded States into the fold of
the Union. How heartily would we welcome their return! Do
we not all desire it?  Has not Virginia a heart large enough to
give them their old place in the Union? Has not Rhode Island
and New Jersey?
I say my proposition will accomplish this, and a single reason
will disclose the ground of my faith. It preserves the equilibrium, the balance of power, between the sections. It enables
each section to appoint its own officers, to protect its own interests, to regulate its own concerns. It is fair and equal in its
operations. With it, no section can have any excuse for dissatisfaction. I pledge the united support of the South to the Union,
if it is adopted.
The latter branch of the amendment looks to the annual dis
tribution of the net proceeds of the sales of the public lands
among the several States. This was one of the favorite ideas of
HENIRY CLAY. Hils argument upon this subject, to my mind, was
always conclusive. Will the party which has adopted his principles repudiate this, or will its members put their feet down firmly
and give it their support?
I have watched the operations of this Government with great
interest and care, and I have noticed that every approach toward
making each source of revenue or expenditure separate and independent of all others, tended to the profit and advantage of the
Government, and increased the chances of securing honorable and
honest agents to transact its business. A marked instance of
this will be found in the administration of the affairs of the
Post Office Department. And here I cannot refrain from re
332 
REMARKS OF MR. TYLER.
lating an anecdote which is strongly in point, and which forms
one of the pleasantest recollections of my own connection with
the administration of the General Government.
Upon a certain occasion I called my cabinet together.
Sad complaints had been made concerning the administration
of several of the Departments, and the press had not failed to
predict heavy losses to the Government through the dishonesty
and the defalcations of its agents. I determined that I would
know what the facts were, and I directed all the departments to
furnish me, by a certain day, with a correct and accurate list of
all their defaulting employes, and on the same day I summoned
my cabinet to consider these reports. The lists came in from
the several Departments, and I assure the Conference that they
were formidable enough to give ample occasion for anxiety. But
the list from the Department of the Post Office was not forthcoming. My friend, Governor WICMIFFE, was at that time at
the head of that Department. The day of the cabinet meeting
arrived. We were all assembled but the Postmaster General.
We waited for a long time for him and for his report. At length
he came, bringing his report with him, but with the marks of
great care and anxiety upon his brow.  He had discovered a defalcation in his Department. Hle had been occupied for a long
time in tracing it out, but he had at length succeeded. Hle came
to announce to the President that the postmaster of a certain
"Cross Roads" in Kentucky had absconded, and defrauded the
Government out of the sum of jifteen dollars! and worst of all,
his bail had run away with h m!!
This is only one of the many proofs which my own experience
would furnish of the propriety, if not the necessity of keeping
each Department of the Government by itself-of not connecting
it with others, and of making the agents of each Department responsible to itself alone. Carry this idea into practice in all the
Departments of the Government, and a better class of agents would
be secured, and the loss by defaulters would be much lessened.
The enormous increase of the expenditures of the General
Government might, by the same process, be prevented. Ilow
does it happen that in a time of peace these expenses have
risen from twenty-three millions of dollars up to seventy or eighty
millions?  In the same proportion, the sum to which they will
333
if! 
PROCEEDINGS OF THE CONFERENCE.
reach in another decade will be frightful! It is high time that a
stop was put to this lavish expenditure, and especially to the losses
by dishonest agents. The plan here proposed will give you a
starting point. The proceeds of the vast domain of the public
lands are now so mingled with the other expenditures of the
Government, that no one can tell what becomes of them. They
are now common plunder. Divide them among the States, and
they will be saved-they will be applied to some-worthy object,
and you will have adopted a principle which, after a little
time, under any honest administration, will be applied to the
other Departments of the Government.   I trust the whole
amendment may be adopted.  As the amendment may be divided
into two parts one relating to appointments to office, and the
other to the public domain-I would ask that the vote may
be taken upon each proposition separately.
The vote was then taken upon the first portion of the amendment proposed by Mr. SEDDONx, with the following result:
AYES.-Maryland, Virginia, North Carolina, Kentucky, and Missouri-5.
NOES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
Rhode Island, New York, New Jersey, Pennsylvania, Tennessee, Ohio, Indiana, Illinois, and Iowa-14.
And the amendment was rejected.
Mr. JOHNSON:-I cannot concur in the vote just given by
Maryland. I desire to have my dissent recorded.
Mr. CRISFIELD:-I dissent, also, from the vote of Maryland.
President TYLER:-The last part of the amendment will
be considered as withdrawn.
Mr. McCURDY:-I move to amend the substitute proposed
by Mr. FRiALIN, by adding thereto the following words:
" Provided, That nothing in this article contained shall be so construed as
to carry any law of involuntary servitude into such Territory."
Mr. GUTHRIE:-I hope we shall reject all such amendments. I consider this simply procrastination.
Mr. JOHNSON, of Missouri -I  wish to raise a point, a
question of order. This conflicts directly with the sense of the
substitute proposed. We ought not to entertain it.
The vote was taken upon the amendment proposed by Mr.
McCuRDY, with the following result:
334 
PROGCEEDINGS OF TiE CONFERENCE.
AYES.-Maine, New lHampshire, Vermont, Massachusetts, Connecticut,
New York, and Iowa-7.
NOEs-Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, and
Illinois-13.
And the amendment was rejected.
Mr. ORTH:-I dissent from the vote of Indiana.
Mr. RUFFIN:-I rise to inquire whether it will now  be in
order to offer a substitute?  I have one which I wish  at the
proper time to present.
The PRESIDENT:-The question is now upon the adoption
of a substitute-that offered by the gentleman from Pennsylvania-to the first section of the article reported by the committee. I do not think any other substitute is in order at the
present time.
Mr. CHASE:-I hope that this vote may be postponed, and
I will briefly state the reason why. I am informed that a delegation from the State of Kansas has arrived during the day,
and that their credentials are now in the hands of the appropriate committee. That committee has not yet reported, and
cannot until they have a meeting after our adjournment. The
credentials of three of these delegates have been presented by
myself but a few minutes since. The Committee on Credentials,
I am informed, will not report until Monday.   I wish the youngest State in the Union to express her opinion upon this motion.
I therefore move an adjournment.
-Mr. EWING: -I do not think any delay is necessary. We
can let them vote on Monday.
Mr. SUMIMERS:-I only wish to say a word of explanation
in behalf of the Committee on Credentials.  The delay in the
case of Kansas is not the fault of that committee. The delegates
themselves think it better that the report should not be made
until all the delegates arrive who are expected. The committee
can report at any time.
The vote was taken on the motion to adjourn, with the following result:
AYES. Maine, Massachusetts, Connecticut, New York, and Indiana-5.
NoEs.-New Hampshire, Vermont, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky,
and Missouri-12.
335 
PROCEEDINGS OF THE CONFERENCE.
So the motion to adjourn was negatived.
The PRESIDENT:-The question will now be taken upon
the substitute of the gentleman from Pennsylvania (Mr. FRAMKL7N), offered for the first section of the article reported by the
committee.
Which vote being taken, resulted as follows:
AYES.-Maine, New Hampshire, Vermont, Rhode Island, Connecticut,
New York, New Jersey, Pennsylvania, Delaware, Maryland, Kentucky, Ohio,
Indiana, and Illinois-14.
NOES.-Virginia, North Carolina, Tennessee, and Missouri4.
And the substitute was agreed to.
Mr. FIELD::-There seems to be a misapprehension as to
the proper time for offering substitutes for the whole report of
the committee. I shall act upon the understanding that the
proper time to offer them will be when we have gone through
with the report of the committee. If I am wrong I wish to be
corrected now.
Mr. LOGAN:-I am informed that Mr. LiNCOLN, the President-elect, has arrived in this city. I feel certain that the Conference would desire to treat him with the same measure of
respect which it has extended to the present incumbent of that
high office. I therefore move that the President of this Convention be requested to call upon the President-elect of the
United States, and inform him that its members would be pleased
to wait upon him in a body at such time as will suit his convenience, and that this Convention be advised ofthe result.
The motion of Mr. LOGAN was agreed to unanimously.
Mr. WILMOT:-I move an adjournment to half-past seven
o'clock this evening,
The motion was agreed to, and the Conference adjourned.
336 
REMARKS OF MR. SUMMERS.
EVENING SESSION-SIXTEENTH  DAY.
WASaZGTON, SATURDAY, Februay 23d, 1861.
THE Conference was called to order by the President, at halfpast seven o'clock.
The PRESIDENT:-I have addressed a note to the President-elect, announcing the desire of the Conference to offer their
respects to him in a body, at seven and one-half o'clock this
evening, or at such other time as would be agreeable to him. I
have received his reply, stating that he will be pleased to receive
the members of this body at nine o'clock this evening, or at any
other time which may suit their convenience.
The Conference then proceeded to the order of the day, being
the consideration of the second article of the section reported by
the committee.
Mr. GUTHRIE:-I move to strike out the second article,
and to insert the following in its place:
"Territory may be acquired for naval and commercial stations and transit
routes, and by discovery, and for no other purposes, without the concurrence
of four-fifths of the Senate."
It is generally conceded that under our present Constitution
the United States have no power to acquire territory for coaling
or naval stations, within the country of a foreign power.   It
was the committee's intention to remedy this defect by the present
section. But as it stands, I do not like it. The idea is somewhat awkwardly expressed. I wish to have the enabling power
conferred in direct terms.
Mr. SUMMERS:-I  would ask to interrupt the order of
business for a moment, in order to make a report from the Committee on Credentials, in the Kansas case. The defect adverted
to in the case of Mr. STONE, has been supplied to the satisfaction
of the committee, and Messrs. CoNwAY, EwiNG, and ADAms,
have also presented themselves as delegates from the State of
Kansas, with proper credentials. It has not been our practice
heretofore to admit members by a formal vote, nor do I see any
necessity for making the case of Kansas an exception. The
22
337 
PREMARKS OF MR. SUMMERS.
committee would suggest that the clerk enter the names of these
gentlemen upon the roll of delegates, unless objection is made.
The PRESIDENT:-The Secretary will make the entry, as
no objection is made.
Mr. SUMMERS:-Some  days ago I introduced into the
Conference, and caused to be printed, a substitute which I
proposed to offer for the second section of the committee's
article. I offer it now, as follows:
" No territory shall be acquired by the United States without the concurrence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States which prohibit
that relation; nor shall territory be acquired by treaty, unless the votes of a
majority of the Senators from each class of States hereinbefore mentioned, be
east as a part of the two-thirds majority necessary to the satisfaction of such
treaty."
I do not propose to occupy time in discussing it, but I ask a
minute or two to explain its provisions. The second section of
the article proposed by the committee, requires that a treaty
under which territory or commercial or naval stations is acquired,
should require four-fifths of the Senate for its ratification. This,
I think, is an unnecessary restriction upon the treaty-making
power. Occasion may arise when it would not be advisable to
wait for the exercise of this power at all. The question of
acquiring territory may arise under circumstances when delay
would be fatal. Suppose our title to an island in the Arctic
Ocean, or a point upon the shore, by discovery or otherwise,
which might be settled by prompt action! There might be no
national authority with which we could treat for its acquisition.
I think it would be hazardous to provide that in no event
should territory be acquired except by treaty. The case I have
supposed has no relation whatever to the. case of an ordinary
acquisition of territory by treaty with a recognized foreign
power.
But the question of slavery always arises when the subject
of acquiring territory is mentioned. This clause would fix the
s8tatus, would put it in the power of either class of States to
prevent the acquisition, but it would not permit a small number
of States to do it. To leave it where a mnajority of the Senators
of both sections could control the subject, would seem to me the
338 
RE.ARKSB OF  [R. BARRINGER.
mode of settlement least objectionable. The ratification would
require two-thirds of the Senate, like all treaties, and these twos
thirds would include a majority of both sections.
Objection will be made to this classification of the States. I
do not like it myself, but there it no way to avoid it. I have
adopted the language of the Ordinance of 1787. There can
be no very sound objection to the use of these terms. The
objection is rather sentimental than otherwise.
The amendment I offer ought to satisfy the South, and I
think it will. The South asks for these provisions because they
settle all questions about our present territory, and prevent
questions arising over that we may acquire hereafter. They will
give to both sides equality of power. But voting is far more important now than speaking.  I will consume no more time.
Mr. GUTHRIE:-The gentleman from Virg'nia desires to
try his motion. For the present, I will withdraw mine.
Mr. FIELD:-I have only a word to say on this subject.
There are very grave objections to this classification of sections.
I will not repeat them here. I supposed the sense of the Conference had been expressed against it.
But I wish to inquire why this second section is necessary at
all?. It came up in the committee rather by accident than otherwise.  I do not think any one of the committee intended to make
it one of the subjects of our action, and the section was finally
fpresented by a small majority.
Let us leave this subject where the Constitution leaves it.
We can now acquire territory by discovery or by treaty. So far
the Constitution has operated satisfactorily. The country owes
much of its greatness to this very provision of the Constitution.
No grievance to the South, assuredly, has been caused by it. I
am much averse to any alteration.
Mr. BARRINGER:-I think, after some reflection, that this
amendment is of much more importance than many of us have
supposed. I shall vote for it, because I do not wish to have too
many limitations placed upon the power of the Government in
relation to the acquisition of territory. We know how difficult
it is to change our fundamental law.  Very few amendments to
the Constitution have been made since the death of WASHINGTON.
We are now establishing our fundamental law for ages to come.
339 
REMARKS OF MR. BARRINGER.
Is there upon the face of the civilized earth a nation with such a
limitation upon the power of acquiring territory as this original
article proposes? Its adoption would place us at the feet of foreign nations.
In war, conquest is one means of indemnity-often the best
and only one. We must look to the acquisition of future terri-,;
tory; we must make our settlement with that in view.
Reference has been made here to the seceded States, and some
hard words have been used toward them. This is not the place
for such words.  What is the condition of these States now?
They say they are out of the Union. We say, No! The question between us may be decided by the Courts; it may be decided
by the sword. But we all want them back; we would place no
restrictions upon their return. They will only come back by
treaty. Unless you adopt this amendment, the section proposed
will be applicable to their case, and a mere fraction could keep
them out of the Union forever.
In regard to the subject of slavery, what we want is security
for the future.  That we can arrange.  In my opinion you will
never get back the seceded States, without you give them some
hope of the acquisition of future territory. They know that
when slavery is gathered into a cul-de-sac, and surrounded by a
wall of free States, it is destroyed. Slavery must have expansion.
It must expand by the acquisition of territory which now we do
not own. The seceded States will never yield this point-will
never come back to a Government which gives no chance for the
expansion of their principal institution. They will insist upon
equity, upon the same rights with you in the common territory, and
the same prospect, of acquiring foreign territory that you have.
If you are not prepared to grant all this, do not waste your time
in thought about the return of the seceded States.
Mr. RANDOLPH:-New Jersey voted to make the first section of the article reported applicable to future territory, not because she wishes to acquire new territory, but because she knows
that it will be acquired; and she believes all questions raised
here can be settled now, in regard to it, better than they can
be hereafter. These questions have raised a ferment in the
nation; we would settle them any way. We should have voted
for these restrictions upon the power of acquiring territory; and
340 
PROCEEDINGS OF THE CONFERENCE.
still we cannot shut our eyes to the fact that in a few years
new territory must be acquired. Look at Sonora, at all Mfexico;
they furnish the reason for our action. An effort will be made,
perhaps, to secure the new territory by treaty. Better get it in
that way than by conquest.
Personally, I would oppose any farther acquisitions. We need
no more territory, and yet I know that more will be acquired.
The North wishes it more than the South. In the end, the
North will insist that we should have Cuba. What is the senti ment of our commercial cities now?
I think we ought to surround this power of acquisition by
some judicious restrictions; not make them too strong, or the
country will break over, and not regard them. What restriction
would not have been broken down, when the question came up
in relation to Texas?  We must anticipate occasions of the same
kind. I am inclined to vote for the substitute of the gentleman
from Virginia.  At all events let us adopt some limitations.  If
not these, then such as are contained in the original article.
Mr. JOHNSON, of Maryland:-I propose to amend the substitute offered by the gentleman from Virginia, by inserting after
the words "United States," the words "except by discovery, and
for naval and commercial depots and transit routes."
There is now a law, the constitutionality of which has not
been doubted, providing for the acquisition of territory by discovery.  But the Court, in the Dred Scott case, decided that territory could not be acquired, except as preliminary to the formation of a State. This difficulty should be obviated. I think the
amendment I propose will do it. If we adopt the proposition of
Mr. SUMMERs, we cut off the power of acquiring territory for
transit routes, &c., except by treaty. I think my amendment
will make the section more satisfactory to the South.
Mr. SUMMERS:-I will accept the amendment, and treat it
as a part of my substitute.
Mr. BROCKENBROUGH:-I feel a deep solicitude in this
subject. We are here for the purpose of settling a great difficulty. Instead of settling it, we shall add to it by placing these unnecessary obstructions in the way of acquiring territory in future.
Would not the South be safer by the adoption of this guarantee?
It is the only one, aside from the first section, which gives the
341 
PROCEEDINGS OF THE CONFERENCE.
South a grain of power. We cannot go on with things as they
are-only seven States to contend with all the rest of the nation.
We must all desire that the seceded States should return to the
Union.  How are they to come back?  By treaty, or by the
sword? Who will not prefer to win them back by adopting
principles in our amendments which will make it for their interest to return?  If the amendment is adopted, no future territory will be acquired without the consent of a majority of
Senators on both sides of the line. Reject this, and I have not
the slightest hope of ever seeing the seceded States again in
the Union. I believe this amendment will meet the wishes of
a large majority of the people of Virginia.
The vote upon the adoption of the substitute proposed by
r. SuMmERs resulted as follows:
AYES.-Rhode Island, New Jersey, Delaware, Maryland, Virginia, North
Carolina, Tennessee, Kentucky, and Missouri-9.
NOES. —Maine, Vermont, Massachusetts, Connecticut, New York, Pennsylvania, Indiana, Illinois, Iowa, and Kansas-10.
And the amendment was lost.
Mr. GUTHRIE:-I will now renew my proposition, and ask
a vote upon it by States.
The vote upon the substitute offered by Mr. GUTHRiIE, for
the section of the article reported by the committee, resulted as
follows:
AYES.-New Hampshire, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, and Ohio-10.
NOES.-Maine, Vermont,  Massachusetts,  New  York,  Virginia, North
Carolina, Missouri, Illinois, Indiana, and Iowa-10.
And the amendment was lost.
M]r. PRIcE dissented from the vote of New Jersey, and Mr.
BARRInGER from the vote of North Carolina.
Mr. WICKLIFFE:-As the hour named for the call upon the
President-elect is approaching, I move that a committee of three
members be appointed by the President to make arrangements
for the introduction of the members of the Conference.
The motion of Mr. WixLIFFF was agreed to, and the President appointed Messrs. WIcKLIFFE, FIELD, and CHASE, as the
committee.
342
I I I   i I I -  11 -  ". 4 i,,,,, p,, I -, I I 
PROCEE]DINGS OF THE CONFERENCE,
Mr. MlcKEENAN:-I move a reconsideration of the vote
of the Conference rejecting the substitute offered by the gentleman from Virginia. I am not at all certain that we may not
think it advisable to adopt that amendment.
The order of the day was now suspended, and the committee
appointed to wait upon the President-elect, reported that they
had performed that duty, and that the President-elect would be
pleased to receive the members of the Conference in his parlors
in Willard's Hotel, at the present time.
For the purpose of waiting on the President, on motion of
Mr. EwnaG, the Conference adjourned until the 25th inst., at ten
o'clock A. M.
343 
PROCEEDINGS OF THE CONFERENCE.
SEVENTEENTHL DAY.
WAsHINGTONq, M1ONDAY, Fe[r/y 25th, 1861.
THE Convention was called to order at ten o'clock, pursuant
to adjournment, by President TYLER, and prayer was offered by
Rev. Dr. SMITH.
The Journal of Saturday was read.
Mr. HIACKLEMAN: -The Delegates from the State of
Indiana desire that the vote of that State upon the proposition
of amendment offered by the gentleman from Iowa (r. CuRTs),
on Friday last, may be  recorded.   The vote was taken on
Saturday, and Indiana desires to record her vote against said
proposition.
The Conference granted the leave asked, and the vote of
Indiana was accordingly entered upon the Journal.
The PRESIDENT:-There have been transmitted to me the
proceedings of a meeting of the Democrats of Pennsylvania, in
which are contained certain resolutions relating to the matters
now before us. I am informed that the meeting was one of the
largest ever held in that State. The usual course would be to
enter them upon the record, but in this instance I would suggest
the propriety of having them read. However, the Conference
will take such order upon them as it thinks proper.
Mr. POLLOCK: —The policy of the Conference from the
beginning has been not to receive or consider resolutions of a
partisan character. That decision was made on one of the early
days of our session, upon a series of resolutions adopted by a
convention held in New Haven, Connecticut, which were pre
344 
PROCEEDING8 OF THE C01oTFERCENE.
rented by Mr. CLAY. I think we had better pass over the subject
informally, and I would call for the order of the day.
Mr. MOREHEAD,  of Kentucky:-I think the resolutions
had better be referred to the Committee on Credentials.
Mr. CLAY  — I quite approved of the course taken by the
Conference of the resolutions which were sent to me for presentation. I hope we will pursue the same course now. I move
that these resolutions be entered upon the Journal as received,
and that they be laid on the table.
The motion of Mr. CLaY was agreed to, and the resolutions
were laid on the table.
Mr. SMITH, of New York:-I would inquire whether any
action has been taken under the order of the Conference for the
printing of the Journal from day to day. It is very important that we have these Journals, that we may know exactly
what has been done.  No gentleman can carry all our proceedings in his memory.
The Secretary made a statement to the effect that he had not found time
fully to complete the Journal, or to arrange for its being printed under the
rule requiring that secrecy should be preserved; that the Mayor of Washington had proposed to have the printing done under a supervision which would
secure its non-publication by the press, and that various reasons existed why
the order of the Conference had not been complied with.
Mr. SMITIH:-Then I hope the order will be complied with
to-day. It is very important that each member should have a
copy of our daily Journal. I certainly expected one this morning. I will not make a motion now, but if these copies are not
furnished, I shall move the appointment of a committee to secure
their future publication.
Mr. DENT:-There was a votepassed upon this subject. It
may have been in the absence of the Secretary.
The PRESIDENT:-The  Conference is informed that the
Journal shall be published as soon as possible.
Mr. BROCKENBROUGH:-I have two amendments which
I shall offer. At present I desire to have them laid on the table
and printed.*
* I suppose these amendments offered by Mr. BROCKENBROUGH were never printed;
certainly no printed copy of them was ever distributed to the members of the Confer.
ence, and they were never inserted in the Journal. In preserving my notes, I naturally
345
0 O                         fIr i?r: <a. o~~,   rA  
MR. HITCHCOCKS AMENDMENT.
The PRESIDENT:-The Conference will now proceed to
the consideration of the order of the day, which is the motion
to reconsider the vote rejecting the substitute offered by Mr.
SUMMERS, for the second section of the articles of amendment
reported by the committee.
Mr. McKENNAN:-At the request of one of my colleagues
I would ask a postponement of the vote upon my motion of reconsideration for the present. It will produce no injurious result,
and I think myself we had better hold this amendment subject
to the future action of the Conference.
Mr. SUMMERS:-I will not withhold my consent to the
postponement. But I hope the members of this Conference will
consider my amendment, and give it their attention when it
comes up again.
Mr. GUTHRIE:-If we pass Mr. SumMERs' amendment, we
should pass by the consideration of the whole section. I think
that is the better way. Let us now proceed to the consideration
of the third section in the article of amendment proposed by the
committee.
The PRESIDENT:-Such will be taken as the pleasure of
the Conference.
The third section was read.
The PRESIDENT:-The third section is open to propositions of amendment.
Mr. GUTHRIE:-I move to amend this section by striking
out the words " by land, sea, or river," occurring after the words
" or transportation."
Mr. GUTHRIR'S motion was adopted without a division.
Mr. GUTHRIE:-I now move to insert after the words
"during transportation," the words "by sea or river."
Which motion was also agreed to without a division.
M.I HITCHCOCK:-I now move to amend the third section by striking out all after the word "give," in the second line
thereof, and inserting as follows:
assumed that I could rely upon the printed copies distributed to the members, for the
various amendments offered. At the period of writing out these notes communication
with Mr. BROCEENBROUGH is impossible, and I am obliged to omit farther notice of his
amendments. I am not even able to state the subjects to which they referred.
346 
MR. HITCHCOOCKS AMENDMENLT.
"to Congress power to regulate, abolish, or control, within any State, the
relations established or recognized by the laws thereof, touching persons held
to service or labor therein."
SECTION 4. Congress shall have no power to discharge any person held
to service or labor in the District of Columbia, under the laws thereof, from
such service or labor, or to impair any rights pertaining to that relation, under the laws now in force within the said District, while such relations 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 them just compensation therefor;
nor the power to prohibit or interfere with members of Congress and officers
of the Federal Government whose duties require them to be in said District,
from bringing with them, for personal service only, 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.  Congress shall have no power to prohibit the removal or
transportation of persons held to service or labor in any State or Territory
of the United States to any State or Territory thereof where the same obligation or liability to labor or service is established or recognized by law; and
the right during such transportation, by sea or river, of touching at ports,
shores, or landings, and of landing in case of distress, shall exist; nor shall
the Congress have power to authorize any higher rate of taxation on persons
held to service or labor than on land.
Although it may not be strictly in order, yet, as a part of my
plan, I wish to bring forward a substitute which I shall offer to
the seventh section of the committee's article, which, if adopted,
should be numbered
SECTION 9. Congress shall provide by law, that in all cases where the
Marshal, or other officer whose duty it shall be to arrest any fugitive from
service or labor, shall be prevented from so doing by violence of a mob or
riotous assemblage; or where, after such arrest, such fugitive shall be rescued
by like violence, and the party to whom such service or labor is due shall
thereby be deprived of the same, the United States shall pay to such party
the full value of such service or labor.
I offer these in separate sections, in order not only that the vote
may be taken upon each one separately here, but also when the
same questions come before the people. The first section of my
amendment, as I understand from every quarter, sets all opposition at rest; all are willing to agree to it. This may be adopted
and the others rejected, which could not be done if the original
section was adopted. The other sections conform to the language
of our present Constitution, and for that reason I think they will
347 
PROCEEDINGS OF THE CONFERENCE.
meet with more favor. Each subject is thus made to stand on its
own merits.
The PRESIDENT:-The question will be taken upon each
section of the substitute proposed.
Mr. JAMES:-I propose the following as a substitute for the
first section of the amendment offered by Mr. Hlrrcacocx.  It is,
I believe, the same as that proposed in Congress by the Committee of Thirteen. I understand, also, that the Committee of the
House of Representatives are about to substitute it for what is
known as the ADAs Proposition. We all have the same purpose in view, to negative in express terms the right of Congress
to interfere with the institution of slavery within the States. I
present the amendment because I think it expresses the purpose
in better language.
'SFCTIo~ 1. No amendment shall be made to the Constitution which will
authorize or give to Congress the power to abolish or interfere, within any
State, with the domestic institutions thereof, including that of persons held
to labor or service by the laws of said State.
Mr. CIIASE:-This amendment would be limited in its application to the States. Congress would still have power in this
respect over Territories.
Mr. GUTHIRIE:-The report of the committee  has been
agreed upon after much discussion, and printed. We all understand it and I hope we shall adhere to it without any alteration.
If we begin to adopt these amendments no one can tell where
they will carry us.
Mr. JAMES:-My proposition is offered as an amendment to
that offered by Mr. HrrcacocK.
Mr. GUTHRIE:-XSo I understand; but his amendment is
proposed as a substitute for the third section of the article reported by the committee. I object to the whole of it.
Mr. RANDOLPH  -Do I understand that the question now
is upon substituting Mr. HITcHcocK's amendment for the committee's report.
Mr. JAMES:-No.  It is upon substituting my proposition
for the first section of Mr. ]rrcacocK's amendment.
The vote upon the amendment offered by Mr. JAMES resulted
as follows:
AYEs.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, and Indiana-7.
348 
PROCEEDINGS OF THE CONFERENCE.
NoEs.-Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Illinois,
and Kansas-13.
And the amendment was lost.
Mr. WOOD:-I must enter my dissent from the vote of Illi
nois.
Mr. FOWLER: I have an amendment which I offer to the
substitute proposed by Mr. HITCaHCOCK   Mr. RANDOLPH:-I object to it as out of order.  Let us
take the vote upon the various sections of Mr. Hrrcicocx's proposition. If they are rejected, then these amendments may all be
moved to the committee's report.
The PRESIDENT:-I have already decided that the substitute is open to amendment.
Mr. RANDOLPH:-Then I will appeal from the decision
of the Chair.
The PRESIDENT:-I will state the ground of my decision.
It is true, as claimed by the gentleman from New Jersey, that if
the propositions of Mr. HITCHCOCK  are rejected these amendments
may be moved to the sections reported by the committee. If,
on the contrary, they are adopted, or either of them, so far as
they are adopted they must stand as the order of the Conference,
and are no longer subject to amendment. I understand the Parliamentary rule in such a case to be well settled.
A somewhat confused debate here arose, when Mr. R    OLPr.
withdrew his appeal from the decision of the chair.
Mr. BALDWIN:-I move to amend the proposition of the
gentleman from Ohio, by striking out the words  "nor shall
Congress have the power to authorize any higher rate of taxation
on persons held to service or labor, than on land." I do not
think these words are appropriate in a provision of the Constitution.
Mr. HITCHCOCK: I supposed the Conference would understand my purpose. It was to substitute my three sections
for the third section of the committee's report. I did not suppose this series of amendments would be offered. For the
present, I will withdraw my amendments.
Mr. HARRIS:-The  gentleman forgets that if we  once
adopt them, they are no longer subject to amendment.
349 
PROCEEDINGS OF THE CONERENCE.
Mr. BRONSON:- I wish to make a suggestion. I don't
know but Parliamentarians would call it a point of order. Now
let us go on and decide whether we will, or will not, adopt the
third section as reported by the committee.
MIr. SEDDON:-I have several amendments which I am constrained to offer to this third section. My State would think me
remiss if I did not offer them. I move, first, to insert after the
words "State or Territory of the United States," the words "or
obstruct, hinder, prevent, or abolish."
By the section as reported by the committee, Congress is
prohibited from controlling or abolishing slavery in any State or
Territory. This amendment which I propose will prevent any
action in relation to it-in aid of it, or otherwise. The Territorial Legislature will always be the creature of Congress, and
under the committee's section it might act upon the subject
of slavery. I understand that the purpose of the committee
was to prevent Congress from abolishing slavery in the Territories, but not to prevent the Territorial Legislature from acting in
aid of it. My amendment will secure slavery from all interference. That is what we want.
Mr. GUTHRIE:   The first section of the report covers this.
The amendment, I think, is unnecessary.
Mr. SEDDON:-I think the first section, properly construed,
would prevent the Territorial Legislature from enacting a law
in aid of slavery, even if the whole people of the Territory desired it.
Mr. GUTHRIE:  I do not desire to go over these questions
again. If the Conference intends to come to any conclusion at
all, I hope it will vote down all these amendments.
Mr. SEDDON:-I call for a vote by States.
Mr. WOOD:-I move that the amendment be laid on the
table.
Mr. BALIDWIN:-Which motion is in order mine or that
of the gentleman from Virginia?
The PRESIDENT:-The gentleman  from  Ohio having
withdrawn his amendment, the proposal of the gentleman from
Connecticut is no longer before the Conference. The question is
upon the motion of the gentleman from Virginia to amend the
third section of the article reported by the committee.
350 
PROCEEDINGS OF THE CONFERENCE.
The vote upon the amendment proposed by Mr. SEDDON resulted as follows:
AYEs.-Maryland, Virginia, North Carolina, Tennessee, Kentucky, and
Missouri-6.
NOES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Ohio, Indiana,
Illinois, and Kentucky-14.
And the amendment was not adopted.
Mr. SEDDON:-I now move to amend the third section reported by the committee, by striking out the words "City of
Washington," and inserting in their place the words "District of
Columbia."
The motion of Mr. SEDDON was agreed to without a division.
Mr. WICKLIFFE:-I do not see why this privilege of bringing their slaves into the District should be limited to members
of Congress.
Mr. GUTHRIE:-It is not.  The expression is "representatives and others."
Mr. SEDDON:-I now propose to amend the same section
by inserting after the words "without the consent of Maryland"
the words "and Virginia."  I think slavery ought not to be
destroyed in the District of Columbia without the consent both of
Maryland and Virginia. If there is any reason for requiring the
consent of one State, the same reason exists as to the other. This
amendment will make the section much more acceptable to the
slaveholding States.
Mr. GUTHRIE:-The committee did not require the assent
of Virginia, because no part of the present District came from
Virginia. We thought it unnecessary.
Mr. DENT:-Maryland and Virginia originally joined in the
cession of the District to the United States. Afterwards that
portion which came from her was re-ceded to Virginia. But this
question is not one of territory alone. The policy and interest
of the two States are intimately connected. It would be far
more satisfactory to both these States, and to the South, if the
assent of Virginia was required before Congress could abolish
slavery in the District.  Still Maryland does not insist upon it.
Mr. EWING:-I can see no necessity for, or propriety in, the
amendment.  We might as well require the consent of North
351 
PROCEEDINGS OF THE CONFERENCE.
Carolina or any of the other slave States. Virginia owns none
of the District. She has no right to interfere.
The amendment proposed by Mr. SEDDON was rejected by the
following vote:
AYES.-Maryland, Virginia, North Carolina, Tennessee, and Missouri-5.
NOES.-Maine, New lHampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Kentucky, Ohio, Indiana, Illinois, and Kansas-14.
Mr. SEDDON:-My next proposition is to amend the third
section by inserting after the words "landing in case of distress,
shall exist," the 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."
We claim that our property in slaves shall be recognized by
the Union just like any other property-that no unjust or improper distinction shall be made. When we trust it to the perils
of the seas, we wish to have it protected by the Federal Government.
Mr. WICKLIFFE:-I would inquire of the gentleman from
Virginia whether it has not already been decided that this species
of property is as much entitled to Federal protection as any other.
I refer to the " Creole" case. The British Government made
compensation for this species of property in that case. This was
done upon the award of the commissioners pursuant to the decision
of the umpire.
M1r. SEDDON:-Yes! But on the express ground that
slavery was recognized in the islands. Express notice was given,
that when the emancipation policy was adopted, the same principles would not be recognized. We are now removing doubts.
We wish to have these matters no longer involved in uncertainty.
We insist upon having these provisions in the Constitution.
Mr. RUFFIN:-I wish to say a word on this subject, much
as I regret the consumption of time. I am willing to leave this
question where it is now; and my reason is this: If we put this
into the Constitution, the question may be raised, whether if
foreign nations should interfere with this kind of property on the
high seas, the Government would not be bound to consider it a
cause of war. We ought not to bind ourselves to go to war.
War should always depend upon considerations of policy. We
352 
REMARKS OF MR. BARRINGER.
should raise a thousand troublesome questions by putting these
words "shall be protected " into the Constitution.   The matter
is well enough as it is. Our rights in this respect are well enough
protected by the ordinary course of national diplomacy.  I would
not be willing to put into the Constitution language which would
embarrass us hereafter.
Mr. SEDDON:-I will frankly say that I think slave prop erty upon every ground is as well entitled to the national protection as any other species of property.
Mr. BARRINGER: This amendment brings up the very
gist of the matter. The question of the right of our property to
Federal protection is now an open one. In the case of the Creole
it was settled by negotiation, and not by the courts.  The question so often hinted at and suggested in this Conference is now
fairly brought up for decision.  Governor CI(ASE struck at the
very root of the matter the other day, when he said that slavery
was an abnormal condition. Hie laid down the opinion of the
North. Hie is a statesman and a lawyer. IHe says that slavery
cannot exist anywhere until it is established or authorized by law.
This is the Northern idea, and it is a technical one. I hate technicalities almost as bad as I do sectionalism. The North deals
in both. I regret to speak in these terms of the North, but I
must if I speak truth. Now, I will lay down what is the opinion of the South upon the subject. We say that the right to
hold and use slave property, always, everywhere, exists until it
is prohibited by law. We say that it is a natural right, which
grows out of the very necessities of society. We hold that the
condition of slavery is a normal condition-not local at all; that
it is found everywhere, except where it is forbidden by law.
We claim that the right to hold slaves is a natural right, recognized by the law of nations, and of the world. I am quite aware
that the North does not agree with our opinion.
Mr. VANDEVER: I would ask whether this normal condition is confined to the blacks, or does it extend to all races?
Mr. BARRINGER:-Most assuredly it is not confined to a
single race. It extends to all races. Slavery of all races exists
even in Europe.
Mr. FIELD: —Not now!
Mr. BARRINGER:-Perhaps not now, ancl why?  For the,
23
353 
PROCEEDINGS OF THE CONFERENCE.
reason that it has been abolished by law, as in the recent case of
Russia.  Slavery once existed in the Northern States.  By law it
was also abolished in those States. We say that when slave
property is on the high seas it ought to be protected-the rights
of the owner ought to be protected.
This question came up in the case of the "Amistead."  Mr.
ADAMs claimed that although these slaves were recognized by the
laws of Spain as property, yet, when once upon the high seas,
they were, by the law of nations, free, and these slaves have
never been paid for to this day.
This amendment is highly important to the South. The concession we ask is no greater than has been made before. In the
treaties of 1783 and 1815, slaves were to be protected as property.
Mr. WICKLIFFE:-I do not wish to nullify the action, or
change the course of our Government on this question. Slaves
upon the high seas have always been recognized as property.
Look at the treaty of 1815. That recognized slaves as property,
and those which were taken from the District were paid for.
ADAMs, of Massachusetts, took the same ground now taken by
the North. The Government took the opposite ground. The
question was ultimately referred to the Emperor of Russia, who
decided that property in slaves must be recognized by the law of
nations, and sustained our view.  Takle the "Creole" case also.
But I will not go over the ground.  The "Amistead" case stood
upon grounds which were entirely different.
But it is not necessary to put this amendment into the Constitution. The rights of the South in this respect are well enough
protected now.
Mr. GRANGER:-I regret that the distinguished gentleman from Virginia has again raised a question which was decided
against him by a large majority in the Conference a few days
ago.
Mr. SEDDON:-The gentleman is quite correct.  The principle must be the same whether applied to the Territories or to
the high seas.
Mr. GRANGER -It is claimed by the South that slaves
are property everywhere. Why, then, name slave property more
than any other species in the Constitution?
Mr. BARRINGER:-We say that slaves are both persons
and property.
354  
REMARKS OF MR.  CRISFIELD.
Mr. GRANGER: -It has always been the course of the
Government to pay for slaves taken on the high seas.  The
gentleman has referred to the " Amistead" case as having been
decided against the southern claim.  I present the "Amistead"
case as a perfect answer to the miserable calumnies which have
been disseminated against that Court. The Judges in that case
were unanimous with a single exception, and he was a Judge
from a free State.  We  of the North upon these national questions are prepared to go with you to the extreme verge of right
and loyalty.
Mr. MOREIHIEAD, of North Carolina:-I have no desire to
complicate these questions of international law. The treaties of
1783 and 1815 were participated in by JAY and the elder ADAMs.
They expressly provided for the payment for slaves like other
property. This is plain English, and settles the question so far
as the North is concerned.  I am for letting it alone where it is.
Mr. CRISFIELD:-I am not able to support this proposition of the gentleman from Virginia.  I consider the right of
property in slaves, in the slave States, and in the territory
south of 36~ 30', as fully recognized and established in the
report of the majority of the committee.   In this very clause
this property is expressly admitted, and Congress is prohibited
from interfering with it. This is enough-it is all that should
be done. We have come here to settle our domestic troubles.
The report of the committee recognizes and affirms these rights
of the South which have heretofore been denied or doubted.
I think their report gives us all the assurance we need. We
were not sent here to engraft new principles into our foreign
policy, and I will not consent to enter upon that business. We
have got this right of property specifically recognized, and no
administration hereafter will refuse to carry out the plain provisions of the Constitution.
Mr. SEDDON:-Where in the article do you find this right
recognized?  It simply prohibits Congress from interfering with
slavery within certain limits. Nothing beyond that.
Mr. CRISFIELD:-I find the recognition pervading the
whole report. The right of transportation, for instance, is secured. Does not that involve, of necessity, a recognition of the
right of property?  I am sure the South is safe in'leaving this
question where the report leaves it.
355 
PROCEEDINGS OF THE CONFERENCE.
Mr. HOUSTON:-We feel disposed to adhere firmly to the
report of the committee. We know the arduous labor they
have bestowed upon the subject, and feel that we ought to be
satisfied with the result.  We  do not wish to have our friends
put us in a false position. We shall vote against the amendment
of the gentleman from Virginia, not because we do not think it
is right on principle, but because we think it is unnecessary.
The right of property in slaves is protected now wherever that
property goes.
Mr. BARRINGER:-I admit that the policy of the Government hitherto has been as the gentlemen claim. If the South
could have been satisfied with that, we should never have been
sent here-this Convention would never have been called.  But
we have come together for the reason that we fear the established policy of the Government will be changed by the party
now coming into power. We ask for assurances that the old
policy should be continued; and we wish to have the obligation
to continue it, written down in the bond.
The Chair restated the question, and Mlr. SEDDON called for
a vote By States.
The vote upon Mr. SEDDON's amendment resulted as follows:
AYrES.-Virginia, Tennessee, North Carolina, and Missouri-4.
NoEs.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Kentucky, Ohio, Indiana, Illinois, Iowa, and Kansas-17.
And the amendment was lost.
M[essrs. BTLER and CLAY, of Kentucky; Messrs. DOMPHAN
and JOENso, of Missouri; Messrs. HOWARD and DENT, of Maryland, dissented from the votes of their respective States.
Mr. SEDDON:-I now move the following amendment of
the same third section. After the words " in case of distress,
shall exist," insert 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 relation, to another, shall be secure."
I only wish to say in reference to this amendment that it
secures a right specifically referred to in the resolutions of Virginia under which this Conference is called. On that account I
356 
PROCEEDINGS OF THE CONFERENCE.
feel bound to offer it, but I will not occupy time in its discussion.
Mr. GUTHRIE:-In the early years of our Government this
right was extended by courtesy to the slaveholding States.
Since these differences have sprung up, in some States it has
been denied-in others, the courtesy still exists.  We considered
this question thoroughly in committee. We did not wish to
put any thing into our report that would operate to excite the
prejudices of any section against it, and so lessen the chances of
its being adopted. We thought it best not to insert such a
provision. I am opposed to the amendment.
Mr. SEDDON:-I call a vote by States.
The amendment proposed by Mr. SEDDON  was rejected by the
following vote:
AYES.-Virginia, North Carolina, Kentucky, and Missouri-4.
NoEs.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Tennessee, Ohio, Indiana, Illinois, Iowa, and Kansas-17.
Mr. SEDDON:-One more amendment.   I move to amend
the third section as follows:  after the words "by the laws
thereof touching," insert the words "the relations existing between master and slave or."
I shall not detain the Conference for five minutes in the discussion of this amendment. I wish, however, to have the words
"master and slave" somewhere inserted in this article, in plain
English language, so that the dangerous delusion so prevalent
at the North, that the Constitution does not recognize slavery,
may be thoroughly and forever removed; so that the Constitution shall, beyond any question, recognize the relation of master and slave; a duplex relation-a relation of person and
property. I wish to meet that question fairly and squarely.  Let
it be thoroughly understood as a relation of person and property.
This is what we ask, and this is what we insist upon. Put this
into the Constitution, and you take the shortest and the most effective means of settling the question, and of promoting peace
and tranquillity. You strike the axe to the very root of bitterness, whence has sprung all our trouble, all our difficulties. I
ask a vote by States.
Mr. GUTHRIE: W-hat I have already said applies with
equal force to this amendment. I will not repeat my objections.
357 
PROCEEDINGS OF THE CONFERENCE.
The amendment offered by Mr. SEDDON was rejected by the
following vote:
AYES.-Virginia, North Carolina, and Missouri-3.
NoEs.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Tennessee, Kentucky, Ohio, Indiana, Illinois, Iowa, and Kansas-18.
Mr. CRISFIELD-Maryland  votes "No,"  not because she
specially objects to the amendment, but she stands by the report
of the committee.
Mr. DENT:  I dissent from the vote of Maryland.
Mr. CLAY:-And I from the vote of Kentucky.
Mr. ALEXANDER:-*
Mr. HALL, of Vermont:-I move to amend the third section
by striking out the word  "nor," immediately  succeeding the
words "persons so bound to labor," and inserting the following:
"But the bringing into said District of persons held to service, for the
purpose of being sold, or placed in depot to be afterwards transferred to any
other place to be sold as merchandise, is forever prohibited, and Congress
may pass all necessary laws to make this prohibition effectual; nor shall
Congress have."
It is well known that much of the agitation upon the question of slavery has formerly arisen from the existence of the slavetrade in the District of Columbia. Since the prohibition of 1850,
the public mind has been much more quiet, so far as this subject
is concerned. I suppose the committee did not intend to change
the law of 1850, but I fear their action will not be so understood
at the North.   I propose to make the matter clear.  [Mr. HALL
here read the section of the Act of 1850 referring to this subject.] My amendment puts the language of this act into the
Constitution. My only purpose is, to have this question left in
exactly its present position. Without the amendment, I fear it
will be claimed that the article restores the slave-trade in this
District. Nothing would more effectually destroy the article at
the North.
Mr. WHITE:-The language of the report is clear.  It gives
no right to sell slaves in the District.
* The published Journal states that Mr. ALEXANDER dissented from  the
vote of New Jersey. My notes do not show that he dissented, and I think
the Journal may be erroneous in this particular.
358 
PROCEEDINGS OF THE CONFERENCE.
Mr. HALL:-I wish to be understood.  The article prohibits
Congress from interfering with slavery. Ergo, it will be claimed
they cannot prohibit the exercise of any of its functions. The
construction, to say the very least, will be doubtful.  It should
not be left in doubt.
Mr. NOYES:-The slave-trade in the District of Columbia
has always been a subject of great dissatisfaction. I don't know
that it is considered of much importance in the South, but at the
North it always has been. Ten years ago it was abolished by
act of Congress. I fear that unless the amendment of the gentleman from Vermont is adopted, the effect of the committee's
report will be to restore the slave-trade in the District. The
section reported by the committee permits any person to bring
his slaves into the District; to retain them there as long as he
chooses, and to take them away.  It recognizes the right of absolute dominion. It secures it effectually. It imposes upon the
soil of the District the right of holding, retaining, and taking
away the slaves by the owner himself, his agent or assignee.
The slave-trade, in my judgment, is thus restored.
Mr. GUTHRIE:-I am satisfied that the article reported by
the committee is not susceptible of misconstruction, and I hope
we shall not mar the report by adopting the amendment. Our
intention was only to permit public officers to bring their servants here.
Mr. AMES: Two words will cure all this difficulty. The
insertion of the words "for personal service only."
Mr. GUTHRIE:-We  have no intention of reviving the
slave-trade in the District. I have no more to say.
Mr. DODGE:-I hope this section will not be left in doubt.
When I first read it I said to myself, " This thing will never do;
it will bring the slave-trade back to the District."
Mr. AMES:-Will the gentleman from Vermont accept my
amendment?
Mr. IIALL:-No. I cannot accept it. I offer the amendment in good faith, for I believe it necessary.
Mr. MOREHEAD,  of North Carolina:  Cannot we avoid
the verbiage of the amendment?
Mr. EWING:-I shall vote against the amendment of the
gentleman from Vermont, so that I can vote for that proposed by
Mr. AMES.
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PROCEEDINGS OF THE CONFERENCE.
The vote upon Mr. HALL's amendment being taken by States,
resulted as follows:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, Ohio, Indiana, Illinois, Iowa, and Kansas-11.
NOES. —Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, Nrth Carolina, Tennessee, Kentucky, and Missouri-10.
And the amendment was adopted.
Messrs. HoPPr  and BROWNE, of Rhode Island, dissented from
the vote of that State.
-Mr. MIcCURDY:-I move to amend the original article of
the committee's report by the addition of this proviso.   My
object is to prevent the sale of slaves in the waters of New York
or any other port:
"Provided, That nothing in this section shall be so construed as to prevent any States in which involuntary servitude is prohibited, from restraining by law the transfer of such persons, or of any right or interest in their
services, from one individual to another, within the limits of such State."
Mr. GUTH:RIE:-I insist there is not the slightest necessity
for this amendment. I hope gentlemen will stop interposing
these useless propositions; they confound the sense of the article,
and we are guarding against questions which by no possibility
can arise.
The vote was then taken on the amendment of Mr. McCuRDY,
and resulted as follows:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, Ohio, Indiana, Illinois, Iowa, and Kansas-11.
NOES.-Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, and Missouri-o10.
And the amendment was agreed to.
Messrs. LOGAN and PALMER, of Illinois, dissented from the
vote of that State.
Mr. HOWARD:-I would ask the gentleman from Connecticut if he ever knew or heard of a case where a slave was
sold in a free State?
Mr. McCURDY:-I do not intend to argue that question;
but as I am appealed to, although the proviso is adopted, I will
state the grounds on which it rests.
Mr. CLAY:-I wish to know whether the object of the
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amendment is to prevent the making of contracts connected with
the purchase or sale of slaves in the free States?
Mr. McCURDI)Y:-My object is apparent from the amendment. It explains itself. I wish to prohibit any transactions
concerning the purchase or sale of slaves, either within the free
States or the navigable waters connected therewith, or under
free State jurisdiction.   If there were no such prohibition, a
cargo of slaves might be brought from the coast of Africa into
the port of New York, and transferred there to parties residing in
the slave States. The free States have a right to direct what
shall, and what shall not be a subject of commerce within their
limits. I presume it is not intended that the Constitution shall
prohibit the exercise of this right. I desire not to leave this
open to construction, but to make the section declare that no
such intention exists.
Mr. GUTHRIE:-I am  now satisfied that we shall get
nothing here that is satisfactory to the people of the south side
of the river. We are continually waylaid by suspicions, which
are unjust, unfounded, and ought not to exist. If this class of
amendments is to be adopted, I cannot go on, with respect to
myself or the Convention.  I feel now, since this amendment is
adopted, that my mission here is ended.
Mr. REID:-I move to insert at the end of the third article
reported by the committee these words: "Persons of the African
race shall not be deemed citizens, or permitted to exercise the
right of suffrage, in the election of federal officers."
Mr. GUTHRIE:-This is worse than ever, and it comes
from the South too.
lMr. REID:-I will withdraw it then.
Mr. WICKLIFFE:-I ask the unanimous consent of the
Conference to move the adoption of the previous question. We
may as well come to the point now as ever. There is no use of
discussing this question any longer. I move the previous question upon the report.
Objections and cries of "No, no," were made by several
members.
Mr. WICKLIFFE:-I will withdraw the motion.
Mr. TURNER:-I think it would be very unreasonable for
any gentleman to expect that we were to get through with the
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PROCEEDINGS OF THE CONFERENCE.
questions presented by this report without the exercise of mutual
forbearance. The adoption of an amendment implies no disrespect to the committee. No member of the committee should
take it in that sense. I will move a reconsideration of the vote
by which the last amendment was adopted. I do not think we
had better take the vote now, but pass the subject for the
present.
The PRESIDENT:-It can be passed by common consent.
The vote was reconsidered without a division, and the immediate consideration of the question passed.
Mr. HITCHCOCK:-I now renew the offer of my substitute
for the third section of the article reported by the committee.
Mr. FIELD:-I thought when the motion to reconsider the
vote upon Mr. McCuRDY's amendment was agreed to, it was understood that the consideration of the whole section was to be
passed for the present. My vote upon that amendment was
given deliberately, and I have no idea that this Convention is to
break up because a vote is passed in it which is distasteful to any
man, State, or delegation.
Mr. HITCHCOCK:-I think I must insist upon the consideration of my substitute.
Mr. BROWNE:-I move to lay the substitute proposed by
the gentleman from Ohio on the table. If that motion is carried,
I do not understand that the effect of it is to lay the report of
the committee on the table.
Mr. SMITH:-I rise to a question of order.  I think the
question now should be on Mr. McCURDY's amendment. I ask
for information. I do not quite see how that amendment can be
informally passed over without at the same time passing the consideration of the whole article.
The PRESIDENT -It was passed by universal consent.
Mr. CHASE:-As I understand it, the gentleman from
Illinois made the motion that the vote be reconsidered, and the
consideration of the amendment passed for the present, and this
was agreed to by the Conference unanimously.
The motion of Mr. BRowNE to lay the motion of Mr. HrrCHcocx on the table, was agreed to without a division.
362 
PROCEEDIGS OF THE CONFERENCE.
Mr. BALDWIN:-I move to strike out these words in the
third section: " Nor shall Congress have power to authorize any
higher rate of taxation on persons bound to labor than on land."
I have already stated that I think this language singularly inappropriate to a provision of the Constitution.  The Constitution
already prohibits such distinctions in the laying of taxes, and,
therefore, there is no necessity for the adoption of this clause.
But I have another and more important objection to it; it contains and proposes to place in the Constitution the distinct recognition of the right of property in slaves. This recognition was
carefully avoided in the Convention which framed the Constitution, and the North always has been, and always will be, opposed
to any such recognition. Place it there, and your article will
never be adopted in any of the free States.
Mr. WICKLIFFE:-The first statutes passed by Congress
on this subject recognized the right to tax slaves. This implied
the right to hold slaves. This recognition of the right of taxation
was made in express terms. The gentleman has forgotten the
history of the legislation on this subject. The object of the committee is to prevent any possibility that those who come after us
should make any distinction between these classes of property in
levying taxes.  We do not seek a recognition of the right of
property in slaves in this; that right is already recognized to our
satisfaction in the Constitution.
Mr. TUCK:-I understand the gentleman from Kentucky,
and I think he is right. If we adopt the article at all we ought
to retain this language.
The vote was taken by States on the amendment proposed by
Mr. BALDWIN, with the following result:
AYES.-Maine, Massachusetts, and Connecticut-3.
NOEs.-New Hampshire, Vermont, New York, Ohio, Indiana, Illinois,
Iowa, Kansas, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, and Missouri-18.
Mr. PRATT dissented from the vote of Connecticut.
Messrs. NOYES and SMITHa also dissented from the vote of New
York.
Mr. FOWLER:-I move to strike out the words "without
the consent of Maryland," immediately following the words "service in the District of Columbia."
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PROCEEDINGS OF THE CONFERENCE.
I can see no necessity for requiring the consent of Maryland
to the abolition of slavery in the District.  There is no more
reason for it than for requiring the consent of Maine, or any
other State. By the cession of the District to the United States
Maryland has parted with all power over it, and the exclusive
power of legislation is given to Congress. The District has become the common property of the Union as much as any of the
Territories, and ought to be controlled in the same way.
Mr. CRISFIELD:-I hope this amendment will not prevail.
The District is almost surrounded by the Territory of Maryland.
The abolition of slavery in it would be very destructive to our
interests and property. To convert the District into free territory would offer a direct invitation to our slaves to abscond and
go into the District. Even if the rendition clause of the Constitution was faithfully observed and carried out, it would involve
us in much expense and difficulty. If we are required to maintain faith with the Government, the Government must keep faith
with us.
Mr. FOWLER:-I did not suppose my motion would meet
with such serious objections. If they exist I will withdraw it.
Mr. BATES:-I have an amendment to propose, which I
think will improve the language of the section, and make it more
consonant with that used in the Constitution. I move to amend
the third section by striking out the word "bound" wherever
it occurs therein, and inserting in its place the word "held;"
also to insert after the words "to labor" wherever they occur,
the words "or service."
The amendmients proposed by Mr. BATES were adopted without a division.
Mr. CARRUTHIIERS:-I propose to amend the section as it
stands after the adoption of the amendments of Mr. BATES, by
inserting between the words "or" and "service" where they
occur in that connection, the word "involuntary."
Mr. EWING:-I had rather leave out the word "involuntary;" it would look better. As the section now stands, both
voluntary and involuntary service are included.
Mr. CARRUTHIERS:-By the insertion of the words "service" in Mr. BATES' amendment, one portion of my purpose is
accomplished. I will withdraw my motion.
364 
MR. GROESBECKIS AMENDMENT.
Mr. GROESBECK:-I would ask if it is now  in order to
move a substitute for the whole section. I have one which meets
my wishes, and which, I think. will meet the views of, and be
acceptable to, the Conference.
Mr. CRISFIELD:-I do not think it is in order to offer a
substitute at the present time.
MIr. GROESBECK:-Then I will call it a motion to strike
out and insert, which, certainly, is in order. I, therefore, move
to strike out the whole of the third section and insert the following:
SEcTION 3. Congress shall have no power to abolish or control within any
State the relations established or recognized by the laws thereof respecting
persons held to service or labor therein.
SECTION 4. Congress shall have no power to legislate respecting the relation of service or labor in places under its exclusive jurisdiction, but within
States where that relation is established or recognized, and while it continues,
without the consent of such States; nor abolish or impair such relation in
the District of Columbia, without the consent of such States; nor abolish
or impair such relation in the District of Columbia, without the consent of
Maryland, 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 so held; and the right during
removal of touching at ports, shores, and landings, and of landing in case of
distress, shall exist, but not the right of transit in or through any State or
Territory without its consent.  No higher rate of taxation shall be imposed
on persons so held than on land.
Three objects are sought to be obtained by the third section
as proposed by the committee: one is, the declaration that Congress has no power over slavery in the States; the second, that
Congress shall not legislate respecting slavery in territory under
its jurisdiction, but within the limits of States, without the consent of such States, nor abolish slavery in the District without
the consent of Maryland; the third concerns the subject of the
removal of slaves from place to place. It is desirable that these
three subjects should be so presented that one or more of them
may be adopted, and the others rejected; a purpose that cannot
be accomplished if they are all embraced in the same section.
My substitute is plain and simple, and I think covers the whole
ground.
Mr. ROMAN:-         as not the gentleman entirely left out the
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PROCEEDINGS OF THE CONFERENCE.
provision relative to bringing slaves into the District of Columbia?
Mr. GROESBECK:-I have, because I believe it entirely
unnecessary.  Cannot the South take a proposition that is fair?
A slave within the District cannot be taken from the owner
under any authority of Congress, unless the owner receives full
compensation. Compensation would in all cases be an equivalent for the slave in the District, or elsewhere. Under the Constitution, slavery cannot be abolished without compensation, except by the consent of all parties interested in the subject. It
is not pretended that Congress has a right to abolish slavery anywhere without making compensation to the owner.
Mr. SEDDON:-The owner should always have compensation, it is true; but his right in this respect is based upon the
right of property in slaves. It is not true that compensation is
in all cases an equivalent for the slave. An owner should be
free to determine for himself the question whether he will part
with his property upon receiving suitable compensation. Under
the gentleman's proposition this right would be exercised by
Congress and not by the owner.  But there is a farther, and still
greater objection to the proposition: The North denies the right
of property il slaves, and would deny compensation also, unless
compelled to make it under the Constitution. The North holding slavery to be unjust and unrighteous, would desire to abolish
the institution without paying for it.
Mr. GROESBECK:-I am willing to amend Section 4 of
the substitute I offer, by denying to Congress the power to abolish the relation without making compensation, and the section
may be thus considered.
Mr. DODGE:-I wish to support the proposition of Mr.
GROESBECK; and let nme say one thing farther: our words should
be plain and simple; we should use language which common
men can understand, and which does not require to be construed
by lawyers. Above all, let us have some confidence in each
other.
Mr. BARRINGER:-There is another entire and important
omission in Mr. GROESBECX'S proposition: there is no provision
whatever for the Territories.
Mr. DENT:-I think the Conference had much better adhere
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PROCEEDINGS OF THE CONFERIENCE.
to the section reported by the committee as it has been already
amended. We have all read and studied that section. We
understand it. A State that will not adopt the whole of the
section will not adopt any part of it, and so there is no use in
severing the subjects provided for. I am opposed to the adoption of the substitute. We understand the original article better
than we can any other.
Mr. WILMOT:-I think the original proposition the best;
the word " regulate" has been struck out of it, leaving only the
words "impair or abolish."
Mr. McCURDY:-I ask leave to revive my motion.  I regret
having withdrawn it. I think I have the right to renew it now.
The PRESIDENT  (Mr. ALExANDER in the chair):-The
motion of the gentleman from Connecticut is out of order.
Mr. CRISFIEILD:-I understand we  are now considering
the amendment offered by the gentleman from Ohio (Mr. GROESBECK).  If so, I move to insert in his proposition after the word
"abolish" the words "or impair."
Mr. GROESBECK:-I think the amendment improves it.
I will accept it.
Mr. CHASE:-There is, certainly, a misunderstanding as to
the effect of the vote laying the amendment offered by Mr.
IIITCHCOCK upon the table: it was offered as a substitute to the
third section; if it did not carry the whole section to the table,
then motions to amend that section are in order. In that view,
I think Mr. MCCURDY's motion is in order either way: to amend
the article proposed by the committee, or to amend the amendment of Mr. GROESBECK.
Mr. RANDOLPH:-I think Mr. MCCURDY's motion is entirely out of order; it has once been passed by informally.
Mr. CLEVELAND:-Is it not in order at any time to
make a motion which will render the proposed substitute more
perfect?
Mr. McCURDY:-I do not wish my proposition ruled out
upon any technical construction of rules. I will now move it
as an addition to the third section.
Mr. FOWLER:-I move  to reconsider the vote adopting
the motion proposed by the gentleman from Vermont (Mr. HALL).
Mr. FIELD:-I oppose the motion. The amendment is
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PROCEEDINGS OF THE CONFERENCE.
both proper and necessary. It can certainly do no harm to the
South; and if the South wishes to be fair, it will not object to it.
S]Ir. CHITTENDEN:-I oppose the reconsideration of the
vote adopting Mfr. VILL's amendment, and I will state very
shortly the reason why. If the doctrine is to be established
here, that the report of the committee is too sacred to be touched
-too perfect to be made subject to amendment-let us know it.
It will relieve myself, and I think many others, from farther
attendance here; and I wish to say now, that if we are to sit
here, such considerations must not be presented in future.
Mr. FOWLER:-I will withdraw my motion.
Mr. FRELINGHUYSEN:-I certainly wish some one would
renew the motion to reconsider the vote upon Mr. HALL's amendment. I do not like to do it myself, but I think if that amendment were reconsidered, we would fix upon some terms that
would be satisfactory to all sides.
Air. AMES:-I do not see the necessity for adopting Mr.
McCulRDY's proposition. I think it amounts to nothing. It is
simply a prohibition in the Constitution against the exercise of
a right which no one wishes to exercise. I oppose it because it
is unnecessary.
Mr. McCURDY:-I certainly do not wish to insist upon
an unnecessary amendment.  If the third section, as reported by
the committee, is adopted, it declares that the right of transportation, &c., s8hall exist.  Under this, if no amendment is adopted,
slaves may be bought and sold in any of the waters of the free
States.
Mr. CRISFIELD:-What difficulty or damage does the gentleman propose to obviate by his amendment?
The PRESIDENT:-The Chair has already decided that the
proposition of Mr. McCURDY is not in order.
MIr. CHASE appealed from the decision of the Chair, and upon
the appeal the decision was sustained.
M\r. FIELD:-I understand this decision cuts off both the
amendments offered by Mr. ITALL and Mr.  IcCRDY; that compels us to vote against the proposition of Mr. GROESBECX.
Mr. CIHITTENDEN:-The amendment offered by my colleague, Mr. IHALL, has been accepted. It stands as the order of
the Conference, and cannot be rescinded except by a vote. I sus
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PROCEEDINGS OF THE CONFERENCE.
tain the decision of the Chair, because, by every rule of parliamentary law, it was correct. But one thing farther. It is now
perfectly in order to move Mr. MCCupRDY's proposition, or any
other, as an addtion.
The PRESIDENT:-Mlost clearly so.
Mr. CRISFIELD:-I do not discover any particular objection to the amendment of Mr. GROESBECI.  If it had been reported by the committee, I should have preferred it; but the
South is willing to take the section as it stands, and prefers
the original to any substitute.
Mr. NOYES:-I am  against the substitute, for it destroys
the effect of the amendments offered by Messrs. HALL and MoCURDY.
The vote was then taken upon Mr. GRoESBECI's amendment,
and resulted as follows:
AYES.-New lHampshire, Rhode Island, Connecticut, Pennsylvania, Delaware, Ohio, and Indiana-7.
NoEs.-Maine, Vermont, Massachusetts, New York, New Jersey, Maryland, Virginia, North Carolina, Tennessee, Missouri, Illinois, and Kansas-12.
And it was rejected.
Mr. GUTHlRIE: I feel that my mission here is ended,
and that I may as well withdraw from the Conference. I
seem to be unable to impress gentlemen with the necessity of
accomplishing any thing. The report of the committee is not
satisfactory to the South; it is even doubtful whether they will
adopt it; certainly they will not, if it is cut to pieces by amenldments. I may be compelled to sacrifice my property, or go
with the secessionists. At my time of life, I do not wish to do
either.
Mr. MoCURCDY:-I regret that my amendment produces
so much feeling, but I think, at all events, we should prevent
the sale of slaves in the free States; it should be prevented beyond any possibility. I renew the offer of my amendment.
Mr. EWING:-If the laws of New York will permit the
sale of slaves within the limits of that State, then we should
prohibit the sale in the Constitution as proposed; but so long
as that State has power to pass a law prohibiting it, there is
no necessity for the amendment. The owner is only permitted
24
369 
PROCEEDINGS OF THE CONFERENCE.
to touch with his slaves, under certain circumstances, at the ports
of free States.
Mr. RUFFIN:-It is impossible that slaves can be sold in
a free State under the section reported by the committee. We
propose to give the right of touching at those ports as a privilege, but we give no right of sale there. The laws of a free State
could not be evaded in this way. Each State is supreme within
its own limits; that supremacy would  not be aided by this
proviso.
Mr. TURNER:-Suppose a slave owner is compelled to stop
at the port of Cairo, through stress of weather or any other
cause, and he dies there, are his slaves set free by his death?
Does not the law of actual domicil prevail?  I think they will
be regarded as slaves, and that under this provision they might
be administered upon and sold as a part of his estate.
Mr. POLLOCK:-I think we may obviate all difficulty by
inserting after the words "landing in case of distress," the words
"but not for traffic or sale."
Mr. TUCK:-I am in favor of the amendment proposed by
the gentleman from Pennsylvania. It is not proper or best
to encumber these propositions with amendments that are not
necessary.
Mr. LOGAN:-Every State has the right to regulate transit
within its own limits to suit itself.  The proposed amendment
gives no rights except such as are expressly named: "a right,
during transportation, of touching at the ports, and of landing in
case of distress." The right of the State to regulate transit is
left unimpaired.
Mr. HOWARD:-There is one principle of law which will
settle this question at once: property that is held under State
laws must be transferred by the operation of State laws alone.
Slaves are held and transferred by the specific. laws of the
States in which they are held.
Mr. PALMER:-The right of sale cannot possibly arise out
of the right to touch during transportation at a port, or the right
to land in case of distress. I cannot see the slightest occasion or
necessity for the adoption of Mr. McCuRDY's amendment.
Mr. McCURDDY's amendment was rejected by the following
vote,:
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PROCEEDINGS OF THE CONFERENCE.
AYEs.-Maine, Vermont, Massachusetts, Connecticut, New York, Indiana,
and Iowa-7.
NOES. New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri,
Ohio, Illinois, and Kansas-14.
Mr. POLLOCK'S amendment was then adopted without a division.
Mr. VANDEVER:-I wish to propose an amendment by way
of proviso:
"Provided nothing herein contained shall be so construed as to prevent any
State from prohibiting the introduction as merchandise of persons held to
service or labor, or to prevent such State from prohibiting the transit of persons so held to service or labor through its limits."
Mr. FIELD:-This does not cover Mr. MCCURDY'S proposition at all. Is there any secret purpose here to bring into the
Constitution a provision which will permit the sale of slaves in
free States?  If there is not, why not say plainly that the States
shall have the exclusive right to determine who shall and who
shall not cross its borders, and what shall be the subject of sale
or traffic within them?
Mr. GUTHRIE:-The States have all the powers which are
not expressly delegated under the Constitution to be exercised
by Congress. Congress has no power, except such as are expressly conferred upon them. The power to prohibit the sale of
slaves rests somewhere. It has not been conferred upon Congress;
it must remain in the State.
Mr. SMITIH:  The argument of the gentleman from Kentucky seems to me very inconsistent with his report in other respects.
Mr. HOWARD:  The Border States are trying to get back
the seceded States. We hope they will come back. We expect
the adoption of this report to offer a strong inducement to them
to return to the Union.  It will not offer such inducement if its
general effect is ruined by amendments.
The vote upon Mr. VANDEVER's amendment resulted as fol
lows:
AYES.-Maine, Vermont, Massachusetts, Connecticut, New York, Indiana, and Iowa-7.
NOES.-New Hampshire, Rhode Island, New Jersey, Pennsylvania. Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri,
Ohio, Illinois, and Kansas-14.
371 
PROCEEDINGS OF THE CONFERENCE.
So the amendment was not agreed to.
Mr. CLAY:-I have already stated that the State of Kentucky is prepared to adopt the CRITTENDEN amendment; that
amendment will be satisfactory to the Border States. The longer
we remain here the more I become satisfied that the CRrrITENDEN
amendment will meet with more general favor than any other;
therefore I ask the consent of the Conference to introduce the
CRrrrENDEN amendment as a substitute for the committee's report.
The consent of the Conference was not given to Mr. CLAY'S
proposition.
Mr. GROESBECK:-I move to amend the third section by
inserting after the words "in case of distress shall exist," the
words " but not the right of transit in any other State or Territory without its consent."
We must certainly do something to cover this difficulty; if
we omit the subject entirely, we shall leave much opportunity
for cavil on this question when the question goes to the people.
Mr. RUFFIN:-I move to amend the amendment by substituting in place of the words "without its consent" the words
" against its dissent."
Mr. GROESBECK:-I will accept the amendment.
The amendment of Mr. GROESBECK was agreed to by the following vote:
AYEs.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey,. Pennsylvania, and Ohio-10.
NOES.-Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, and Illinois-8.
Mr. ALEXANDER, of New Jersey, dissented from the vote of
that State. -
Mr. GRANGER moved that when the Conference adjourn it
adjourn to half-past seven o'clock this evening.
The vote upon Mr. GRANGER's motion was taken by States,
and resulted as follows:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, Pennsylvania, Tennessee, Ohio, Indiana, Illinois, Iowa, and Kansas-13.
NOES.-Rhode Island, New Jersey, Delaware, Maryland, Kentucky, and
Missouri-6.
So the motion was adopted.
On motion of Mr. CHASE the Conference adjourned.
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PROCEEDINGS OF THE CONFERENCE.
EVENING SESSION-SEVENTEENTH DAY.
WASHINGTONN MONDAY, Fe6ruary 25th, 1861.
TH.E Conference was called to order at half-past seven o'clock,
Mr. ALEXANDER in the chair.
M3r. SMITH, of New York:-I move that a committee of
two be appointed by the PRESIDENT to arrange for the printing
of the Journal.
The motion of Mr. SmITH was adopted, and the PREsDENT
appointed as such committee, Mr. SMITH, of New York, and MIr.
HOWARD, of Maryland.
The Conference then proceeded to the consideration of the
order of the day, being the third section of the article reported
by the committee.
Mr. HITCHCOCK:-I move to amend the third section by
striking out the words " or Territory of the United States," occurring after the words "within any State."
I think we shall make the amendment more satisfactory by
limiting the prohibition to States alone; still leaving the power
in Congress to be exercised in conformity with the other provisions that regulate slavery in the Territories.
Mr. GUTHRIE:-I have the same objection to this as to
other amendments. It may not be important, but I do not want
to commence by adopting amendments at all.
The question was taken upon the amendment proposed by
Mr. Hrrcucocx, and was agreed to by the following vote:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
New York, Pennsylvania, Ohio, Indiana, and Kansas-10.
NOES. -Rhode Island, New Jersey, Delaware, Maryland, Virginia, North
Carolina, Tennessee, Kentucky, and Missouri-9.
Mr. SUMMERS:-I now desire to call up for consideration
the amendment proposed by myself on the evening of the 23d
instant.  The state of the case is this: Mr. JOHNSON, of Maryland, moved an amendment to my proposition, which was accepted; my amendment was then rejected by a vote of the Conference, and on the 25th the Conference reconsidered the vote by
which the amendment was rejected. I will not now repeat what
I said, when the amendment was offered, in favor of its adoption.
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PROCEEDINGS OF THE CONFERENCE.
I would only call the attention of gentlemen to the remarks I
then made, and say in addition, that I earnestly hope the Conference will now adopt the amendment. It will make the proposition much more acceptable to the South, and, certainly, not
more objectionable to the North. The amendment is offered to
the second section, and is as follows:
" No territory shall be acquired by the United States, except by discovery,
and for naval and commercial stations, depots and transit routes, without the
concurrence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States which prohibit that relation; nor shall territory be acquired by treaty, unless the votes
of a majority of the Senators from each class of States hereinbefore mentioned, be cast as a part of the two-thirds majority necessary to the ratification
of such treaty."
The amendment of Mr. SUMMERis was adopted by the following vote:
AYES.-New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri,
and Ohio-12.
NoEs. —Maine, Massachusetts, Connecticut, Indiana, Illinois, and Kansas
-6.
The PRESIDENT:-No further amendment being offered
to the second and third sections, the Conference will proceed to
the consideration of the fourth section of the report, or any
amendments proposed to that section.
None being proposed, the Conference proceeded to the fifth
section.
Mr. SEDDO N:-I move to strike out the whole of the section. It has been heretofore stated, on behalf of the North,
when this section was under consideration, that its adoption was
not desirable, inasmuch as existing laws, properly enforced,
amount to a sufficient prohibition of the slave-trade.   If the
North does not desire it, the South does not. I hope the Conference will consent to strike it out.
M\r. GUTHRIE:-I think it very important to retain this
section; it can, certainly, do no harm. We all agree, North and
South, that the foreign slave-trade should not be revived.
The amendment offered by Mr. SEDDON was rejected by the
following vote:
AYEs.-Virginia, North Carolina, Kentucky, and Missouri-4.
NoEs.-Maine, New IHampshire, Vermont, Massachusetts, Rhode Island
374 
PROCEEDINGS OF THE COMFERENCE.
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Tennessee, Ohio, Indiana, Illinois, Iowa, and Kansas17.
Mr. BRADFORD:-I move to amend the fifth section by
inserting after the words "slave-trade," the words "by citizens
of the United States."    7
In proposing amendments to the Constitution, it seems to me
improper that we should attempt to bind any but our own citizens. The adoption of the section in this form would seem to
imply that we undertook to prohibit the slave-trade in other
countries and among citizens of other countries. I desire to see
it prohibited, but wish to have the constitutional provision expressed in appropriate terms.
Mr. CROWNINSHIELD:  I object to this amendment.
It would nullify the operation of the section entirely.  There
are in the United States thousands of persons who are not citizens, but who, under such a provision of the Constitution, would
revive the slave-trade and infuse into it a vigor which it never
before possessed. It would be better to have no section at all
than to permit such an amendment as this. The amendment
can bear but one construction. It is intended to prohibit the
slave-trade by our own citizens, and expressly to permit it by
those who are not citizens.
Mr. COALTER: I am in favor of the amendment.
Mr. BRADFORD:-I do not desire to embarrass the action
of the Conference, and I will withdraw the amendment.
Mr. JAMIES: I move to amend this section by striking out
the following words: "from places beyond the limits thereof."
The object of this amendment is apparent, and does not need
explanation.
The amendment of Mr. JAMEs was agreed to by the following vote:
AYES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Tennessee, Kentucky, Ohio, Illinois, Indiana, and Kansas-17.
NOES. V-irginia, North Carolina, and Missouri-3.
Mr. MIOREHEAD,  of North  Carolina:-I move that the
vote just passed striking out the words "from places beyond the
present limits thereof," be rescinded.
I think the action of the Convention in passing this vote was
375 
PROCEEDINGS OF THIIE CONFERENCE.
hasty, and not taken upon due consideration. It may be an important question to determine, what are "the present limits
thereof." Upon one construction it might prohibit the bringing
of slaves from the States which have seceded and left the Union;
upon another construction, which assumes that these are still in
the Union and does not recognize their secession, it would not
cut off the trade between those States and the others. I do not
like to have such a question raised.
Mr. BACKUS:-I am against this reconsideration.  So far
as I am concerned, I do not propose, in this Conference, to recognize the secession of the States at all. I deny the legal power
of a State to withdraw itself from the Union without the consent
of the others. And beyond this, I do not think the question is
raised as the gentleman asserts.
Mr. RUFFIN:-I think the clause is better as it is.  By
striking out the words "from beyond the present limits thereof,"
we do not establish any territorial limitation. And whether
these States come back or not, no question of territory is raised.
But if this reconsideration is carried, and the seceding States do
not return to the Union, they will retaliate upon us. In the
event of their continued secession we cannot get back from those
States those of our slaves who are now temporarily there. We
may wish to bring back those slaves, and some of our people may
wish to carry ours there.
Mr. GRANGER:-I hope this vote will not be reconsidered.
The argument of Judge RUFFn is conclusive.
Mr. COALTER  -This is likely to be a troublesome question any way. Why not leave it as we have to leave many
others-to the discretion of Congress? We certainly do not wish
to adopt a provision which will cut off the traffic in slaves between the Gulf States and the others.  Nobody is in favor of
that, and I am at a loss how to manage this question. The negroes are a portion of the families of Southern men. They are
regarded as such in all the transactions of life. Those families
may at times become separated.  A  portion of them may now
be in the seceded States, and a portion farther North.  Again,
it often happens that during one season of the year the-planter,
with his family and slaves, lives upon the plantation in the Gulf
States; and at another season, removes with his family and slaves
376 
PROCEEDINGS OF THE CONFERENCOE.
to a plantation farther North. We do not wish to obstruct a re lation or proceeding of this kind. This is not a mere matter of
dollars and cents. It is one involving the happiness of families.
The blacks themselves are interested in it. I think it better to
let the section stand as it does, and to leave the whole matter to
the discretion of Congress.
Mr. GRANGER:-I have always stood up against all the
societies and organizations which have been established at the
North to carry on crusades against slavery. My position in that
respect is still unchanged. I hold that the people of the free
States have nothing to do with slavery; that they are not responsible for it, and that it is their duty to let it alone. At the same
time I have just as steadily opposed the slave-trade. I think it
inhuman and atrocious, and I am the last man that would consent
to its restoration. This section as it stands, in my judgment, cannot be improved. I think we had better leave it, and not raise
these troublesome questions which will inevitably be suggested
if these words are restored.
Mr. MOREHEAD:-This is a matter which requires some
reflection, and, on the whole, I amn inclined, for the present, to
withdraw my proposition.
Mr. SEDDON:-I do not like this plan of legislating in the
Constitution. The Constitution ought to be an instrument defining and limiting the powers of Congress. We had better
leave to Congress, or rather, to assign to Congress the power to
exercise this prohibition.  I, therefore, move to amend by inserting at the commencement of the section these words: "The
Congress shall have power to prohibit," and to strike out at the
end of the section the words " are forever prohibited."
Mr. ALLEN:-This would be a most effectual way of reviving the slave-trade.  It would remove the constitutional prohibition, and permit Congress to prohibit or permit it, as that
body may choose. Would that ever hereafter be considered a
crime which Congress had power to permit?  No.   I cannot
conceive it possible that any State should seriously wish to see a
traffic resumed which has been stigmatized by the whole civilized
world as worse than piracy.  This is a question which I would
not leave to Congress. We know how immensely profitable this
trade is-that fortunes are made by a single successful voyage.
377 
PROCEEDINGS OF THE CONFERENCE.
Don't let such an inducement to corruption creep into our Constitution.
Mr. COALTER:-I am in favor of this amendment, not because I am in favor of the slave-trade, but because such a section
is out of place in the Constitution. The-Constitution is a bill
of rights, an instrument which defines and settles the rights of
citizens. It is not a law. I have no fear that if we leave this
to Congress the slave-trade will be revived.
Mr. DONIPHAN:-I cannot agree with my colleague.  I
am opposed to the foreign slave-trade in every form. I would
not even make a treaty with a nation or a State that would permit it. If the seceded States are to be regarded out of the
Union, I would not treat with them; I would not invest Congress with such a dangerous power. Nothing will suit me but
an unqualified prohibition of this trade in the Constitution itself.
Mr. HOUSTON:-The gentleman from Missouri  has expressed the views of Delaware. His argument is conclusive.
Mr. HOWARD:-The intervention of Congress will be necessary whether this amendment passes or not, The section as
adopted makes no provision for the punishment of any one who
violates it.  If a vessel should be seized while engaged in the
trade, this section does not provide for her forfeiture or condemnation, or the punishment of her officers or owners. The section
would be inoperative without the action of Congress. Why not
let Congress have all the power?
Mr. DODGE:-Congress will declare the punishment.
Mr. SEDDON:- If you cut off the slave with the seceded
States, they will do the same with you. I think the Border
States should at all events adopt the amendment.
The Conference refused to agree to the amendment of Mr.
SEDDOl by the following vote:
AYES.-Maryland, Virginia, North Carolina, Tennessee, and Missouri-5.
NOES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Kentucky,
Ohio, Indiana, Illinois, Iowa, and Kansas-16.
Messrs. JOENSON and Dowipia, of Missouri, dissented from
the vote of that State.
Mr. MOREHEAD:-I move to strike out the whole of this
section, and insert a new one of the following tenor: "The foreign
378
I 
REMARKS OF MR. CROWIN~SELD.
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, from places beyond the
limits thereof."
Mr. WICKLIFFE:-I like the amendment proposed better
than the original, but I wish to suggest an amendment to it
myself.
We are aware that certain countries which are much exercised
over the criminality of slavery and the slave-trade, have recently
adopted a system, the horrors of which are not surpassed by those
of the middle passage. I refer to the importation of coolies and
other persons from China and the East. In my judgment, this
is the slave-trade in one of its worst forms. I think if we prevent the importation of slaves at all, the provision ought to be
made to cover such a case. I therefore move to amend the
proposition of Mr. MORErIEAD,  by inserting after the words
"importation of slaves," the words " or coolies, or persons held
to service or labor."
Mr. MOREHEAD:  I accept the amendment of Mr. WICELIFFE, and should have inserted it myself had it occurred to me.
My proposition as it now stands, covers both the points here
made; it declares the entire prohibition of the slave-trade, and
it makes it also the duty of Congress to pass laws effectually to
prevent it.
The amendment offered by Mr. MORHrEAD was agreed to by
the following vote:
AYEs.- Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
Tennessee, Kentucky, Missouri, Ohio, Indiana, and Illinois-11.
NoEs.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
New York, New Jersey, and Kansas-8.
IMr. Hoppi, of PRhode Island, Messrs. ORTH and ELLIS, of
Indiana, and Mr. STOCKTON, of New Jersey, dissented from the
votes of their respective States.
Mr. CROWNINSHlIELD:  I move to strike out the whole
section. I had rather have no section at all, and no provision
upon the subject, than such a one as we have now adopted. The
requisition upon Congress making it their duty to enact laws,
will be considered as a necessary one; the consequence which
379 
PROCEEDINGS OF THE CONFERENCE.
must result is, that until Congress legislates, there is no  law
against the importation of slaves.
The motion of Mr. CROWNIS.HIELD was rejected by the following vote:
AYEs.-Massachusetts, Virginia, and Tennessee-3.
NoEs.-Maine, New Hampshire, Vermont, Rhode Island, Connecticut,
New York, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina,
Kentucky, Missouri, Ohio, Illinois, Indiana, Iowa, and Kansas-18.
The PRESIDENT: The Conference will now proceed to
the consideration of the sixth section.
No amendment being offered thereto, the Conference proceeded to the seventh section.
Mr. TURNER: I move to strike out the whole of the
seventh section, and insert in lieu thereof the following:
"Congress shall provide by law for securing to the citizens of each State
the privileges and immunities of citizens of the several States."
The seventh section, as it now stands, will encounter more
serious objection at the North than all the remaining portion of
the article. It is objectionable for many reasons: it looks to the
actual exercise of violence and intimidation by mobs and unlawfuil assemblies at the North. Although such may have occurred
in one or two sections only, generally the provisions of the fugitive slave law have been observed and carried out. The whole
subject is very distasteful to the North. I think if we keep it
out of the article, and in its place secure that respect for the
privileges of citizens in the various States, to which, indeed, under the Constitution, they are entitled, we shall do much better.
Mr. LOGAN: There are various reasons peculiar to some
of the free States why this provision should not be adopted. The
laws of several of the Western States do not recognize negroes
as citizens.  I move to amend the amendment proposed by rmy
colleague, by inserting the words "free white " before the word
"citizens."
The amendment offered by Mr. LOGAN was adopted by the
following vote:
AYES.-New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, Tennessee, Kentucky, Indiana, and Illinois-10.
NOES. —Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, and Iowa-8.
380 
PROCEEDINGS OF THE CONFERENCE.
Mr. ORTa, of Indiana, dissented from the vote of his State.
Mr. TURNER:-I suppose the purpose of my colleague has
been attained. If there is a delegation willing to make such a
distinction in the Constitution, they will, of course, support the
amendment as it is now amended.
The vote was then taken upon the amendment, as amended,
with the following result:
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, and Indiala-18.
Mr. WILMOT:-If the seventh section is adopted, I think
the North should have some compensation therefor. I think
citizens of the North have as much occasion for complaint on
account of the action of mobs and riotous assemblies in the slave
States, as the slave States have of the occurrence of those mobs
and assemblies in the North. I therefore move the following as
an addition to the seventh section:
"And Congress shall further provide by law, that the United States shall
make full compensation 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 deprivation, by violence, of his
rights secured by this Constitution."
Mr. GUTTHRIE:-I am opposed to' this amendment upon
the general principles I have so often stated. I oppose it for
another reason. I am not in favor of an amendment which
encourages mobs and riots at the North, and I will not consent
to one which, like this, encourages seditious speeches at the
South.
Mr. WILMOT:-Such is not the effect of my amendment.
It does not protect a man in making seditious speeches in the
slave States.   It only secures to the citizen his rights without
regard to the State to which he belongs. We have a provision
of the Constitution on that subject now, but it is not effective.
Mr. COALTER: I am in favor of the amendment. There
is great necessity for it.
Mr. SEDDON:-I think gentlemen entirely misconstrue the
intent and purpose of the present provision of the Constitution
on that subject. It grows out of and rests upon that provision
rlf
381 
PROCEEDINGS OF THE CONFERENCE.
which requires the return of fugitive slaves.  It imposes an obligation upon Congress to secure to the owner, when he pursues
his slave into a free State, the right which he enjoys as a citizen
of his own State. In all other respects it is unnecessary. If a
man is injured in his person or his property, he has his redress in
the State courts; or if he is a foreigner or a citizen of another
State, he may go into the Federal courts and get his redress
there. In this respect the citizens of both sections are amply
protected.
Mr. STEPHENS: I earnestly hope this amendment may be
rejected. We have come here to arrange old difficulties, not to
make new ones.   Adopt this, and you lay the foundation stone
of disunion.  It is an encouragement to seditious speeches and
purposes.  The clause is well enough as it is.  We do not wish
to encourage men to come among us and excite discontent among
our slaves.  We  will not permit them to do  it.  Our safety
requires that we should not.  Our own citizens do not connive
at the escape of slaves. None do it who have any business in
our States. We are here for peace. When half a dozen States
are out, whose return we wish to secure, shall we put such a
clause as this into the Constitution?  Do it, and a half dozen
others will follow. I am not at all sure that the report of the
majority, if adopted, will satisfy my State. It certainly will not
if it is mangled and frittered away. I have not occupied time
in making speeches here.  I say to you gentlemen, beware!  If
I thought the spirit of the North was truly represented in this
Conference, I would go home and advise my State to secede; and
if she did not, I would abandon her forever.
Mr. RUFFIN:-I am opposed to the amendment because I
think it unnecessary, and because it opens a new and very serious controversy. The rights of Northern men are fully protected now. There is not a court in the South in which a
Northern citizen cannot find a lawyer to advocate his cause. If
he is poor, he may even sue n forma pauperi, and incur no
liability even for costs.
Mr. WILMOT: I am claiming no more than I have a right
to claim under the decision of the Supreme Court. That court,
in the case of Prigg vs. The State of Pennsylvania, decided that
the Constitution imposes the duty upon Congress of carrying this
382 
REMARKS OF MR. BARRINGER.
provision into effect.  I insist upon making it plain.  Rights
upon both sides are sought to be protected by this article.  They
are correlative.
Mr. LOGAa  favored and Mr. EWING opposed the amendment,
in a few brief remarks.
Mr. ORTH:-I do not think we shall accomplish much by
protracting our present session longer. I move that the Conference adjourn, and ask a vote by States.
The Conference refused to adjourn, by the following vote:
AYES.-Maine, Connecticut, New York, Indiana, Illinois, Iowa, and
Kansas-7.
NoEs.-New Hampshire, Vermont, M3fassachusetts, Rhode Island, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, and Ohio-14.
The PRESIDENT:-The question recurs upon the amendment of the gentleman from Pennsylvania.
The vote upon the question of agreeing to the motion of Mr.
WILMOT, resulted as follows:
AyEs.-Maine, New York, Indiana, Vermont, Massachusetts, Pennsylvania, Illinois, and Iowa-8.
NoES.-Rhode Island, Connecticut, New Jersey, Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, Missouri, and Ohio-l.
And the motion was rejected.
Mr. BARRINGER:  I  now  move to amend  the seventh
section, by adding thereto the following words:
"And in all cases in which the United States shall pay for such fugitive,
Congress shall also provide for the collection by the United States of the
amount so paid, with interest, from the county, city, or town in which such
arrest shall have been prevented, or rescue made."
I am certain that no objection can be made to tilhe equity of
this amendment. If a municipal corporation shall permit the
rights of a slave owner to be disregarded by the rescue of a slave,
it not only fails to perform its duty under the Constitution, but
becomes an active participant in the crime. Shall the consequences of its own fault be visited upon the people of the whole
country?  Those who acknowledge and carry out their obligations under the Constitution, as well as those who do not?  This
would inflict a punishment upon the innocent for the crime of
the guilty. It is not right to leave it in that way. It would
present an inducement to these violations of law which the
383 
REMAREKS OF MR. FRELINGHUYSEN.
provision is intended to prevent. We ought to make the guilty
party pay the penalty.
Mr. HACKLEMAN:-If such a proposition were to come
from a free State, the mover would be charged with attempting
to destroy all hope that the committee's report could be adopted
by the people. Hiowever, if the friends of the report are willing
to adopt it, I do not know that I ought to object. It places the
Government in a position where it is bound under the Constitution to prosecute a municipal corporation for the acts of its
individual members. It is certainly novel, and introduces a new
system into the jurisprudence of the country.   Is the mover
serious in his proposition?
Mr. BARRINGER:-I am certainly serious.  I would like
to hear some substantial argument against my motion.
The question being taken on the amendment of Mr. BI,RnGER, resulted as follows:
AYEs.-Virginia, North Carolina, and Kansas-3.
NOES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Tennessee, Kentucky, Ohio, Indiana, Illinois, and Iowa-17.
And the amendment was rejected.
Mr. DENT:-I wish to enter my dissent from the vote of
Maryland. I consider the amendment as eminently just and
proper.
Mr. CLAY:-I dissent from the vote of Kentucky.
Mr. FRELINGHUYSEN:-I have an amendment which I
intend to offer at some time, and I may as well propose it now.
The people of the free States have complained, and not without
good reason, that one clause in the Constitution is not carried
into effect in some of the slaveholding States. Their complaints
are similar to those made on the part of the South, which it is
the purpose of the seventh section to remove. If there have
been instances at the North where mobs and riotous assemblies
have obstructed the administration of justice in the case of
fugitive slaves, so there have been instances at the South where
mobs and riots have disregarded the rights of citizens of Northern States. I propose to deal fairly by all sections. Let us
remove both causes of complaint. I move to amend the seventh
section by adding thereto the following words:
384 
EMARKS OF MR. ORTIIH.
"Congress shall provide by law for securing to the citizens of each State
the privileges and immunities of citizens in the several States."
Mr. GUTHRIE: I repeat my objection to all these amendments. If our work here is to have any efficacy, we must adhere
to the report.  Why bring in another bone of contention?
Mr. ORTIH:-Will you not extend the same protection to
free citizens which you do to slaveholders?
The question was taken on the motion of Mr. FRELINGHUYSEN,
with the following result:
AYEs.-Connecticut, Delaware, Indiana, Illinois, Iowa, Maine, Massachusetts, Maryland, New Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Vermont, and Kansas-16.
NoES.-Kentucky, Missouri, North Carolina, Tennessee, and Virginia-4.
So the amendment was adopted.
Mr. Rom dissented from the vote of Maryland.
Mr. AMES:-I move an amendment which will make the
section more explicit.  I move to strike out the word "force,"
and to insert instead thereof the words "violence or intimidation."
The motion was agreed to without objection.
Mr. ORTH:-I move to amend the seventh section by adding
at the close thereof the following words:
"And such fugitives, after such payment, shall then be discharged from
such service."
I am opposed to this whole business of making compensation
for fugitive slaves; but if this section is to be adopted, and the
Government pays the owner the whole value of the fugitive,
upon every principle of equity and justice the fugitive should
be discharged, and the master should have no right to reduce
him again to slavery. You make the measure of the owner's
damages in such a case the value of the slave. Do you intend,
after he has secured that, he shall still have the right of capturethat after the damages have been fully paid, he may still call on
the courts of law for the slave's surrender?  This would be a
double compensation indeed. I shall insist upon this amendment, and ask a vote by States.
Mr. ROMAN:-I have not hitherto addressed the Conference, but I should do myself injustice if I remained silent any
longer. I came here in good faith, encouraged with the hope
25
385 
REMARKS OF MR. ROMAN.
that this Conference would do something which would indicate
a purpose to protect and acknowledge the rights of the slave holding States. I have patiently attended your sittings, and
little by little that hope has faded, until to-night it has almost
passed away. What good can come of these deliberations, when
upon every question which is presented the lines of sectionalism
are tightly drawn, and with one or two exceptions every northern
State is arrayed against us?  Suppose these proposals of amendment as reported by the committee are adopted, there is evidently a purpose manifested here by a large delegation from the
free States, to prevent their adoption by the people.  I know the
opposition which in any event will be arrayed against them. It
is an opposition which nothing but unanimity among the moderate conservative men of the country can overcome. Believe it
or not, gentlemen, I assure you we are in earnest, in our determination to have our rights under the Constitution defined and
guaranteed. Our safety, as well as our self-respect, requires this.
I have not been satisfied with the majority report, but if I had
been disposed to accept it-if the South would accept it now,
you will not concede even that. You insist upon weakening its
provisions by amendments, and by amendments which are insulting to us.
It is now seriously proposed under the Constitution, by an
express provision, to deprive us of our property in slaves against
our consent, and to emancipate them by making compensation.
What other effect can be given to such an amendment? One of
our slaves escapes into a firee State. He is arrested by the marshal and discharged by a mob. Does this act discharge him
from his service?  Does this lawless violence make  him free?
And if the town or city where the mob occurs is made to pay a
slight penalty, does this also divest the owner of his right? This
is nothing but an inducement to mobs and riots. Pass this provision, andno fugitive slave will ever again be returned from a
free: State.  There will always be abolitionists enough to pay for
a slave, and this payment will set the slave free, and will constitute the only penalty for this violence. For one, I would prefer
to have no provision at all on the subject than to have one encumbered with such an amendment.
I have but little more to say. If the peace of this country
386 
REMARKS OF M. CLAY.
is to be hereafter established on a permanent basis, and the Union
is to be preserved, you, gentlemen of the North, must recognize
our rights, and cease to interfere with them. You have nothing
to do with this question of slavery. It is an institution of our
own. If it is a crime, we are responsible for it, and will bear
the responsibility. We have never interfered with your institutions. You must now let us alone.
Mr. ORTIt:-The objection of the gentleman from Maryland
may be answered in a word. It is for the owner to elect whether
or not to accept compensation and set his slave free. If he still
chooses to pursue him, he need not accept compensation; but if
he does not, and receives payment for him, the slave should go
free. As to mobs and riots, we punish men at the North who
engage in them.
Mr. CRISFIELD:-I entirely agree with  my colleague in
this respect. We could not accept the section if such an amendment was adopted. The report of the committee is the very
least that will satisfy our people. Do not destroy it by such
amendments as these.
The vote was then taken upon the amendment proposed by
Mr. OuRT, with the following result:
AYEs.-llinois, Indiana, Iowa, Maine, Massachusetts, New York, New
Hampshire, Ohio, Pennsylvania, and Kansas- 10.
NoEs.-Connecticut, Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, Tennessee, Vermont, and Virginia-11.
And the amendment was rejected.
Mr. CLAY:  I move to amend the report by adding a section to be numbered Section 8, as follows:
"The second paragraph of the second section of fourth article of the Constitution shall be so construed that no State shall have the power to consider
and determine what is treason, felony, or crime, in another State; but that
a person charged in any State with treason, felony, or crime, who shall flee
from justice and be found in another State, shall, on demand of the executive
authority of the State from which he fled, be delivered up, to be removed to
the State having jurisdiction of the crime."
I do not think discussion necessary upon such an amendment
as this. It is well known to the Conference that great difficulties have been found to exist in carrying into effect this provision
of the Constitution. So far as the slave States are concerned, it
is a perfect nullity. Unless it is amended it may as well be
387 
PROCEEDINGS OF THE CONFERENOE.
stricken from the instrument. I believe the tenor of the decisions at the North has been to permit the executive upon whom
the requisition is made, to determine whether the offence charged
is a crime under the law of the State to which the person charged
has fled. If it is a crime, the fugitive is delivered up. If not a
crime in that sense, he is discharged. The decisions of the courts
have been to the same effect; whenever the fugitive has been
brought upon habeas corpus, the decision has been the same. It
is obvious that under this construction of the Constitution no
fugitive will be hereafter returned for an offence in which the
question of slavery is involved. This is only one of the many
evasions of the Constitution which have been practised in the
free States.  I deem the amendment very important.
Mr. BRONSON:-The gentleman  from  Kentucky is entirely mistaken in his statement of the decisions of the northern
courts or northern governors. The decisions are uniform so far
as I know, that where the offence charged is either a crime at
common law, or under the statutes of the State from which the
fugitive has fled, he has been delivered up.
Mr. CLAY:-Did not the Executive of New York refuse
to deliver up a fugitive on the demand of the Governor of Virginia?
Mr. BRONSON:-In that case I think there was no evidence
that the offence charged was a crime under the statutes of Virginia, and it certainly was not at common law.
The vote was taken upon Mr. CLAY's amendment, and resulted as follows:
AYES.-Kentucky, Missouri, North Carolina, Tennessee, and Virginia-5.
NOES.-Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Massachusetts, Maryland, New Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Vermont, and Kansas-16.
And the amendment was rejected.
And on motion, at two o'clock A. M., the Conference adjourned.
388 
PROCEEDINGS OF THE CONFERENCE.
EIGHTEENTHI DAY.
WASHINGTON, TUESDAY, February 26th, 1861.
THE Conference, pursuant to adjournment, was called to order
at eleven o'clock.
Prayer was offered by Rev. Dr. GURLEY.
The PRESmIDENT informed the Conference that in consequence
of the length of the Journal of yesterday, the Secretary had
not been able to write it out, and that it would be necessary
to omit the reading thereof this morning.
Mr. McCURDY:-There was a vote taken in the confusion near the close of the session last evening, in which Connecticut, according to the minutes of the Secretary, appears to
have voted in the negative. It was upon the amendment of
Mr. ORTH, declaring that the slave should be free whenever his
master had accepted payment for him. On that amendment the
vote of Connecticut was Yea. As the vote is recorded Nay by
mistake, I move to reconsider the vote by which the amendment
was rejected.
Mr. BRONSON:-The motion to reconsider is not necessary. Connecticut can record her vote as she wishes to have it
stand. It will, not change the result.
The PRESIDENT::-I think the motion is in order, if made
by Connecticut.
Mr. BATTELL:-I will move to reconsider.  I voted with
the majority.
Mr. MOREHEAD, of North Carolina:-No individual delegate can make such a motion. States vote here, not individuals.
I submit that the motion is out of order, unless made by a
majority of the delegation.
389 
REMARKS OF MR. WH1TE.
M]r. BALDWIN: —The question is not complicated at all;
neither is the motion out of order. A majority of the delegation
from Connecticut cast the vote of that State in favor of Mr.
ORTH's amendment. By mistake that vote was recorded against
the amendment. The same majority whose vote is made to do
them injustice by a mistake for which its members are not responsible, now moves to reconsider'the vote.
The question was then taken upon Mr. McCuDY's motion,
and resulted as follows:
AYES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Ohio, Vermont and Kansas-11l.
NOES.-Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Pennsylvania, Rhode Island, Tennessee, and Virginia-10.
And the motion prevailed, and the vote was reconsidered.
The PRESIDENT:-The  question now  recurs upon  the
amendment offered by fMr. ORTH.  On this amendment the vote
will be taken by States.
Mr. WHtITE:-I consider this amendment as entirely unnecessary. The result which it seeks to attain is only the announcement of a well-understood provision of the common law. By the
common law, if an action is brought for a trespass, and judgment recovered for that trespass, and the damages under that
judgment paid, the property which is the subject of the action,
and which may have originally been wrongfully taken, becomes
transferred; the damages take the place of the property, the defendant has paid for his wrongful act, or, in other words, has
paid for the property. The same principle applies to the case
of the fugitive slave who is rescued from the custody of the law,
when his owner has consented to accept payment for him. The
legal right of the owner in the slave is satisfied by such payment; the money takes the place of the slave. But if this were
not so, we ought not to encumber the Constitution with such pro
visions. Congress will undoubtedly make the proper provision
both for the protection of the slave and his master. Congress
will not permit payment to be made for a slave, and then suffer
him to go back to bondage. This would be both unlawful and
unjust. I can see no necessity for adopting the amendment.
Mr. ORTIH:-I  understand there is some  difference of
opinion between members of the Conference as to the effect of
890 
PROCEEDINGS OF THE CONFERENCE.
the phraseology of my amendment. I will change that phraseology, and make the amendment read as follows:
"And such fugitive, after the master has been paid therefor, shall be discharged from such service."
Mr. MOREHEAD, of Kentucky:-I  am  opposed to this
amendment upon every ground. I would rather see some direct
scheme of emancipation adopted and inserted in the Constitution.
Adopt this amendment, and the result is inevitable. It would
amount to emancipation upon the largest possible scale. Our
slaves would escape, you would rescue and pay for them, and
that would be the end of them.  Why not leave it to Congress to pass the necessary laws upon this subject? The adoption of this amendment would destroy all hope that our labors
would be acceptable to the South. I say again, we had better
establish emancipation at once.
Mr. DENT:-If this amendment is to be adopted, I hope we
shall at the same time reconsider the vote by which we rejected
the amendment of the gentleman from North Carolina, requiring
the payment by the county, city, or town wherein the slave is
rescued from the custody of the law. This provision would
make the General Government pay for the crimes of a few citizens in one section. In that case the General Government
ought to own the negro. It has paid for him, and the property in him ought to be transferred.
Mr. WILMOT:-There is nothing in this.  We do not wish
to have the Government own the negro. It is bad enough to
have individuals own slaves. We do not propose to turn the
Government into an extensive slave owner.
But let me ask the gentleman seriously, who is to own the
negro, in such a case, after he has been paid for?  Certainly not
the former owner, because his right is gone. This amendment
only states a conclusion of law; the right of the owner being
gone, the negro is free.
Mr. CHASE:-I think a single word will settle this.  By the
Constitution as it now stands, the escaped fugitive is not discharged from service or labor. The original section, as proposed,
requires that the slave should be paid for, when he is rescued.
Now, he might be rescued three or four times.  Shall he be paid
for as often?  Do gentlemen claim that his owner shall receive
391 
REMARKS OF MR. RIVES.
compensation more than once?  I cannot see why gentlemen in terested in slavery should object to this amendment.
Mr. RIVES:-I think  if gentlemen would  look at this
proposition seriously, there would be no difference of opinion
among us. Such a proposition would foist into the Constitution
a most injurious, pernicious, and troublesome doctrine. By the
most ultra abolitionists of the free States the power of emanci pating our slaves has been disclaimed. From the organization
of the Government, no such right has been claimed by any re spectable party or body of men. The question arose in the first
Congress, I think, upon the petition of the Quakers of Pennsyl vania. It was decided almost unanimously against the power,
even when exercised by Congress. But there is no need of multiplying or citing precedents. From that time to this, no political party has claimed the power of emancipation. Such is the
universal doctrine now.
The right to abolish slavery in the District of Columbia is
now claimed by some.   I think that is the doctrine of Mr.
CHASE.  But upon what argument is it founded?  Simply this:
That the States, by the act of cession, have surrendered this
power to Congress. This is the only argument I have ever
heard in favor of the right, even in the District.
But this amendment proposes a most comprehensive scheme
of emancipation. It accomplishes emancipation in every one of
the slave States. It amounts to forcible emancipation upon the
principle of compensation.
The point has been well stated by gentlemen who have preceded me. Place this in the Constitution, and there is an end
of returning fugitives. The very courts will act upon it. They
will say that if any one will come forward and pay the value of
a slave when arrested, all the requirements of the Constitution
are satisfied, and he shall go free.
What is the object of our Conference?  Why are we here?
We are here to bury out of sight all the causes of our difference
and trouble. And yet you propose to insert a new principle into
our fundamental law, which, however you may look upon it, will
be regarded at the South as totally inconsistent with our independence. Our people will not consent to it.
There is another view which I would suggest. This is emi
392
0 
PROCEEDINGS OF THE CONFERENCE.
nently a matter of legislative regulation. If the slave is paid
for, Congress will at once recognize the impropriety and injustice
of permitting the owner to receive payment for, and also receive
his slave. Congress may say with great propriety that the owner
shall give a bond to return the money upon the restoration of
his slave. I hope no principle will be implanted in the Constitution which will be more troublesome-more productive of
difficulties than any which has heretofore been made the subject
of discussion.
Mr. EWING:-If we do any thing of this kind, perhaps we
had better say that if the owner accepts compensation for his
slave, he shall execute a deed of manumission. This will make
it a matter of consent on the part of the owner. Put the amendment in that form and I will vote for it.
Mr.  COALTER:-This amendment would  offer a most
powerful inducement to our slaves to run away. It would be
dangerous in the extreme.  When a fugitive has been paid for,
and thus emancipated, he can come back and settle by the side
of his mnaster. What effect would that have upon the rest of his
slaves?  Would they not attempt the same thing?  It may be
said that the States can pass laws which will prevent their return.
But this power will not be exercised. I know many free negroes
in the slave States who are respectable persons, who own property, and have their social and domestic ties. These examples
are bad. A fugitive who has been set free is not a safe man to
return and-settle as a free negro among those who were his coslaves.
Mr. BROCKENBROUGH:-By this amendment you are
inaugurating a system of covert emancipation to which the South
can never submit. We protest against its adoption. The argument upon which you seek to sustain it is a false one. HIow can
the owner receive the full value of his rescued slave when he
himself, as a citizen and tax-payer, pays a part of the price?
Mr. MOREHEAD, of North Carolina: I move to amend
this amendment by adding thereto these words:
"And the negro when thus emancipated shall not be permitted to leave
the State in which the emancipation takes place."
5WVe know from past experience what the abolitionists of the
free States would do under such a provision as this in the Con
393 
R REMARKS OF MR. BACKUS.
stitution. There will be an underground railroad line along
every principal route of travel. There will be depots all along
these lines. Canoes will be furnished to ferry negroes over the
Potomac and Ohio.  JOHN BRowN & Co. will stand ready to kill
the master the very moment he crosses the line in pursuit of his
slave. What officer at the North will dare to arrest the slave
when JOHn BROWN pikes are stacked up in every little village?
If arrested, there will be organizations formed to rescue him, and
you may as well let the "nigger" go free at once.  You are
opening up the greatest scheme of emancipation ever devised.
Mr. BACKUS: I move to amend the amendment proposed
by Mr. ORTIa by the substitution of the following:
" And the acceptance of such payment shall preclude the owner from
further claim to said fugitive."
It is claimed that this is a scheme of emancipation. It is
nothing of the sort. It is not intended that the owner shall be
obliged to accept compensation for his slave. That is left optional
with him. Hie may take it or not as he likes. The effect of accepting compensation would be just the same as if he sold his
slave to the North. The gentleman from Virginia raises a
curious objection; that the owner does not receive a full compensation because he pays a portion of it himself. Well,.I suppose the owner would pay the one hundred and thirty-millionth
part of the price! Does not the same objection lay against the
payment of any tax whatever?  It is asked, Does this payment
transfer the legal title to the slave?  Well, it probably goes to
the party who pays for it. If the payment is made in a free
State, where slavery is not tolerated, the title would not pass at
all. I submit to our friends from the South, whether they wish
to have the Government become a slave-trader, to set it up as a
huckster of slaves in the shambles.  My amendment imposes the
responsibility upon Congress. I have no doubt Congress will
legislate properly upon the subject.
Now let me say one word to gentlemen, friends of the South,
in all kindness. I have appreciated your position, and it has
influenced my action. I have not refused to give you any reasonable guarantees, and I shall not refuse them. But I submit to
you, whether it is in good taste for you to declare that, if we do
394 
PROCEEDINGS OF THE CONFERENCE.
not yield all these little points to you, the Government is to be
broken up; that that is the only alternative?
Mr. GUTIIRIE: I hope this amendment will be adopted.
As a Southern man, I declare that it is acceptable to me.  Let
us adopt it, ad end the matter.  [Cries of "Agreed."]
Mr. JOHNSON, of Missouri: I have a very serious objection to putting any bid in the Constitution to induce slaves to run
away. I firmly believe that if this amendment should ever become a part of the Constitution, it would lead to the ultimate extinction of slavery. The State of Missouri is surrounded on three
sides by free States. When one of our slaves escapes and crosses
the border, he finds himself at once among a people, some of
whom will vindicate his freedom with their lives. I am willing
to leave this whole subject to Congress. Congress will not
permit the owner to get his money, and also retain his slave. In
the name of God I ask that no such provision may be put into
the Constitution!
Mr. MOREHEAD:-I will agree to this. The difference
between the two is as wide as the poles.
The vote was then taken upon the amendment as amended,
and resulted as follows:
AYEs.-Connecticut, Delaware, Illinois, Iowa, Kentucky, Maine, Massachusetts, Maryland, New Jersey, New York, North Carolina, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, and Vermont-17.
NOES.-Indiana, Missouri, and Virginia-3.
So the amendment was agreed to.
Messrs. CLAY, of Kentucky, DENT and ROMAN, of Maryland,
STEPHaENS and TOTTEN, of Tennessee, dissented from the votes of
their respective States.
Mr. BRONSON:-It is evident under the rules, as they now
stand, that this debate is not to close within a month. I move to
amend the rules as follows:
"Before reaching the final question on the plan to be submitted to Congress, no member shall be allowed to speak more than three minutes on any
proposition."
Mr. SEDDON: -I rise to a question of order. I submit
that the motion of the gentleman from New York is not in order.
395 
PROCEEDINGS OF THE CONFERENCE.
Mr. GUTHRIE:-I move to lay the amendment on the
table.
The motion of Mr. GUTHRIE prevailed without a division.
Mr. FIELD:-I move to add an additional section to the report, as follows:
SECTION 8. The Union of the 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 obligation of obedience to the Constitution and laws of the United States.
In offering this amendment as an additional section, I propose
very briefly to state the reasons for its adoption. I shall not anticipate any of the objections that may be urged against it, for,
as I understand the rule, I shall have the right to speak in reply.
I will only state one or two arguments in favor of the article.
We have been discussing the means of removing the symptoms of the disease called secession. This amendment attacks the
disease itself. The doctrines of CaLHOUN, originated and advocated by him, have now been taken up by his followers, who are
striking at the very foundation of our Government. The doctrine of the North is, that no State can secede from the Union.
This amendment asserts that doctrine. Before we begin to
amend, we ought to know whether we have any Constitution to
amend.  The people of my section wish to know whether we can
compel obedience of a State, if every man in it undertakes to refuse obedience. They believe that power to exist in the Constitution now. If there is any doubt about it, they wish that power
distinctly asserted.
Mr. EWING:-I move to lay the amendment on the table at
present, without affecting the section of the report under consideration.
Mr. FIELD:-This motion is debatable.
Mr. FRELINGI-UYSEN:-I submit that the motion of the
gentleman from New York is not an amendment; that it is an
addition, and may be laid on the table without affecting the remainder of the report.
Mr. BRONSON:-We have now gone through with the propositions, and are ready to take a final vote upon  them.   Mr.
FrELD'S amendment is properly an addition, and relates entirely
396
*.-!   ":" *  a      i, 
PROCEEDINGS  OF THE CONFERENCE.
to other subjects. Laying that on the table does not carry the
whole subject there.
The motion of Mfr. EWING prevailed by the following vote:
Ayes, 11; Noes, 10.*
Messrs. MEREDITH, WILMOT, and CHASE dissented from the
votes of their respective States.
Mr. FIELD:-I now offer it as an amendment to the 7th
section.
Mr. BRONSON:-I rise to a point of order.  My colleague
has proposed this amendment as an additional section, and it
has been laid upon the table. Hle now proposes to put the same
thing in another place. That is certainly not in order.
Mr. FIELD:-I now offer it distinctly as an amendment to
the 7th section, to avoid the quibbling by which a direct vote was
avoided before. It may as well be understood that other than
slave States have certain rights upon this floor, and that those
rights will be asserted. I wish gentlemen to understand that I
shall resist, as well as I may, every attempt to avoid or dodge
this question.
The PRESIDENT:-In the opinion of the Chair it is not in
order.
Mr. FIELD:-Then I offer one-half the amendment  as follows: "The Union of the States, under the Constitution, is indissoluble."
Mr. WICKLIFFE:-Is it necessary to put this into the Constitution?  Does not the gentleman think the Constitution prohibits secession now?  If so, let him offer a resolution to that
effect, and I will vote for it.
Mr. DENT:-I rise to a point of order. The amendment
is not germane to the section.
The PRESIDENT:-That is entirely a matter of opinion.
The Chair cannot rule out an amendment on that ground.
Mr. FIELD:-If gentlemen will give us a square vote on my
proposition, I will not debate it.
Mr. GUTHRIE:-I believe every word that is stated in
* I relied upon the Journal for the individual list of the votes. In this
respect the Journal is defective, and does not give the names of the States
voting. My minutes show that the vote was taken by States with the fore
going result.
397 
PROCEEDINGS OF THE CONFERENCE.
that proposition. It is all in the Constitution now; but the
South thinks differently, and this is one of the great obstructions in our path. There is not a man here who does not
believe that this provision is already in the Constitution. I
hope, therefore, that we shall vote at once, and vote it down.
Mr. EWING:-The amendment proposed, implies the existence of the right of secession, under the present Constitution.
I do not believe in that, and shall therefore vote against it.
Mr. FIELD:-I desire to obtain a clear vote upon this question, and not have it pass off upon any technical points. I will
withdraw my amendment, and now move to amend the 7th see;ion by striking out the whole of it, and inserting in its place the
following:
"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. GOODRICH:-I do not quite like the language of the
amendment, for it might seem to give the implication of a right
to secede. I move the following as a substitute:
"And no State can secede from the Union, or nullify an act of Congress,
or absolve its citizens from their paramount obligations of obedience to the
Constitution and laws of the United States."
Mr. MOREHEAD, of North Carolina -There is no objection on my part against the gentleman from New York taking
any course he pleases, and as much time as he likes; but I should
regret extremely to have this amendment adopted, and to have
the Constitution made practically to assert a right of secession.
I have denied that right always in my State, in public and in
private. I am aware that on this point I differ from the general sentiment of the South, and I hold there is no right of
secession, and on the part of the General Government no right
of coercion. I claim that a State has no right to secede, because that right is not found in the Constitution, and the theory
of the Constitution is against it.
The PRESIDENT:-I think the amendment of Mr. Goon
RICH is not in order.
Mr. FIELD:-As suggested by a friend, I will modify my
motion, and state it in this way, which certainly will avoid all
these objections:
398 
PROCEEDINGS OF THE CONFERENCE.
"It is declared to be the true intent and meaning of the present Consti  tution, that the Union of the States under it is indissoluble." 
Mr. COALTER: -Does the gentleman mean this as a sub stitute for the entire report of the committee, for all that we
have hitherto done?
Mr. FIELD: Certainly not.
Mr. COALTER:-We have not met here for any such pur pose as that indicated in the present amendment. We are not
here to discuss the question of secession.  We are here because
the Border States are alarmed for their own safety. We wish
them to remain in the Union. The purpose of our consultations
is to make an arrangement under which they can stay in the
Union. If we do not confine ourselves to that purpose, and
leave these questions alone, our differences may be submitted to a
greater than any human judge. I hope, in Hieaven's name, they
will not be submitted to the arbitrament of battle. No practical
good whatever can come from debating this amendment.   I
move to lay it on the table; but if that motion will have the
effect to carry the whole report on the table, I will not make it.
Mr. CRISFIELD -I shall vote against this amendment. I
believe the Constitution is endowed with sufficient authority to
accomplish its own preservation, and to carry into execution its
own laws; and, believing so, I deny the right of secession, but
the right of revolution is a natural right possessed by every
people. They may revolutionize their governments when they
become oppressive. The Constitution was adopted as the logical
consequence of this idea. There is no use now in discussing the
abstract question of secession. We must treat the present condition of the Gulf States as a revolution in fact accomplished.
We must meet them fairly. I vote against this amendment, and
wish to stand right upon the record. If the history of this
Convention is to be written, I do not wish to be handed down to
posterity as one who favors the right of secession, which I believe
to be a radical error.
Mr. WILMOT:-Pennsylvania is agreed in principle upon
the doctrine of this amendment.  I believe the whole North
agrees also that the right of secession cannot be conceded, but
my colleagues and myself differ essentially as to the manner in
which we shall make our doctrine most effective. I think the
399 
PROCEEDINGS OF THE CONFERENCE.
true way is, to vote for this plain proposition, and not vote
against it.
Now, all the North agrees that there is no right under the
Constitution to interfere with slavery where it exists. No one
has ever asserted such right, or believed in it. We are now
asked to give a declaratory provision on that subject-to give it
in order to quiet the slave States. One of my colleagues-Mr.
POLLOCk-was willing to give that declaratory clause, which was
necessary. I went with him in that; I now ask him to go with
me, not against a mere shadow, but against what is the doctrine
of a large portion of the people of the slave States; a doctrine
of that proportion which proposes to overthrow the Constitution
of the country. It is a demoralizing doctrine. My colleague
proposes to vote against it. Did my colleague believe that any
one proposed to interfere with slavery in the States?
Mr. POLLOCK:-No, I do not believe there was any such
intention entertained by any considerable party. But there was
an apprehension upon this subject in the slave States, caused by
the action of a few radical men at the North. I was willing to
vote for a declaratory resolution to quiet that apprehension.
Mr. WILMOT:-This amendment points to something more
than an apprehension. It deals with an existing fact. Seven
States have already gone out of the Union, asserting that the
principal allegiance of their people is to the State, and not to
the General Government. I think it high time that the Constitution was made unequivocal upon this subject of secession.
Mr. PRICE:-I occupy even a few minutes of time with much
reluctance. Time is precious to us-too precious to be used in
debate. I believe in the doctrine of the gentleman from New
York. That is the doctrine of my State; but I believe in a great
many other things which it is not necessary to insert in the Constitution. We came here to treat a fact, a great fact. There is a
Southern Confederacy-there is a President DAvIs there is a
Government organized within the Union hostile to the United
States. I came here, as the gentleman from Illinois has said, to
act as if I had never given a vote or united with a political
party. I say, with my colleague, that when the country is in
danger my political robes hang loosely upon my shoulders.
There is an element in this Conference which, from the first
400 
PROCEEDINGS OF THE CONFERENCE.
day of our session, has opposed any action. Its policy has been
to distract and divide our counsels, to put off every thing, to prevent all action. How different this is from what I expected when
I came here. Shall we sit here debating abstract questions when
State after State is seceding? I hope not. I trust the patriotic
spirit which animates a majority of this Conference will to-day
send forth a proposition which will restore peace to the country.
We all agree to the principle contained in this amendment; but
if we adopt it and make it a part of the Constitution, we could
never, under it, bring back the seceded States. They will not
admit the principle. What is to be gained, then, by adopting it?
Why will gentlemen insist upon propositions which will nullify
our action?  New Jersey occupies high constitutional ground.
She is ready to do any thing that is fair, and she goes for these
propositions of the majority because they are fair. She will
adopt these, and I believe every State will adopt them-New
York as quickly as any. I do not think the gentleman properly
represents the wishes of his constituents.   Hle  misrepresents
them. Let us act, then, promptly, and act now. Every moment
is precious. I know the trembling anxiety with which the
country is awaiting our action. Do not let us sit here like the
great Belshazzar till the handwriting appears on the wall.   Let
us set our faces against delay. Let us put down with an indignant rebuke every attempt to demoralize our action or destroy
its effect.
Mr. BUCKNER:-I move to amend the amendment of Mr.
FrELD, by adding the following:
"But this declaration shall not be construed so as to give the Federal
Government power or authority to coerce or to make war directly or indirectly upon a State, on account of a failure to comply with its obligations."
Mr. FRELINGHUYSEN:-I hope the gentleman from New
York will withdraw his resolution. The view of this Convention
is against secession, and we all know that the Union of the States
under the Constitution is indissoluble. We know just as well
that it is not necessary to assert this principle now. It is not
expedient to assert it. We want to get back the seceded States.
If we are earnest in this, is it best to call them traitors? I ask
the gentleman whether the rejection of his proposition will not
tend to weaken the Government and the Union? It will stand
26
401 
REMARKS OF MR. BRONSON.
as a naked vote of rejection; the reasons why we vote against it
will not go before the world.
Mr. BRONSON:-With the exception of a few minutes between eleven and twelve o'clock, a few nights since, I have not
occupied the time or attention of the Conference. I will not
now occupy but a few minutes. I came here to do something.
I supposed we could accomplish something. We learned very
soon after our arrival here that my colleague was opposed to any
amendmnent of the Constitution.  The same is true of several of
my colleagues; perhaps a majority of them are here to do nothing. I supposed that something ought to be done to quiet the
country. Instead of that an amendment is now offered asserting
that we do not believe in the right of secession, that we do believe
that these States which have seceded have done wrong. Suppose
we do not believe in secession, what relevance has that to the
present subject?  Such an amendment may be used to delay or
embarrass our action. There are a good many ways to defbat the
project, a good many ways to suppress secession. My colleague
looks to force alone. He proposes to bring back the seceded
States by force. I contemplate the use of force in this connection
with horror. It can never be used successfully.
We are here to agree upon something which will give peace
to the country. Our committee has submitted a report which
they think will accomplish that. My colleagues are skilful;
they know how many ways there are to accomplish their purposes.  One way to defeat any action here is by making long
speeches, by loading down the propositions of amendment to the
Constitution with other amendments, which will make the whole
thing offensive to the country.
I stand here for my country. I would leave politics and political parties in the back ground. I would vote for nothing
here which is not pertinent to the Constitution, and which will
not help us in our attempts to quiet the apprehensions of our
fellow-citizens. My colleague now brings forward a proposition
which may be true in itself, but it is not pertinent and amounts
to nothing. I am sorry he is not in his seat to hear what I have
to say. He shot his arrow, and, I understand, has left for New
York.
I am ready to vote down his proposition. I wish to see it
402 
REMARKS OF MR. KING.
voted down. I am prepared to take all the consequences of
voting it down, here and elsewhere. But I have drawn an
amendment myself which I offer in lieu of his.  Permit me to
read it:
"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 maintained by force, but by unity of origin and interest, inducing
fraternal feelings between the people of different 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 compromises of the Constitution."
I think we can vote for this amendment. It denies the right
of secession as explicitly as the amendment of my colleague.
But it has no coercion about it, and it asserts, as I understand
it, the true principle upon which our Government is founded.
I offer it as an expression of my own views. I have sat here for
eight or ten days and have voted, except in a few instances, with
the delegation from my own State. There is a bare majority of
that delegation against the propositions of the committee. That
majority ordinarily casts the vote of our State. I cannot express
my views by my votes, and for that reason I undertake to express them in this amendment.
Mr. KING:- Like my colleague, I have taken but little part
in the discussions in this Conference. I cannot be justly charged
with having occupied time unnecessarily, as I have spoken on
but one occasion, and then very briefly.  I would not speak now
if I did not sincerely believe this amendment to be eminently
proper for the consideration of this body.
Myself and the majority of my  colleagues differ from  the
majority of thle Conference. That difference is an honest difference of opinion. It is based upon principle. If we consulted
policy only, it would give us pleasure to yield to the wishes of
the majority. But our first duty is to our constituents, and we
must represent their opinions here. We should do it because
our opinions coincide with theirs; and it was because we entertained these opinions that we were selected to represent New
York in this body. When we are called upon to vote, we shall
vote to carry out those opinions; and even when we differ from
some of our colleagues, we are entitled to the same consideration
from this body that they are. We do not intend to be driven
403 
REMARKS OF MR. PALMER.
from our position by threats or by intimidation. We believe
that it is eminently proper for this Conference to express its decided convictions upon the question of secession. We are told
here that secession is a fact. Then let us deal with it as such.
I go for the enforcement of the laws passed in pursuance of the
Constitution.  I will never give up the idea that this is a Government of the people, and possessing within itself the power of
enforcing its own decrees. This I shall never do. This Conference could perform no nobler act than that of sending to the
country the announcement that the union of the States under
the Constitution is indissoluble, and that secession is but another
term for rebellion.
The gentleman from New Jersey says we misrepresent our
constituents.  Hiow does he know that?   Who gave him the
right to place himself between our constituents and ourselves-to
sit in judgment upon us?  IHe will find that statement a very
adventurous one. I should know something about New York
and the people of New York.  I have lived in that State all my
life. I have been honored by the confidence and support of my
fellow-citizens. Let me assure the gentleman that I know the
people of that State far better than he. We will undertake to
answer to our constituents; let him answer to his.
I will occupy no farther time. I wish to live in peace and
harmony with our brethren in the slave States. But I wish to
put upon the record here a statement of the fact that this is a
Government of the people, and not a compact of States.
Mr. PALMER:-It is no part of my business or duty to
vindicate the motives or conduct of the gentleman from New
York, who is charged by one of his colleagues with interposing
his amendment only for the purpose of delay. But that amendment meets my approval, and will have my support without
regard to such imputations. Of what consequence are the gentleman's motives to us if his motion is right and proper? Are
we to be gravely told that secession and treason are not proper
subjects for our consideration? To be told this when every mail
that comes to us from the South is loaded with both these crimes?
Sir, we have commenced wrong. The first thing we ought to
have done was to declare that these were crimes, and that we
would not negotiate with those who denied the authority of the
404 
REMARKS OF MR. HOWARD.
Government, and claimed to have thrown off their allegiance to
it. Far better would it be for the country if, instead of debating
the question of slavery in reference to our Territories, we had set
to work to strengthen the hands of the Government, and to put
down the treason which threatens its existence.
You, gentlemen of the slave States, say that we of the North
use fair words, that we promise fairly, but you insist that you
will not rely upon our promises, and you demand our bond as
security that we will keep them. I return the statement to you
with interest. You, gentlemen, talk fairly also-give us your
bond! You have been talking fairly for the last dozen or
twenty years, and yet this treason, black as night, has been
plotted among you, and twelve years ago one of your statesmen
predicted the very state of things which now exists. I am willing
to give bonds, but I want our action in this respect to be
reciprocal. I want your bond against secession, and I ask it
because seven States in sympathy with you have undertaken to
set up an independent Government-have placed over it a
military chieftain who asserts that we, the people of the United
States, are foreigners, and must be treated with as a foreign
nation.
You charged JOHN BRowN with treason. You convicted and
executed him; and yet among you are thousands of men guilty
of treason, beside which that of JOHN BROWN was paltry and
insignificant. If we are to act at all, gentlemen, we must act
upon reciprocal terms. I am willing to make every reasonable
concession. Will you do the same? Will you, gentlemen of
the South, declare that you will stand by the Union, and brand
secession as treasonable? If you will, you must vote for this
amendment.
Mr. HOWARD:-I am sure no member of this Conference
could have listened to the remarks of the two gentlemen who
have last spoken without the deepest regret. It has been intimated here that Maryland will secede unless she secures these
guarantees. I do not know whether she will or not. I know
there is danger that she will.
I agree that there is no right of secession. I think that
secession is revolution.   But the right of revolution always
exists. It has always been maintained by statesmen North and
405 
PROCEEDINGS OF THE CONFERENCE.
South. It was admitted by WEBSTER in his reply to BAYBE. I
would read a quotation from his speech if time was not so
valuable.
Yes, gentlemen, we are all in danger. The storm is raging;
Virginia has hung her flag at half-mast as a signal of distress.
If Virginia secedes our State will go with her, hand in hand,
with Providence as our guide. This is not intended as a threat.
GOD forbid! It is a truth which we cannot and ought not to
conceal.
Why will not New York and Massachusetts for once be magnanimous? Why will they not follow the glorious example of
Rhode Island? If they will, I should still have hope. But if
those two great States are against us, I can see nothing but gloom
in the future.
Mr. SMITH:-I hope the true state of the question will not
be lost sight of. The first question is on the motion of the gen
tleman from Missouri, to amend the proposition of my colleague.
On that I rise to a point of order. The motion of the gentleman
from Missouri is a distinct proposition, and inconsistent with that
offered by Mr. FIELD.
The PRESIDENT:-I do not think the point of order is
well taken.
The question upon agreeing to the amendment of Mr. BUCKWER was then taken by States, with the following result:
AYES.-Delaware, Maryland, Missouri, North Carolina, and Virginia-5.
NOES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island,
Tennessee, Vermont, and Kansas-15.
So the amendment was lost.
Mr. BRONSON:-My motion is now in order as an amendment. I insist that the question should be taken upon its
adoption.
Mr. WICKLIFFE:-Does the gentleman propose to put this
into the Constitution?  If the gentleman wishes to publish it as
his speech, I will agree to it.
The question on the adoption of Mr. BRoNsoN's motion was
taken viva vote, and the amendment was rejected.
The PRESIDENT: - The  question  now recurs  on the
amendment offered by the gentleman from New  York-Mr.
FIELD.
406 
REMARKS OF MR. RIVES.
Mr. RIVES: -I hope the Conference will pardon me for
saying a few words upon this motion. I feel so sensibly the
gravity of the consequences involved in the result of this vote,
that I ask for a few minutes only in which to beseech the Conference not to act now upon a mere abstraction.
Gentlemen, what have we come here for? We have come at
a time when the Government of our country is in great peril;
and after a long session of, diligent labor, and when we are just
upon the point of arriving at the satisfactory adjustment of our
differences, we have these abstract questions thrust upon us.
They do not belong,here. They ought not to be considered here.
They would better befit a debating society than an assembly of
statesmen met to consider constitutional questions. The gentleman (Governor KING) of New York announces his theory that,
this is a Government of the people and not a compact of the
States. While I should agree with him upon his conclusions,
we should differ widely as to the premises from which they are
derived. It is a compact. All the authorities say so; and like
any other compact, it is one from which each independent party
may withdraw.
Now, what is this proposed amendment but an abstraction?
In theory, the union of the States under the Constitution is indissoluble.  But how is it in fact?  It is now a fact that the
Union is disrupted, is dissolved, because certain of the States
composing it have withdrawn. But this is no time to discuss
these questions. While we are talking about abstractions, we
are wasting our time. I do not propose to enlarge upon the
observations I have already submitted. But I beseech you, one
and all, recognizing every member of the Conference as a brother
of a common family, that now, after the labor of three weeks,
and upon the very verge of adjustment, you should not destroy
all we have done by interposing questions of this kind. Do not
let us be seen engaged in the idle labor of Sisyphus. Do not let
us now, just as we are about placing on the top of the mountain
the block of constitutional adjustment, suffer that block to rebound. Dismiss the amendment with, I pray you earnestly, all
questions of this sort, and let us proceed'to the practical matters
involved in the report, and its adoption.
Mr. NOYES:-If my colleague who offered this amend
407 
REMARKS OF MR. NOYES.
ment, was not at this time absent, I should not address the
Conference at all. I should like, however, to know what possible
dangerous consequence we may anticipate from the adoption of
this clause. Whether this Union is a compact of the States or
a Government of the people, is equally unimportant in this connection. In either case it is not to be broken lp at pleasure.
If it is claimed either that the right exists already-if it is apprehended that the people themselves may assert the right to
overthrow the Constitution and destroy the Government at pleasure-we should not, by all means, pass this amendment.
- The slave power has now had possession of the Government
in all for more than fifty years. A President has been elected
belonging to the opposing party, For that cause alone, and
without claiming or assigning any other, the slave States, under
the powerful protection of Virginia, have come here for guarantees. We are told, over and over again, that seven States have
left the Union. There is a fact with which we have to deal.
On our side, we are merely dealing with apprehensions. If you
have a right to guarantees to quiet your apprehensions, have we
not a right to insist that secession shall be put down and condemned by an explicit clause of the Constitution?  It is this
claim of the right of secession which has brought all the trouble
upon the country. We are right in our claim that it should be
dealt with in this Conference. If we, as delegates, should prove
faithless to our trust, should yield you all the guarantees you
ask, and should insist upon nothing on our side, such action
would not avail you any thing.
The Nortlh and the people of the North must be satisfied
upon this point. Much has been said here about the right of
revolution. I do not propose to discuss that right. At all events
that is not a right which depends upon the Constitution, or grows
out of it. If it exists at all, it is higher than, and above all Constitutions. The statement in this amendment does not controvert the right of revolution.  It is simply a statement that the
Union of the States, under the Constitution, is indissoluble.  I
regard the adoption of this amendment as both expedient and essential.
Mr. TURNER, of Illinois:-I do not think this amendment
very important either way. If this is intended as a mere declara
408 
PROCEEDINGS OF THE CONFERENCE.
tion of the purposes of the Constitution, it may be well enough.
But will the assertion that such is the purpose of the Constitution preserve that instrument and the Government under it?
No, sir. We may call spirits from the vasty deep; but the
question is, will they come?
If the right of secession exists at all, it is not confined to the
South. If it is conceded at all, it must be conceded in much
broader terms-in terms that are common to all the States.
This amendment secures to the States no practical benefit. I
protest against being bound to harmonize on all abstract questions. This is an abstraction. Gentlemen schooled in deduction
could spend weeks in argument over it.
The vote was taken upon the amendment proposed by Mr.
FIELD, and resulted as follows:
AYEs.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Vermont, and Kansas-10.
NOES.-Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-11. 
So the amendment was disagreed to.
Mr. GUTHRIE:-I now submit that we ought to take the
vote on the substitute proposed by the gentleman from Connecticut. I trust we are through with speeches, and hope we shall
now get to some result. We may as well vote upon all these
propositions within the next hour.
Mr. SOMES:-I desire to move an amendment by adding
the following, to be numbered
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 perfectly free to discuss the subject of slavery."
Mr. BRONSON:-I move to lay that amendment on  the
table.
Mr. SOMES:-Is not that motion debatable?
The PRESIDENT:-It is not debatable.
The motion to lay the amendment offered by Mr. SOMES upon
the table, prevailed by the following vote:
AYES.-Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia, and
Kansas-13.
NOES.-Connecticut, Illinois, Iowa, Maine, and Vermont-5.
409 
PROCEEDINGS OF THE CONFERENCE.
Thus the amendment was laid upon the table.
Mr. VANDEVER:-I move to amend the report by the addition of 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."
The importance of this proposition can be seen at once.
It is one in which the whole country is interested, especially
that portion of it in which I reside, which is drained by the
upper waters of the Mississippi and Missouri. On this subject
we have our apprehensions, and they are better founded, too, than
any which I have heard from the South. We believe that our right
to the navigation of this great national highway is imperilled. I
submit whether we are to be cavalierly treated in this matter, and
whether a subject of so much importance is to be laid upon the
table?  We may at all events, with perfect propriety, go this far,
and make it, under the Constitution, the duty of Congress to protect the free navigation of the Mississippi River by law. We
want it understood that the navigation of that river should be
free and unobstructed, and that the faith of the nation is pledged
to enforce that right. HIENRY CLAY once stated that nothing
upon earth could induce him to agree to any thing that should
impede the free navigation of that river. I assert and repeat
his declaration.  We of the Northwest ask that this right should
be guaranteed to us.
Mr. CRISFIELD:-I am as anxious for the free navigation
of the Mississippi River as the gentleman. I wish simply to say
that it is made the duty of the people of Iowa, and of other
States bounded by this river, to protect that right of navigation.
But the amendment is not germane to the report of the committee. I move to lay it on the table.
The motion of Mr. CRISFIELD prevailed by the following
vote:
AYES.-Delaware, Indiana, Kentucky, Maryland,  Missouri, New  Jersey,
North Carolina, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Virginia-14.
NoEs.-Connecticut, Illinois, Iowa, Maine, Massachusetts, and, New York
-6.
So the amendment was laid on the table.
410 
REMARKS  OF MR. BALDWIN.
Mr. BALDWIN:-I move that my substitute be taken up,
and ask that it may be read.
It was read as fbllows:
Whereas unhappy differences exist, which have alienated from each other
portions of the people of the United States, to such an extent as seriously to
disturb the peace of the nation and impair the regular and efficient action of
the Government within the sphere of its constitutional powers and duties;
And whereas, the Legislature of the State of Kentucky has made application to Congress to call a Convention for proposing amendments to the Constitution of the United States;
And wtereas, it is believed to be the opinion of the people of other States
that amendments to the Constitution are, or may become, necessary to secure
to the people of the United States, of every section, the full and equal enjoyment of their rights and liberties, so far as the same may depend for their security and protection on the powers granted to or withheld from the General
Government in pursuance of the national purposes for which it was ordained
and established:
This Convention does therefore recommend to the several States to unite
with Kentucky in her application to Congress to call a Convention for proposing amendments to the Constitution of the United States, to be submitted to
the Legislatures of the several States, or to Conventions therein, for ratification, as the one or tie other mode of ratification may be proposed by Congress, in accordance with the provision in the fifth article of the Constitution.
I propose to avail myself of the privilege of a short reply to
the arguments against my proposition; and in order that I may
occupy as little time as possible, I have reduced my reply to
writing. At the risk of repeating some of the remarks I made at
the opening of the discussion, I wish to recur to the facts on
which my report is based.
The resolution which I have moved to substitute, recommends to the several States to unite with Kentucky in her application for the calling of a Convention for proposing amendments
to the Constitution.
On the 28th day of January, seven days before the assembling
of this Conference Convention, the Governor of Kentucky transmitted to the President of the United States the joint resolutions
of the General Assembly of that Commonwealth, is recommending a call for a Convention of the United States," with a request
that the President would lay the same before Congress; and on
the 5th of February, the day after the assembling of this Convention, they were, by a special message of the President, commlunicated to Congress, with the expression of great satisfaction in the
411 
REMARKS OF MR. BALDWIN.
performance of that duty, and of confidence that Congress would
bestow upon those resolutions the careful consideration due to the
distinguished and patriotic source from which they proceeded, as
well as to the great importance of the subject which they involve.
The resolution requesting the call of a Convention I have already
read to the Conference.
There are, sir, but two modes provided by the people of the
United States for altering the fundamental law ocf their Government, both of which are specified in the fifth article of the Constitution: 
1. Congress, whenever two-thirds of both houses shall deem it necessary,
shall PROPOsE amendments to the Constitution; or,
2. On the application of the Legislatures of two-thirds of the several
States, shall call a Convention for PROPOSING amendments, which, in either
case, shall be valid as part of the Constitution, when ratified by the Legislatures, or by Conventions in three-fourths of the States.
The first mode is recommended  by the majority of the committee, in the expectation that Congress, by a two-thirds vote of
both houses. will propose, on the request of this Convention, for
ratification by the States, the several amendments they have reported.
The second mode is the one proposed by the Legislature of
Kentucky, and which, in accordance therewith, I have moved to
substitute for the recommendation of the committee.
There are now but few. days remaining before the termination
of the functions of the present Congress. If it were within the
fair scope and interest of the constitutional provision that Congress should act, in the proposing of amendments, on the recommendation of this Conference Convention, no one, I think, can
reasonably expect them to consider and deliberately act on such
recommendation during the few remaining days of the present
Congress. Other questions, of engrossing interest, now pending
before them, andthe acts of necessary legislation at the close of
the session, will prevent it. It must, therefore, go over to the
next Congress.  Assuming that during the term of that Congress
the amendments recommended by this Convention shall, by twothirds of both houses, be deemed necessary, and be proposed to the
States for ratification  there would probably be no earlier final action by the requisite number of States, than in the mode propos
412 
REMARKS OF MR. BALDWIn.
ed by Kentucky, and recommended by the resolution which 1
have moved to substitute for the mode of amendment reported by
the committee. But the great objection, in my mind, to the
mode of amendment contemplated by the majority report, is that
it is not in accordance with either the letter or the spirit of the,
Constitution. The people of the United States intended, when
they adopted the Constitution under which we have for more
than seventy years enjoyed a higher degree of prosperity than has
fallen to the lot of any other people, that it should remain in full
force and unchanged, except in one of the two modes prescribed
in that sacred instrument for its own amendment.
It is a Constitution which binds the people of every State, as
the supreme law of the land, until it can be changed by the action,
in the first instance, of those who are sworn to support it. No
amendments can, consistently with the letter or the spirit of the
Constitution, beproposed by Congress, unless two-thirds of both
houses, acting under the responsibility of their official oaths,
shall "deem them necessary."  No interference or pressure by
any extraneous body unknown to the Constitution, was contemplated, or can be allowed with safety to the people, to impair
the exercise of this function under all the responsibilities and official sanctions that properly appertain to it. The judgment of
two-thirds of both houses of Congress in regard to the nece88ssity
of the amendments, must precede their proposal to the States for
ratifcation.
The Government of the United States, in its sphere of duties,
is supreme. The State Governments, when they consented to its
formation by the people of the United States, surrendered so much
of their separate sovereignties as was essential to its strength and
efficiency. To that extent we became one people. This Government, for all national purposes, took the place of the State
Governments, as well in regard to the paramount allegiance as
to the duty of protection of the people of every State in the enjoyment of all their federal rights. It spowers can neither be enlarged nor diminished, except in the constiitomal mode, without
violating the rights of the States as well as of the people.
Any attempt from without, by combinations and associations
not responsible to the people, to coerce or overawe Congress, or
in any way to impair the free and deliberate exercise of its judg
413 
REMARKS OF MR. BALDWIN.
ment in proposing amendments "as deemed necessary" by Congress, is a palpable violation of the privileges of the people. They
elected the members of the House of Representatives with the
intention that they should freely and deliberately, under their
official oaths, propose amendments, or not, to the Constitution,
as they might deem necessary, and not at the dictation of States
even, who cannot themselves propose amendments, but can only
require of Congress to call a Convention of all the States for that
purpose. Much less can a convention of delegates from the
Legislatures, or the Executive of a part only of the States-a
body unknown to, and unauthorized by, the Constitution-assume to exercise, or dictate to Congress the exercise of this high
prerogative.
WE do not represent the people of the United States. This
Government, for every purpose for which it was established, is a
separate, and in some sense a foreign government to the States.
It operates directly on the people, and is itself their true protector
in all their Federal rights.
Any number of States, less than two-thirds, have no more
right to call into action the power of Congress either to call a
Convention, or to propose amendments, than the individual members of their Legislatues in their private capacities; and Congress
might as well, and probably would, treat our interference with
their official duties as an usurpation; as much so as if we should
seek to interfere with the appropriate duties of the Legislatures
of Virginia or Massachusetts. And, sir, I cannot but regard it,
so far as the free action of Congress should be influenced by the
recommendations of this body, as in the nature of a revolutionary
proceeding for which there is no sufficient cause or justification.
Sir, all the States are not here represented. All have not even
had an opportunity to be here. And yet we are endeavoring to
influence the action of Congress in a manner which may deeply
affect their interests. If, under any circumstances, a body so
convened, would have a right to act upon Congress, by the expression of our opinions as a Convention of States, ought not all
to have an opportunity to participate in our deliberations? Most
certainly they ought.
But it is said some-of the States are threatening to secede
from the Union; others have seceded, and must be induced to
414 
REMARKS OF MR. BALDWIN.
come back, by the speedy action of Congress on the amendments
recommended by the committee. Does the Constitution author  ize amendments under such circumstances, with less care and
deliberation than in time of peace and tranquillity?
This Government, sir, cannot recognize the fact that States
have seceded. It is not a Government over States, but over the
people of the United States, irrespective of the State in which
they live. This Government, and not the States, protects them
in their Federal rights, and requires allegiance and obedience
from the people in every State, to the Constitution and laws of
the United States as the supreme law of the land, any thing in
the laws or ordinances of any State to the contrary notwithstand ing. It is the people and not the States that are governed by that
law, within the sphere of its constitutional operation.
I have said that the course proposed by the majority of the
committee is, in my judgment, not only against the letter, but
the spirit of the Constitution. The State of Kentucky, ever pa triotic and conservative, must have so regarded it, when, instead
of asking Congress to propose the amendments they desired, they
requested their sister States to unite with them in an application
in the mode prescribed by the Constitution to Congress to call a
Convention for that purpose.
Our fathers, who framed that Constitution, and the people of
the United States, who ratified it, set it forthi in the preamble as
their first great purpose "to form a more perfect Union." They
intended to establish thereby a Government of perpetual obligation and of self-sustaining vigor. They did not contemplate the
necessity of amendments for any other causes than such as, after
calm, deliberate, undisturbed consideration should be judged
necessary. They did not intend that it should be exposed to the
danger of hasty action under the influence of excited passions or
timid and groundless apprehension. They would not trust the
entire people even with the right of amendment, except in the
mode prescribed, with all the delays incident to that mode; and
then only by the action, in every stage of the proceeding, of persons bound by solemn oath to support it.
The Constitution, in prescribing the modes of proposing
amendments, endeavored to provide against irregular combination of a part only of the States to effect them. Hence it pros
415 
REMARKS OF'MR. B3ALDWIN.
hibited all agreements or compacts between the States; and it
made no provision for the recognition of any action by a convention, except when called on the recommendation of two-thirds
of the States applying to Congress, by separate action of their
Legislatures, for that purpose.
Any interference with the duty of Congress by such a body
as we are, representing only a portion of the States ill any form,
and some of us only the executives of the States from which we come,
would be as much at variance with the Constitution as with the
counsel of that illustrious American-I will not say Virginianfor WAsHIaNGToN belonged to his whole country- in the Farewell
Address which he dedicated to the people of the United States
on his retirement from the public service, and which ought to be
cherished in the heart of every patriot. In addition to what I
have already read from that address let me read this passage:
"All obstructions to the execution of the laws, all combinations and as8ociations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted
authorities, are destructive to this fundamental rule, and of fatal tendency."
Let me read it again.  "All obstructions," &c.  "All combinations," &c.
This address is replete with words of true wisdom. Let us
heed them; for they are eminently adapted to the present occasion. There is no exigency which should be allowed to overawe
Congress in the performance of its constitutional duties. No
State intervention, no combination or association of representatives of States in a manner unknown to the Constitution, can be
recognized as authoritative by those to whom, on their own respon.
sibility, the people of the United States have conferred their na.
tional interests and the guardianship of their fundamental law.
"We owe," in the language of the illustrious statesman of Kentucky, " a paramount allegiance to the Government of the United
States-a subordinate one to our State."
Sir, while I am willing to perform all my constitutional du ties-all my fraternal duties toward the people of every section
of our common country, I, for one, feel bound to abstain from
any encroachment on the duties which the Constitution of my
country has delegated to others to be performed, in the modes,
and with the responsibilities, which the people for their own se curity have deemed it proper to prescribe.
416 
PROCEEDINGS OF THE CONFERENCE.
With these opinions, I should be unfaithful to my own con victions of duty, and recreant to the trust which has devolved on
me as a citizen of the United States, and by inheritance from an
ancestor who took a part in the deliberations of the Convention
which framed our Constitution, and to whose public services,
you, sir, so kindly alluded at the opening of the Conference, were
I to unite with the majority of the committee in urging upon
Congress the amendments they have proposed.
Entertaining as I do for the members of the committee who
have concurred in that report a profound respect, it has been
with a feeling of unaffected diffidence and self-distrust that I have
ventured to express my sentiments on this occasion. But as I
must act on my own convictions of duty, which are in harmony
with those of my associates from Connmecticut, so far as in the
brief period which has elapsed since the report was submitted
I have had opportunity to ascertain them, I felt bound to make
known to the Convention the reasons which will govern my
action.*
The vote was then taken by States on the substitute proposed
by Mr. BALDwIN, and the substitute was rejected by the following
vote:
AYEs.-Connecticut, Illinois, Iowa, Maine,  Massachusetts, New York,
New Hampshire, and Vermont-8.
NOES.-Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia, and
Kansas-13.
So the amendment was not agreed to.
The following gentlemen disagreed to the vote of their respective States:
Mr. BRoNSoN, of New York; Mr. GRANGER, of New York;
Mr. DODGE, of New York;  Mr. CoRnING, of New York; Mr.
ORTHI, of Indiana; Mr. IIAcLEMAN, of Indiana.
Mr. SEDDON:-I suppose it is now in order for me to move
my substitute for the report of the majority of the committee.
Mr. TUCK  -I also have a substitute to offer.  I shall not
discuss it.
* The closing remarks of Mr. BALDWIN were committed to writing. I am able
through the kindness of a member of his family to avail myself of a copy.
27
417 
REMARKS AND RESOLIUTIONS OF MR. SEDDON.
Mr. SEDDON:-The substitute which I propose embodies
the CrrrENDEN resolutions, with the modifications suggested by
Virginia.  These are principally confined to the first section,
which is made to apply to our future as well as our present territory. I have modified the form of the substitute in several
particulars, and now offer it without farther introduction. These
are the amendments which I understand the delegation from
Virginia is instructed to insist upon:
JOINT RESOLUTIONS
PROPOSING CERTAIN AMENDMENTS TO THE CONSTITUTION OF THE UITED STATES.
WHEREAS, serious and alarming dissensions have arisen between  the
Northern and Southern States, concerning the rights and security of the
rights f the slaveholding States, and especially their rights in the common
territory of the United States; and whereas, it is eminently desirable and
proper that those dissensions, which now threaten the very existence of this
Union, should be permanently quieted and settled by constitutional provisions, which shall do equal justice to all sections, and thereby restore to the
people that peace and good will which ought to prevail between all the
citizens of the United States: therefore,
.Resolved, by this Convention, that the following articles are hereby approved and submitted to the Congress of the United States, with the request
that they may, by the requisite constitutional majority of two-thirds, be
recommended to the respective States of the Union, to be, when ratified by
conventions of three-fourths of the States, valid and operative as amendments of the Constitution of the Union.
ARTICLE 1. In all the territory of the United States now held or hereafter
acquired, situate north of latitude 36~ 80', slavery or involuntary servitude,
except as a punishment for crime, is prohibited, while such territory shall
remain under territorial government. In all the territory now or hereafter
acquired south of said line of latitude, slavery of the African race is hereby
recognized as existing, and shall not be interfered with by Congress; but
shall be protected as property by all the departments of the territorial government during its continuance; and when any territory, north or south of
said line, within such boundaries as Congress may prescribe, shall contain the
population requisite for a member of Congress, according to the then federal
ratio of representation of the people of the United States, it shall, if its form
of government be republican, be admitted into the Union on an equal footing
with the original States, with or without slavery, as the constitution of such
new State may provide.
ARTICLE 2. Congress shall have no power to abolish slavery in places
under its exclusive jurisdiction, and situate within the limits of States that
permit the holding of slaves.
ARTICLE 3. Congress shall have no power to abolish slavery within the
418 
RESOLUTIONS OF MR. SEDDON.
District of Columbia, so long as it exists in the adjoining States of Virginia
and Maryland, or either, nor without the consent of the free white inhabit ants, nor without just compensation first made to such owners of slaves as
do not consent to such abolishment. Nor shall Congress at any time pro hibit officers of the Federal Government or members of Congress, whose
duties require them to be in said District, from bringing with them their
slaves and holding them, as such, during the time their duties may require
them to remain there, and afterwards taking them from the District.
ARTICLE 4. Congress shall have no power to prohibit or hinder the trans portation of slaves from one State to another, or to a Territory in which
slaves are by law permitted to be held, whether that transportation be by
land, navigable rivers, or by the sea. And if such transportation be by sea,
the slaves shall be protected as property by the Federal Government. And
the right of transit by the owners with their slaves in passing to or from one
slaveholding State or Territory to another, between and through the non slaveholding States and Territories, shall be protected.  And in imposing direct taxes pursuant to the Constitution, Congress shall have no power to impose on slaves a higher rate of tax than on land, according to their just value.
ARTIcLE 5. That in addition to the provisions of the third paragraph of
the second section of the fourth article of the Constitution of the United
States, Congress shall provide by law, that the United States shall pay to the
owner who shall apply for it, the full value of his fugitive slave, in all cases,
when the marshal, or other officer, whose duty it was to arrest said fugitive,
was prevented from so doing by violence or intimidation, or when, after
arrest, said fugitive was rescued by force, and the owner thereby prevented
and obstructed in the pursuit of his remedy for the recovery of his fugitive
slave, under the said clause of the Constitution and the laws made in pursuance thereof. And in all such cases, when the United States shall pay for
such fugitive, they shall reimburse themselves by imposing and collecting a
tax on the county or city in which said violence, intimidation, or rescue was
committed, equal in amount to the sum paid by them, with the addition of
interest and the costs of collection; and the said county or city, after it has
paid said amount to the United States, may, for its indemnity, sue and recover
from the wrong-doers, or rescuers, by whom the owner was prevented from
the recovery of his fugitive slave, in like manner as the owner himself might
have sued and recovered.
ARTICLE 6. No future amendment of the Constitution shall affect the five
preceding articles, nor the third paragraph of the second section of the first
article of the Constitution, nor the third paragraph of the second section of the
fourth article of said Constitution, and no amendment shall be made to the
Constitution which will authorize or give to Congress any power to abolish or
interfere with slavery in any of the States by whose laws it is or may be
allowed or permitted.
ARTICLE 7.  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, of the African race.
419 
RESOLUTIONS OF MR. SEDDON.
And whereas, also, besides those causes of dissension embraced in the
foregoing amendments proposed to the Constitution of the United States,
there are others which come within the jurisdiction of Congress, and may be
remedied by its legislative power: and whereas it is the desire of this Convention, as far as its influence may extend, to remove all just cause for the
popular discontent and agitation which now disturb the peace of the country,
and threaten the stability of its institutions: Therefore,
1. Resolved, That the laws now in force for the recovery of fugitive
slaves are in strict pursuance of the plain and mandatory provisions of the
Constitution, and have been sanctioned as valid and constitutional by the
judgment of the Supreme Court of the United States; that the slaveholding
States are entitled to the faithful observance and execution of those laws,
and that they ought not to be repealed or so modified or changed as to impair
their efficiency; and that laws ought to be made for the punishment of those
who attempt, by rescue of the slave or other illegal means, to hinder or
defeat the due execution of said laws.
2. That all State laws which conflict with the fugitive slave acts, or any
other constitutional acts of Congress, or which, in their operation, impede,
hinder, or delay the free course and due execution of any of said acts, are
null and void by the plain provisions of the Constitution of the United States.
Yet those State laws, void as they are, have given color to practices, and led
to consequences which have obstructed the due administration and execution
of acts of Congress, and especially the acts for the delivery of fugitive slaves,
and have thereby contributed much to the discord and commotion now prevailing. This Convention, therefore, in the present perilous juncture, does
not deem it improper, respectfully and earnestly, to recommend the repeal
of those laws to the several States which have enacted them, or such legislative corrections or explanations of them as may prevent their being used
or perverted to such mischievous purposes.
E. That the act of the eighteenth of September, eighteen hundred and
fifty, commonly called the fugitive slave law, ought to be so amended as to
make the fee of the commissioner, mentioned in the eighth section of the act,
equal in amount, in the cases decided by him, whether his decision be in
favor of or against the claimant. And to avoid misconstruction, the last
clause of the fifth section of said act, which authorizes the person holding a
warrant for the arrest or detention of a fugitive slave to summon to bis aid
the posse comitatus, and which declares it to be the duty of all good citizens
to assist him in its execution, ought to be so amended as to expressly limit
the authority and duty to cases in which there shall be resistance, or danger
of resistance or rescue.
4. That the laws for the suppression of the African slave-trade, and
especially those prohibiting the importation of slaves into the United States,
ought to be made effectual, and ought to be thoroughly executed, and all
further enactments necessary to. those ends ought to be promptly made.
itute offered by Mr. SEDDON was rejected by the fol
lowing vote:
420 
PROOEEDINGS OF THE CONFERENCE.
AYES.-Kentucky, Missouri, North Carolina, and Virginia-4.
NOES.-Connecticut, Delaware, Illinois, Indiana, Maine, Massachusetts,
Mfaryland, New Jersey, New York, New Hampshire, Ohio, Pennsylvania,
Rhode Island, Tennessee, Vermont, and Kansas-16.
Mr. DENT dissented from the vote of Maryland.
Mr. HOUSTON:-I wish to explain the vote of Delaware.
She has endorsed the CRrrrMEDEN resolutions. She would accept the mode of adjustment proposed by the gentleman from
Virginia.  She has adhered to her opinions as long as she thinks
it fit or expedient to do so. Under these circumstances Delaware
feels it her duty to vote for the report of the majority.  As we
desire to harmonize conflicting opinions, and to arrive at a fair
settlement, we have voted against Mr. SEDDON's amendment.
Mr. CRISFIELD:-Like Delaware, Maryland prefers the
CRrrrTEDEN plan of adjustment. That we think is now impossible. But that plan does not differ very widely from the report
of the majority.  Certainly not enough to warrant us in risking
the Union, when we can get the one and cannot have the other.
For this reason Maryland votes " No" on Mr. SEDol's proposition.
Mr. CLAY:-I gave notice some days ago that I should
offer as a substitute the CRrrTENDEN resolutions pure and undefiled-without the crossing of a "t" or the dotting of an' i."
I now offer them as follows, and demand a vote by States:
WHER EAS, the Union is in danger; and owing to the unhappy divisions
existing in Congress, it would be difficult, if not impossible for that body to
concur, in both its branches, by the requisite majority, so as to enable it
either to adopt such measures of legislation, or to recommend to the States
such amendments to the Constitution as are deemed necessary and proper to
avert that danger; and whereas, in so great an emergency, the opinion and
judgment of the people ought to be heard, and would be the best and surest
guide to their representatives: Therefore,
Resolved, That provision ought to be made by law, without delay, for
taking the sense of the people, and submitting to their vote the following
resolutions as the basis for the final and permanent settlement of those disputes that now disturb the peace of the country and threaten the existence
of the Union.
And that whereas serious and alarming dissensions have arisen between
the Northern and Southern States, concerning the rights and security of the
rights of the slaveholding States, and especially their rights in the common
territory of the United States; and whereas, it is eminently desirable and
proper that those dissensions, which now threaten the very existence of this
Union, should be permanently quieted and settled by constitutional provis
.
421 
RESOLUTIONS OF MR. CLAY.
ions, 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, That the following articles be, and hereby are, proposed and
submitted as amendments to the Constitution of the United States, which
shall be valid to all intents and purposes as part of said Constitution, when
ratified by conventions of three-fourths of the several States:
ARTICLE 1. In all the territory of the United States now held or hereafter
acquired, situate north of latitude 36~ 30', slavery or involuntary servitude,
except as a punishment for crime, is prohibited, while such territory shall
remain under territorial government. In all the territory south of said line
of latitude, slavery of the African race is hereby recognized as existing, and
shall not be interfered with by Congress; but shall be protected as property
by all the departments of the territorial government during its continuance;
and when any Territory, north or south of said line, within such boundaries
as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then Federal ratio of representation of the
people of the United States, it shall, if its form of government be republican,
be admitted into the Union on an equal footing with the original States,
with or without slavery, as the constitution of such new States may provide.
ARTIcLE 2. Congress shall have no power to abolish slavery in places under its exclusive jurisdiction, and situate within the limits of States that permit the holding of slaves.
ARTICLE 3. Congress shall have no power to abolish slavery within the
District of Columbia, so long as it exists in the adjoining States of Virginia
and Maryland, or either, nor without the consent of the inhabitants, nor
without just compensation first made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit officers
of the Federal Government or members of Congress, whose duties require
them to be in said District, from bringing with them their slaves, and holding them, as such, during the time their duties may require them to remain
there, and afterwards taking them from the District.
ARTICLE 4. Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or to a Territory in which
slaves are by law permitted to be held, whether that transportation be by
land, navigable rivers, or by the sea; and the right of transit by the owners
with their slaves in passing to or from one slaveholding State or Territory to
another, between and through the non-slaveholding States and Territories,
shall be protected.
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 have power to provide 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 oicer whose duty it was to arrest said fugitive was prevented from so
doing by violence or intimidation, or when, after arrest, said fugitive was res
422 
RESOLUTIONS OF MR. CLAY.
cued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave, under the said clause
of the Constitution and the laws made in pursuance thereof. And in all such
cases, when the United States shall pay for such fugitive, they shall have the
power to reimburse themselves by imposing and collecting a tax on the county or city in which said violence, intimidation, or rescue was committed,
equal in amount to the sum paid by them, with the addition of interest and
the costs of collection; and the said county or city, after it has paid said
amount to the United States, may, for its indemnity, sue and recover from the
wrong-doers, or rescuers, by whom the owner was prevented from the recovery of his fugitive slave, in like manner as the owner himself might have
sued and recovered.
ARTIOLE  6. No future amendment of the Constitution shall affect the five
preceding articles, nor the third paragraph of the second section of the first
article of the Constitution, nor the third paragraph of the second section of
the fourth article of said Constitution; and no amendment shall be made to
the Constitution which will authorize or give to Congress any power to abolish or interfere with slavery in any of the States by whose laws it is or may
be allowed or permitted.
ARTICLE 7. 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, of the African race.
Sec. 2. The United States shall have power t'acquire, from time to time,
districts 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 disgension embraced in the foregoing amendments proposed to the Constitution of the United States, there
are others which come within the jurisdiction of Congress, and may be remedied by its legitimate power; and whereas it is the desire of this Convention,
as far as its influence may extend, to remove all just..cause for the popular discontent and agitation which now disturb the peace of the country, and
threaten the stability of its institutions: Therefore,
1. Resolved, That the laws now in force for the recovery of fugitive slaves
are in strict pursuance of the plain and mandatory provisions of the Constitution, and have been sactioned as valid and constitutional by the judgment
of the Supreme Court of the United States; that the slaveholding States are
entitled to the faithful observance and execution of those laws, and that they 
ought not to be repealed or so modified or changed as to impair their efficiency; and that laws ought to be made for the punishment of those who attempt, by rescue of the slave or other illegal means, to hinder or defeat
the due execution of said laws.
2. That all State laws which conflict with the fugitive slave acts, or any
other constitutional acts of Congress, or which in their operation impede, hin
423 
PROCEEDINGS OF THE CONFERENCE.
der, or delay the free course and due execution of any of said acts, are null
and void by the plain provisions of the Constitution of the United States.
Yet those State laws, void as they are, have given color to practices, and led
to consequences which have obstructed the due administration and execution
of acts of Congress, and especially the acts for the delivery of fugitive slaves,
and have thereby contributed much to the discord and commotion now prevailing. This Convention, therefore, in the present perilous juncture, does
not deem it improper, respectfully and earnestly, to recommend the repeal of
those laws to the several States which have enacted them, or such legislative
corrections or explanations of them, as may prevent their being used or perverted to such mischievous purposes.
3. That the act of the eighteenth of September, eighteen hundred and
fifty, commonly called the fugitive slave law, ought to be so amended as to
make the fee of the commissioner, mentioned in the eighth section of the act,
equal in amount, in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the last clause
of the fifth section of said act, which authorizes the person holding a warrant
for the arrest or detention of a fugitive slave to summon to his aid the poss8e
comitatus, and which declares it to be the duty of all good citizens to assist
him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance, or danger of resistance or rescue.
4. That the laws for the suppression of the African slave-trade, and especially those prohibiting the importation of slaves into the United States,
ought to be made effectual, and ought to be thoroughly executed, and all further enactments necessary to those ends ought to be promptly made.
The question on agreeing to said amendment resulted in the
following yote:
AYES.-Kentucky, Missouri, North Carolina, Tennessee, and Virginia-5.
NOES.-Connecticut, Delaware, Illinois, Indiana, Maine, Massachusetts,
Maryland, New Jersey, New York, New Hampshire, Ohio, Pennsylvania,
Rhode Island, and Vermont-14.
So the amendment was not agreed to.
Mr. DENT:-I desire to dissent from the vote of Maryland.
Mr. EWING:-I desire to record the vote of Kansas in the
negative.
The PRESIDENT:-Leave will be given unless objection is
* made.
Mr. TUCK:-I hold in my hand a substitute which I pro  pose to offer for the report of the committee. I know all the
delegates have made up their minds how to vote, and what to
vote for.  Argument now will amount to but little.  But I sub  mit this as indicating to a certain extent the views of the minori
424 
ADDRESS AND RESOLUTIONS OF MR. TUCK.
ty here.   I shall make  no farther remarks, but shall pass it to
the Secretary, and I hope the Conference will be patient for five
minutes while it is read.
The proposition of Mr. TUCK was read 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 Convention, in the City of Washington. From time to time, commissioners from other States appeared, appointed as were those who first appeared, some by the Legislatures, and some by
the Governors of their respective States, until, on the 23d instant, twenty-one
States were then represented. The Convention thus constituted claims no
authorityunder the Constitution and laws; but deeply impressed with a sense
of existing dissensions and dangers, proceeded to a careful consideration of
them and their 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 afflict
our country, interrupt 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 attempts at revolution,
or which the patriotism and fraternal sentiments of the people, and the interests and honor of the whole nation, will not overcome.
In a country embracing the central and most important portion of a continent, among a people now numbering over thirty millions, diversities of
opinion inevitably exist; and rivalries, intensified at times by local interests
and sectional attachments, must often occur; yet we do not doubt that the
theory of our Government is the best which is possible for this nation, that
the Union of the States is of vital importance, and that the Constitution, which
expresses the combined wisdom of the illustrious founders of the Government, is still the palladium of our liberties, adequate to every emergency, and
justly entitled to the support of every good citizen.
It embraces in its provisions and spirit, all the defence and protection
which any section of the country can rightfully demand or honorably con
cede.
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 other nation.
Whatever branch of industry, or whatever staple production, shall become,
in the possible changes of the future, the leading interests of the country,
thereby creating unforeseen complications or new conflicts of opinion and interest, the Constitution of the United States, properly understood and fairly
enforced, is equal to every exigency, a shield and defence to all, in every time
of need. If, however, by reason of a change in circumstances, or for any
425 
REMARKS OF MR. CHASE.
cause, a portion of the people believe they ought to have their rights more exactly defined or more fully explained in the Constitution, it is their duty,
in accordance with its provisions, to seek a remedy by way of amendment
to that instrument; and it is the duty of all the States to concur in such
amendments as may be found necessary to insure equal and exact justice to
all.
In order, therefore, to announce to the country the sentiments of this Convention, respecting not only the remedy which should be sought for existing
discontents, but also to communicate to the public what we believe to be the
patriotic sentiment of the country, we adopt the following resolutions:
1st. Resolved, That this Convention recognize the well-understood proposition that the Constitution of the United States gives no power to Congress,
or any branch of the Federal Government, to interfere in any manner with
slavery in any of the States; and we are assured by abundant testimony, that
neither of the great political organizations existing in the country contemplates a violation of the spirit of the Constitution in this regard, or the procuring of any amendment thereof, by which Congress, or any department of
the General Government, shall ever have jurisdiction over slavery in any of
the States.
2d. Resolved, That the Constitution was ordained and established, as set
forth in the preamble, by the people of the United States, in order to form a
more perfect Union, establish justice, insure domestic tranquillity, provide
for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity; and when the people of
any State are not in full enjoyment of all the benefits intended to be secured
to them by the Constitution, or their rights under it are disregarded, their
tranquillity disturbed, their prosperity retarded, or their liberty imperilled by
the people of any other State, full and adequate redress can and ought to be
provided for such grievances.
3d. Resolved, That the Constitution of the United States, and the acts of
Congress in pursuance thereof, are the supreme law of the land, to which
every citizen owes faithful obedience; and it is therefore respectfully recommended to the Legislatures of the several States to consider impartially whatever complaints may be made of acts as inconsistent therewith, by sister
States or their citizens, and carefully revise their statutes, in view of such
complaints, and to repeal whatever provisions may be found to be in contravention of that supreme law.
4th. Resolved, 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 applying to Congress to call a Convention for the proposing of amendments to the Constitution of the United
States, pursuant to the fifth article thereof.
Mr. CHASE:-I have not thought it best to occupy much
of the time of the Convention in discussing the propositions  presented for its decision.   I have indeed been impressed with  an
426 
REMAEKS OF MR. CHASE.
idea that a decision:upon these propositions just now may be
premature.
I have already stated to the Conference that the delegates
from Ohio act under resolutions of the General Assembly of that
State, one of which requires them to use their influence in procuring an adjournment of this body to the 4th of April next. It
is the wish of that State that opportunity may be given for
full consideration of any constitutional amendment that may be
proposed here, and especially to avoid precipitate action under
apprehensions of resistance to the inauguration of Mr. LNCoLN
on the 4th of next month.
I have already submitted resolutions in accordance with the
views of the Legislature, and intended, at the proper time, to ask
a vote upon the proposed adjournment. On consultation with
my colleagues, however, I find a majority of them averse to postponement; and, in view of the fact that the resolution of the Legislature is not imperative in its terms, and especially in consideration of the assurances constantly given here by delegates from
slaveholding States that, whatever may be the result of our deliberations, no obstruction or hindrance will be opposed to the
inauguration of Mr. LnicLN, I have determined to forbear urging
a vote.
Upon the respective merits of the propositions of the committee, and the proposed amendments, I have  not much to say.
But what I do say will be said in all seriousness.
I do not approve the confident pledges made here of favorable
action by the people of either section, or of any State, upon whatever propositions may receive the sanction of this Conference.
The people of the free States, so far as my observation goes, do
not commit their right of judgment to anybody. They generally
exercise it themselves, and be assured they will exercise it freely
upon any proposition coming from this body. Whatever our actions may be here, every proposition to amend the Constitution
must come before the people. They will discuss it, and must
adopt it before it can become a part of the fundamental law.
Dismiss, then, the idea that all that is necessary to secure
amendments acceptable to a particular interest or section is to secure for them the sanction of a majority in this hall.
The result of the national canvass which recently terminat
0
427 
REMARKS OF MR. CHASE.
ed in the election of Mr. LnCcoLN has been spoken of by some
as the effect of a.sudden impulse, or of some irregular excite ment of the popular mind; and it has been somewhat confi dently asserted that, upon reflection and consideration, the hasti ly-formed opinions which brought about that election will be
changed. It has been said, also, that subordinate questions of
local and temporary character have augmented the Republican
vote, and secured a majority which could not have been obtained
upon the national questions involved in the respective platforms
of the parties which divide the country.
I cannot take this view of the result of the Presidential
election. I believe, and the belief amounts to absolute conviction, that the election must be regarded as the triumph of
principles cherished in the hearts of the people of the free
States. These principles, it is true, were originally asserted by
a small party only. But, after years of discussion, they have, by
their own value, their own intrinsic soundness, obtained the deliberate and unalterable sanction of the people's judgment.
Chief among these principles is the restriction of slavery
within State limits; not war upon slavery within those limits,
but fixed opposition to its extension beyond them.  Mr. LncoLN
was the candidate of the people opposed to the extension of
slavery. We have elected him. After many years of earnest advocacy and of severe trial, we have achieved the triumph of that
principle. By a fair and unquestionable majority we have secured that triumph. Do you think we, who represent this majority,
will throw it away? Do you think the people would sustain us
if we undertook to throw it away? I must speak to you plainly,
gentlemen of the South; it is not in my heart to deceive you.
I therefore tell you explicitly that if we of the North and West
would consent to throw away all that has been gained in the recent triumph of our principles, the people would not sustain us,
and so the consent would avail you nothing. And I must tell
you farther, that under no inducements whatever will we consent
to surrender a principle which we believe to be so sound and so
important as that of restricting slavery within State limits.
There are some things, however, which I think the people are
willing to do. In all my relations with them, and these relations
have been somewhat intimate, I have never discovered any de
428 
REMARS OF MR. CHASE.
sire or inclination on the part of any considerable number, to in terfere with the institution of slavery within the States where it
exists. I do not believe that any such desire anywhere prevails.
All your rights have been respected and enforced by the people
of the free States. More than this: even your claims have been
enforced, under repulsive circumstances, and, in my judgment,
beyond right and beyond constitutional obligation. When and
where have the people of the free States, in their representatives,
refused you any right?  When and where have they refused to
confer with you frankly and candidly when you imagined your
rights to be in danger?  They have been, and still are, patient
and forbearing. They do not believe that you need any new
constitutional guarantees. You have guarantees enough in their
voluntary action. But, since you think differently, they send us
hither to meet you, to confer with you, to consider the questions
which threaten the Union, to discuss them freely and decide them
fairly.
Now, gentlemen, what do we ask of you?  Do we ask any
thing unreasonable in the amendment which has been submitted?
We simply ask that you say to your people that we of the free
States have no purpose, and never had any purpose, to infringe
the rights of the slave States, or of any citizen of the slave States
And that our devotion to the Government and the Constitution
is not inferior to that of any portion of the American people.
By uniting with us in the declaration we propose, you tell your
people at home that no considerable party, that no considerable
number of persons, in the free States, has any wish or purpose
to interfere with slavery in the States where it exists, or with
any of your rights under the Constitution.  You can say this
with absolute truth, and with entire confidence. In all the action
of the delegates who favor this amendment, in all our private
consultations, every heart has been animated by a most anxious
desire to maintain the Union and preserve the harmony of the
Republic. No word has been uttered indicating the slightest wish
to avoid any obligation of the Constitution, or to deprive you
of any right under it. All concur in desiring to give effect to
the Constitution and the laws passed in pursuance of it. The
same sentiments animate the people of the free States. Congress
has declared, with the almost unanimous concurrence of the
429 
REMARKS OF MR. CHASE.
members from the free States, against national interference with
slavery in the slave States. The Chicago Convention most emphatically asserted the same doctrine. It has been reiterated
over and over again by the Legislatures of the free States, and
by great and small conventions of their people. Is it, then, too
much to ask you to unite with us in a declaration that all fears
of aggression entertained by your people are groundless? Such
a declaration will go far to insure peace; why not make it?
You profess to be satisfied with slavery, as it is and where it
is. You think the institution just and beneficial. The very
able gentleman from Virginia (Mr. SEDDos), who commands the
respect of all by the frankness and sincerity of his speech, has
said that he believes slavery to be the condition in which the
African is to be educated up to freedom. He does not believe
in perpetual slavery. He believes the time will come when the
slave, through the beneficent influences of the circumstances
which surround him, will rise in intelligence, capacity, and
character, to the dignity of a freeman, and will be free.
We cannot agree with you, and therefore do not propose to
allow slavery where we are responsible for it, outside of your
State limits, and under National jurisdiction. But we do not
mean to interfere with it at all within State limits. So far as
we are concerned, you can work out your experiment there in
peace. We shall rejoice if no evil comes from it to you or yours.
[Mr. CHASE's time having expired, he was unanimously invited
to proceed.]
Aside from thie Territorial question-the question of slavery
outside of the slave States-I know of but one serious difficulty.
I refer to the question concerning fugitives from service. The
clause in the Constitution concerning this class of persons is regarded by almost all men, North and South, as a stipulation for
the surrender to their masters of slaves escaping into free States.
The people of the free States, however, who believe that slaveholding is wrong, cannot and will not aid in the reclamation,
and the stipulation becomes therefore a dead letter.  You complain of bad faith, and the complaint is retorted by denunciations
of the cruelty which would drag back to bondage the poor slave
who has escaped from it.  You, thinking slavery right, claim
the fulfilment of the stipulation; we, thinking slavery wrong,
430 
REMARKS OF MR. CHASE.
cannot fulfil the stipulation without consciousness of participation in wrong. Hiere is a real difficulty, but it seems to me not
insuperable. It will not do for us to say to you, in justification
of non-performance, "the stipulation is immoral, and therefore
we cannot execute it; " for you deny the immorality, and we
cannot assume to Judge for you.
On the other hand, you ought not to exact from us the literal
performance of the stipulation when you know that we cannot
perform it without conscious culpability. A true solution of the
difficulty seems to be attainable by regarding it as a simple case
where a contract, from changed circumstances, cannot be fulfilled exactly as made. A court of equity in such a case decrees
execution as near as may be. It requires the party who cannot
perform to make compensation  for non-performance.   Why
cannot the same principle be appliod to the rendition of fugitives
from service?  We cannot surrender-but we can compensate.
Why not, then, avoid all difficulties on all sides, and show  respectively good faith and good will by providing and accepting
compensation where masters reclaim escaping servants and prove
their right of reclamation under the Constitution? Instead of a
judgment for rendition, let there be a judgment for compensation, determined by the true value of the services, and let the
same judgment assure freedom to the fugitive. The cost to the
National Treasury would be as nothing in comparison with the
evils of discord and strife. All parties would be gainers.
What I have just said is, indeed, not exactly to the point of
the present discussion. But I refer to this matter to show how
easily the greatest difficulties may be adjusted if approached in
a truly just, generous, and patriotic spirit.
I refer to it also in order to show you that, if we do not concede all your wishes, it is because our ideas of justice, duty, and
honor forbid, and not because we cherish any hostile or aggressive sentiments.  We will go as far as we can to meet you- come
you also as far as you can to meet us. Join at least in the declaration we propose.  Your people have confidence in you.
They will believe you. The declaration, made with substantial
unanimity by this Conference, will tranquillize public sentiment,
and give a chance for reason to resume its sway, and patriotic
counsels to gain a hearing.
431 
REMARKS OF MR. CHASE.
Do you say that after all what we propose embodies no sub stantial guarantees of immunity to slavery through the perver sion of Federal powers?  We reply that we think the Constitu tion as it stands, interpreted honestly and executed faithfully, is
sufficient for all practical purposes; and that you will find all
desirable security in the legislation or non-legislation of Congress.
If you think otherwise, we are ready to join you in recommend ing a National Convention to propose amendments to the Con stitution in the regular and legitimate way.  Kentucky, a slave
State, has proposed such a Convention; Illinois, a free State, has
joined in the proposition. Join us, then, in recommending such
a Convention, and assure us that you will abide by its decision.
We will join you and give a similar assurance.
This, gentlemen, is the proposition we make you to-day. It
is embodied in the amendment just submitted. Is it not a fair
proposition? It is a plain declaration of facts which cannot
reasonably be questioned, and a plain submission of all disputed
questions to the only proper tribunal for the settlement of such
questions —that of the American people, acting through a Na tional Convention.
The only alternative to this proposition is the proposition
that the present Congress be called upon to submit to the States
a thirteenth article embodying the amendments recommended
by the committee. In order to the submission of these amendments to the States by Congress, a two-thirds vote in each House
is necessary.  That, I venture to say, cannot be obtained.  Were
it otherwise, who can assure you that the new article will obtain
the sanction of three-fourths of the States, without which it is a
nullity?  As a measure to defeat all adjustment, I can understand this proposition. As a measure of pacification, I do not
understand it. There is, in my judgment, no peaceq in it. Gentlemen here, of patriotism and intelligence, think otherwise. I
am sorry that I cannot agree with them.
Gentlemen say, if this proposition cannot prevail, every slave
State will secede; or, as some prefer to phrase it, will resort to
revolution. I forbear to discuss eventualities. I must say, however, and say plainly, that considerations such as these will not
move me from my recognized duty to my country and its Constitution. And let me say for the people of the free States, that
432 
PROCEEDINGS OF THE CONFERENCE.
they are a thoughtful people, and are much in earnest in this
business. They do not delegate their right of private judgment.
They love their institutions and the Union. They will not sur render the one nor give up the other without great struggles and
great sacrifices. UJpon the question of the maintenance of an
unbroken Union and a whole country they never were, and it is
my firm conviction they never will be divided. Gentlemen who
think they will be, even in the worst contingency, will, I think,
be disappointed. If forced to the last extremity, the people will
meet the issue as they best may; but be assured they will meet
it with no discordant councils.
Gentlemen, Mr. LiNcoLNV will be inaugurated on the 4th of
March.  He will take an oath to protect and defend the Con stitution of the United States-of the whole-of all the United
States. That oath will bind him to take care that the laws be
faithfully executed throughout the United States. Will secession
absolve him from that oath? Will it diminish, by one jot or
tittle, its awful obligation? Will attempted revolution do more
than secession?  And if not-and the oath and the obligation
remain-and the President does his duty and undertakes to enforce the laws, and secession or revolution resists, what then?
War!  Civil war!
Mr. President, let us not rush headlong into that unfathomable gulf. Let us not tempt this unutterable woe. We offer
you a plain and honorable mode of adjusting all difficulties. It
is a mode which, we believe, will receive the sanction of the
people. We pledge ourselves here that we will do all in our
power to obtain their sanction for it. Is it too much to ask you,
gentlemen of the South, to meet us on this honorable and practicable ground? Will you not, at least, concede this to the
country?
The question on agreeing to said amendment resulted in the
following vote:
AYEs.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, and Vermont-9.
NoEs.-Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-11.
So the amendment was not agreed to.
Mr. WILMOT:-I wish now to offer an amendment which
28
)
433 
PROCEEDINGS OF THE CONFERENCE.
embraces an unconditional proposition for the call of a Convention.
Mr. BRONSON:-This has been voted down already.
Mr. WICKLIFFE:-What changes do you gentlemen from
Pennsylvania and Ohio wish to make in the report of the committee? Would you adopt that report in a General Convention?
The PRESIDENT:-The Chair rules that the amendment
offered by the gentleman from Pennsylvania is not in order.
Messrs. WILMOT, CHASE, CoRNIG, and BRONsoN then entered
their dissents from their respective States upon the substitute
offered by Mfr. TUCK.
Mr. WICKLIFFE:-I hope now that we may be permitted
to take the vote at once upon the report of the majority.
Mr. REID:-Before this vote is taken, I deem it my duty to
myself and my State to make a remark.
I came here disposed to agree upon terms that would be
mutually satisfactory to both sections of the Union. I would
agree to any fair terms now, but the propositions contained in
the report of the majority, as that report now stands, can never
receive my assent.  I cannot recommend them to Congress or to
the people of my own State. They do not settle the material
questions involved; they contain no sufficient guarantees for the
rights of the South. Therefore, in good faith to the Conference
and to the country, I here state that I cannot and will'not agree
to them.
Mr. CLEVELAND:-If the gentlemen from the South, after
we have yielded so much as we have, assert that these propositions will not be satisfactory to the slave States, I, for one, will
not degrade myself by voting for them.
Mr. WICKLIFFE:-I insist now upon taking the vote.
The PRESIDENT:-The rules of the Conference do not
require the vote to be taken upon this proposition by sections.
Mr. WICKLIFFE:-We  have not heretofore adhered to
the rules.   Let us vote then on the whole as a proposition, and
not by sections.
Mr. SEDDON:-I think we should take the vote by sections.
It is certainly within the discretion of the President to rule that
the vote may be so taken. The rules do not apply to an article
which is composed of many sections. We certainly should vote
upon them separately.
434 
PROCEEDINGS OF THE CONFERENCE.
Mr. BROCKENBROUGIH:-I desire now to get the amend ment which I have proposed once more before the Conference.
I iaove to amend by adding to the first section a clause which
shall provide that
"The rights of the slave States shall be protected by all the departments
of the territorial government during its continuance."
By the section as it now stands, the rights of the North are
absolute; those of the South should be equally clear. It is true
that the section contains a distinct recognition of the relation of
master and slave, but this recognition is in negative terms. It
is certainly the duty of the territorial legislature and government
to protect these rights wherever they are invaded. If this is so,
why not declare it in the provision?
Mr. WILMOT:-I desire to ask whether this proposition is
in order.
Mr. BROCKENBROUGIH:-I insist that it is.  I assert the
existence of certain rights, and I want these rights protected
under the Constitution. Rights without remedies are anomalies
of which the law knows nothing.
Mr. WILMOT:-I feel constrained to oppose any amend ment of this kind.
The PRESIDENT: - The Chair is inclined to rule this
amendment as not in order.
Mr. RUFFIN:-Before the final vote is taken, I wish to say
a word by way of explanation.   My colleague says he cannot
vote for the report of the committee because he does not approve
the whole of it. I do not like the first article, but the report as
a whole is a great improvement upon the Constitution as it now
stands. I think the report ought to go before the people. If
we can secure what the report proposes, we are certainly no
worse off. I wish to submit it to my people, and thus have them
to judge for themselves whether they will adopt it.
x  Mr. MOREHEAD, of North Carolina:-I would not say a
word were it not for the words that have fallen from my colleague-Governor REm.  I came here to try to save the Union.
I have labored hard to that end. I hope and believe the report
of the majority, if adopted, will save the Union. I wish to carry
these propositions before the people. I believe that the people
of North Carolina and of the Union will adopt them. Give us
435 
PROCEEDINGS OF THE CONFERENCE.
an opportunity to appeal to the generosity of the people of the
whole Union. Certainly no Southern man can object to submitting these propositions to the popular vote.
Mr. LOOMIS:-I am content to vote for the first article.
Mr. CARRUTHERS:-I only desire to say for my State that
if you will give us these propositions, Tennessee will adopt them,
and it will sink secession beyond any hope of resurection.
Mfr. BARRINGER:I cannot say that I am gratified with
the display which I have just witnessed in these appeals from the
Conference to the people. We come here to deal with facts, not
theories. I do not speak with the confidence of some with respect to the action of some of the people. I know the people of
the South, and I tell you this hollow compromise will never
satisfy them, nor will it bring back the seceded States. We are
acting for the people who are not here. We are their delegates
that have come here, not to demand indemnity for the past, but
security for the future. This is my opinion. You will see
whether I am right or not. We could stand upon the CRrrrErDEN proposition or the Virginia alternative. With Virginia in
our favor we could have stood upon either. You, gentlemen of
the North, might as well have consented to either as to the report
which is now presented. I desire the preservation of the Union;
I would go for this scheme if that would accomplish it.  But it
will not. There is great force in the statement of the gentleman
from Ohio, Mr. CHASE, in which he says there is no importance
to a scheme which goes from this Conference to the States only
by a majority of one or two States. If one or two States only,
which are here, reject this compromise, it will be rejected entirely. Once more I say it would have been better for all to have
stood upon the Virginia alternative.
Mr. STOCKTON:-I have not much to say, sir. I rise with
a sadness which almost prevents my utterance. I was born at
Princeton.  My heart has always beat for the Union.  I have
heard these discussions with pain from the commencement.
Shall we deliberate over any proposition which shall save the
Union? The country is in jeopardy. We are called upon to
save it. New Jersey and Delaware came here for that purpose,
and no other. They have laid aside every other motive; they
have yielded every thing to the general good of the country.
436 
PROCEEDINGS OF THE CONFERENCE.
The report of the majority of the committee meets their con.
currence. Republicans and Democrats alike, have dropped their
opinions, for politics should always disappear in the presence of
a great question like this. Politics should not be thought of in
view of the question of disunion. By what measure of execration
will posterity judge a man who contributed toward the dissolution of the Union? Shall we stand here and higgle about terms
when the roar of the tornado is heard that threatens to sweep
our Government from the face of the earth?  Believe me, sir,
this is a question of peace or war.
In the days of Rome, Curtius threw himself into the chasm
when told by the oracle that the sacrifice of his life would save
his country. Alas! is there no Curtius here? The alternative
is a dreadful one to contemplate if we cannot adopt these propositions and secure peace. It is useless to attempt to dwarf this
movement of the South by the name of treason. Call it by what
name you will, it is a revolution, and this is a right which the
people of this country have derived in common from their ancestors.
Mr. GUTHIRIE:-I now move that we proceed to take the
vote, and propose to take it upon the first section of the report
of the majority.
Mr. ELLIS:-I move so to amend the rule that when the
report is taken up each section and each distinct proposition
shall be voted on separately.
The PRESIDENT: I think this motion is out of order, and
the question will be taken on the motion of the gentleman from
Kentucky for the adoption of the first section, which the Secretary will now read.
SFcTioN  1. In all the present territory of the United States north of
the parallel of 36~ 30' of north latitude, involuntary servitude, except ill
punishment of crime, is prohibited. In all the present territory south of
that line, the status of persons held to involuntary service or labor, as it now
exists, shall not be changed; nor shall any law be passed by Congress or the
Territorial Legislature to hinder or prevent the taking of such persons from
any of the States of this Union to said territory, nor to impair the rights
arising from said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law.
When any Territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a
member of Congress, it shall, if its form of government be republican, be ad
437 
PROCEEDINGS OF THE OONFERENCE.
mitted into the UInion on an equal footing with the original States, with or
without involuntary servitude, as the Constitution of such State may provide.
The question on agreeing to said section resulted as follows
Indiana declining to vote:
AYES.-Delaware, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania,
Rhode Island, and Tennessee-8.
NOES.-Connecticut, Illinois, Iowa, Maine, Massachusetts, Missouri, New
York, North Carolina, New lHampshire, Vermont, and Virginia-11.
And the section was not agreed to.
The following gentlemen dissented from the votes of their
respective States: Mir. RUFFIN and Mr. MOREHEMAD, of North
Carolina; Mr. TOrEN, of Tennesse\ Mr. COALTER and Mr.
HOUGH, of Missouri; Mr. BRONso0, Mr. CoRMIG, Mr. DODGE,
Mr. WOOL, and Mr. GRANGER, of New York;  Mr. MEREDIrT
and Mr. WLMOT, of Pennsylvania; Mr. RIVrEs and Mr. SUmMERS, of Virginia; Mr. CLAY  nd Mr. BUTLER, of Kentucky;
and Mr. LoGsAN, of Illinois.
The vote was taken in the midst of much partially suppressed
excitement, and the announcement of the vote of different States
occasioned many sharp remarks of dissent or approval. After
the vote was announced, for some minutes no motion was made,
and the delegates engaged in an informal conversation.
Mr. TURNER finally moved a reconsideration of the vote.
Mr. GRANGER: —To say that I am disappointed by the
result of this vote, would fail to do justice to my feelings. I
move that the Conference adjourn until half-past seven o'clock
this evening. I think it well for those gentlemen from the slave
States especially, who have by their votes defeated the compromise we have labored so long and so earnestly to secure, to take
a little time for consideration. Gentlemen we have yielded much
to your fears, much to your apprehensions; we have gone to the
very verge of propriety in giving our assent to the committee's
report. We have incurred the censure of some of our own people, but we were willing to take the risk of all this censure in
order to allay your apprehensions. We expected you to meet us
in the path of compromise. Instead of that you reject and spurn
our propositions. Take time, gentlemen, for reflection. Beware
how you spurn this report, and incur the awful responsibility
438 
PROCEEDINGS OF THE CONFERENCE.
which will follow. Reject it, and if the country is plunged in
war, and the Union endangered, you are the men who will be
held responsible.
Mr. President, I have been deeply pained at the manner in
which some gentlemen have here spoken of the possible dissolution of this Government. When, perchance, the rude hand of
violence shall here have seized upon the muniments and archives of our country's history; when all the monuments of art
that time and treasure may here have gathered, shall be destroyed; when these proud domes shall totter to their fall, and the
rank grass wave around their mouldering columns; when the
very name of WASHINGTON, instead of stirring the blood to patriotic action, shall be a byeword and a reproach-then will this
people feel what was the value of the Union!
The motion to reconsider.was then adopted by a vote of 14
ayes to 5 noes, and the Conference adjourned to seven o'clock
and thirty minutes this evening.
EVENING SESSION-EIGHTEENTH DAY.
WAsirGTOw, TUSDAY, February 26th, 1861.
THE Conference was called to order pursuant to adjournment
by the President.,
Mr. WICKLIFFE:-I hope after some of the informal consultations which have been held since the adjournment of the
Conference this afternoon, that we may yet be able to bring our
minds together, and to adopt the propositions recommended by
the committee.  It is, however, certain that the vote had better
not be taken this evening. I therefore move an adjournment
until ten o'clock to morrow morning.
The motion to adjourn was agreed to; ayes 17, noes 3, and
the Conference adjourned.
439 
PROCEEDINGS OF THE ONFERENCOE.
NINETEENTH DAY.
WASHINGTON, WEDNESDAY, Febcary 27th, 1861.
THE Conference assembled pursuant to adjournment, and was
called to order by President TYLER. Prayer was offered by Rev.
Dr. GURLEY.
The PRESIDENT:-The  Conference will now proceed to
the consideration of the order of the day, the proposals of amendment to the Constitution reported by the majority of the committee.
Mfr. GUTHRIE:-I suppose, under the rules which the Conference has adopted, discussion of these proposals is no longer in
order. I hope now the Conference will proceed to the vote.
The opinions of each delegation are undoubtedly fixed, and cannot be changed by farther argument.
I move you, sir, the adoption of the first section of the report
as amended, which I ask to have read by the Secretary.
The section was read by the Secretary, as follows:
SECTION 1. In all the present territory of the United States north of the
parallel of 36~ 30' of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that
line, the status of persons held to involuntary service or labor, as it now
exists, shall not be changed; nor shall any law be passed by Congress or the
Territorial Legislature to hinder or prevent the taking of such persons from
any of the States of this Union to said territory, nor to impair the rights
arising from said relation; but the same shall be subject to judicial cognizance
in the Federal courts, according to the course of the common law. When
any Territory north or south of said line, within such boundary as Congress
may prescribe, shall contain a population equal to that required for a member of Congress, it shall, if its form of government be republican, be admitted
440 
PROCEEDINGS OF THE CONFERENCE.
into the Union on an equal footing with the original States, with or without
involuntary servitude, as the Constitution of such State may provide.
The vote upon said section resulted as follows:
AYES.-Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee-9.
NoES.-Connecticut, Iowa, Maine, Massachusetts, North Carolina, New
Hampshire, Vermont, and Virginia-8.
So the section was adopted.
The vote of New York being called, Mr.  KIsG, temporary
Chairman of the delegation, said:
The question arises concerning the vote of New York. Mr.
FIELD, one of the delegates from this State, is necessarily absent
from the Conference, having left to attend to the argument of a
cause in the Supreme Court noted for argument this morning.
It is his understanding, and with him that of a majority of the
delegation, that the vote of New York is to be cast against this
section, and the whole report. Under these circumstances I propose to give the vote of New York as it would be given if Mr.
FIELD was present.
Mr. CORNING: I object to this. The vote of that State
should be given as the majority of the commissioners present decide.  And I think this is a matter for the delegation, and that
the Conference has nothing to do with it.
The PRESIDENT:-An absent member cannot participate
in the control of a vote except by general leave of the Convention.
Mr. KING: —If Mr. FIELD is not to be taken into the account,
the vote of New York upon this section is divided.*
* I have not heretofore expressed my own opinions upon the action of the Conference or of delegations; but as much has been said about the vote given by New
York, or rather the division of the delegation, under which no vote was given, it is
due to the parties concerned that I should state my own understanding of the practice
of the Conference in this respect. After the rejection of the motion of Mr. CHASE
(found on page 209), and the adoption of the proposition of Mr. DENT, so80 far as my
own knowledge goes it was never deemed necessary that the entire delegation from a
State should be present in order to cast its vote. I was present all the time, and frequently cast the vote of my own State upon previous consultation with my colleagues,
when a majority of the delegation was absent. This was frequently done, to my personal knowledge, by other States: by none more frequently than Virginia. During
several of the sessions the President himself was absent, and the chair was filled for
the greater part of the time by Mr. ALEXANDER, or Mr. MOREIIEAD, of Kentucky.  I can
recall to mind several occasions when the vote of Virginia was cast by Mr. SEDDON
441 
PROCEEDINGS OF THE CONFERENCE.
Mr. EWING:-The vote of Kansas is also divided.
Mr. HIIACKLEMAN:-The vote of Indiana is divided. The
commissioners of Indiana were appointed by virtue of resolutions
passed by the Legislature of that State, which require them to
report to the Legislature any proposition before voting for it
finally, so as to commit the State either for or against it. It
is impossible, under the circumstances, to submit this proposition
of amendment to the Legislature of Indiana for approval or rejection.  Indiana, therefore, declines to vote.
Mr. SLAUGHTER:-As the delegation from Indiana declines to cast its vote, I desire to have my individual vote entered
in the affirmative upon this section.
Mr. ELLIS:-For the same reason I desire to have my vote
entered in the negative.
The following gentlemen dissented from the vote of their
respective States: Mr. CLAY and Mr. MOREHEAD, of Kentucky;
Mr. RTrFFIN and Mfr. MOREHEAD, of North Carolina; Mr. ]MEREDrrH and Mr. WILMKOT, of Pennsylvania; Mr. TOTEN, of Tennessee; Mr. COOE, of Illinois; Mr. RIVEs and Mr. SUMERs, of Virginia; and Mr. CHASE and Mr. WOLCOrTT, of Ohio.
Mr. GUTHIRIE:-I move the adoption of the second section
of the report as amended, and ask that it may be read.
The Secretary read it as follows:
SFcTIoi 2. No territory shall be acquired by the United States, except by
discovery, and for naval and commercial stations, depots, and transit routes,
without the concurrence of a majority of all the Senators from States which
allow involuntary servitude, and a majority of al the Senators from States
which prohibit that relation; nor shall territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States hereinbefore mentioned be cast as a part of the two-thirds majority necessary to
the ratification of such treaty.
The vote on the adoption of section two was taken, and resulted as follows:
AYES.-Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey,
Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-11.
NoEs.-Connecticut, Illinois, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, and Vermont-8.
alone, no other member of his delegation being present. When the question arose
upon the vote of New York, I was surprised that this point was not insisted upon; but
deeming it a matter exclusively for the delegation from that State to settle, I did not
think the case one in which others should interfere.          L. E. C.
442 
PROCEEDINGS OF THE CONFERENOE.
Xew York and Kansas were divided.
So th section was adopted.
The folldwing gentlemen dissented from tlie vote of their
States: Mr. MEREDrrH and Mr. WILMOT, of Pennsylvania  Mr.
PUFFIN and Mr. MOREHEAD, of north Carina; Mr TYLER, of
Yirginia; Mr. CLAY, of Kentncky; and Mr. IIAOKLEMAN and
Mr. ORTH, of Indiana.
Mr. GUTllIE:-I now move the adoption of the third section of the report as amended, and reqnest tliat it may be read.
The Secretary proceeded to read as follows:
SEcTIoN 3. neither the Constitution nor any amendment thereof shall be
construed to give Congress power to regulate, abolish, or control, within any
State, the relation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to interfere with or
abolish involuntary service in the District of Columbia without the consent
of Maryland and without the consent of the owners, or making the owners
who do not consent just compensation; nor the power to interfere with or
prohibit representatives and others from bringing with them to the District
of Columbia, retaining and taking away, persons so held to labor or service;
nor the power to interfere with or abolish involuntary service in places under
the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized; nor the power to prohibit
the removal or transportation of persons held to labor or involuntary service
in any State or Territory of the United States to any other State or Territory
thereof, where it is established or recognized by law or usage; and the right
during transportation, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; but not the right of transit in or through any State or Territory, or of sale or traffic, against the laws
thereof. Xor shall Congress have power to authorize any higher rate of taxation on persons held to labor or service than on land.
The bringing into the District of Columbia of persons held to labor or service for sale, or placing them in depots to be afterwards transferred to other
following vote:
AYEs.-Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia
-12.
NoEs.-Connecticut, Indiana, Iowa,  Maine, Massachusetts, New Hampshire, and Vermont-7.
New York and Kansas were divided.
So the section was adopted.
The following gentlemen dissented from the vote of their
443 
PROCEEDINGS OF THE CONFERENCE.
States:  Mr. CLAY, of Kentucky;  Mr. Coox, of Illinois; Mr.
SLAUGHTER, of Indiana; and Mr. CHASE, and lMr. WOLCOTT, of
Ohio.
Mr. GUTHlRIE:-I move the adoption of the fourth section
of the report as amended.
And the Secretary read it as follows:
SECTION 4. The third paragraph of the second section of the fourth article
of the Constitution shall not be construed to prevent any of the States, by
appropriate legislation, and through the action of their judicial and ministerial
officers, from enforcing the delivery of fugitives from labor to the person to
whom such service or labor is due.
The question on the adoption of said section resulted in the
following vote:
AYES.-Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland,
Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island,
Tennessee, Vermont, and Virginia-15.
NoEs.-Iowa, Maine, Massachusetts, and New Hampshire-4.
New York and Kansas were divided,
And the section was adopted.
The following gentlemen dissented from the vote of their
respective States: Mr. BALDwN, of Connecticut; Mr. IIACKLM A  and Mr. ORTrH, of Indiana; and Mfr. CHAsE and Mr. WOLCOTT, of Ohio.
Mr. GUTHRIE:-I now move the adoption of the fifth section of the report as amended.
It was read by the Secretary as follows:
SECTION 5. The foreign slave-trade is hereby forever prohibited; and it
shall be the duty of Congress to pass laws to prevent the importation of
slaves, coolies, or persons held to service or labor, into the United States and
the Territories from places beyond the limits thereof.
The vote on the adoption of this section resulted as follows:
AYES.-Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland,
Missouri, New Jersey, New York, New Hampshire, Ohio, Pennsylvania,
Rhode Island, Tennessee, Vermont, and Kansas-16.
NOES.-Iowa, Maine, Massachusetts, North Carolina, and Virginia-5.
So this section was adopted.
The following gentlemen dissented from the vote of their
respective States: Mr. B3ALDWN, of Connecticut; Mr. CLAY, of
Kentucky; Mr. RrwN and Mr. MOREHEAD, of North Carolina;
Mr. WOLCOTT and Mr. CHAsE, of Ohio; and Mr.  IIACKLEMA
and Mr. ORTH, of Indiana.
444 
PROCEEDINGS OF THE CONFERENCE.
Mr. GUITHRIE:-I move the adoption of the sixth section
of the report as amended, and desire that the Secretary may read
that also.
The Secretary read as follows:
SECTION 6. The first, third, and fifth sections, together with this section
of these amendments, and the third paragraph of the second section of the
first article of the Constitution, and the third paragraph of the second section
of the fourth article thereof, shall not be amended or abolished without the
consent of all the States.
The vote on the adoption of this section stood as follows:
AYES.-Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey,
Ohio, Pennsylvania, Rhode Island, Tennessee, and Kansas-11.
NoEs.-Connecticut, Indiana, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Yermont, and Virginia-9.
The State of New York was divided.
And this section was adopted.
The following gentlemen dissented from the vote of their
States:-Mr.  RUFFN and Mr.  MOREHEAD, of North Carolina;
Mr. CHAsE  and Mr. WOLcOTT, of Ohio; MIr.  Coox, of Illinois;
and Mr. SufMMERs and Mr. RIVES, of Virginia. 
Mr. GUTIRIE:-I move the adoption of the seventh section of the report, as amended.
The Secretary read as follows:
SEcTION0 7. Congress shall provide by law that the United States shall pay
to the owner the full value of his fugitive from labor, in all cases where the
marshal, or other officer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, after arrest, such fugitive was rescued by like violence
or intimidation, and the owner thereby deprived of the same; and the acceptance of such payment shall preclude the owner from further claim to
such fugitive. Congress shall provide by law for securing to the citizens of
each State the privileges and immunities of citizens in the several States.
The vote on the adoption of this section was as follows:
AYEs.-Delaware, Illinois, Indiana, Kentucky, Maryland, New Jersey,
New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, and Kansas-12.
Noxs. —Connecticut, Iowa, Maine, Missouri, North Carolina, Vermont
and Virginia-7.
The vote of New York was divided.
So this last section was also adopted.
The following gentlemen dissented from the vote of their
445 
PROCEEDINGS OF THE  CONFERENCE.
respective States:-Mr. RUNi  and Mlr. MOREHEAD, of North
Carolina; Mr. TOTTEN, of Tennessee; M]r. HACKLEMA  and Mr.
ORTH, of Indiana; and Mr. CHASE and Mr. WOLCOTT, of Ohio.
Mr. CHASE:-The sections which have been adopted severally, as a whole may not be acceptable to a majority of the
Conference. They have been adopted by different votes and
different majorities. I think a vote should be taken upon them
collectively, in order that we  may know whether, as a single
proposition, they meet the approbation of the Conference.  I
move that a vote be taken upon the several sections as a whole.
The PRESIDENT:-It is the opinion of the Chair that this
motion is not in order. Each section, when once approved by a
majority of votes, stands as the order of the Conference.  These
sections have been severally taken up, amended, and adopted,
and no further vote is necessary or proper, except by way of
reconsideration.
Mr. CHASE:-I think the motion an important one, and
with all deference, appeal from the decision of the Chair to the
Conference.
The PRESIDENT:-The question is, Shall the decision of
the Chair stand as the order of the Conference?
Mr. CHASE:-As I have no wish except to secure a fair
vote, and the opinion of the Chair may be technically correct, I
will withdraw my appeal.
Mr. FRANKLIN:-lHaving adopted the report of the committee, I think now there should be an expression of the Conference upon the question of secession. I therefore move the
adoption of the following resolution:
Resolved, As the sense of this Convention, that the highest political duty
of every citizen of the United States is his allegiance to the Federal Government created by the Constitution of the United States, and that no State of
this Union has any constitutional right to secede therefrom, or to absolve the
citizens of such State from their allegiance to the Government of the United
States.
Mr. BARRINGER:-I move to lay that resolution on the
table. This is a Convention to propose amendments to the Constitution, not to make commentaries upon that instrument.
Mr. CLEVELAND:-I ask a vote by States.
The question was taken by States, and resulted as follows:
446 
PROCEEDINGS OF THE CONFERENCE.
AYEs.-Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Ohio, Tennessee, and Virginia-9.
NoES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Pennsylvania, Rhode Island, Vermont, and Kansas-12.
And  the Convention refused to lay the resolution upon  the
table.
Mr. COALTER:-I offer the following amendment:  strike
out all after the word resolve, and insert as follows:
"The term of office of all Presidents and Vice-Presidents of the United
States, hereafter elected, shall be six years; and any person once elected to
either of said offices shall ever after be ineligible to the same office."
The amendment of Mlr. CoALTER was rejected by a viva voce
vote.
Mr. SEDDON: —I now move to amend by striking out all
after the word "resolved" in Mr. FRAxLIN's resolution, and
insert a series of amendments hitherto proposed by myself, as
follows:
To secure concert and promote harmony between the slaveholding and
non-slaveholding sections of the Union, the assent of the majority of the
Senators from the slaveholding States, and of the majority of the Senators
from the non-slaveholding States, shall be requisite to the validity of all
action of the Senate, on which the ayes and noes may be called by five
Senators.
And on a written declaration, signed and presented for record on the
Journal of the Senate by a majority of the Senators from either the nonslaveholding or slaveholding States, of their want of confidence in any officer
or appointee of the Executive, exercising functions exclusively or continuously within the class of States, or any of them, which the signers represent,
then such officer shall be removed by the Executive; and if not removed at
the expiration of ten days from the presentation of such declaration, the
office shall be deemed vacant, and open to new appointment.
The connection of every State with the Union is recognized as depending
on the continuing assent of its people, and compulsion shall in no case, nor
under any form, be attempted by the Government of the Union against a
State acting in its collective or organic capacity. Any State, by the action
of a convention of its people, assembled pursuant to a law of its legislature,
is held entitled to dissolve its relation to the Federal Government, and withdraw from the Union; and, on due notice given of such withdrawal to the
Executive of the Union, he shall appoint two commissioners, to meet two
commissioners to be appointed by the Governor of the State, who, with the
aid, if needed from the disagreement of the commissioners, of an umpire, to
be selected by a majority of them, shall equitably adjudicate and determine
finally a partition of the rights and obligations of the withdrawing State;
447 
PROCEEDINGS OF THE CONFERECE.
and such adjudication and partition being accomplished, the withdrawal of
such State shall be recognized by the Executive, and announced by public
proclamation to the world.
But such withdrawing State shall not afterwards be readmitted into the
Union without the assent of two-thirds of the States constituting the Union
at the time of the proposed readmission.
I desire to get these amendments on the Journal. It is my
duty to offer them, and I wish the Journal to show that I have
performed that duty.
Mr. FRANKLIN:-I then move to lay the amendment on
the table, and to give the gentleman leave to have it inserted in
the Journal. That will accomplish his purpose.
The question was taken on the motion to lay the amendment
on the table, and resulted in an affirmative vote.
Mr. RUFFIN:-I regard the mission of this Convention as
now performed, and I hope we shall take up no new questions,
which can only distract and divide us. I therefore move to postpone the consideration of this resolution indefinitely.
The question was taken on Mr. RuFFL's motion, with the
following result:   AYES.-Delaware, Kentucky, Maryland, Missouri, New  Jersey, North
Carolina, Ohio, Rhode Island, Tennessee, and Virginia-10.
NOES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, and
Pennsylvania-7.
The vote of New York was divided.
Messrs. DuNcw and AMES dissented from the vote of Rhode
Island.
Mr. GUTIIRIE:-It will be necessary that this proposition
be presented to Congress in an authentic form, and I suppose it
will not be necessary for the Convention to continue its sessions
until this presentation is made. I therefore offer the following
preamble:
TO THE CONGRESS OF THE UNITED STATES:
The Convention assembled upon the invitation of the State of Virginia to
adjust the unhappy differences which now disturb the peace of the Union
and threaten its continuance, make known to the Congress of the United
States that their body convened in the city of Washington on the 4th instant,
and continued in session until the 27th.
There were in the body, when action was taken upon that which is here
submitted, one hundred and thirty-three commissioners, representing the
following States: Maine, New Hampshire, Vermont, Massachusetts, Rhode
448 
PROCEEDINGS OF TiE CONFERENCE.
Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio,
Indiana, Illinois, Iowa, and Kansas.
They have approved what is herewith submitted, and respectfully request
that your honorable body will submit it to conventions in the States as an
article of amendment to the Constitution of the United States.
Mr. RANDOLPH:-I move the adoption of the preamble,
and that the same, with the propositions already adopted, be
authenticated by the present Secretary, and that all be presented
by the President of this Convention to the Senate and House of
Representatives, with a respectful request for their passage.
This motion was agreed to.
fr. BARRINGER  -As the labors of the Convention are
now closed, I presume there is no occasion for continuing the
injunction of secrecy. As notes of the proceedings have been
taken with a view, I presume, to publication, I now move that
the injunction of secrecy against speaking of the action of the
Convention, or the publication of its proceedings, be removed.
The motion of Mr. BRIEnGER was agreed to by a vivwa voce
vote.
MIr. JOHINSON:-I desire here to have printed in the Journal the following resolution.
Leave was granted to Mr. JoEnsox  as requested, and  his
resolution was as follows:
Resolved, That while the adoption, by the States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, of ordinances declaring the dissolution of their relation with the Union, is an event deeply to
be deplored; and while abstaining from any judgment on their conduct, we
would express the earnest hope that they may soon see cause to resume their
honored places in this Confederacy of States; yet to the end that such return
may be facilitated, and from the conviction that the Union being formed by
the assent of the people of the respective States, and being compatible only
with freedom, and the republican institutions guaranteed to each, cannot and
ought not to be maintained by force, we deprecate any effort by the Federal
Government to coerce in any form the said States to reunion or submission,
as tending to irreparable breach, and leading to incalculable ills; and we
earnestly invoke the abstinence from all counsels or measures of compulsion
toward them.
Mr. POLLOCK — The Committee on Finance have made an
examination of the expenses which have been incurred for printing, stationery, &c., by the Conference.  It has been already
29
1 4
449 
PROCEEDINGS OF THE CONFERENCE.
stated that the expense of printing the Journal is met by the
city of Washington.  The additional expense incurred amounts
to $735. If this is equally apportioned among the States represented it will amount to $35 each.  It is for the Conference to
decide in what manner the assessment shall be made.
Mr. BROWNE:-I offer the following resolution:
Resolved, That the report of the committee be received and accepted;
that the committee be continued, and requested to make the necessary disbursements; and that the States now pay over the sum assessed to the chairman.
And the resolution was unanimously adopted.
Mr. LOOMIS:-I take great pleasure in presenting to the
Conference the following letter, which has been addressed by the
proprietors of the hall to the Secretary. I ask that the letter
may be read, and I also offer the following resolution.
The letter was read, as follows:
C(RAFTS J. WRIGHT, ESQ.,
Secretary Conference Convention:
SIR:-Please inform the Convention that we have tendered, free of charge,
the use of our Hall and lights, which they have occupied. We hope the use
may be sanctified by restoring peace to the Union.
We are, respectfully, &c.,
J. C. & H. A. WILLARD.
February 23d, 1861.
And the resolution, which was unanimously adopted, was as
follows:
Resolved, That the thanks of this Convention are justly due, and are
hereby given, to the Messrs. Willard, for the liberal and generous tender,
free of charge, of the use of the Hall and the lights, for the purposes expressed in their letter to the Secretary; and that the Secretary be requested
to communicate to them a copy of this resolution.
Ir. DODGE offered the following resolution, and that, too, was
unanimously agreed to:
Resolved, That the thanks of this Convention are justly due and hereby
given to the Mayor and Council of the city of Washington, for their kindness
and liberality to the members of this Convention, in defraying so large an
amount of their expenses for printing and stationery, and also for the officers
to protect this hall and the members from intrusion whilst in session, and
that the Secretary be requested to communicate the same to said parties.
Oa   motion of Mr. R"DOLPH, the thanks of the Conference
450 
PROCEEDINGS OF THE CONFERENCE.
were tendered to the clergymen of the city for their services
during the Conference.
The thanks of the Conference were also presented to the Secretary and his assistants.
Mr. EWING:-I move the adoption of the following:
Resolved, That the thanks of this Convention be tendered to the President, for the dignified and impartial manner in which he has presided over
the deliberations of this body.
The resolution being seconded by Mr.  IACKLEM, it was
unanimously adopted; whereupon President TYLER, addressed the
Conference as follows:
" GENTLEMEN OF THE CONFERENCE:
"The labors of this Convention are drawing to a close.
Before we separate never in this world to meet again, I am
much pleased that the resolution you have just adopted gives me
an opportunity of uttering a few words of congratulation and
farewell.
"We came together at a most important and critical time.
One of the oldest members of the American Union, a commonwealth which had contributed its full share to the honor and
glory of the nation-having as great interests at stake as any
other member of the sisterhood of States-summoned you here
to consider new additions to our Constitution, which the experience of near three-quarters of a century had taught us were
required. I expected from the first that you would approach
the consideration of the new and important questions which
must arise here, with that patriotism and intelligence which
belongs to the descendants of the patriots of the Revolution and
the statesmen of the Convention of 1787. I have not been disappointed. In the whole course of a public life, much longer
than usually falls to the lot of man, I have been associated with
many bodies of my fellow-citizens, convened for legislative or
other purposes, but I here declare that it has never been my
good fortune to meet with an association of more intelligent,
thoughtful, or patriotic men, than that over which I have been
here called to preside. I cannot but hope and believe that the
blessing of GOD will follow and rest Upon the result of your
labors, and that such result will bring to our country that quiet
and peace which every patriotic heart so earnestly desires. I
451 
PROCEEDINGS OF THEt CONFERENCE.
thank you most sincerely for that kindness and partiality on
your part which induced you to call me to the honorable position
of your presiding officer, and for the courtesy so uniformly extended in the discharge of the responsible duties of that position.
"Gentlemen, farewell! I go to finish the work you have
assigned me, of presenting your recommendations to the two
Houses of Congress, and to ask those bodies to lay your proposals of amendment before the people of the American Union.
Although these proposals are not in all respects what I could
have desired-although I should have preferred the adoption of
thoserecommended by the Legislature of Virginia, because I know
they would have been acceptable to my own constituents, still it
is my duty to give them my official approval and support. It is
not to be expected that entire unanimity of opinion should exist
among the representatives of so large a population, and so many
diversified interests, as now comprise the Republic of the United
States. It is probable that the result to which you have arrived
is the best that under all the circumstances could be expected.
So far as in me lies, therefore, I shall recommend its adoption.
" May you have a happy and safe return to your constituents
and your families! May you all inculcate among your people a
spirit of mutual forbearance and concession; and may GOD
protect our country and the Union of these States, which was
committed to us as the blood-bought legacy of our heroic ancestors!"
Mr. WICKLIFFE:-I move that the Convention do now
adjourn, its labors having come to an end; and I would suggest
that the delegates meet informally and take leave of each other
at three o'clock this afternoon.
Mr. BRoWN moved that the Conference adjourn without day,
and his motion was adopted by the following vote:
AYEs.-Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio,
Rhode Island, Tennessee, and Vermont9.
Noxs.-Connecticut, Indiana, Missouri, North Carolina, and Pennmsylvania-5.
And the Conference adjourned without day.
I
452 
APPE ND IX.
No. I.
BEFORE the final vote was taken upon the proposals of amendment
to the Constitution of the United States, reported by the General Committee of which Mr. GurimIE was Chairman, and the votes upon the?
various substitutes offered for such proposals, there were twenty-one 
States represented in the Conference.
Maine and Iowa were represented by their respective Congressional
delegations; Tennessee, Ohio, Kentucky, Indiana, Delaware, Illinois,
New Jersey, New York, Pennsylvania, Massachusetts, Rhode Island,
and Missouri, by delegates appointed by their respective Legislatures,
under joint resolutions which are here inserted; New Hampshire, Vermont, Connecticut, Maryland, North Carolina, Indiana, and Kansas,
by delegates appointed by their respective Governors.
The resolutions of Virginia originated the call for the Conference.
Michigan, Wisconsin, Minnesota, California, and Oregon were not
represented. South Carolina, Florida, Georgia, Alabama, Mississippi,
Arkansas, and Texas had passed ordinances of secession previous to
the meeting of the Conference.  Messrs. BENJAMIN and SLIDELL, the
Senators from Louisiana, withdrew from the Senate of the United
States before the proposed amendments to the Constitution were reported to the Conference.
The following resolutions of their respective States were presented
by the delegates to the Committee on Credentials, and were ordered by
the Conference to be printed, on the motion of Mr. CHAE.*
* See page 54, Proceedings of the Conference.
i 
APPENDI
TENNESSEE.
RESOLmTIONS proposing amendments to the Con8titution of the United States.
Resolved by the General A8ssembly of the State of Tennessee, That a Convention of delegates. from all the slaveholding States should assemble at
Nashville, Tennessee, or such other place as a majority of the States cooperating may designate, on the fourth 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 slaveholding States, and urge the participation of such States in said
Convention.
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 slaveholding 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 slave 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 ini 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 by 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 equal 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. Congress shall have no power to abolish slavery in places under its
exclusive jurisdiction, and situate within the limits of States that permit the
holding of slaves.
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 either, nor without the consent of the inhabitants, nor without just
454 
APPENDIX.
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, during 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 by 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 value of
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 property of such State and the
individuals thereof.
7. No future amendment of the Constitution shall affect 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
interfere with slavery in any of the States by whose laws it is, or may be
allowed or permitted.
8. That slave property shall be rendered secure in transit through, or
whilst temporarily sojourning in, non-slaveholding States or Territories, or
in the District of Columbia.
9. An amendment to the effect that all fugitives are to be deemed those
offending the laws within the jurisdiction of the State, and who escape
therefrom to other States; and that it is the duty of each State to suppress
armed invasion of another State.
Resolved, That said Convention of the slaveholding States having agreed
upon a basis of adjustment satisfactory to themselves, should, in the opinion
of this General Assembly, refer it to a Convention of all the States, slaveholding and non-slaveholding, in the manner following:
It should invite all States friendly to such plan of adjustment, to elect
delegates in such manner as to reflect the popular will, to assemble in a
Constitutional Convention of all the States North and South, to be held at
Richmond, Virginia, on the -     day of February, 1861, to revise and perfect
such plan of adjustment, for its reference for final ratification and adoption
by a Convention of the States respectively.
Resolved, That should a plan of adjustment, satisfactory to the South, not
be acceded to by a requisite number of States to perfect amendments to the
Constitution of the UInited States, it is the opinion of this General Assembly
that the slaveholding States should adopt for themselves the Constitution of
455 
APPeDIX.
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
States of the North which are willing to abide such amended Constitution
and frame of Government, severing at once all connections with States refusing such reasonable guarantees to our future safety; such renewed conditions of Federal Union being first submitted for ratification to Convention
of all the States respectively.
Resolved, That the Governor of the State of Tennessee furnish copies of
these resolutions immediately to the Governors of the non-slaveholding
States.
OHIO.
JOINT RESOLUTIONS of the general Assembly of the State of Ohio, relative to
the appointment of Uommissioners to the Convention to meet in Washing    ton on the 4th of February, proximo.  Passed January 30, 1861.
WHEREAs, The Commonwealth of Virginia has appointed five Commissioners to meet in the City of Washington on the fourth 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 difficulties
now dividing our country, which may be alike satisfactory and honorable to
the States concerned; therefore be it
Resolved, by tAe 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 while 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 interpreted and obeyed by all sections of
our country, contains ample provisions within itself for the correction of all
evils complained, 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 transmit 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 propositions 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 fourth day of April next.
456 
APPENDS.
KENTUCKY.
REsOLUTIONS appointing Commi8sioners to attend a Conference at Washi7ng   ton City, February 4th, in accordance with the invitation of the Virginia
Legis8ature.
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 unhappy controversies, to appoint Commissioners to meet on the
4th of February next, to consider, and if practicable, agree upon some suitable adjustment   Resolved, That we heartily accept the invitation of our Old Mother Virginia, and that the following six Commissioners, viz.: Wm. O. Butler, James
B. Clay, Joshua F. Bell, G. S. Morehead, James Guthrie, and Chas. A. Wickliffe, 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 day 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 a]justment requiring amendments to the Federal Constitution, 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.
Resolved, That if said Commissioners cannot agree on 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~ 30', and provide that slavery of the African race shall
be effectually protected as property therein during the continuance of the
Territorial Government; and the fourth article shall secure to the owners
of slaves the right of transit with their slaves between and through the nonslaveholding 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 Executive of the respective States.
i I
467 
APPENDIX.
INDIANA.
A JOlnT RESOLUTION authorizing the' Governor to appoint Conmis8sioners to
meet those sent by other States in Convention on the state of the UTnion.
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 controversies, 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 already responded and appointed their Commissioners; therefore,
-Resolved, by the General Assembly 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 tha
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 fully satisfied that the Constitution, if fairly interpreted and obeyed, contains ample provisions 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 herein 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 resolutions to the Executives of each of the States of the
Union.
DELAWARE.
JOInT RESOLuTIONS appointing Commissionert.
WnmimAS, 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 fourth day of February next, for the purpose of taking
458
0 
APPENDIx.
into consideration and perfecting some plan of adjusting the matters in controversy now so unhappily subsisting in the family of States, and has
appointed five Commissioners to represent the people of that Commonwealth
in said Convention; and
Whereas, the people of the State of Delaware regard the preservation
of the Union as paramount to any political consideration, and are fixed in
their determination that Delaware, the first to adopt the Federal Constitution, will be the last to do any act tending to destroy the integrity of the
Union; therefore,
Be it resolved by the Senate and House of Representatives of the State of
Delaware in General Assembly met, That the Hon. George B. Rodney, Daniel
M. Bates, Esq., Dr. Henry Ridgley, Hon. John W. Houston, and William
Cannon, Esq., be, and they are hereby appointed Commissioners, on behalf
of the State of Delaware, to represent the people of said State in the Convention to be held at Washington, on the fourth day of February next. 
Resolved, That in the opinion of this General Assembly, the people of
Delaware are thoroughly devoted to the perpetuity of the Union, and that
the Commissioners appointed by the foregoing resolution are expected to
emulate the example set by the immortal patriots who framed the Federal
Constitution, by sacrificing 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 the Commissioners herein and hereby appointed, duly attested under the great seal
of the State.
Resolved, further, That immediately upon the adoption of the foregoing
preamble and resolutions, 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 certified, 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 the appointment of Commissioners by the several States to meet in Convention, on the fourth day
of February, A. D. 1861, at Washington.
Resolved by 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 this State be requested to appoint five Commissioners
on the part of the State of Illinois, to confer and consult with the Commissioners of other States who shall meet at Washington: Provided, That said
Commissioners shall at all times be subject to the control of the General
Assembly of the State of Illinois.
459 
APPENDIX.
Resolved, That the appointment of Commissioners by the State of Illinois,
in response to the invitation of the State of Virginia, 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 slaveholding States
adequate guarantees for the security of their rights, nor an approval of the
basis of settlement of our difficulties proposed by the State of Virginia, but
it is an expression of our willingness to unite with the State of Virginia in
an earnest effort to adjust the present unhappy controversies 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 present distract our harmony as a nation, we also insist that the appropriate and constitutional method of considering and acting upon the 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 fifth article of that instrument; and if the States deeming themselves
aggrieved, shall request Congress to call such Convention, the Legislature of
Illinois will and does concur in such call.
NEW JERSEY.
JOrNT RzSOLIUTIONS in relation to the  Union of the States.
WHEREAS, the people of New Jersey, conforming to the opinion of "the
Father of his Country," 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 their tranquillity at home and
peace abroad, of their prosperity, and of that liberty which they so highly
prize; and properly estimating the 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 political safety and prosperity;
therefore,
1. Be it resolved by the Senate and General Assembly of the State of Neto
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 be 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 Constitution was adopted in a spirit of
mutual compromise and concession by the people of the United States, and
can only be preserved by the constant recognition of that spirit.
3. And be 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 country, it is equally certain that forbearance and compromise
are indispensable at this crisis to the perpetuity of the Union, and that it is
460 
APPENDIX.
the dictate of reason, wisdom, and patriotism, peacefully to adjust whatever
differences exist between the different sections of the country.
4. And be it resolved, That the resolutions and propositions submitted to
the Senate of the United States by the Honorable John J. Crittenden, of
Kentucky, for the compromise of the questions in dispute between the people
of the northern and of the southern States, or any other constitutional
method that wnll permanently settle the question of slavery, will 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 be it resolved, That as the Union of the States is in imminent
danger unless the remedies before suggested be speedily adopted, then, as a
last resort, the State of 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 United States) to propose amendments to said Constitution.
6. And be it resolved, That such of the States as have in force laws which
interfere with the constitutional rights of citizens of the other States, 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 the Union, to repeal all such laws.
7. And be 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 be 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 have been, or may be hereafter appointed, to meet at Washington
on the fourth day of February next.
9. And be it resolved, That copies of the foregoing resolutions be sent to
the President of the Senate and Speaker of the Hlouse of Representatives of
the United States, and to the Senators and Representatives in Congress from
New Jersey, and to the Governors of the several States.
NEW YORK.
CONOUPENT REsOLUTIONs appointing Commissioners from this State to meet
Commissioners from other States at Washington, on invitation of Vir   ginia.
WHREAS, the State of Virginia, by resolutions of her General Assembly,
passed the 19th instant, has invited such of the slaveholding and non-slave
461 
APPENDI
holding States as are willing to unite with her, to meet at Washington, on the
fourth of February next, to consider, and, if practicable, agree on some suitable adjustment of our national difficulties; and whereas, the people of New
York, while they 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 confer with their brethren upon all alleged
grievances; and to do all that can justly be required of them to allay discontent; therefore
Resolved, That David Dudley Field, William Curtis Noyes, James S. Wadsworth, James C. Smith, Amaziah B. James, Erastus Corning, Addison Gardiner, Greene C. Bronson, William E. Dodge, Ex-Governor John A. King, and
Major-General John E. Wool, be and are hereby appointed Commissioners,
on the part of this State, to meet Commissioners from other States, in the
City of Washington, on the fourth 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 fit 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, That in thus acceding to the request of Virginia, it is not to be
understood that this Legislature approves of the propositions submitted by
the General Assembly of that State, or concedes the propriety of their adoption by the proposed Convention. But while adhering to the position she
has 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 difficulties, and the restoration of peace and harmony to the country.
Resolved, That the Governor be requested to transmit a copy of the foregoing resolutions to the Executive of the several States, and also to the President of the United States, and to inform the Commissioners without delay
of their appointment.
Resolved, That the foregoing resolutions be transmitted to the honorable
the Senate, with a request that they concur therein.
PENNSYLVANIA.
RESOLUTIONS to appoint Commissioners to a Convention of the States.
WHEREAS, the Legislature of the State of Virginia has invited a meeting
of Commissioners from the several States of this Union, to be held in the
City of Washington, on the fourth day of February next, to consider, and if
practicable, agree upon some suitable adjustment of the unhappy differences
which now disturb the business of the country and threaten the dissolution
of this Union:
And whereas, in the opinion of this Legislature, no reasonable cause exists
for this extraordinary excitement which now pervades some of the States,
in relation to their domestic institutions, and while Pennsylvania still ad
462 
APPENDIX.
heres to, and cannot surrender the principles which she has always entertained on the subject 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, by such means as may be consistent with the principles
upon which the Constitution is founded; therefore,
Resolved by the Senate and House of Representatives of the Commonwealth
of Pennsylvania in General Assembly met, That the invitation of the Legislature of Virginia to her sister States, for the appointment of Commissioners
to meet in the City of Washington, 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 such 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 the prompt and final settlement of the difficulties which
now exist: Provided, That the said Commissioners shall be subject, in all
their proceedings, to thie 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
UJnited 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 adoption of any proper constitutional measures
adequate 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.
M3ASSACHUSETTS.
RESOLVE for the appointment of Commi8sioners to attend a Convention to be
held in the City of Wcahington.
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 whereas, 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
&63 
APPENDIX.
advice and consent of the Council, be and he hereby is authorized to appoint
seven persons as Commissioners, to proceed to Washington to confer with the
General Government, or with the separate States, or with any association of
delegates from such States, and to report their doings to the Legislature at
its present session; it being expressly declared that their acts shall be at all
times under the control, and subject to the approval or rejection of the
Legislature.
RHODE ISLAND.
WmtRE~s, the General Assembly of the Commonwealth of Virginia, on
the 19th day of January inst., adopted resolutions inviting the sister States
of this Union to appoint Commissioners to meet on the fourth day of February
next, in the City of Washington, to consider the practicability of agreeing on
terms of adjustment of our present national troubles:
Resolved, That the Governor be, and he is hereby authorized to appoint
five Commissioners, on the part of this State, to meet such Commissioners as
may be appointed by other States, in the City of Washington, on the fourth
day of February next, to consider and, if practicable, agree upon some amicable
adjustment of the present unhappy national difficulties, upon the basis and
in the spirit of the Constitution of the United States.
MISSOURI.
JOlrT RESOLUTION to appoinit Commissioner8.
Resolved by the House of Representatives, the Senate concurring thereon,
That Waldo P. Johnson, John D. Coalter, A. W. Doniphan, Harrison Hough,
and A. H. Buckner be appointed Commissioners 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.
464 
APPEND)IX.
No. II.
The following is a corrected list of the Delegates to the Conference,
with their respective post office address.
MArNE.-William P. Fessenden, Biddeford; Lot M. Morrill; Daniel E.
Somes, Biddeford; John J. Perry, Oxford; Ezra B. French, Damariscotta;
Freeman H. Morse, Bath; Stephen Coburn; Stephen C. Foster, Pembroke.
NEW HA1MPSHIRE.-Amos Tuck, Exeter; Levi Chamberlain; Asa Fowler,
Concord.
YEREMONT.-Hiland Hall, North Bennington; Levi Underwood, Burling ton; H. Henry Baxter, Rutland; L. E. Chittenden, Burlington;  B. D.
Harris, Brattleboro'.
MASSACrHUSETTS.-John Z. Goodrich, Stockbridge; Charles Allen, Worcester; George S. Boutwell, Groton;  Theophilus P. Chandler, Boston;
Francis B. Crowninshield, Boston; John M. Forbes, Salem; Richard P.
Waters, Salem.
RaODE ISLAND.-Samuel Ames, Providence; Alexander Duncan, Providence; William W. Hoppin, Providence; George HI. Browne, Providence;
Samuel G. Arnold, Providence.
CoNECTICUT.-Roger S. Baldwin, Windham; Chauncey F. Cleveland;
Charles J. M]cCurdy, Lyme;  James T. Pratt; Robbins Battell; Amos S.
Treat, Bridgeport. 
NEW YoTR.-David Dudley Field, -New York; William Curtis Noyes,
New York; James S. Wadsworth, Geneseo; James C. Smith, Canandaigua;
Amaziah B. James, Ogdensburg; Erastus Corning, Albany; Francis Granger,
Canandaigua; Greene C. Bronson, NeYw York; William E. Dodge, -Yew
York; John A. King, Jamaaica; John E. Wool, Troy.
NEw JERsEy.-Charles S. Olden, Princeton; teter D. Vroom, Trenton;
Robert F. Stockton, Princeton; Benjamin Williamson, Elizabeth; Joseph
F. Randolph, Trenton; Frederick T. Frelinghuysen, _cewark; Rodman M.
Price, Harrison, Hudson Co.; William C. Alexander, P. 0., 92 Broadway,
YV. Y.; Thomas J. Stryker, Trenton.
PENNSYLvANIA.-James Pollock, Milton; William M. Meredith, Philadelphia; David Wilmot, Towanda; A. W. Loomis, Pittsburg; Thomas E.
Franklin, Lancaster; William McKennan,  Washington; Thomas White,
Indiana.
DELAwARE.-George B. Rodney,`Newcastle; Daniel M. Bates, Wilmington; Henry Ridgely, IDover; John W. Houston, Milford; William Cannon,
Bridgeville.
MARYLAND.-John F. Dent, Milestown; Reverdy Johnson, Baltimore;
John W. Crisfield, Princess Ann; Augustus W. Bradford, Govanstown;
William T. Goldsborough, Gambridge; J. Dixon Roman, Hagerstown;
Benjamin C. Howard, Catonville.
30
465 
APPENDIX.
VIRGNIA.-John Tyler, Sherwood Forest; William C. Rives; John W.
Brockenbrough, Lexington; George W. Summers, Kanawha C. H.; James
A. Seddon, Goochland.
NORTHI CAROLINA.-George Davis, Wilmington; Thomas Ruffin, Graham; David S. Reid, Pleasantville: D. M. Barringer, Raleigh; J. M. Morehead, Greenboro'.
TENEssEE.-Samuel Milligan, Greenville; Josiah M. Anderson, Walnut
Valley; Robert L. Carruthers, Lebanon; Thomas Martin, Pulaski; Isaac R.
Hawkins, Huntington; A. W. O. Totten, Jackson; R. J. McKinney, Knoxville; Alvin Cullom, Livingston;  William P. Hickerson, Manchester;
George W. Jones, Fayetteville; F. K. Zollicoffer, Nashville; William H.
Stephens, Jackson.
KENTUcxY.-William O. Butler, Carrollton; James B. Clay, Ashland;
Joshua F. Bell, I)anville; Charles S. Morehead, Louisville; James Guthrie,
Louisville; Charles A. Wickliffe, Bardstown.
MISSOURiL-.-John D. Coalter, St. Louis; Alexander W. Doniphan, Liberty; Waldo P. Johnson, Osceolo; Aylett H. Buckner, Bowling green;
Harrison Hough, Charleston.
Onio.-Salmon P. Chase, Columbus; William S. Groesbeck, Cincinnati;
Franklin T. Backus, Cleveland; Reuben Hitchcock, Cleveland; Thomas
Ewing, Lancaster; V. B. Horton, Pomeroy; C. P. Wolcott, Akron.
INDIANA.-Caleb B. Smith, Indianapolis; Pleasant A. Hackleman, Rush,ville; Godlove S. Orth, Lafayette; E. W. H. Ellis, Goshen; Thomas O.
Slaughter, Corydon.
ILLINOIS.-John Wood, Quincy; Stephen T. Logan, Springfield; John
M. Palmer, Carlinville; Burton C. Cook, Ottowa; Thomas  J. Turner,
Freeport.
IowA.-James Harlan, Mt. Pleasant; James W. Grimes, Burlington;
Samuel H. Curtis, Keokuk; William Vandever, Dubuqgue.
KANSAS.-Thomas Ewing, jr., Leavenworth; J. C. Stone, Leavenworth;
H. J. Adams, Leavenwortll; M. F. Conway, Lawrence.
No.- III.
In the United States Senate, February 27th, 1861, while the Army
Appropriation bill was under consideration, proceedings relating to the
Peace Conference were opened as follows:
Mr. POWELL:-Is it in order to move to postpone this bill and
take up another?
The PRESIDING OFFICER: - The Chair believes it is in
order.
Mr. POWELL: -I move to postpone the Army bill for the
466 
APPENDIX.
purpose of taking up the resolutions to amend the Constitution proposed by my colleague. For several weeks Senators have declined to
make an effort to call up the propositions of my colleague, for the
reason that certain Peace Commissioners were in session in this capital,
convened at the call of the State of Virginia. I am confident now that
that Commission, or Peace Congress, or Conference, or whatever you may
call it, will not accomplish any thing. Indeed, certain facts have fallen
under my notice, that cause me to believe that it has been the fixed
purpose of certain Republicans that that Conference should not accomplish any thing. I believe, sir, that certain commissioners from States
of this Union have been brought into that Conferenbe for the purpose
of preventing them from agreeing on any thing. I have thought that
for some time past. A friend sent tb me yesterday the'Detroit Free
Press, containing two letters from the distinguished Senators from the
State of Michigan to their Governor, which, I think, clearly and fully
establish the fact that the Republicans, a portion of them at least,
instead of sending commissioners to that Conference with a view to
inaugurate something that would compromise the difficulties by which
we are surrounded, and save this country from ruin, have absolutely
been engaged in the work of sending delegates there to prevent that
commission from doing any thing. I send this paper to the desk, and
ask the Secretary to read these letters.
The Secretary read as follows:
WASHINGTON, February 15th, 1861.
DEAR SIR:  When Virginia proposed a Convention in Washington, in
reference to the disturbed condition of the country, I regarded it as another
effort to debauch the public mind, and a step toward obtaining that concession which the imperious slave power so insolently demands. I have no doubt
at present but that was the design. I was therefore pleased that the Legislature of Michigan was not disposed to put herself in a position to be controlled by such influences.
The Convention has met here, and within a few days the aspect of things
has materially changed. Every free State, I think, except Michigan and Wisconsin, is represented; and we have been assured by friends upon whom we
can rely, that if those two States should send delegations of true, unflinching
men, there would probably be a majority in favor of the Constitution as it
is, who would frown down rebellion by the enforcement of laws. These
friends have urged us to recommend the appointment of delegates from our
State; and, in compliance with their request, Mr. CIANDLER and myself
telegraphed to you last night. It cannot be doubted that the recommendations of this Convention will have a very considerable influence upon the
public mind, and upon the action of Congress.
I have a great disinclination to any interference with what should properly
467 
APPENDIX.
be submitted to the wisdom and discretion of the Legislature, in which I
place great reliance; but I hope I shall be pardoned for suggesting that it
may be justifiable and proper, by any honorable means, to avert the lasting
disgrace which will attach to a free people who, by the peaceful exercise of
the ballot, have just released themselves from the tyranny of slavery, if they
should now succumb to treasonable threats, and again submit to a degrading
thraldom. If it should be deemed proper to send delegates, I think, if they
could be here by the 20th, it would be in time.
I have the honor, with much respect, to be truly yours,
K. S. BINGHAM.
To his Excellency Governor BLAiR.
Mr. FESSENDEN:-I submit whether it is in order to go into a
discussion on this motion. If so, I suppose this must be regarded as a
part of the speech.
The PRESIDING OFFICER:-The Chair understood the discussion to be in order. It was certainly not objected to at the time the
Senator commenced.
Mr. FESSENDEN:-It is not too late to raise the point.
The PRESIDING  OFFICER:-The  motion is to lay aside one
bill and take up other business; and the Chair understood the Senator
from Kentucky to be giving his reasons why he wished that to be done.
Mr. FESSENDEN:-If it is in order, of course I cannot object to
it; but I raise that question.
The PRESIDING  OFFICER:-The  Senator from Maine raises
the question whether this debate is in order.
Mr. POWELL:-There was no objection to my proceeding, and I
suppose I have a right to go on. I wish the letters read as part of my
speech.
Mr. FESSENDEN:-There is no objection to reading them.
The PRESIDING  OFFICER:-The Chair has decided that the
Senator from Kentucky is in order.
Mr. POWELL  -I have not yielded, except for the purpose of
reading these letters.
The PRESIDING OFFICER: -Is an appeal taken from the
decision of the Chair?
Mr. FESSENDEN  -I take no appeal.
The Secretary read as follows:
WASHINGTON, February 11th, 1861.
MY DEAR GOVERNOR: Governor BINGIIAM and myself telegraphed you on
Saturday, at the request of Massachusetts and New York, to send delegates
to the Peace or Compromise Congress. They admit that we were right and
that they were wrong; that no Republican State should have sent delegates;
but they are here and cannot get away. Ohio, Indiana, and Rhode Island
468 
APPENDIX.
are caving in, and there is danger of Illinois; and now they beg us, for God's
sake, to come to their rescue, and save the Republican party from rupture.
I hope you will send stiff-backed men, or none. The whole thing was gotten
up against my judgment and advice, and will end in thin smoke. Still, I
hope as a matter of courtesy to some of our erring brethren, that you will
send the delegates.
Truly your friend,
Z. CHANDLER.
His Excellency AUSTIN BLAIR.
P. S.-Some of the manufacturing States think that a fight would be
awful. Without a little blood-letting this Union will not, in my estimation,
be woth a rush.
Mr. POWELL:-I think it evident from these letters, that there is,
and has been, a fixed purpose in certain quarters, that the Peace Conference should do nothing. Indeed, it seems, from the letter of the
Senator from Michigan [Mr. CHANDLER], that while he opposed any
Republican State going into this Conference, yet, as some of them were
there, and Indiana, and Illinois, and Ohio, and Rhode Island were
about to cave in, on the advice of Massachusetts and New York he
asked Michigan to come in and relieve them, and save the Republican
party from rupture. Is it possible that the Republican party is to be
saved, even if the Union be destroyed?  It is very evident that those
" stiff-backed" gentlemen were to be sent here in order to prevent any
compromise being presented.   The object, then, as I stated, on the
part of certain members on the other side of the Chamber, has been to
send delegates to the Conference for the purpose of preventing any
compromise measures being proposed by that body. They desire, in
the language of these letters, to save their party from destruction.
They say that if the Conference should agree on any thing, it would
have a demoralizing effect upon the people, and upon the two Houses
of Congress. In one word, it will have the effect to make a rupture in
the Republican party, which, in the estimation of the Senators, is
higher, holier, and better, it seems, than the Union.
In consequence of this fact being apparent, that it is not the design
or the intention that the Peace Conference should do any thing, I think
we should not wait for it any longer, but the Senate should proceed at
once to the consideration of the amendments to the Constitution proposed by my colleague. I think we had better be engaged in that work
-one that is calculated, if the propositions of my colleague should pass,
in my opinion, to save the country from further disintegration. I think
we had better be at that, than be appropriating money to support an
Army that is to be engaged, it seems, in the work of blood-letting.
469 
APPENDIX.
The Senator from Michigan thinks the Government is not worth a rush
until it shall have drawn a little blood. I hope my motion will prevail.
and that we shall lay this bill aside and proceed to the consideration
of the measures proposed by my colleague.
Mr. CHANDLER:-The Senator from  Kentucky has read what
purports to be a short note that I sent the other day to the Governor
of Michigan. Whether it is a correct copy or not, I cannot say; I
kept no copy of it, nor do I care.
Mr. POWELL:-If the Senator will allow me one word, I will
state to the Senate that, when I received this paper, yesterday   Mr. CHANDLER:-I was about to state that.
Mr. POWELL:-I asked both the Senators if the letters were
right. They told me they kept no copies, but they believed they were
substantially so.
Mr. CHANDLER:-I was going to say that.  Now, sir, I desire
to answer the Senator from Kentucky, and to set myself right on this
question-(my position from the first has been well known upon this
question, and upon most others)-but, at the earnest solicitation of the
Senator from Maine, who has charge of this bill, I will forego the
response which I intended to make, and which I shall make to the
Senator from Kentucky, for the present, for the purpose of going on
and disposing of the Army appropriation bill. At another day I propose to give my views more at large upon these compromise measures,
that the Senator from Kentucky seems so anxious to take up at this
time. I am as anxious as he is to go into that discussion. I am
anxious to go into it. It is a question that ought to be discussed. It is
a question in which the people of Michigan take a deep interest.  They
are opposed to all compromises; they do not believe that any comprQmise is necessary; nor do I. They are prepared to stand by the Constitution of the United States as it is; to stand by the Government as
it is; ay, sir, to stand by it to blood, if necessary.
Mr. POWELL:-I ask for the yeas and nays on my motion.
The yeas and nays were ordered.
Mr. MASON:-I ask the general permission of the Senate to give
notice that at three o'clock I shall move to go into executive session;
and if it is not agreed to, I shall then ask that the galleries may be
cleared, for  the purpose of disclosing what I consider ought to be
passed on in executive session.
Mr. JOHNSON, of Tennessee:-If I can obtain the attention of
the Senator from Kentucky, I wish to make a suggestion. Those
resolutions, as I understood, went over until last Monday at one o'clock,
470 
APPENDIX.
and were then to be taken up and considered.  I do not know whether
the motion was made in that way, or whether it was an informal understanding that they should be taken up last Monday for consideration;
but as the Army bill is now under consideration, and the time is growing short, would it not be better to have a night session, and postpone
the subject until seven o'clock this evening, and let it be taken up at
that time; and then let this other bill go on to-day? Those who want
to make speeches on those resolutions could do it to-night; we should
thus save time and expedite business.
Mr. FESSENDEN:-I think the Senator from Virginia has given
an additional very good reason for taking up the Army bill, and going
through with it; and not postponing it for speeches at the present
time.
The question being taken by yeas and nays, resulted-yeas 17,
nays 27; as follows:
YEAS.-Messrs. Bayard, Bigler, Bragg, Bright, Clingman, Douglas, Fitch,
Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Polk,
Powell, and Rice —17.
NAYs.-Messrs. Anthony, Baker, Bingham, Cameron, Chandler, Clark,
Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale,
Hiarlan, King, Morrill, Pearce, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and Wilson-27.
So the motion to postpone the Army bill, in order to take up the
resolutions of Mr. CRITTENDEN, was not agreed to.
Subsequently the following action, by the Senate, was taken on the
report of the Peace Conference.
The VICE-PRESIDENT: —The Chair has received a communication from Ex-President TmER, as President of the Conference which
has been recently sitting in this city, which he will lay before the Senate; and also the proceedings of that body.
The Secretary read the communication, as follows:
To the Senate of the United States:
I am instructed, as the presiding officer of the Convention, composed of
Commissioners appointed by twenty-one States, now in session in this city to
deliberate upon the present unhappy condition of the country, to present to
your honorable body the accompanying request and proposed amendment.
JOIIN TYLER,
President of the Convention.
WASHINGTON, D. C., February 27, 1861.
To the Congress of the UTnited States:
The Convention assembled, upon the invitation of the State of Virginia,
to adjust the unhappy differences which now disturb the peace of the Union,
471 
AP4lPENDIX.
and threaten its continuance, make known to the Congress of the United
States that their body convened in the City of Washington on the fourth instant, and continued in session until the twenty-seventh.
There were in the body, when action was taken upon that which is here
submitted, one hundred and thirty-three Commissioners, representing the following States: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois, Iowa, Wisconsin, and Kansas. They have approved what is
herewith submitted, and respectfully request that your honorable body will
submit it to conventions in the States as article thirteen of the amendments
to the Constitution of the United States.
J. HENRY PULESTON,
Secretary.
ARlTICLE XIII.
SEc. 1.  In all the present territory of the United States north of the
parallel of 36~ 30' of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line,
the status of persons held to involuntary service or labor, as it now exists,
shall not be changed; nor shall any law be passed by Congress or the TeiTitorial Legislature to hinder or prevent the taking of such persons from any
of the States of this Union to said territory, nor to impair the rights arising
from said relation; but the same shall be subject to judicial cognizance in the
Federal courts, according to the course of the common law. When any
Territory north or south of said line, within such boundary as Congress may
prescribe, shall contain a population equal to that required for a member of
Congress, it shall, if its form of government be republican, be admitted into
the Union on an equal footing with the original States, with or without involuntary servitude, as the constitution of such State may provide.
SEc. 2. No territory shall be acquired by the United States, except by
discovery and for naval and commercial stations, depots, and transit routes,
without the concurrence of a majority of all the Senators from States which
allow involuntary servitude, and a majority of all the Senators from States
which prohibit that relation; nor shall territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States hereinbefore mentioned be cast as a part of the two thirds majority necessary to
the ratification of such treaty.
SEc. 3. Neither the constitution, nor any amendment thereof, shall be
construed to give Congress power to regulate, abolish, or control, within any
State, the relation established or recognized by the laws thereof touching
persons held to labor or involuntary service therein, nor to interfere with or
abolish involuntary service in the District of Columbia without the consent
of Maryland and without the consent of the owners, or making the owners
who do not consent just compensation; nor the power to interfere with or
prohibit Representatives and others from bringing with them to the District
472 
APPENDIX.
of Columbia, retaining, and taking away, persons so held to labor or service;
nor the power to interfere with or abolish involutary 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 xecognized by law or usage, and the right
during transportion, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; but not the right of transit in or through any State or Territory, or of sale or traffic, against the laws
thereof. Nor shall Congress have power to authorize any higher rate of
taxation on persons held to labor or service than on land. The bringing into
the District of Columbia of persons held to labor or service, for sale, or placing them in depots to be afterwards transferred to other places for sale as
merchandise, is prohibited.
SEc. 4.  The third paragraph of the second section of the fourth article
of the Constitution shall not be construed to prevent any of the States, by
appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person
to whom such service or labor is due.
SEc. 5. The foreign slave-trade is hereby forever prohibited; and it shall
be the duty of Congress to pass laws to prevent the importation of slaves,
coolies, or persons held to service or labor, into the United States and the
Territories from places beyond the limits thereof.
SEc. 6. The first, third, and fifth sections, together with this section of
those amendments, and the third paragraph of the second section of the first
article of the Constitution, and the third paragraph of the second section of
the fourth article thereof, shall not be amended or abolished without the
consent of all the States.
Sxo. 7.  Congress shall provide by law that the United States shall pay
to the owner the full value of his fugitive from labor, in all cases where the
marshal, or other officer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, after arrest, such fugitive was rescued by like violence
or intimidation, and the owner thereby deprived of the same; and the acceptance of such payment shall preclude the owner from further claim to such
fugitive. Congress shall provide by law for securing to the citizens of each
State the privileges and immunities of citizens in the several States.
Mr.  MASON  -I suppose the proper disposition is to have it
printed.
Mr. CRITTENDEN:-There is nothing to print.
Mr. GREEN:-And refer it to the Committee for the District of
Columbia.   I think that is about right.
Mr. CRITTENDEN:-I move that it be referred to a select com.
mittee, with instructions to report to-morrow morning.
473 
APPENDIX.
Mr. MASON:-We ought certainly to have it printed.
Mr. DOUGLAS:-It can be printed in the mean time.
Mr. FESSENDEN:-We should have time to look at it.
The VICE-PRESIDENT:-It is moved that the communication
be printed and referred to a select committee, with instructions to report to-morrow morning.
Mr. BIGLER:-I would be glad to make a suggestion to the Senator from Kentucky, that he name in addition an hour to-morrow at
which the consideration of the report shall be in order, or else a single
objection will throw it over to the next day.
Mr. CRITTENDEN:-Well, to-morrow at twelve o'clock, I would
say. [" One."] I move one o'clock.
Mr. BIGLER:-With instructions to the committee to report tomorrow morning, and that the report be the special order at one o'clock?
Mr. CRITTENDEN:-Yes, sir.
The VICE-PRESIDENT:-Does the Senator indicate the number
of the committee?
Mr. GREEN:-Seventeen.
Mlr. DOUGLAS:-Five is enough.
Mr. CRITTENDEN:-A committee of five; no more.
Mr. COLLAMER:-I would suggest to gentlemen not only that
it be made the order of the day for twelve o'clock to-morrow, but that
it be adopted by three-fourths of the States the next day. [Laughter.]
The VICE-PRESIDENT:-It is moved  and seconded that the
communication be printed and referred to a select committee of five
members, to report to-morrow at one o'clock.
Mr. HALE:-I ask for a division of the question.
The VICE-PRESIDENT:-The first question will be on printing.
The motion to print was agreed to.
The VICE-PRESIDENT:-The next question is that the communication be referred to a select committee of five, with instructions
to report to-morrow at one o'clock.
Mr. HALE:-I ask for a division of that.
The VICE-PRESIDENT:-How would it be divided?
Mr. HALE:-The motion to refer to a select committee is one
proposition, and the instructions are another.
The VICE-PRESIDENT:-That is the form in which the Senator
wants it divided?
Mr. HALE:-Yes, sir.
Mr. BIGLER:-As the Chair states the proposition, it does not
4
474 
APPENDIX:.
reach the object which the Senator from Kentucky had in view. The
instructions should be that the committee report to-morrow morning,
and that the report shall be the special order at one o'clock. Unless
that is done, one objection will put it over.
The VICE-PRESIDENT:-The Senator from New Hampshire
asks for a division of the question, and it is susceptible of division. The
first question is on referring the communication to a special committee
of five.
The motion was agreed to.
The VICE-PRESIDENT:-The next branch of the proposition is
that that committee be instructed to report to-morrow morning, and
that their report be made  the special order for to-morrow at one
o'clock.
Mr. HALE:-On that, I should like to have the yeas and nays.
The yeas and nays were ordered.
The VICE-PRESIDENT:-The question is upon directing the
committee to report to-morrow morning, and that the report be made
the special order for to-morrow at one o'clock;   The Secretary proceeded to call the roll.
Mr. CLINGMAN:-Though I am utterly opposed to the proposition, I am willing to give it the direction its friends desire, and I vote
" yea."
Mr. LATHAI:-I desire to change my vote.  I have no confidence in this thing, and I fear it will be an unnecessary consumption
of time; but I yield to the judgment of my political associates and I
vote "yea."
The result was announced-yeas 26, nays 21; as follows:
YEAS.-sMessrs. Anthony, Baker, Bayard, Bigler, Bragg, Bright, Clingman,
Crittenden, Dixon, Douglas, Fitch, Foster, Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell,
Rice, Sebastian, and Thomson-26.
NAYS.-Messrs. Bingham, Chandler, Clark, Collamer, Doolittle, Durkee,
Fessenden, Foot, Green, Grimes, Hale, Harlan, King, Morrill, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, and Wilson-21.
So the motion was agreed to.
Mr. CRITTENDEN  -I move that the committee be appointed
by the Chair.
The motion was agreed to; and Mr. CRITTENDEN, Mr. BIGLER,
Mr. THOMSON, Mr. SEWARD, and Mr. TRUMBULL, were appointed the
committee.
415 
APPENDIX.
On the 28th of February the committee so appointed, presented to
the Senate the following report, and the following action was taken
thereon:
Mr. CRITTENDEN:-The  select committee, to whom  was referred the communication received yesterday from the Convention
assembled in this place, commonly called the Peace Convention, with
instructions to report by twelve o'clock to-day, have had the subject under
consideration, and have directed me to make the following report   Mr. HALE:-I object to its consideration to-day.
The PRESIDING OFFICER (Mr. FITCH in the chair): —Objection being made, it cannot be considered until one o'clock, but it will
be read.
The Secretary read the joint resolution reported by Mr. CRITTENDEN (S. No. 70), proposing certain amendments to the Constitution of
the United States, as follows:
JOINT RESOLUTION proposing certain amendments to the Constitution of the
United States.
WHEREAs Commissioners, appointed on the invitation of the State of
Virginia, by the following States, respectively: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee,
Kentucky, Missouri, Ohio, Indiana, Illinois, Iowa, Wisconsin, and Kansas,
have met in Convention at the City of Washington, for the purpose of considering the distracted and perilous condition of the country, and proposing
measures for the preservation of the peace, the safety of the people, and the
security of the Union, and having performed that duty, and communicated
to Congress the result of their deliberations, with a request and recommendation on the part and in the name of said States, that the following be
proposed to the several States as amendments to the Constitution of the
United States, according to the fifth article of said instrument, namely: [See
article preceding.]
Mr. SEWARD: —Mr. President   Mr. GWIN:-I think I am on the floor.
Mr. SEWARD:-I desire to speak a word from the committee
touching the presea,t report.
Mr. GWIN:-Certainly.
Mr. HALE:-I object to its present consideration.
Mr. SEWARD  -I am not proposing to consider it.
Mr. BIGLER -The Senator from New Hampshire has no right
to make the objection.
476 
APPENDIX.
Mr. SEWARD:-I am not proposing to consider it at the present
moment; but I am desirous of making an explanation from the committee, touching the report made by the Senator from Kentucky. The
honorable Senator from Illinois [MIr. TRUMBULL], and myself, constituted a minority of the committee. We dissent from the report, and
we proposed in committee to submit a substitute. The majority held
that, for some reason, sufficient in their estimation, we were not entitled
to submit a minority report. I therefore ask leave of the Senate to introduce a joint resolution in my own name, and in which the honorable
Senator from Illinois authorized me to say that he concurs with me,
and which I ask unanimous consent to have read and printed; and it
will be the subject of consideration at such time hereafter as the Senate
shall choose to hear it, either in connection with the other or not.
Mr. MASON:-Is it in the form of a report?
Mr. SEWARD:-No; it is not insisted on in that form; it is submitted on my own behalf. I desire that it may be read for information
and printed, subject to the future action of the Senate.
The proposition of Mr. SEWARD was read, as follows:
A joint resolution concerning a National Convention to propose amendments to the Constitution of the United States.
WHEREAS, The Legislatures of the States of Kentucky, New Jersey, and
Illinois, have applied to Congress to call a Convention for proposing amendments to the Constitution of the United States: Therefore,
Be it Resolved, &c., That the Legislatures of the other States be invited
to take the subject into consideration, and to express their will on that subject to Congress, in pursuance of the fifth article of the Constitution.
Mr. BIGLER  -I desire to make   The PRESIDING OFFICER:-The Senator from California was
on the floor. No action is now requested on the paper just offered,
only a motion to print. Shall the paper be printed?
Mr. HALE:-Was it read for information?
The PRESIDING OFFICER:-For information only.
Mr. SEWARD:-I move that it be printed.
The PRESIDING OFFICER:-The Chair hears no objection.
Mr. BIGLER:-I desire to make a remark in reference to the
question of order made by the Senator from New  Hlampshire.  The
Senator objects to the consideration of the report to-day. Yesterday,
when the Senator from Kentucky made the motion, I insisted on further
moving that the report of the committee should be the special order at
one o'clock to-day.
The PRESIDING OFFICER:-That is the record.
477 
APPENDIX.
Mr. BIGLER:-That instruction was offered, and therefore the
Senator's objection will not apply.
Mr. HALE:-Therefore it will.
Mr. SEWARD:-I insist on the motion to print.
The PRESIDING OFFICER:-The Senator from California is
on the floor. The Senator from New Hampshire having objected to
the present consideration of the resolution reported by the Senator
from Kentucky, for the time being it cannot be considered.
Mr. SEWARD:-Will  the Senator  from California allow  the
question to be put on my motion to print?
The PRESIDING OFFICER:- The Chair heard no objection to
that; and it was ordered.
Mr. DOOLITTLE:-The Senator from California will allow me
to say a single word.  I observe that, in this report, the State of Wisconsin is mentioned as having sent delegates to this Convention, commonly denominated the Peace Convention. That is a mistake. I
desire, also, to give notice that when this subject shall come up for
consideration, I shall offer as an amendment to the first section of
article thirteen, as proposed, the following proviso:
Provided, however (and this section shall take effect upon the express
condition), That no State, or any part thereof, heretofore admitted, or hereafter to be admitted, into the Union, shall have power to withdraw from the
jurisdiction of the United States; and that this Constitution, and all laws
passed in pursuance thereof, shall be the supreme law of the land therein,
any thing contained in any constitution, act, or ordinance of any State Legislature or Convention to the contrary notwithstanding.
The section will then read as follows:
SEa. 1. In all the present territory of the United States north of the
parallel of 36~ 30' of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line,
the status of persons held to involuntary service or labor, as it now exists,
shall not be changed; nor shall any law be passed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any
of the States of the Union to said territory, nor to impair the rights arising
from the said relation; but the same shall be subject to judicial cognizance
in the Federal courts, according to the course of the common law. When
any Territory north or south of said line, within such boundary as Congress
may prescribe, shall contain a population equal to that required for a member
of Congress, it shall, if its form of government be republican, be admitted into
the Union on an equal footing with the original States, with or without
involuntary servitude, as the Constitution of such State may provide:
Provided, however (and this section shall take effect upon the express condition), That no State, nor any part thereof, heretofore admitted, or hereafter
4:78 
APPENDIX.
to be admitted into the Union, shall have power to withdraw from the jurisdiction of the United States; and that the Constitution, and all laws passed
in pursuance thereof, shall be the supreme law of the land therein, any thing
contained in any constitution, act, or ordinance, of any State Legislature or
Convention to the contrary notwithstanding.
And I desire that that amendment, which I now send to the Chair,
may be printed.
The PRESIDING OFFICER:Is there any objection to printing
the paper which the Senator has just read? The Chair hears no
objection.
The same day the Report of the Peace Conference was called up
for consideration, when Senator HALE objected to the consideration of
the report. Considerable discussion then ensued, in which Messrs.
HALE, BIGLER, TRUMBULL, CRITTENDEN, and DIxoN participated. This
discussion related merely to the question, whether under the rules of
the Senate the Report of the Peace Conference could at this time be
taken up. The merits of the report were not considered, and for that
reason it is not deemed necessary to report the proceedings of the Senate in this respect. The joint rules of the two Houses were suspended
in order that another subject might be taken up, and no decision was
had upon the question, whether the Report of the Peace Conference at
this time should be considered.
The allotted time having been consumed in this discussion, the Senate proceeded to the consideration and disposal of several orders of the
day. On the first of March it resumed action on the Report of the
Peace Conference.
The PRESIDING OFFICER (Mr. FITCR): -It is the duty of
the Chair to announce the special order of the day, being the joint resolution (S. No. 70) proposing certain amendments to the Constitution
of the United States.
Mr. DOUGLAS:-I ask that the resolutions from the House of
Representatives, in regard to amendments of the Constitution, be laid
before the Senate, in order that they may be considered at the same
time.
The PRESIDING  OFFICER:-The Chair will lay before the
Senate a joint resolution from the House of Representatives.
The joint resolution (HII. R. No. 80) to amend the Constitution of
the United States, was read the first time by its title.
Mr. DOUGLAS:-I ask that that be made  the special order at
the same time, in connection with the joint resolution reported by the
Senator from Kentucky.
Mr. MASON:-I have looked at that joint resolution, and it cer
479 
.APPENDIX.
tainly ought to be committed to a committee to correct its English.  It
is unintelligible.
Mr. DOUGLAS:-M]y object is merely to have it considered at
the same time with the other.
The PRESIDING  OFFICER:-The joint resolution will have its
second reading.
The joint resolution (H. R. No. 80) was read a second time by its
title.
The PRESIDING  OFFICER:-It is now the subject of any motion that may be made in regard to it.
Mr. DOUGLAS:-I move that it be made the special order in
connection with the joint resolution reported by the Senator from Kentucky.
Mr. CLARK:-How does that happen to be in order here when
there is a special order called up?
The PRESIDING  OFFICER:-It is not in order to consider it,
except by unanimous consent.
Mr. CLARK, Mr. BINGHAM, and Mr. SUMNER:-I object.
The PRESIDING  OFFICER:-The special order is before the
Senate.
Mr. DOUGLAS:-I ask that the other resolutions which have
come from the House of Representatives, be read. There are two of
them, I believe.
The House joint resolutions (No. 64) declaratory of the opinion of
Congress in regard to certain questions now agitating the country, and
of measures calculated to reconcile existing differences, were read the
first time by the title.
The PRESIDING OFFICER:-The second reading   Mr. CHANDLER and others:-I object.
The PRESIDING  OFFICER:-Is objection made?
Mr. CHANDLER:-I withdraw my objection.
Mr. SUMNER:-I object.
The PRESIDING  OFFICER:-Objection being made, it cannot
be read the second time.
Mr. SIMMONS:-It passed the other House unanimously.  There
can be no objection, I think.
Mr. CLARK:-We have another subject up.
The PRESIDING  OFFICER:-The special order is before the
Senate. The question is on the second reading.
The joint resolution (S. No. 70) proposing certain amendments to
the Constitution of the United States, was read the second time, and
considered as in Committee of the Whole.
480
i 
APPENDIX.
Mr. PUGH:-Let the resolution be read, not the proposition itself,
but the formal part, the introduction.
Mr. HUNTER:-Is that open to amendment now?
The PRESIDING OFFICER: —It is in Committee of the Whole,
and open to amendment.  The reading of the formal part of the joint
resolution is called for.
The Secretary read it.
Mr. SEWARD:-I offer the following as a substitute:
Strike out all after the word " whereas," in the preamble, to the end of
the resolution, and insert:
The Legislatures of the States of Kentucky, New Jersey, and Illinois,
have applied to Congress to call a Convention for proposing amendments to
the Constitution of the United States: Therefore,
Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Legislatures of the other
States be invited to take the subject of such a Convention into consideration,
and to express their will on that subject to Congress, in pursuance of the fifth
article of the Constitution.
The PRESIDING OFFICER: -The Chair understands that a
proviso was offered to the matter that the Senator from New York
proposes to strike out. The vote will first be taken on the proviso
offered by the Senator from Wisconsin [Mr. DOOLITTLE], to insert at
the end of section one of article thirteen:
Provided, however (and this section shall take effect upon the express
condition), That no State, nor any part thereof, heretofore admitted, or hereafter to be admitted into the Union, shall have power to withdraw from the
jurisdiction of the United States; and that this Constitution, and all laws
passed in pursuance thereof, shall be the supreme law of the land, any thing
contained in any constitution, act, or ordinance of any State Legislature or
Convention to the contrary notwithstanding.
Mr. HUNTER:-I believe that the amendment of the Senator
from Wisconsin is not pending.
The PRESIDING OFFICER:- - The Senator from Wisconsin
proposes that as a proviso to the matter which the Senator from New
York moves to strike out; and the question must first be taken on that.
Mr. HUNTER:-I did not know that that was before the Senate.
Mr. BIGLER:-He only gave notice of it.
Mr. HUNTER:-I thought the Senator from Wisconsin only gave
notice that he would offer it.
The PRESIDING OFFICER:-The Chair may have misunderstood the Senator's motion at the time. He called for the printing of
it; but if that is the understanding of the Senate   Mr. SEWARD:-What does the record say?
31
481 
APPENDIX.
The PRESIDING  OFFICER:-The Chair understands that the
record presents it as "intended to be offered."
Mr. SEWARD:-Then the question is on the substitute. I ask
that the question be taken,
Mr. HUNTER:-I have an amendment to submit.  I propose to
amend the first section of the proposition before us, by inserting in lieu
of it the first article of what are called the CRITTENDEN resolutions. I
move to strike out the first article of the peace propositions, and to insert:
That in all the territory of the United States now held, or hereafter acquired, situate north of latitude 36~ 30, slavery or involuntary servitude,
except as a punishment for crime, is prohibited while such territory shall
remain under territorial government. In all the territory south of said line
of latitude, slavery of the African race is hereby recognized as existing, and
shall not be interfered with by Congress; but shall be protected as property
by all the departments of the territorial government during its continuance;
and when any Territory, north or south of said line, within such boundaries as
Congress may prescribe, shall contain the population requisite for a member
of Congress, according to the then Federal ratio of representation of the
people of the United States, it shall, if its form of government be republican,
be admitted into the Union on an equal footing with the original States,
with or without slavery, as the constitution of such new State may provide.
MIr. COLLAMER:-I rise to a question of order.  It will be observed that this paper is before us under a recital that, whereas these
propositions of amendment have been presented by the Commissioners,
as they are called, from the several States-naming them-who have
asked Congress to submit them, therefore we propose to submit them
to the States. The whole proceeding is based and predicated on this
recital. - I say that it cannot be amended. If it were amended, it would
cease to be the application of that body which the recital States. I
therefore object to any amendments, except a substitute; perhaps a substitute may be offered striking out the recital and all; but an amendment to it is out of order, in my view.
Mr. HUNTER:-In regard to the question of order, I understand
that the recital is the recital of the committee, and that the question
before us is on these propositions for amending the Constitution of the
United States, which are to be treated as a bill. If so, each section is
subject to amendment as a bill would be subject to amendment. It was
my purpose to offer the entire series of what are called the CRITTENDEN
resolutions, as an amendment to these, and I still intend to offer them,
section by section; but I was prevented from offering them  in that
form, because the Senator from New York got the floor first, and
offered his proposition as a substitute. I therefore could not raise the
482 
APPENDIX.
question which I desired to raise, except by offering the amendments,
section by section, in order to perfect the original proposition. I sub mit that it is in order.
Mr. COLLAMER  -I submit, still, my question of order, suggest ing to gentlemen that if we make any amendment, we must strike out
the recital.
Mr. BIGLER:-I do not see that any ordinary question of order
can be raised in this case; but I do think there is a consideration much
more grave, and that is the question whether we will treat the series of
resolutions presented here by this Peace Congress as a proposition which
we ought either to accept or reject. I was one of those in the select
committee who took that position. It was manifestly intended that we
should accept the entire programme, or reject it. Therefore I was unwilling; and we decided to consider no question of amendment    Mr. HUNTER:-That is not a question of order, but of propriety.
It would be an argument against any amendment.
Mr. BIGLER:-I have said it was no ordinary question of rules;
but that there was a far graver question of propriety. I agree with the
Senator in that view; and I rose for the purpose of alluding to the view
taken of this subject by the select committee. The Senator from New
York desired the leave of the committee to report his proposition as a
substitute; but the majority of the committee held that the resolutions
had not been committed to us for the purpose of considering them and
changing them, or substituting something else, but simply to attach to
them the formal resolution to present them as amendments to the Constitution for the ratification of the States.  For that reason we proposed
no amendment; and the Senator from New York yesterday offered his
substitute on his own responsibility, because, as I understood him, of
the view taken by the committee. Now, sir, I still entertain the view
that, while the Senate have a clear right unquestionably to change
these resolutions, and to change the resolution of submission to make
it conform to any thing we may do, we ought to consider these resolutions sent here by this Peace Conference as a whole, and accept them
or reject them; but there can be no question of ordinary rule raised as
to the right to offer an amendment; there is a greater, a graver question of propriety as to how they shall be treated.
Mr. SEWARD:-It is not merely a question of form or order, but
the proposition of the Senator from Virginia would change the whole
character of the transaction. This joint resolution is one single, complete proposition. It is one act. It begins with a declaration by Congress, that " whereas Commissioners, appointed on the invitation of the
483 
APPENDIX.
State of Virginia," have performed a certain duty confided to them,
"and communicated to Congress the result of their deliberations, with
a request and recommendation on the part and in the name of said
States "-of Maine, New Hampshire, Vermont, Massachusetts, Rhode
Island, and the rest of the States represented in the Convention-" the
following "-nothing different, nothing originating in Congress, nothing
originating anywhere else, but-" the following be proposed to the several States as amendments to the Constitution of the United States,
according to the fifth article of said instrument." Now, if we should
adopt this whole transaction, we should simply do this: we should submit these amendments to the people of the United States for their
acceptance, for the reason that the Peace Convention, as it is called,
has considered upon the subject, and thought it grave enough to solicit
us to invest it with the legislative or congressional sanction, and so
submit it to the Legislatures and conventions of the States; but whenever you have made a single alteration in it, such as is proposed now
by the Senator from Virginia, it is not, then, the proposition of the
States " of Maine, New Hampshire, Vermont, Massachusetts," or any
other States; but it is a recommendation of the Congress of the United
States. The whole character is changed. The Convention is swept
out of existence in the history of Congress.  The resolutions then
adopted become the deliberate conviction of the majority of the Congress of the United States, who substitute their own judgment, and their
own wisdom, and their own will, for the wishes, the opinions, respectfully submitted to them by the representatives of those States, and take
the responsibility of saying that this is what the Peace Convention
should have submitted, instead of the proposition which they have sent
here.
Mr. HUNTER:-I wish to make a suggestion in regard to the
real position of this question, as it now appears before us. The arguments that have been urged by the Senator from Pennsylvania and the
Senator from New York might very well be brought up against the
propriety of adopting the amendment; but, so far as the question itself
stands, it is only brought before us by a report of our committee. The
Peace Conference had no power to present questions or make communications to us; but they having made a communication, and we, having
respect for that body, agreed to take it up, and we referred their proposition to a committee. The only authority which we have now for
considering it in the Senate, is on the recommendation of our committee.
This proposition stands here as a recommendation of that committee to
alter the Constitution, as proposed by this Conference. It being their
484 
APPENDIX.
recommendation in regard to the alteration of the Constitution, under
our rules it stands like a bill; and I have a right to move to amend it,
section by section; and in doing so, I should be pursuing the method
taken by the Peace Conference, as I understand, for I am told they
never took a vote on it as a whole, but voted on it proposition by prop osition; and in fact, the majority who passed the propositions were
composed of different States, and they never did take a vote on the
articles as a whole.
Now, I am proposing to amend this as it comes up, proposition by
proposition; and if it would be in order for me to make such a motion,
supposing that this proposition had originated with a committee of this
body, who had made a report proposing such amendments to the Constitution, I should have a right to make it now, for it is only in that
way that it appears legally before us. I say, then, so far as the question of order is concerned, it seems to me that I have clearly a right
to do it. I would be willing, in order to get rid of the question of
order, to move to strike out the preamble too; but in my opinion it
stands before us as a bill would stand. I may amend the particular
sections. I am not proposing by this amendment to perfect the whole
proposition, but a part of it; and if I should succeed in that, I can
then go back, and move to amend the preamble.
So far as the question of order is concerned, I cannot see how it is
that I am out of order. There may be a question of propriety. Those
who believe that this proposition is one that ought to be accepted as a
whole, and ought to be accepted because it comes from this body, eminently respectable, as we all acknowledge it to be, may say that we
ought not to amend it; not that we have not the power, but that we
ought not to amend it.  Those of us, however, who think as I do, that
it is a proposition not to be accepted; that it is a proposition highly
dangerous, and one which will give rise to great difficulties, on the
other hand, may think it eminently proper to amend it. I, thinking in
that way, avail myself of what I suppose my parliamentary right, to
offer an amendment; and it is upon that question of parliamentary
right alone, as I understand, that the Chair is to determine.
Mr. TRUMBULL: —Mir. President, it seems to me very clear
that, as a question of order, this proposition does not stand in any
respect different from any other. Suppose an individual Senator had
thought proper to propose amendments to the Constitution; that they
had been referred to a committee; and the committee had approved
them: what would it have done?  Precisely what this committee has
done. It would have reported back the proposition, with a resolution
485
I 
APPENDIX.
in conformity with that clause of the Constitution which points out the
mode of its amendment. The fact that this proposition was adopted
by gentlemen from various States does not alter it at all, It comes
here as a mere petition. However respectable and dignified the Convention may have been which arrived at these conclusions; however
much weight their conclusions may be entitled to in the country, they
come here simply as petitioners-in that light, and none other-asking
Congress to submit certain resolutions to the States of the Union to be
adopted or not as portions of the fundamental law, and, unquestionably, any Senator has a right to propose an amendment in the same
way as if they were introduced by an individual Senator. Can it be
possible that if I draw up a series of propositions as amendments to
the Constitution of the United States, and a select committee thinks
proper to recommend them to this body, the hands of the body are tied
up, and it must take them, word for word, and letter for letter, as I
have drawn them? The question is, whether it is proper to do this;
whether the respect due the Peace Convention should not deter gentlemen from offering amendments, is a question we are not discussing.
The point is one of order; and as a question of order, I was astonished when the Senator from Pennsylvania first suggested it.
Mr. BIGLER  -I suggested no question of order.
Mr. TRUMIBULL:-I did understand the Senator from Pennsylvania to say, that that was the view he took in committee in response
to what was said by the Senator from Vermont, and it was to that I
alluded when I said I was astonished at the ground he took, that the
committee could not amend these propositions, or that any other person
could not move to amend them.
Mr. BIGLER  -The Senator from Vermont made a distinct point
of order; but I did not sustain the Senator's views on the point of
order. On the other hand, so far from that, I stated distinctly, that
there could be no ordinary question of order under the rule; but a
question of propriety, a question as to the consideration that was to be
attached to this proposition of the Peace Convention; that the select
committee, or a majority, at least, were under the impression that it
was expected we would treat it as a whole, and accept it or reject it.
That is what I said. I have no doubt whatever of the right of a Senator on this floor to move to amend this resolution. But, sir, I cannot
agree with the Senator from Illinois by any means, that this proposition should be treated as the mere report of a committee or the proposition of an individual Senator. Who supposes that twenty States would
have sent commissioners here to consider this great question and suggest to Congress
486
-1 
APPENDI)X.
Mr. TRUMBULL:-The  Senator from Pennsylvania, I see, is
misunderstanding me. I said, as a question of order, it was to be
treated the same as if offered by an individual Senator; that however
much respect we might have for it, as coming from the source it did,
yet, as a question of order, there was no difference in the rules.
Mr. BIGLER:-I did not understand the Senator as placing entire
stress on the question of order. I have been endeavoring to take this
question away from the rules, to set it above the rules, and I say that
we ought to consider it without reference to the rules. If it be that
this programme is not acceptable to the Senate, let it be rejected.
What I supposed was intended from the beginning was, that whatever
they sent here was to be considered as an entirety-accepted or rejected.
I was about to remark, who supposes that twenty States would have
sent commissioners to prepare a programme of peace for the consideration of Congress, if they had supposed that immediately the peculiar
views of each member of Congress would be set up in opposition to
them?
Mr. President, a single remark in relation to what fell from the
Senator from New York, and I shall have done. The Senator from
New York alludes to the terms of the preamble, that, for the reason
that these commissioners agreed, therefore these propositions are submitted as amendments to the Constitution. I do not wish to be understood as regarding it in that light. I do not think it is the right of
Congress to submit propositions of amendment of the Constitution
because they come from any source. The spirit of the Constitution is,
that Congress will submit amendments to the Constitution; because
Congress approves those amendments, and it would be a reason why
I should vote for or against them, whether I approved them or not.
If, as a whole, I could vote for them, I would vote for them; if, as a
whole, I could not, I would vote against them. That does not affect
the question whether, under all the circumstances, and solemn surroundings, the labor which has been bestowed, and the character of the
men that have presented this paper, we should consider it as an entirety,
or attempt to cut it up by piecemeal, by which neither they, nor the
public, will ever ascertain what the judgment of Congress was on the
results of their labor. That is what I say.
Mr. SEWARD:-The honorable Senator may very naturally and
very properly take the ground that he would not vote, and that Congress ought not to vote, for submitting this proposition to the people,
for the reason assigned in the paper before us. I have not any dis.
position to quarrel with him about it. I might take the same view,
487 
AIPPENDIX.
and say that I would not submit to the people a proposition which was
futile, which was frivolous. That is not what I was speaking to.
What I was speaking to was, the character of this proposition; and
this is a proposition just to this effect, logically and technically ex pressed: that whereas these commissioners appointed by the States
have met, consulted, considered, and adopted that resolution, therefore,
for that reason, independent of every thing else, Congress submits it to
the States.
Mr. PUGII:-I want to make an appeal to the friends of some
proposition of peace. This is the last day of the session but one, and
we have not made the progress of one line. We have gone into an
eternal discussion about questions of order, and that, too, in defiance
of the rule of the Senate. I insist that the question shall be decided
without further debate.
The PRESIDING OFFICER  (Mr. FITCH):-It is not for the
Chair to decide any question of propriety, except as an individual Senator. As Presiding Officer, he does not deem the question of order,
made by the Senator from Vermont, to be well taken. The joint resolution differs in no respect from other resolutions, and is open to amendment, and is before the Senate, as in Committee of the Whole, for that
purpose. The question is on agreeing to the amendment which has
been offered by the Senator from Virginia.
Mr. HUNTER:-Mr. President, I have offered this amendment,
as the first of a series which I shall offer, for the purpose of carrying
out the will of my State, as it has been expressed through its Legilature; and I might say there are other Senators similarly situated, for
there are other States which have declared a disposition to settle upon
the basis of what are called the CRITTENDEW resolutions. That is the
first reason which prompts me; and to me it is imperative, because the
Legislature of the State which I have the honor in part to represent,
has declared that this is the basis upon which it would settle, and intimated that it would not take less than they propose by way of security
for the South. I have also another reason. I have examined this
proposition of the Peace Conference   Mr. WADE:-Will the Senator let us hear it read?  We  do not
understand what his proposition is.
Mr. HUNTER  -My proposition is the first article from the CRITTENDEN amendments, in regard to the territorial adjustment.
Mr. WADE:-We understand that.
Mir. HUNTER:-After as careful an examination as I have been
able to give this proposition from the Peace Conference since it was
488 
APPENDIX.
printed, that is to say, within the last day or two, I have come to the
conclusion that it would not only make a great many more difficulties
than it would remove, if it should be adopted as an amendment to the
Constitution, but that it would place the South-the slaveholding States
-in a far worse position than they now occupy under the present Con stitution, with the Dred Scott decision as its exposition.
Mr. CLARK.-Will the Senator from Virginia allow me to make
a suggestion?
Mr. HUNTER:-Certainly.
Mr. CLARK  -I understand him to say he proposes to offer the
several propositions of the CRITTENDEN amendment one after the other.
Mr. HUNTER:-Yes, sir.
Mr. CLARK:-Then I suggest, as that is the intention of the
Senator, that unanimous consent be given to move them as one amendment, so that we may have them all up for discussion, if any one
chooses to discuss them, at the same time
Mr. HUNTER:-I have no objection to that, if it is the general
wish. I was saying, Mr. President, when I was interrupted, that after
as careful an examination as I was able to give this peace proposition,
since it was printed, I came to the conclusion that it would put the
southern States in a far worse position than they now occupy under the
present Constitution, and with the Dred Scott decision. Under that
Constitution, and with the Dred Scott decision, they had a right, as the
court has decided, to carry their slaves into any Territory of the United
States. That is a right which has been adjudicated to them by a
solemn decision of the Supreme Court; and it is to be remembered
that this right has not only been accorded to them by the decision of
the court, but by the action of the several branches of the Federal
Government. That is their present state of things under the present
Constitution of the United States with regard to the territorial question. In what position, then, does this proposed territorial adjustment
place them? Why, sir, it excludes them; it puts the WILMOT proviso
on all territory north of 36~ 30'; and south of 36~ 30' it gives them
the privilege of another lawsuit, in order to try their right and title to
enter the territory with their slaves. What are the words of this proposed amendment of the Constitution?
"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
489 
APPrDIXC.
same shall be subject to judicial cognizance in the Federal courts, according
to the course of the common law."
"In  all the present territory south of that line, the status of
persons held to involuntary servitude or labor, as it now exists, shall
not be changed."   What  is the meaning  of that word "status"?
What is the status? The word status may be applied to different things;
there may be a local status or a political status. In some countries a
slave may hold property, and, in a certain form, sue; in others, he
cannot. Or it may be the social and legal relation, that of the slave
to his master, which constitutes the status that is referred to; and I
presume it is that which it is declared shall not be changed. But, sir,
shall not be changed by whom? By Congress? It does not say so.
By the Territorial Legislature? It does not say so in terms. Does it
mean that it shall not be changed by Congress or by the government of
the Territory?  Does it mean that it shall not be changed at all by
anybody? Does it mean the master shall not emancipate him if he
chooses? Is it an absolute prohibition of any change of the status
of the slave, of any sort or description?
These are the terms which we are obliged to resort to in order to
escape from the manly declaration of the CRITTENDEN resolution, that
south of that line slavery s]all be recognized and protected. It was
eminently proper, as we excluded them north of it, that our institutions
should be recognized and protected south of that line. That, sir, was
plain English; that everybody could understand; but here we are
interpolating law Latin into the Constitution; this word " status" is
introduced; and who is to determine what the status was?  I thought
it had been considered a march forward, a step of progress, an evidence
of improvement in English legislation, when it abandoned Norman
French and law Latin, and resorted to the mother tongue; and especially
it should be so, when we are making constitutions for American people
of English descent, and who speak the English tongue. A constitution
is for the millions, and the millions should be able to understand it.
But, Mr. President, let us proceed a little further.  This whole
matter is to be subject to judicial cognizance in the Federal courts, according to the course of common law. That embraces the right of the
master to his slave as a matter of cognizance under the common law
before the courts; because what do they mean by the status of all persons held to involuntary servitude or labor? They mean rightfully
held. They do not mean if a man is kidnapped and held illegally to
involuntary service or labor that he is always to be so held. It means
that the status of persons who are rightfully and legally held shall not
490 
APPENDIX.
be changed; and who is to determine that? The courts are to determine it according to the common law. That is to be determined by
judges who are to be appointed from a party, and by a party who
believe that there cannot be property in man; by a party who believe
that, in the Somerset case, Lord MANSFIELD has laid down the common
law properly; by a party who will probably believe that the decision
of the English courts, in regard to the slave ANDERSON, that it was no
murder for a slave when escaping to kill his master, was a correct exposition of the common law.
How, then, do we stand? Why, sir, in relation to our right to
slaves, we have to try that right before judges who are thus appointed,
and appointed from a party who we know entertain these opinions.
Why, sir, you might poll that party through the whole United States,
and I would venture any thing upon the assertion that you cannot get
one in a hundred thousand who would not deny that there could be
property in man, especially under the common law. We thus lose the
advantage of the Dred Scott decision. According to the Dred Scott
decision, we can carry them into the territory of the United States and
hold them, and it is decided that there is property in slaves-decided
under the Constitution. The court maintain that the Constitution
recognizes it. It is upon constitutional ground that we have made our
claims, and so far, it is upon this that we have fought and won the battle, not upon common law; and now we are to abandon the advantages
that we have got from that ground of title under the Dred Scott decision, and go into court and try a case that has been already decided in
our favor; and under the common law, try it before judges who are to
be selected by a party entertaining such opinions as I have just described;
and I am sorry to say, without appeal to the Supreme Court; because,
in the territorial bills which have been lately passed, that right has
been taken from us. My friend from North Caroina will be kind
enough to read an article in the Chicago platform, showing what is
held on that subject by those who wield the power of this Government.
Mr. CLINGMAN read, as follows:
Eighth. "That the normal condition of all the territory of the United
States is that of freedom; that as our republican fathers, when they had
abolished slavery in all our national territory, ordained that' no person should
be deprived of life, liberty, or property, without due process of law,' it becomes our duty, by legislation, whenever such legislation is necessary, to
maintain this provision of the Constitution against all attempts to violate it;
and we deny the authority of Congress, of a Territorial Legislature, or of
any individuals, to give legal existence to slavery in any Territory of the
United States."
491 
APPENDIX.
Mr. HUNTER:-Thus  much, Mr. President, in regard  to  the
status; and it is to be observed that the same word is used in reference
to persons who are now held to involuntary servitude in the Territories
and to those whom we are to have the right to take into the Territories
from the States recognizing slavery. So that we submit this question
of our right to slaves, when it reaches the Territories, to be tried under
the common law, by courts appointed by the party entertaining the
opinions I have described, and that without appeal. This is in regard
to the Territories which we now own.   What is the settlement provided
for in regard to territory hereafter to be acquired? Here it is, in the
third section:
SrzCTIo  3. Neither the Constitution, nor any amendment thereof, shall be
construed to give Congress power to regulate, abolish, or control, within any
State, the relation established or recognized by the laws thereof touching
persons held to labor or involuntary service therein, nor to interfere with or
abolish involuntary service in the District of Columbia without the consent
of Maryland, and without the consent of the owners, or making the owners
who do not consent just compensation; nor the power to interfere with or
prohibit Representatives and others from bringing with them, to the District
of Columbia, retaining and taking away, persons so held to labor or service;
nor the power to interfere with or abolish involuntary service in places under
the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized.
That is, they shall not prohibit it as to future acquired territory,
where it is established or recognized. Will not the inference be claimed
from such an expression, that where it is not established and not recognized, they may prohibit it? Will it not be said that the expression of
one exception to the power of Congress to prohibit slavery in the Territories excludes the idea of an exception to that power when slavery
is not recognized in the Territories?
Mr. COLLAMER:-If the gentleman will indulge me a moment,
I desire to say that is a section declaring that Congress shall not abolish slavery in the dock-yards, &c., in the States where it is recognized.
There is nothing in it about future acquired territory.
Mr. HUNTER:-This third section applies not only to present but
to future acquired territory. It is not confined, like the first section, to
the territory at present acquired. It is not confined to dock-yards and
arsenals in the Territories and States. If the Senator will examine it,
he will find that it is applied to all places where the United States have
exclusive jurisdiction. "Exclusive jurisdiction" is the word. Will it
not be claimed that they have exclusive jurisdiction in the Territories
of the United States? Will not those who have the power to construe,
492 
APPENDIX.
and carry out their construction, so construe it? Will they not say
it is a prohibition to Congress to prohibit slavery where it is recognized
in the Territories or States, but not a denial of the right to prohibit
slavery in Territories where it is not recognized by law, although that
Territory may be vacant and uninhabited?
Mr. COLLAMER:-That clause of the section is, that Congress
shall not have power    " To interfere with or abolish involuntary service in places under the ex clusive jurisdiction of the United States within those States and Territories
where the same is established or recognized."
That, so far as I have read, is confined only to where they have
local jurisdiction in the States holding slaves.
Mir. HUNTER:-I thought so at first myself; but the Senator
will find, on a further examination, I think, that he is mistaken. They
shall not prohibit it wherever they have exclusive jurisdiction in places
where slavery " is established or recognized." It is not confined to
dock-yards, forts, and arsenals. Why should it be in the Territories?
They have exclusive jurisdiction over the whole. There is reason for
confining it to dock-yards in the States; but there is no reason for confining it to dock-yards, &c., in the Territories. But that is not the
construction which will be given; the construction given to it will be,
that they shall not prohibit it where they have exclusive jurisdiction,
if it is recognized in such places; but if it be not recognized in such
places, where they have exclusive jurisdiction, I say the inference will
be drawn, plausibly, if not justly, that they shall have power to prohibit; and I say if this be so, then it is a power (so far as Miexican
territories are concerned, if there should be any acquisition there) by
which the South will be forever estopped; because there the Mexicans
have abolished slavery, and there, under this clause giving in that territory exclusive jurisdiction, the party now controlling the Government
would claim the right to prohibit it. And what a difference between
our position then and our position now under the decision of the Supreme Court! Under the decision of that court, all the people of all
the States have a right to go into the common territory with their institutions. It belongs to all in common, and Congress cannot prohibit
them from taking their property there.
I say that those who have the power to carry out any construction
they choose to give, would be interested in putting upon it the construction which I fear; and it would be difficult to raise an argument which
they would deem conclusive against it. But take it the other way;
suppose that the Senator from Vermont is right in his first supposition,
493 
APPENDIX.
that it was only meant to be applied to forts, arsenals, and dock-yards,
then I ask what settlement does this proposition give us in regard to
future acquired territories; what earthly settlement is it? We have
all the old difficulties to encounter that we have to meet now, every one
of them. We not only have all the old difficulties to encounters but
the slaveholder would have an additional obstacle which this first clause
would put in his way. It requires that the right to slaves in the present
territory shall be tried by the common law, and it might be said in court
that the inferences drawn heretofore from those provisions of the Constitution recognizing slavery were to be overruled by the fact that the
people in their latest action-by way of constitutional amendment-had
introduced another rule in order to determine the status of those held
to involuntary service or labor, and the consequence of that would be
that the South never could acquire another foot of territory; that is)
the few southern States who are left in the Union.
I am told that here is a provision that you cannot acquire territory
except by the assent of a majority gf the Senators from both sections.
Does any man believe that the North, with its eighteen, soon to be
twenty, or thirty, non-slaveholding States, would allow a majority of
six, or seven, or eight slave States, that are now attached to them, to
prevent them from acquiring any territory hereafter? Would they
agree to such an amendment, in the first instance; and if they did, how
long before they would change this restriction in the Constitution?
Indeed, it is hardly to be supposed that they will agree to it in the first
instance, so far as it regards the acquisition of territory; but of what
avail would it be to the South? There is but one conceivable acquisition-I speak of possible things, and I hope gentlemen will not understand me as coveting my neighbor's goods, or desiring to lay violent
hands on the property of any other States or nations-but, if things
should so happen that we could rightfully acquire Cuba, under my view
of the probable construction to be given to this clause, and because
slavery there is recognized, Congress might be prevented from prohibiting it; but, everywhere else, the South would be shut out and
excluded.
Then, sir, what would be its position? It would be prevented from
acquiring any territory under this Government as an outlet for its
slaves; and the only chance of securing that necessity of its condition
would be to quit this Union and join the Southern Confederacy, which
can acquire territory. It would be an inducement to disunion so strong
as would almost force them to it.
Let us go a little further. Here is another clause holding out the
same temptation: 
494 
APPENDIX.
" The foreign slave-trade is hereby forever prohibited, and it shall be the
duty of Congress to pass laws to prevent the importation of slaves, coolies,
or persons held to service or labor, into the United States and the Territories
from places beyond the limits thereof."
This is to be the duty of Congress. As it now stands, it is in the
power of Congress.  When it was merely given as a power to Congress,
was there a failure to execute that power?  Do we not know that every
State in the present Confederation has desired to suppress the African
slave-trade?   Some do it from sentiment and principle; some from
interest; but there is a controlling motive with each and all of them.
It is safe enough to leave it where it stood, giving Congress the power
merely. Here you make it their duty. Suppose this case: the States
that have left us have set up another Government, another Confederation; under this clause you forbid us to buy their slaves, to interchange
and trade in slaves with them: what will be the consequence?  They
will exclude us from selling our slaves in their territory, and where
then do we stand? If you should think it prudent, if you should think
it politic, you would have no means, under this proposed amendment,
of allowing that to be done between these two coterminous countries.
Though it would be to the advantage of both Confederacies that there
should be this interchange, you preclude Congress from allowing it;
and then where would that place the border slave States? They would
not be able to sell their slaves in the States further South; and if they
carried them there, they would have to emigrate with them.   You
would thus prevent Congress from adopting a regulation which would
make it possible for them to remain in this UInion with safety, with
advantage, to themselves.   Why was this put in?  Why not have left
it where it stood, giving Congress the power, when we all know that
there is no State in the present Confederation that would not exercise
that power for the purpose of suppressing the slave-trade from Africa?
This probably would constitute the only exception. Why shut ourselves out from allowing the exception?
But, Mr. President, my desire is to be brief; I do not want to consume the time of the Senate; I am merely endeavoring to state the
points of objection as briefly as I can. Here is, at the close of it,
another provision which, it seems to me, contains the seeds of civil
war; and that is this: "Congress shall provide by law for securing to
the citizens of each State the privileges and immunities of citizens in
the several States; " that is to say, Congress shall have power to pass
laws to force the States to receive those persons whom they have exeluded from police considerations-considerations of domestic safety.
Yes, sir, to force the States to receive persons who would be dangerous
495 
APPENDIX.
to their peace; to force upon them, if you will, abolition lecturers; to
force upon them persons whom they regard as the most dangerous
emissaries that could be sent among them; to enable Congress to obtrude, in fact, into all the business of the States. That was not intended
when the Constitution was framed, and never ought to have been. The
present provision in regard to the rights of citizens in the several States,
I regard as in the nature of an inter-treaty stipulation.  It is a duty
imposed on each State, for the violation of which there is no remedy;
no remedy, unless the State aggrieved may resort sometimes to retaliation.
There are various things of that sort in the Constitution.   Duties
imposed upon the States, but without a remedy for the failure to execute them. No State shall keep a standing army; but suppose it
does: what are you to do? Congress cannot remedy it; and it would
not be right to give Congress the power to remedy it. You have to
trust something to the sense of right and duty of the States themselves;
and so it should be in regard to this matter of citizens. Suppose one
State should say that the citizens of another should not sue in its courts;
how is Congress to enforce their right? Is Congress to say they shall
be allowed to sue, and that the Sheriffs and officers of the State shall
execute the process? Is it proposed to allow Congress, by law, to
interpose in all these delicate matters? Is it not far better to leave it
to the sense of justice of the States-to their sense of duty and of
honor?  Have we not got along very well while we left it there?  If
there be any instances in which there have been exceptions, they are
instances in which persons have been excluded on account of police
considerations, deemed to be dangerous to the safety of the people who
excluded them. Is it proposed so to amend the Constitution as to take
from the people of the States this right of self-defence?
If we once introduced this as an amendment to the Constitution,
what would become of the feeble southern States, six or seven (for
Delaware can hardly be considered as a slave State), that would be
left? Arkansas may conclude to secede whon she shall determine
finally upon her position in the Union. What would become of us in
the hands of this powerful majority, who would pass what laws they
pleased in regard to the introduction of their citizens among us, and the
rights of those citizens to do as they pleased after they got there? Is
it not obvious that these various changes would lead to endless discontents, to irreparable breaches between these States? Would you not
certainly drive out the Border States?   They would say, " If we go
south, we ally ourselves to a homogeneous people; we shall have none
of these difficulties; we have no reason to fear their citizens; we cai
496 
APPENDIX.
grant all these privileges without the least difficulty or danger; we can
send our slaves south from a country where they are not profitable, to
one where they are; but if we stay here, we are forbidden to do any
of these things; if we stay here, we are prevented from ever obtaining
any outlet for our slave property." Will you not offer them the high est inducements, nay, will you not make it almost necessary for them
to leave you, if you should adopt such a proposition as this?
Nor is that all, Mr. President.  Our present Constitution-for I am
comparing our position under it with that in which this would place
ua-in most of its difficult provisions has been expounded-expounded
by the action of the State Governments, by the action of all the departments of the Federal Government. We have had legal interpretations in the decisions of the State and Federal courts.  We have come
almost to a point-indeed, I, who believe that the Dred Scott decision
is law, think we have come to a point-where we have a legal exposition on the whole of these matters. Are we to be turned aside from
that, to wander into a new sea of doubt and difficulty and ambiguity?
No candid man can take this up and say it is not full of double constructions, full of ambiguities, giving ground for new quarrels between
the sections, to new constructions of courts, to new lawsuits.
Mr. COLLAMER: -And to be perpetual.
Mr. HUNTER:-Yes, sir; and to be made perpetual.  We cannot
change them afterwards, if we want to do it. I can conceive nothing
that would endanger what is left of this Union so much as the adoption
of this proposition, althougki:t has been produced by persons so eminent
and so respectable as those who composed the Peace Congress.
I know that this measure does emanate from a body eminently
patriotic and wise, entitled to the public deference and affection; and
for their work I feel all possible respect. Against that work I will
pronounce nothing except what the necessities of the occasion may
require. But when the peace, the safety, the rights of the State which
I seek to represent-when the peace of the whole country, as it
seems to me, would be so seriously imperilled as it would be if this
were adopted, I feel bound by a sense of what I owe to those who sent
me here, bound by a sense of what I owe to those who have some
respect for my opinions, to express them here on this occasion, and to
give briefly the points and the heads upon which I differ from the conclusions of that Congress. Indeed, sir, before taking my seat, I may
suggest a doubt whether I am in truth acting against any thing which
they hare really done. I was informed by a member of that Congress
that they never did take a vote upon this proposed article, as a
whole.             32
497 
APPENDIX.
Mr. DOOLITTLE:-If the Senator will allow me, I beg leave to
state that I was informed of the same fact by a distinguished member
of the Convention; and I was further informed that the person who
claims to be the secretary of the Convention was never elected as such.
And there is another fact stated in the preamble that I know is not
correctly stated: that the State of Wisconsin was in that Convention,
or took any part in it.'How many more mistakes there are in the
preamble, I am unable to say.
Mr. HUNTER:-I believe it is certain that they never did take a
vote on this article as a whole, but upon its separate sections. I think
it equally probable that it could not have passed as a whole. That
opinion was expressed to me by a member. As it did pass, I think
there were three or four States not voting; and the States not voting
were supposed to be against it. Under such circumstances, I do not
know that this is to be taken as an expression of the will of that Congress.  Further: I will say, in regard to myself, that a majority of the
members from my own State voted against it, and were very decided
in their opposition to it. They believed it was not such a proposition
as the South could safely accept; and that majority, I believe, have
returned home to express that opinion to the State Convention, and to
give their reasons for it. Under all these circumstances, i have
thought that I ought to present, as a counter proposition (believing that
the people whom I represent cannot and ought not to accept these),
resolutions upon which they have said they were willing to settle this
controversy. I believe the State of Kentucky has declared the same
thing. I understand the State of California has done likewise. I
believe, though I may be mistaken, that Tennessee has said the same.
The State of North Carolina has made the same declaration unanimously. To the last, I believe I may add Missouri.
Now, I am making a proposition to amend, by inserting the resolutions of the honorable Senator from Kentucky; upon which so many
of the border slaveholding States have said they would settle the
difference. Why not send them out to the States and the people? We
know that some of them would settle on that. Why should we send
out such a proposition as this, which there is every reason to believe
they will not accept, and which will have the effect of dividing the conservative men of the North? Those northern men who are willing to
settle on some proposition that would give satisfaction to the Border
States, would just as soon vote for the CRrrTENDEN resolutions as for
these, and some probably would prefer to do so.  They will waste all
their strength, and efforts, and energies, in going for a proposition
498
I 
APPENDIX.
which the South in the end will not accept, or at least which I do not
believe they will accept, as there is every reason to suppose they will
not accept it. Then, when we know there are propositions upon which
so many of the Border States have said they would be willing to settle
existing difficulties, why not submit them? I think, under such cir cumstances, notwithstanding the respect which I feel for the members
composing the Peace Congress, my duty to my own State, whose Legis lature has spoken in regard to it, and my sympathy with so many of
the Southern States who have declared the same opinion, should induce
me to present the proposition which they desire instead of one to which
none of them have as yet given their adhesion, and to which I have no
idea they will ever agree. 
Mr. CRITTENDEN  -I suppose, Mr. President, not only out of
deference to the Presiding Officer of this body, but because it seems to
me to be entirely reasonable, that the decision of the Chair on the
question of order which was made as to the admissibility of these
amendments, was correct. The question which these amendments present, I think, is a question of consistency or inconsistency with the
proceeding in which we are engaged, with the resolutions offered by the
Peace Conference; and each member, in deciding ultimately upon the
question for or against the proposed amendment, will consider that
question of consistency or inconsistency, and regulate his vote accordingly. It is not, perhaps, strictly a question of order, to be decided on
the consistency or inconsistency of amendments. So I take it. I am
willing it should be decided by this body.  Now, what is it?  The
proposed amendment contravenes the whole nature of the transaction,
and changes its character.   The representatives of twenty-one or
twenty-two States-we will not make any question about Kansas;
whether it be in or not, is not material-the representatives and delegates of over twenty States of the Union have recommended to us the
adoption of certain amendments to the Constitution, which they say
will arrest the troubles of the country and adjust those great differences
which now so much threaten us; and they ask Congress to propose
these amendments to the several States, according to the fifth article of
the Constitution, for their adoption. These amendments have been
submitted to us, and the question is, whether we will submit them to
the States or not? That I take to be the specific and solitary question.
This imposes no obligation on us to sanction these constitutional amendments by proposing them to the people. We can do as we please upon
that point; but what is the question and the only question? It is not
whether we ourselves will propose amendments to the Constitution,
499 
APPENDIX.
but whether we will propose to the people the amendments which this
Convention has proposed to us. Now, that whole character is effaced,
and a new character is given to the transaction, if any one of the
amendments proposed by Senators be adopted.
Suppose these same States, by their Legislatures, had respectively
recommended to us these particular and specific constitutional amendments, asking us to propose them according to the Constitution: would
it have been proper for us then to undertake to amend their resolutions?
It would be a different transaction altogether. In the one instance, out
of respect to the States, we are proposing their resolutions; in the
other case, we are proposing our own to the States. Now, the question
here i, whether the resolutions have come to us with a sufficient sanction to constitute in our minds a reason for referring to the States the
amendments which the States themselves have asked. That is all. It
seems to my mind to be a clear question.  They have asked us, they
have requested us, to submit their resolutions, and not any others, to the
States; and the question is, will we comply with their request, not
whether we will fabricate amendments of our own and refer them to
the people. They have asked of us to submit their proposals; and
the question is, whether we will do it.
This amendment implies, in the first instance, that we will not do
that, because the moment we adopt the amendment of the Senator from
Virginia, that moment we say in effect, "We  will not propose your
recommendations to the people; while proposing our own, which we
will substitute for yours."   That is passing by this Convention
altogether; it is negativing the States represented in it.
If gentlemen take this view it will be a sufficient reason, I trust, in
itself, for voting against the proposed amendment. These propositions
which the Convention has recommended may be such as we may refuse;
it is in our power to refuse; but the question is, whether a recommendation, coming so sanctioned to us, is not, in itself, a sufficient reason
why Congress, if disposed to satisfy the people, shall do the small act
of presenting this to the people themselves, for their adoption. We
may reject it, if we please. The people, when it is sent to them, will,
of course, have the power to reject or adopt it. The only question now
is, whether we will give the States an opportunity of saying whether
this proposition is satisfactory or not.
Sir, I do not wish to occupy time; but I cannot perceive the justice
of the criticisms made upon these resolutions of the Convention. They
seem to me to be perspicuous and intelligible in every part and in
every sentence.  I do not see where the difficulty is to arise.  Gentle
500
i
I 
APPENDIX.,
men need not tell us here, in respect to these resolutions, that a member
of the Convention told them thus and so. No matter what a member
of the Convention told this one or that one about the votes that were
given, it is certified to us, in a formal manner, by the President of the
Convention-himself a Virginian, and once a President of the United
States-that this is the result of the proceedings of the Convention.
Mr. HUNTER.-If the Senator will allow me, I will state to him
how that occurred. It was decided, as it will be seen when we get the
Journal, that, according to some rules of the old Convention, they
should not vote upon a proposition as a whole, but upon each particular
provision. That was the rule of the Convention; and therefore he
certified it as the Convention had instructed. The vote was taken only
section by section, and the vote was never taken on it as a whole.
There is no inconsistency between what I have said, and the certificate of the President of the Convention, because, according to the
rules adopted by them, he had to certify it if it was adopted by sections,
though it was not voted upon as a whole.
Mr. CRITTENDEN:-I suppose this remark is intended to annul
the Convention, and discredit all their proceedings, though the Senate
have received the letter of the President and Secretary as authentic
evidence that this does contain the result of the deliberations and the
proceedings of the body.   I take it so, whatever a discontented member here and there may have said to the contrary notwithstanding.  He
may have said it all truly, for aught I know, but we must regard this
as the authentic act of the Convention; otherwise it was nothing; and
it is certified to us by the proper authority as its act, by the President
of the Convention, with the request that we shall adopt it. It must
have had, in some form or shape, the sanction of a majority of the
Convention, or it could not have been so certified to us. How they
voted, whether upon parts or the whole, they gave such votes as they
thought were necessary to ascertain the meaning of the body, and the
expression of their will and opinion upon the subject. This is what
they have done.
I do not stop to inquire whether I like these resolutions better than
I do those proposed by myself, or the amendments now offered by the
Senator from Virginia.   We  are near the close of our session.  I
have looked upon the proceedings of this great and eminent body
of men as the best evidence of public opinion outside of this body, and
of the wish and will of the States they represent. I am for peace. I
am for compromise. I have not an opinion on the subject of what
would be best that I would not be perfectly willing to sacrifice to obtain
501 
APPENDIX.
any reasonable measure of pacification that would satisfy the majority.
I want to save the country and adjust our present difficulties. [Applause in the galleries.]
The PRESIDING OFFICER (Mr. BRIGRT in the chair) called to order.
Mr. CRITTENDEN:-That is what I want to do.  That is the
object I am aiming at. I attach no particular importance-I feel, at
least, no selfish attachment-to any opinions I may have proclaimed on
the subject heretofore. I proclaimed those opinions because I thought
them right; but I am ready to sacrifice them, any and every one of
them, to any more satisfactory proposition that can be offered.  I look
upon the resolutions proposed by this Convention as furnishing us, if
not the last, the best hope of an adjustment; the best hope for the
safety of the people and the preservation of the Government.   I will
not stop to cavil about the construction of these words; but I see none
of the difficulties that suggest themselves to the mind of my friend
from Virginia. Look at that third section, which has been the subject
of his particular criticism. Every part and portion of it is a negation
of power to Congress, and nothing else; and yet he has argued as if
it gave Congress power; as if it conferred more power upon Congress.
It leaves to the States all the rights they now have; allYf the remedies
which they now have; and consists merely in a negation of power to
Congress. How can that take away the rights of the people? How
can that make our condition worse? I cannot possibly see. It is
nothing but a negative from beginning to end; and therefore it cannot
take away any thing from the people. It may take from Congress, but
cannot take away from the States, or the people, any thing. It is a
negative in its form and in its language, from beginning to end, that
Congress shall have no power to do this, that, or the other. If they
have that power under the present Constitution, it is taken away. That
is all. It takes away no power from the States. It takes away no
rights from individuals. Its simple office is the negation of power to
Congress. That is all there is in it; and how, under that, can the
gentleman find constructions which are to increase our difficulties and
diminish our rights? He says the language wil need construction. So
does all language need construction. I do not see that this is particularly so.
Now, sir, the Senator offers my own proposition as an amendment
to this. I shall vote against my own proposition here; I shall vote for
this. [Applause in the galleries.]
Mr. MASON:-I shall be constrained to require that the galleries
be cleared, if there be any further demonstrations in that quarter.
502 
APPENDIX. 
Mr. BAKER:-I hope the galleries will not be cleared.   The
admiration of a noble sentiment is never out of place.
The PRESIDING OFFICER:-There is no motion to clear the
galleries.
Mr. CRITTENDE N:-I shall vote for the amendments proposed
by the Convention, and there I shall stand. That is the weapon offered
now, and placed in my hand, by which, as I suppose, the Union of
these States may be preserved; and I will not, out of any selfish
preference for my own original opinions on this subject, sacrifice one
idea or one particle of that hope. I go for the country; not for this
resolution or that resolution, but any resolution, any proposition, that
will pacify the country. Therefore, I vote against my own, to give
place to a proposition which comes from an authority much higher than
mine-from one hundred and thirty of the most eminent men of this
country, out of which number a Senate might be selected that might
well compare in point of talent and intellect and ability even with this
honorable body. They have recommended this on arduous, laborious
consultation with one another; through many difficulties, through many
diversities of opinion, they have at last arrived at these conclusions,
and sent them to us. Shall any Senator stand upon the little consideration, " this changes my resolution," and shall he compare that little
atom of his production with the great end and object proposed to be
attained for a whole nation? No, sir; not a moment. I believe our
best hope of preservation is in adopting the resolutions proposed by
this Convention, and I adhere to them against all amendments.
Mr. President, the only material or substantial change in respect to
the first section of this proposed amendment from my first proposition
is, that it omits all reference to territory hereafter acquired, limiting
our consideration and our settlement to territory which we now have.
When I first offered my resolutions, I explained somewhat in reference
to that particular provision which related to future territory. I said
that I wanted no more territory. Our great trouble now is from the
magnitude of the territory which we have already acquired. New
Mexico is one of our acquisitions, and what a subject of dispute it has
been! I want no more acquisitions. My country is big enough, and
great enough. I say that further acquisitions are dangerous. We
have found them to be so. Our experience and our reason, then, unite
in teaching us "to beware of that sin, ambition."  National aggrandizement! I want no more. I proposed that, however, as the idea
then was, that we wanted a settlement that was to last forever; to be
eternal; to embrace the present and to embrace the future, with all its
503 
APPENDIX.
acquisitions, all its changes. Reflection since, and the arguments of
others, I will say, have changed my opinion on that point. - If they had
not changed it, however, I should be ready here to sacrifice it and give
it up, if thereby I could obtain the assent of any respectable portion of
my countrymen to the propositions for peace.   If we can settle in
respect to what we have, in GOD'S name let us do it; and if we are
to have future acquisitions, let us leave the troubles they may bring
upon us to a future day. We have enough for to-day. I do not object,
therefore, to the first section of the proposition of the Convention, that
it is confined to the territory which we now have. The adjustment
which they have made varies but little in substance in regard to the
territorial question, and the question of slavery as connected with it,
from my original proposition.  South of the line which we propose
to establish, 36~ 30', you have no foot of territory left, but what is
embraced in the Territory of New Mexico. In New Mexico, by law
of the Territory-a constitutional law, a valid law of the Territoryslavery exists as fully and completely as the law can establish it, or has
established it.
Now, this proposition is, that the status of things shall continue as
it is until that Territory becomes a State; and when it becomes a State,
let it dispose of the question of slavery as it chooses. There is no
ambiguity about this. In substance, though in a different form of
words, the same is expressed in my proposition.  The proposition of
the Convention is the same in substance, only omitting the words-a
very proper and a very timely omission-supposed to be offensive in
certain parts of the country, and substituting others that are equally
well understood in all parts of the country, and which were less offensive to some.
Sir, now is the time for mediation; now is the time for pacification;
now is the time to omit every word that can give offence or add to the
irritation under which the country is. I desire, by the most moderate
terms, by the most unoffending language, to reach some mode of adjustment that can give satisfaction to the whole country and reunite
us all.
My friend from Virginia seems to apprehend that under these
amendments we shall be worse off in respect to territory hereafter
acquired. That is supposed to be sufficiently provided for and secured
in the provision, that no future acquisition shall be made, by purchase
or by treaty, except that treaty or that purchase be ratified by a ma.
jority of the Senators from the slaveholding States, as well as a
majority of Senators from the non-slaveholding States. Does not this
504 
APPENDIX.
give the South a safe assurance, an assurance to be relied upon?  My
friend from Virginia says, however, do we believe the North, with its
superior number, would submit to this provision of the Constitution?
Why, sir, the Convention have had the caution to make this provision,
if I understand them, irrepealable by any future amendment of the
Constitution. There it stands, then, in the most solemn form that men
can enter into any compact, in the most formal language by any terms
that Government can establish, that all are bound by that provision of
the Constitution which requires a majority from each section. When
the gentleman asks whether we can believe for a moment that this law
will be acquiesced in and adhered to, I say we must to some extent
have confidence in one another, or all human society must lose its basis,
not merely of government, but its foundation, and all society would be
torn up at once by the roots. That confidence is the root of society;
it is the root of all the associations of men in public or private life; it
is the root and foundation of all government. What more can you
have, what better security can you have than written, solemn terms
upon any subject which is to regulate government?  There is nothing
more solemn among men, unless you would require angels to come
down and make responses for them. Here you have the very highest
security that can be given; and when any gentleman shall say these
are not to be relied upon, he says there is no Government that stands
upon any foundation that can be relied upon. Such an assertion
strikes not at this provision; it strikes at the root of all government.
What further security can be had? If our brethren of the other section were willing to give the highest possible security they could, what
can they give more?   Nothing.   This argument, then, can avail
nothing.
Mr. President, I have gone perhaps a little further than I ought to
have done. It is not now necessary that I should enter into a vindication of every provision of these amendments offered by the Convention.
It is sufficient to speak to the amendment which the gentleman has
offered. Excluding territory hereafter to be acquired, I think, in substance, we ought to be satisfied with that; I believe that will make
peace; I believe that will give substantial security to our rights, and
to the rights which the Southern States claim. With that I am satisfied. It is enough for the dreadful occasion. It is the dreadful occasion
that I want to get rid of.  Rid me of this, rid the nation of this, and
I am willing to take my chance for the future and meet the perils of
every day that may come. Now is the appointed time upon which our
destiny depends. Now is the emergency and exigency upon us. Let
505, 
APPENDIX.
us provide for them. Save ourselves now, and trust to posterity and
that Providence which has so long and so benignly guided this nation,
to keep us from the further difficulties which in our national career may
be in our way.
I prefer the propositions which the Convention have made to my
own propositions, because I have no hope for my propositions. They
have not been so fortunate as to receive the favor of my colleagues of
the Senate from the North, the men whose sanction of them was necessary to give them effect. I transfer all my hopes of peace to these
propositions and terms proposed by the Convention representing twentyodd of the States of this Union-a large majority of all the States. I
will not go into particulars about it; but since gentlemen have made
some allusion to the out-of-door rumors and reports and sayings in respect to this Convention, I believe that perhaps a majority of those
who voted for these amendments were men representing non-slaveholding States. I do not know the fact, and I will not state it, but I am
under that impression now, and that impression encourages my hopes
that the Senate, rather than see the country fall into ruin, fall into
dismemberment, limb from limb, and blood flowing at the plucking out
of every limb, will supply the remedy which is proposed. It seems to
me proper and just. But little is asked, and great is the reward, and
mighty are the consequences that are to flow from it.
Sir, I have occupied more of the time of the Senate on this particular question than I ought to have done.
Mr. iIASON:-Mr. President, there is a very grave duty devolving upon the Senate on the proposition which is now before us. We
are called upon, pursuant to the Constitution, to propose amendments
to the Constitution. The fifth article of the Constitution says this:
"The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution."
Now, sir, I cannot agree, for one, to propose an amendment to this
Constitution unless it has the sanction and the approbation of my judgment; and I suppose no other Senator will. I am bound, therefore, by
every obligation of faith and honor to my State, when a proposition is
submitted to the Senate as one that should be proposed to the States as
an amendment to the Constitution, to examine it and understand it, and
see it in all its bearings and effects, as far as my intellect will enable
me, and to propose it or to withhold it by my vote, as I shall be guided
by my judgment. I can see no other position of a Senator.
Now, sir, what are the facts? The country was convulsed by the
success in the late presidential election of one of the political parties of
506
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APPENDILX.
the country. The tremor was evinced at once in all the Southern
States, in a belief that their existence and their safety was imperilled by
that election. Congress met. As was proper and necessary, the very
first act in each House was to appoint a committee to take the condition
of the country into consideration, and see if, by any mode of amendment
to the Constitution, those perils could be avoided. A committee was
raised in the collateral branch. A committee was raised in this Senate,
I think upon the motion of the honorable Senator from Kentucky, actuated as he always is by principles of the highest patriotism. Those
committees met. They remained in anxious deliberation for weeks.
What was the result? They were unable to agree. I think the committee came before the Senate and admitted the fact. They could agree
upon no form of amendment which they believed would remedy the
evils and avert the perils under which the country suffered.
In that state of things, the Legislature of Virginia-my  own
honored State-having been called into special session on the 19th of
January, passed a series of resolutions, one of which recites this:
" That on behalf of the Commonwealth of Virginia, an invitation is hereby
extended to all such 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 which the Constitution was originally
formed, and consistently with its principles, so as to afford to the people of
the slaveholding States adequate guarantees for the security of their rights."
That is the recital of the resolution of the Legislature of Virginia:
to afford to the people of the slaveholding States adequate guarantees
for the security of their rights;" and there was a further provision,
that, if those States should meet and agree upon any form of adjustment, it
should be submitted to Congress. A number of the States-some twenty
or twenty-one, it seems-some by their Legislatures, some by their
Executives-met the invitation of Virginia, and deputed their commissioners to the conference in Washington, to see if they could agree upon
a mode of adjustment. We have the report of that Conference before
us now, presented through a committee of this body; and they propose
an additional article to the Constitution. lIr. President, the honorable
Senator from Kentucky, who has pronounced so deserved a eulogium
upon that body, does not exceed me in the respect which I bear to it.
If there be one more than another Senator upon whom it would devolve
to treat the work of that Convention with peculiar respect, it would
devolve upon me and my colleague, because they met at the invitation
of my State,  I yield to none in the respect which I bear to those
gentlemen or to the purity of their motives in the results which they
507 
APPEIX,
have attained in that Conference; but, sir, I am bound by my obligations to the Constitution, by my honor as a man, by my faith to my
own State, to understand what they have done, and to exhibit it either
in recommendation or disapproval, as my judgment may dictate.
Nullius addictus jurare in verba magistri.
I admit no authority to bind my judgment as a representative of one
of the States of the Union. I yield my respect to what they have done;
but I will scan it, and if, in my honest, unbiased judgment, I cannot
recommend it as an amendment to the Constitution, I am bound to
withhold that recommendation, and to give the reasons for it.
As I have said, sir, the State of Virginia, finding that Congress was
at a loss for a mode of adjustment, invited the States to send commissioners here for this purpose:
"To agree upon something which would afford to the people of the slaveholding States adequate guarantees for the security of their rights."
Virginia knew that, under the Constitution as it was interpreted
under the constituted authorities of the country as they have been
elected, there was no security for their rights; and it was in the hope
of obtaining such a security-Congress failing to agree upon it-that,
at her invitation, these gentlemen from the different States met here in
conference. I am to look, therefore, to their work, and to see if it
affords that security for their rights; and if I am satisfied in my own
judgment, as I honestly am-and the reasons for which I am nowt to
announce to the world-that it not only affords no security for the
rights of the South, but takes away what little they have, I should be a
traitor if I would recommend it as an amendment to the Constitution
of the United States.
Now, sir, let us look at it. It is presented as an entire article, to
be the thirteenth article, if adopted, of the Constitution. The first
section of it relates to the Territories-the great and difficult point of
division between the two sections. If that could be overcome-if these
rights that are spoken of in the resolutions of Virginia in the Territories
could be guaranteed by adequate securities to the slaveholding StatesI believe the rest of the path would be smooth. It embraces almost the
whole controversy. What securities are provided in the Territories to
the slaveholding States by this first section of the thirteenth article?
It proposes to dividethe present Territories-for it is confined to themby an east and west line, a parallel of latitude. North of that line,
there is a clear cut entirely, unsusceptible of misinterpretation. None
can doubt what the condition of servitude is north of that line.  It is a
clear cut; it is prohibited, and prohibited forever. No interpretation
508'
I) 
APPENDIX.
can mistake it; no casuist can doubt upon it; it is a work well done.
North of that line involuntary servitude, except for crime, is prohibited.
How is it south? My honorable colleague, I think, has well said that,
south of that line, for our rights, at best we are remitted to a lawsuit.
I will read the langutage:
" Nor shall any law be passed by Congress or the Territorial Legislature
to hinder or prevent the taking of such persons-"
That is, persons held to service
"from any of the States of this Union to said Territories, nor to impair the
rights arising from said relation."
Neither Congress nor the Territorial Legislature has power to interfere with the rights arising from the relation of master and servant,
or master and slave.  That is the meaning; that is clear.  What next?
"But the same-"
The rights resulting from the relation of master and slave"shall be subject to judicial cognizance in the Federal courts, according to the
course of the common law."
There is the security for the rights of the South. South of that line
they are remitted to the courts under the common law. Now, sir, let
us examine that. By this section, if it is adopted as an article of the
Constitution, thle common law, eo nomine, is made a part of the Constitution, so far as it affects the relations of master and slave.  Now,
what is the common law? Who is there upon this floor that will tell
me what common law is meant by this section? With all my respect
for the thorough knowledge and the legal acquirements of the honorable Senator from Kentucky, I know he cannot tell me what common
law is meant by that first section. We know, as jurists, what is meant
by the term common law, for it is a technical term. The common law
is the law of England, the unwritten law of England, the lex non scripta.
That is the common law in its legal acceptation. Is it, then, the law
of England that is made a part of the Constitution, and to which the
master is remitted for the security of his rights between him and his
servant? Will any gentleman tell me that it is the common law of
England that is to be made a part of the Constitution to which we are
to be remitted? If it is the common law of England, is it the common
law of England as it stands at this day, on the first of March, 1861?
Mr. CRITTENDEN:-If my friend will allow me, I take it that
that term applies only to the remedies known to the common law.  The
laws of the Territories are to be enforced, and the remedies under them
509 
ZAPPENDIX.
are to be administered according to common law. The master is to
have his rights according to the law of the Territory, and to secure
those rights according to the common law.
Mr. MASON:-The language of the section is, that neither Congress nor the Territorial Legislature shall interfere to impair the rights
arising from this relation of master and slave; " but the same "-that
is, this relation between master and slave-" shall be subject to judicial
cognizance in the Federal courts, according to the course of the common law."
Now, the honorable Senator says that means only the remedy
of the common law; that you are to take the law of the Territory,
whatever it may be, and administer that, by confining it to the remedies known to the common law. I deny the interpretation. The
Senator may be right, or I may be right. I say the text does not warrant the interpretation. The text refers to the rights in the relation of
master and slave, and says they (those rights) shall be the subject of
judicial cognizance, according to the course of common law. Now, I
ask, what is the common law that is thus made a part of the Constitution for the subject to which it refers? Is it the law of England?
There is no common law, that I am aware of, known to jurists as
the law of England. There is no law in the State of Virginia, and, I
presume, none in the State of Kentucky, known as common law. The
State of Virginia, when it became independent as a colony of Great
Britain, adopted and made its own that which before had been the
common law of England, and therefore the common law of the colony.
The State of Virginia (and I instance that only because I am familiar
with it), when it became independent, adopted as its law the common
law of England, as that common law stood at the commencement of the
fourth year of James I.; and thereby, by statute, made that which had
been the common law, the law of Virginia. Now, it is the law of Virginia, not because it is the common law, but because statutes made it
the law of Virginia. But is the common law of Virginia, if you will
call it by that name, the common law of Kentucky; or is the common
law of Kentucky the common law of Missouri; or is the law of those
three States, or any other State, now the common law of England? I
demand to know, therefore, when we make the common law a part of
the Constitution, if this enactment should prevail, what is meant by the
common law? To that vague, grand residuum of judicial legislation we
are to be remitted for our rights between master and slave, if this is
enacted.
Now, sir, suppose it were so: my colleague has well said (and I
510 
APPENDICX.
will not repeat it after him, for I should only weaken it), that there is
not one judicial interpreter or expounder of the common law, in any
one of the free States, in reference to the relation of master and slave,
that does not deny that the master has any property in his slave, at this
day and this hour. Why, sir, what is the pending controversy between
the State of Ohio, one of the free States, and the State of Kentucky, one
of the slave States-a controversy depending here recently in the Supreme Court? The Governor of Kentucky demanded, under the Constitution, the rendition of a fugitive from justice, who had abducted a
slave from Kentucky, and carried him into Ohio. The Governor of
Ohio refused the demand, upon the ground that there could be no stealing of a man; that there could be no property in man; and that the
slave, being a man, was not a subject of theft, of larceny; and he refused,
and refuses up to this day, under the common law, to recognize the
existence of property in man.
Now, take the common law of England at this day: here, within
the last three or four weeks, the Queen's Bench, in England, has declared as the common law, that if a slave murders his master, or
murders the agent of his master, in the attempt to recapture him, he is
justified. That is the common law to which we are to be remitted for
the rights resulting from the relations of master and slave. Sir, I have
looked back a little to see what the common law was in England in
this famous Somerset case. I find this in the argument of the counsel
there; expounding the common law, which was afterwards sustained by
Lord MANSFIELD in his decision:
"But it has been said by great authorities, though slavery, in its full extent, be incompatible with the natural rights of mankind, and the principles
of good government, yet a moderate servitude may be tolerated, nay, sometimes must be maintained."
And again:
"There is now, at last, an attempt, and the first yet known, to introduce
it [slavery] into England. Long and uninterrupted usage, from the origin of
the common law, stands to oppose its revival."
And again:
"A new species has never arisen till now; for had it, remedies and powers
there, would have been at law; therefore, the most violent presumption
against it, is the silence of the laws, were there nothing more.  It is very
doubtful whether the laws of England will permit a man to bind himself by
contract to serve for life; certainly will not suffer him to invest another man
with despotism, nor prevent his own right to dispose of property."
And aga'min:
511 
APPENDIX.
"There are very few instances, few, indeed, of decisions as to slaves in
this country. Two in Charles II., where it was adjudged trover would lie.
Chamberlayne and Perrin, William III., trover brought for taking a negro
slave; adjudged it would not lie.  4th Ann., action of trover; judgment by
default.  On arrest of judgment, resolved that trover would not lie.  Such
the determinations in all but two cases; and those the earliest, and disallowed
by the subsequent decisions. Lord HOLT:'As soon as a slave enters England he becomes free.'"
In the opinion of the court, of Lord MANSFIELD, as to these principles of common law, that very distinguished and able judge, who made
the law, as I understand, for the occasion, but certainly ruled it as the
common law, says this:
"The state of slavery is of such a nature that it is incapable of being
introduced for any reasons, moral or political; but only by positive law, which
preserves its force long after the reasons, occasion, and time itself from
whence it was created, is erased from memory. It's so odious that nothing
can be suffered to support it but positive law. Whatever inconveniences,
therefore, may follow from a decision, I cannot say this case is allowed or
approved by the law of England."
I need not go back to authority. We have it abundantly in our
own country, in all the free States, so far as I know, without exception.
They deny what the amendment of my honorable friend from Kentucky
affirms. They deny that there is property in a slave. The amendment
of the Senator affirms there is property in a slave. This section is
silent, omniously silent, portentously and potentially silent. It is not
only silent, Mr. President, but when it refers you to that code of law
which is to protect the right of the master to the slave, it refers you to
the common law, and the common law to be expounded by the Federal
courts, and the common law, which is judicially and historically known
to the whole country, to be expounded in all the free States as one that
denies that very property which we say must be secured. That is our
position under this section. Sir, the State of Virginia has said that we
must have adequate guarantees; and I am asked here to vote away
what little guarantees we have. I am asked, almost in the high ethics
or morals of revealed religion, when my adversary takes away my
cloak, that I shall give him my coat also. I am required to do that by
this section. We believe that our rights are secured under the present
Constitution; we know that they have been withheld by the political
party which has now come into power; we believe that they are insecure
unless there are further and adequate guarantees; but, so far from
their being proposed by the section before us, in my judgment, what
little we bave is taken away. Sir, I cannot vote for these propositions.
512 
APPENDIX.
I regret it. I was prepared, whether it had the approval of my judg ment or not, to follow the instructions of my State, and to vote for the
amendment offered by the honorable Senator from Kentucky after it
had been modified, as was required by the resolutions of my State.
The amendment of the Senator from Kentucky was so modified, I
do not know whether at the instance of Virginia or not; but it was
modified by a vote of this Senate, so as to embrace what was required
in the resolutions of Virginia. I am not at liberty to recommend, or,
in the language of the Constitution, to propose to the States this section
of the thirteenth article; because it not only withholds, but denies by
withholding, any security, far less that security which the State of Vir ginia requires.
There are further provisions in this proposition that are objectionable, one of which was pointed out by my colleague: that which calls
upon Congress to legislate on that clause of the Constitution which
secures to the citizens of one State all the privileges and immunities of
citizens of the several States. I need not say that any legislation on
that subject by Congress would be any thing but the messenger of peace
to which the honorable Senator from Kentucky looks. Why, sir, it
has been found indispensable in slaveholding States, as a part of their
police regulations, to punish all persons who were either of the State
or otherwise, who tamper with the slaves, who have intercourse with
them that is forbidden by law, far more those who preach to them
sedition, or insurrection, or revolt; and yet, if we were to be controlled
within the body of the State by Federal relations in our interior police,
we should be completely at the mercy of the free States.
Mr. President, I should have been certainly gratified, if my honored
State of Virginia had been successful in the mediation which she invited
of all the States, with a view to agree upon an adjustment which would
guaranty the rights of the South. I deeply deplore, and I doubt not
my State will deplore, that that mediation has not been effected. So far
from impugning any motives or purpose of that honorable and distintinguished body, I doubt not that, in the short time that was allowed
to them, they got together the best mode of adjustment which would
satisfy their judgment, but which I am sure will not satisfy the judgment of the Southern States, but would place them in still greater peril,
if they were to admit that to become a part of the Constitution. I did
not intend to do more than state my objections to it as briefly as I could.
I have done so temperately and without heat, I regret that I cannot,
as one Senator, propose this as an amendment to the Constitution.
Mr. CRITTENDEN: —-I wish only to reply for a single moment
33
513 
APPENDIX.
to the material objection urged by the Senator from Virginia. The
portion of the article to which the Senator from Virginia objects, declares
that the status of persons bound to service and labor shall remain unchanged; that neither Congress nor the Territorial Legislature shall pass
any law affecting the relation, or the rights growing out of the relation
between master and servant-I do not pretend to recite the exact words;
but that is the exact idea-well knowing that, according to-the laws of
the Territory, the status of slavery was fully established, and all the
rights of the master in and to his servant established, as they exist in
the State of Missouri, or the State of Virginia, by positive law of the
Territory.  It is therefore equivalent to saying that that law shall stand,
when it says that the status shall continue unchanged. It then goes on
to say (which I admit was altogether unnecessary) that the remedy for
the violation of the rights of the master, whatever they might be, shall
be had in the Federal courts, and according to the course of the common law. Now, sir, what right does this take away from any slaveholder?  That law which secured and gave him a right, is declared to
be unchangeable. That law acknowledges his property in any sense
in which you please to take it, or in any sense in which it is applicable.
It acknowledges it, and gives legal remedies for the violation of it; and
in addition to all that, and, as I admit, by a sort of pleonasm of expression, it says that he shall have his remedy in the Federal court,
according to the course of the common law.
Mr. MIASON:-Will the Senator allow me a moment?
Mr. CRITTENDEN:-Certainly.
Mr. MASON:-With the permission of the Senator I will put this
proposition to him: He says that the meaning of the language, " according to the course of the common law," is confined to the remedy.
Now, admitting that to be the case, for the sake of the argument, suppose, in one of these Territories, a slave is purloined, seduced, got
away; the slave of A gets into the possession of B, and he is there at
work for him upon his farm, or in his house, and A brings an action
of trover to recover him; that is an action known to the common law;
and the decision of the Federal court is, that trover lies only to recover
property, and a slave is not property: what is the remedy? That is
the decision in England; and I presume it would be the decision in the
free States, if the suit were brought.
Mr. CRITTENDEN:-It was to avoid going into definitions of
that sort that this language was employed in the amendments of the
Convention.  They saw and had before them the law of New Mexico,
which did acknowledge the existence of this right as fully as it is ac
514
i
I
I
II 
APPENDIX.
knowledged by the law of Virginia. However it may be disputed here,
however legal opinions may differ about it, the law of New Mexico
established property in slaves'; and there the law stands; and the Convention now comes and says that status shall remain unchanged.
Mr. BRAGG:-Oh, no.
Mr. CRITTENDEN: -That is the resolution.
Mr. BRAGG:-Will the honorable Senator allow me a word, for
I am very anxious to understand it?
Mr. CRITTENDEN:-Certainly.
Mr. BRAGG:-The  Senator says it provides that that law, the
law of New  Mexico, whatever it may be, shall remain unchanged,
if I understand him, and that that fixes the status of slavery in the
Territory. I call the attention of the Senator to the language. I think
that only fixes the status of persons now in the Territory, and not those
to be carried there hereafter-not the status of slavery, but the status
of persons who are there now, held to service or labor, and not the
status of those who are to be carried there in future. That is provided
for in the language which it follows in another part.
Mr. CRITTENDEN:-Here it is, sir:
"In all the present territory south of that line "Which I have explained, and which gentlemen admit to be embraced
in the Territory of New Mexico"the status of persons held to involuntary service or labor, asit now exists."
It is not as to such slaves as are now there, but such slavery as
now exists.
Mr. BRAGG:-If it said that, I admit that it would  cover the
status of slavery.
Mr. CRITTENDEN:-It does say that.  It seems to me that is
the only construction that can be given to the language. It could not
be intended to confine it to the twenty-six slaves that are now held
there, especially when they provided, in a subsequent article, that it
shall be lawful for any one to carry slaves there.
Mr. BRAGG:-Will the honorable Senator again allow me to interrupt him?
Mr. CRITTENDEN:- Certainly.
Mr. BRAGG:-I have not the slightest doubt that a great many
who voted for the proposition consider it as the Senator does. I have
equally as little doubt that others intended it to mean precisely what I
have stated. I cannot see, for my life, while they were framing a constitutional provision, why they did not place this matter beyond any
515 
APPENDIX.
sort of doubt. If they intended to recognize slavery, they could have
said so in one word. If they intended not to recognize it, they could
have said it in another word. If they intended to mystify and leave in
doubt, then they have been very successful in accomplishing their
purpose.
Mr. CRITTENDEN:-" In all the present territory south of that
line, the status of persons held to involuntary service or labor, as it now
exists;" not as they now exist; not in respect to those that are there
now; but part of the same sort of slavery which now exists, shall continue to exist unchanged until the Territory becomes a State; and in
the mean time persons shall be admitted to go into that Territory and
carry their slaves with them. Now, I submit it to my honorable friend
if it is not entirely improbable that any such construction as he suggests
can prevail before any court that seeks to attain the real intention of
the parties who made this proposition? It is such slavery as now
exists. Persons held to that service-you may carry as many there as
you please.  Put them both together, and they would read so; and
they being in the same instrument, can there be a doubt that ought to
alarm us here, that the construction will be given to it which I place
upon it, that it was intended not to be confined merely to persons now
there and held to servitude, but as well to those who might be carried
there hereafter? This is all I will say in reference to that; and I submit it to the candor and the judgment of my honorable friend from
North Carolina, in which I have entire confidence, whatever result he
may come to, that if we put the two propositions together, all doubt
would seem to be removed.
Now, sir, my friend from Virginia will argue this question as if the
question of slavery was to be decided according to the course of the
common law, and then refers us to the express declarations and decisions as though the common law decided that slavery could not exist.
What sort of construction would that make of this provision?  Here
they have provided that the law establishing slavery shall exist, that the
property of the master in him shall be recognized as it is there established by law; and then the gentleman supposes that to be exactly contradictory, to refer to the common law as furnishing the rule of decision,
which common law says there can be no property, as he interprets it,
in man, and that when trover was brought for a slave   Mr.  MASON:-Not  as I interpret it, but  as  interpreted  in
England.
Mr. CRITTENDEN:-I know that.  He says it may be so interpreted; that when trover was brought for a slave in England, the
'X
516
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APPENDIX.
judges decided there was no property in man. Could the same judges,
sitting in a court in New MIexico, have given that decision when the
law there established such property? In such a case, their decision
must be different. They are referring, according to him, to two con
tradictory rules: one establishing slavery and acknowledging property
in the master, and the other the common law denouncing and deciding
against the right of property in man. This could not have been their
intention, nor can this be the construction. We cannot consider these
gentlemen to have changed their opinion from one sentence to another,
to have left an incongruity and a contradiction expressed upon the face
of the same section.
Nor, sir, do they refer-and that is my answer to my friend from
Virginia-to the common law as furnishing the rule of decision at all.
The proceedings shall be according to the course of the common law;
that is alL If any violation is done to the rights of the master, he may
sue; and, for his greater security, he may sue in the Federal courts;
* and, for greater security still, the law shall be administered according
to the course of the common law.  The common law is referred to as
determining the mode of trial. We say according to the course of the
civil law, and we say according to the course of the common law.
What do we mean? We mean this marked and characteristic and es  sential difference: the course of the civil law is for the judge, without
the intervention of a jury, to decide facts as well as the law. The
common law takes away from the judge the power of deciding the facts,
and demands a trial by jury. What this convention mean, therefore,
by this provision is, that trial shall be by jury, according to the course
of the common law. That is the explanation of the difficulty) and thus
all doubt is removed.  By these plain provisions-plain in themselves,
and made plainer still by being taken with the context-they say you
shall have your rule of right, according to the law of the Territory,
which is in your favor as to the right to hold persons as property; that
law shall be your security; you shall have a remedy for any violation
of that right in the Federal courts, and you shall have that remedy, not
according to the course of the civil law, in which the judge is to decide,
who might be against you, but in which a jury shall be called to decide
the fact according to the\ course of the common law. That is the whole
of it.
Mr. MASON:-Mr. President   MIr. POLK:-If the Senator will allow me, before the Senator from
Kentucky sits down, I will ask him if the Mlexican law establishes slavery, or if it does any thing more than to protect the right of the master
51i7 
APPENDIX.
to his slave? If that is the only establishment of it, then it is established by implication merely.
Mr. CRITTENDEN:-I really do not know whether the gentleman would consider it as establishing or merely protecting. I do not
know that there is a law in any State of the Union that eo nomine establishes slavery; I do not know.
Mr. POLK:-The object of the inquiry was this: it has been contended heretofore that, by the law of Mexico, there could be no slavery
there; and then there is another law of New Mlexico professing to protect the right of property. I have never seen that New Mexican law.
Mr. CRITTENDEN:-I believe I have answered the gentleman
as far as my information extends. I have examined that law. It is as
strong in favor of the master as the laws of Kentucky or Missouri. I
believe it is the law of Mississippi transcribed literally, verbatim. That
is my understanding. The law is as complete on the subject as the law
of any State that I know of.
MIr. MASON: —Mr. President, if the Senator from Kentucky is
right, and, in the interpretation of this section, the courts are necessarily to consider the expression, "according to the course of the common law," to which slaveholders are referred for the enforcing of the
relation of master and slave, as referring only to common law remedies,
then I am at no loss to conceive, after our experience of judicial interpretation against slavery, by what sort of artificial and sophistic reasoning those judges of the Federal courts may feel themselves bound to
withhold the remedy. Why, sir, are we to shut our ears and our eyes
against experience passing before us every day? What is the present
Constitution? The second section of the fourth article is in these
words:
"A person charged in any State with treason, felony, or other crime, who
shall flee from justice, and be found in another State, shall, on demand of
the executive authority of the State from which he fled, be delivered up, to
be removed to the State having jurisdiction of the crime."
That is the text of the Constitution. What is the interpretation in
the free States? In the State of Kentucky an African is property,
under their laws and usages, and has been so for two hundred years;
for it was so when it was a part of Virginia; and did it ever enter into
the mind of man to conceive that this plain text of the Constitution
would be resisted, upon the ground that property in man was not acknowledged? And yet it is done. If I am not mistaken, the honorable Senator from New York [Mr. SEWARD], not now in his seat, when
Governor of New York, made that very question with the Governor of
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Virginia; and seeing this, are we to be willingly blind to this as the
actual, judicial, and executive interpretation in every thing that affects
the question of slavery as it stands in that section, and that, too, while
we are seeking equality? Sir, it never entered into the mind of man,
at the time this Constitution was formed, to credit that the time could
ever come in the relations of these States when a man who fled from
the State of Kentucky because he had stolen a negro into the State of
Ohio, was screened from the operation of the Constitution, because in
Ohio they do not deem a negro to be the subject of property; and yet
that is the fact, the very issue now depending between those States;
and we are asked to be blind, willingly blind, to all that experience at
the very time we are attempting to secure a guarantee for violated
rights!
Now, I said, Mr. President, that, if I were to tax my ingenuity, I
might find a mode, even if the honorable Senator is right in ascribing
to this clause of the section the necessary interpretation that it refers to
remedies only. The Senator says the previous part of the section establishes the relation, as he construes it, not directly like the resolution
of the honorable Senator which we offer here as an amendment, which
establishes directly that there is property in slaves. This does not; but
designedly avoids it; not from any improper motive-I do not ascribe
that-but it is not only silent, but it avoids the very question. I suppose the honorable Senator is right in saying this language, judicial
cognizance, according to the course of the common law, refers only to
the remedy. Now, I tax my ingenuity to know how a court, in one of
the free States, always leaning, of course, against slavery, would reason
out that proposition, whether the remedy could be applied. Suppose an
action of trover is brought. The inquiry would be, what is the remedy?
We are told this is the remedy for which you are to apply to the law.
A remedy is nothing in the world but a redress for wrong.  Before you
can apply the remedy, therefore, you must ascertain whether a wrong
has been committed for which the remedy is adequate. Well, it comes
from one side: the wrong was in taking the negro from the possession
of the owner, against the local law of the Territory.   The answer
would be, " that may be true as far as the local law of the Territory is
concerned; but here the Constitution adopts the common law as part
of its text, and points the judges to the common law, and it applies the
remedy." Now, the remedy is redress of the wrong, and we are bound
to see that the wrong is one to which the remedy is applicable.  The
remedy is to recover property in the possession of one who is not entitled to it, and the common law, which applies that remedy to that wrong,
519
4f 
APPENDIX.
says there is no wrong inflicted by taking the negro from the possession
of his owner. It comes to that. It is suggested to me by the honor able Senator from Vermont [Mr. COLLAMER], that the common law,
as a remedy, is one applicable to a common-law wrong.  I do not say
that the reasoning is just; I do not say that it is juridical; but I say,
in our experience, we should be willingly blind if we take that for a security which will only be a snare.
Mr. PUGH:-Mr. President, it is very well known to the Senate
that I prefer the proposition of the Senator from Kentucky, as a matter
of individual choice, to the proposition which is proposed by the Peace
Conference. Nevertheless, that Conference having been authorized, if
not by Congress, at all events, so far as my State is concerned, by the
act of her Legislature; and an overwhelming majority of the commissioners having agreed to this proposition as it stands, I shall hesitate
very much in departing from it, whatever might be my individual opinion; but certainly if I thought the two Senators from Virginia had
given it a correct interpretation, I should not agree to it. Now, as to
this clause, it, in my judgment, had better have been omitted:
" The same shall be subject to judicial cognizance in the Federal courts,
according to the course of the common law."
I suggest that the common law is referred to as fixing a right
simply. The course of the common law is a phrase defined for more
than two hundred years, in Latin, in English, and in Norman French.
It means the formula of proceeding. I understood the Senator from
Virginia [Mr. 1VAsoN] to say that it had been decided in several of the
courts that an action of trover could not be brought for a negro slave
in England. I think I am familiar with the case. It is reported in
Salkeld's Reports, Lord Raymond's Reports, and in the Modern Reports-the same case reported three times; but the same court which
decided that trover would not lie, because trover included the idea of
property in the man himself, in the same opinion said that trespass on
the case would lie for the loss of the service; so that it was all a question of pleading, and no question of right at all. It is within my recollection-and I believe the case was brought to the Supreme Court on a
writ of error, and can be found in Howard's Reports-that a citizen of
Kentucky declared in trespass on the case for taking away his slaves,
and added two counts in trover. What is trover but an action of trespass on the case?  Nothing more; and it never was any thing more.
The measure of damages is the same in both actions-the value of the
service of the servant; and yet that controversy on mere pleadingwhich in nine-tenths of the States of this Union, has ceased to be of
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APPENDIX.
any value, because they have a code of procedure, is made a terrific
objection here.
Now, sir, I have never read the code of New Mexico, and I do not
propose to read it; but it is perfectly understood that that Territorial
Legislature, pursuing the privilege, if you call it privilege, conferred by
the compromise measures of 1850, has established the relation of mas ter and slave, or master and servant, as perfectly as it is established in
any of the fifteen so-called slaveholding States. I do not admire this
word "status," which we find in the report of the Peace Conference;
but as to the meaning of that word, I cannot be in any doubt. It does
not refer to any persons in particular; it refers to a legal relation of
servitude as between master and servant, and it provides that that relation, or condition, or status, shall not be changed; that for all wrongs
or controversies arising out of that there shall be a remedy through the
Federal judiciary.
I can see why the commission made this distinction. There have
been many who have insisted that the Congress of the United States
should pass laws for the protection of the right of the master to the
services of his slave in a Territory; but it has always been my opinion,
that the worst thing the slaveholding States ever could have would be
to have that; for there would be a perpetual controversy here from
session to session, and from day to day, whether the law went far
enough in giving protection or went too far; and they would be remitting their right to the adjudication of the Senators and Representatives
from the non-slaveholding States. Others have insisted, as the propositions of my honorable friend from Kentucky provided, that the relation should be protected by the legislation of the territorial authority.
I would rather it were so, individually, if they chose to establish it.
The peace commission do not want that. They evidently do not want
to quarrel with the Territorial Legislatures about the measure of legislation; but they declare the right, and then say that this right shall be
enforced in the Federal judiciary according to the course of remedies
and forms of the common law. I do not see how there can be a doubt;
and yet, as I have said, it seems to me that a great deal of it is unnecessary verbiage. I do not mean to debate that; I am not one of the
peace commissioners; I am not to select my words to express the idea;
but I am here; and my State with other States, having appointed commissioners in view of a crisis like this, as they esteem it, and as I esteem it, and they having agreed upon a great variety of propositions,
some of which commend themselves to my judgment and some do not;
but taking it altogether as one proposition, I am satisfied that I must
521 
APPENDIX.
either vote for all of it, or let all of it fall. I would rather vote for the
proposition of my honorable friend from Kentucky. I said that sixty
days ago; and I have said it in season and out of season.  I have expressed my views frequently. I think the proposition of the commissioners would be better expressed, though it would come to the same
thing, in these words: " in all the territory south of that line, it is
hereby declared that no law or regulation shall ever be made or have
any effect denying or impairing the right of the inhabitants to the service or labor of such persons as were held in that condition in any State
of the Union; and thence taken into the said Territory." That would
have expressed my idea more clearly, yet I am satisfied with this; it
amounts to that.  Whether the word " status" be good Latin or good
English, the meaning is very clear.
I believe I admonished the Senate two hours ago that time was very
precious; and I shall not detain them myself.
Mr. BAKER: —Mr. President, I mean to vote for the passage of
these proposed amendments, just as they are, without any change; and
I propose to give very briefly a few of the reasons which govern my
judgment in that act. I will do it as pointedly as I can, and I will
certainly do it very briefly.
In the first place, I feel that I am but submitting to the people of
the whole country, amendments which they, and they only, can incorporate in the present Constitution; and I do not believe that, in any
state of the case, I can do very wrong in doing that; but when I consider the immediate condition of the country, I feel that I am doing
very right. Twenty States assemble in what is called the Peace Convention. They recommend to us, in times of great trial and difficulty,
the passage of these resolutions. They are eminent men; they are
able men; they are-very many of them, at least-great men; they
have been selected by the States which they respectively represent, because of their purity of character and ability. The country is in great
trouble. Six States have seceded; and I am told by very many men
in whom I have great confidence, that their States are to-day trembling
in the balance. I believe it. I am told-and upon that subject I have
not yet made up my mind-that the adoption of these measures by the
people will heal the differences with the Border States.   I do not
believe that I can do wrong, therefore, in giving the people of the whole
Union a chance to determine these questions.
In the beginning, I voted against the propositions of the distinguished Senator from Kentucky. Even then I did not perceive any
great harm in submitting any propositions to the people of the United
522 
APPEDIX.
States which circumstances might appear to render necessary for any
good purpose. I refused to vote for them, for two reasons: first, I believed something better might be attained; and second, I did not believe
that the people of the States would agree to them. I do not believe
that now, and for one simple reason: I think I may consider myself in
some respect a representative of the opinion as well as the power of my
own people. I am a Republican, a zealous and determined one. I
have all my life been of the opinion that Congress ought not to protect
slavery, and to extend the dominion of this Government for that purpose or with that possibility. A great many in the North, who are not
Republicans, but are what we call DOUGLAS men, have shown, at the
last election, under something of trial and sacrifice, that they too, do
not believe that the Constitution does or ought to extend slavery. I am
not disposed to give up that opinion; I do not believe they are. I was
not disposed to give up when six States were in the Union who are now
out, as they say; and I am not disposed to give it up yet. Independently of pride of opinion, I do not believe that kind of sacrifice
would accomplish any good result.
These are the reasons in brief which induced me to vote with regret
against the propositions of the distinguished Senator from Kentucky in
the earlier portion of this session. But now, we are within two days
of adjournment. Propositions essentially variant in their character to
those are submitted here; and I am asked: " Will you, in your representative capacity, submit these to your people for their decision, either
to accept or reject?"  Now, why not?  I need not dwell upon the fact
that, while we are a representative, we are at the same time a democratic Government. I will not shut my eyes to the fact that twenty
States appeal to us; I will not shut my eyes to the fact that there is
imminent danger of permanent dissolution; I will not shut my eyes to
the fact that, though the Republican party is in a constitutional majority, it is not yet, and it never has been, in an actual majority; and I do
not believe that it is possible for one-third of the people to coerce the
opinion of two-thirds.
Mr. WILKINSON  -I wish to ask the gentleman a question.
Mir. BAKER:-Do, sir.
Mr. WILKINSON:-I understand him  as saying that the whole
of the twenty States which were assembled in this Peace Convention
agreed to this proposition.
3Mr. BAKER:-My  distinguished friend was writing, instead of
listening, when he understood that. I did not mean to say that, and I
did not.
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APPEDIX.
Mr. WILKINSON:-I understood the Senator to say that twenty
States appealed to us.
Mr. BAKER:-Yes, sir; just as I say that the Government appeals
to another Government, I do not say every individual in it; just as I
say that Congress appeals to another Government, not every individual
member of Congress; but I do say, in the words of the proposition
before us, that "they," the Peace Convention, composed of the States
recited, "have approved what is herewith submitted, and respectfully
request that your honorable body will submit it to conventions in the
States, as article thirteen of the amendments to the Constitution of
the United States." That is all I said, or, at least, it is all I meant
to say.
Now, sir, suppose every argument that the distinguished Senators
from Virginia have brought to bear on this proposition was true: what
then? Is that any reason why it should not be submitted to the people?
Suppose they do not approve of it: what then? It is their business,
not ours. Suppose they should: it is a measure of peace, of security,
of union. Sir, I know, as you do, many of the members of that Convention.  I have acted with them as Whigs in old times, and I wish
they could come back. I know they have proved in old times, as they
will prove again, that they love this Union to the very depth and core
of their hearts. I do not propose to give them up; I do not propose to
weaken them; I do admire, with my whole heart, the sacrifice of opinion which they make, and which is typified by the noble expression of
the distinguished Senator from Kentucky to-day. Party or no party,
North or no North, I, at least, will meet him half way. My State is
very far distant. She had no members in that Convention. I do not
know whether she will approve this measure; but I know it will neither
hurt that State nor me to give her a chance to determine. I know very
well that the Senators from Virginia do not approve it. That is the
very reason I do. [Laughter.] If I was sure they would not think
me guilty of disrespect, I would remind them of what was said by a
distinguished man in old times. Phocion, in the last days of his Republic-and I hope in that respect, at least, there will be no parallelPhocion was once making a speech to the Athenian people, and something he said excited very great applause. He turned around to gentlemen, friends near him, and said: "What foolish thing have I been saying, that these people praise me?"  Sir, if Virginia, represented as she
is to-day-not as I believe she really is-but if Virginia, represented
as she is here to-day, and as she has been during this session, were to approve these propositions, I should doubt them very much indeed.
524 
APPENDIX.
I was surprised, however, to hear some things that the distinguished
Senator from Virginia-I do not know whether to call him junior or
senior-said.  I do not mean the Senator who spoke last.  I-He [Mr.
HUNTER] says that this proposition here is worse than the old Constitution. If that be really so, what in the world has he been complaining
of so bitterly? He tells us, now, that under the old Constitution slavery
was secure. Then, why do you grumble? He considers it as secure,
not only wherever it is, but wherever it can go-nay, more than that;
wherever the Stars and Stripes of the American Republic can float. I
have been telling my people that, as a Republican, for a long while, and
complaining of the Dred Scott decision; but he says slavery is secured.
All the complaint that the other Senator from Virginia [Mr. MASON]
makes, is against the decision of the courts in the free States we have
been in the habit of making, which he insists are against the decision of
the Supreme Court, constituted other than we wished it wag. We have
been in the habit of believing that one of the great evils we complained
of was under the old Constitution, and that a new construction was
given to it, alien to the intention, wish, construction, of our fathers;
and we have complained that the Supreme Court was so constituted
that it could not be reversed. We complained, as partisans, that now
this Senate and the other House were so composed that we had no
power in the Government, save through the President. Now, the
Senator from Virginia indorses the whole of it, and says they were
very well off, and did beautifully. Then why dissolve; why threaten;
why make a Peace Conference necessary?
Mr. President, let us be just to these propositions. As a Republican, I give up something when I vote for them; but remember, sir, I
am not voting for them now; I am only voting to submit them to my
people; and I shall go before them, when the time comes, being governed in my opinion and advice as to whether they shall vote for them
or not, as I see that Virginia, Tennessee, Kentucky, North Carolina,
and Missouri, by their people, desire. To be frank, sir; if this proposition will suit the Border States, if there will be peace and union,
and loyalty and brotherhood, with this, I will vote for it at the polls
with all my heart and with all my soul; but if I see that the counsels
of the Senators from Virginia shall prevail; if my noble friend from
Tennessee [Mr. JOHNsON] shall be overwhelmed; if secession shall
still grow in the public mind there; if they are determined, upon artificial causes of complaint, as I believe, still to unite their fate, their
destiny, and their hope, with the extremest South, then, perceiving
them to be of no avail, I shall refuse them. Therefore, at the polls at
525 
APPENDIX.
last, I shall be governed as an individual citizen by my conviction at
the moment of what the ultimate result of these propositions will be;
but I am not voting for that to-day. I am saying: " People of the
United States, I submit it to you; twenty States demand it; the peace
of the country requires it; there is dissolution in the very atmosphere;
States have gone off; others threaten; the Queen of England upon her
throne declares to the whole world her sympathy with our unfortunate
condition; foreign Governments denote that there is danger to-day that
the greatest Confederation the world has ever seen is to be parted in
pieces, never to be reunited."  Now, not what I wish, not what I want,
not what I would have, but all that I can get, is before me.   I know
that I do no harm.  If the people of Oregon do not like it, they can
easily reject it. If the people of Pennsylvania will not have it, they
can easily throw it aside. If they do not believe there is danger of
dissolution, if they prefer dissolution, if they think they can compel
fifteen States to remain in or come back, or if they believe they will
not go out, let them reject it. I repeat again, it is their business, it is
not mine.
But, sir, whether I vote for it at the polls or not, in voting for it
here it may be said that I give up some of my principles.  Mr. President, we sometimes mistake our opinions for our principles. I am appealed to often; it is said to me: " You believed in the Chicago platform."  Suppose I did.  "Well, this varies from the Chicago platform." Suppose it does. I stand to-day, as I believe, in the presence
of greater events than those which attend the making of a President.
I stand, as I believe, at least, in the presence of peace and war; and
if it were true that I did violate the Chicago platform, the Chicago
platform is not a Constitution of the United States to me. If events,
if circumstances change, I will violate it, appealing to my conscience,
to my country, and to my God, to justify me according to the motive.
[Applause in the galleries.]
The PRESIDING OFFICER  (Mr. FOSTER in the chair).  Order
will be preserved in the galleries, or they will be cleared.
Mr. BAKER:-Again, sir, let us see how, as a Republican, I give
up any thing.  First, suppose I did: I would give up a great deal to
preserve a great-Government; I would give up a great deal to be able
to shake hands with Kentucky and Tennessee as friends for the rest of
my life, as I have in all that has gone before. I would not be ashamed
to give up. I would not at least be giving up to traitorous secession,
such as Louisiana, MIississippi, and South Carolina are guilty of today; but I would be giving up to loyal and affectionate brethren, who
526
11 
APPENDIX.
implore me for the love of a common Union to do something to satisfy
the doubts and fears of their people. I can stand that; I will do it.
Again, sir; how much do I give up? I have said, as a Republican, that Congress has the power to prohibit slavery in all the Territories of the United States. I believe it to-day. Talking about giving
up, there are a good many other people that give up something here.
Gentlemen on the other side, who have been contending that Congress
had no power whatever to prohibit slavery, acknowledge that they were
mistaken; at any rate they go for it; they do prohibit it by law, by
the Constitution itself. Therefore I am not the only one that gives up.
Again: I believe it is wrong, politically wrong-I am not now discussing the social and moral question-but I believe it to be politically
very wrong to establish slavery in the name of freedom. Sir, twelve
years ago or more, it was my fortune, perhaps, to wander in a foreign
land beneath the Stars and Stripes of my country. I went there, as I
think, impelled by motives of patriotism, perhaps having mingled with
them not a little desire of adventure, love of change, and that feverish
excitement for which we people of this country are always and everywhere remarkable; but I believe, if I know myself, that I did suppose
I was doing something to repay the country for much that she had done
for me. Sir, often and again, wandering sometimes beneath
"Where Orizaba's purpled summit shone,"
sometimes by the dark pestilential river that marks the boundary between the two countries, often and often have I wondered to myself
whether I was wandering and suffering there to spread slavery over an
unwilling people. I am not sorry to see that now that is rendered impossible. I am not sorry to see that it is impossible, first, in the course
of events; but if it were not so, I know, if these propositions shall pass,
that the foul blot of slavery never will be extended over one foot of
territory to be stolen or conquered by the people of the United States.
But I am asked, " What do you say about New Mexico?"  I will
tell you in twenty words. I am an older Republican than many of
those I see around me, who vote to-day differently from me; not a better but an older. I voted in 1850, on the floor of the other House,
against the compromise measures of that year. I did so, among other
reasons, because I was not willing that Utah and New Mexico should
become slave or free according to the wishes of their people, believing
as I did then (I have changed my opinion in some respects since), that
that was not best for the whole country.  Contrary to my wishes, those
compromise measures prevailed. New Mexico is nominally now, I
527 
APPENDI)X.
believe, a slave Territory; that is, to use the words of the distinguished
Senator from New York [Mr. SEWARD], there are some twenty slaves
in the whole Territory. There they may, they probably will, remain.
I submit to my people a proposition, that if they approve it as a compromise, as a concession, for peace for the Union, as it happens that
that little Territory includes all that possibly can be slave territory, they
will let it alone till the people are able and willing to make their own
State constitution. That is all. Do I state it fairly? Does it go beyond that?
First, I contend that I give up but little. I give it up, as I understand, for purposes of freedom; and the distinguished Senators from
Virginia agree with me. They say, in substance, that I am getting a
great deal more than I give; and I confess, taking that view of the
subject, at least in part, I wonder that a good many more of my Republican friends do not go with me.
Again: it is said on the Republican side that we protect slavery.
In one sense we do, and in another sense we do not. In the offensive
idea to me and to you of protecting slavery, I do no such thing, and I
would die first. When the resolutions of the Senator from Kentucky
were up the other day, I voted for the amendment of the other Senator
from Kentucky [Mr. POWELL], in order to make them clear, to show
what I was voting against. I was unwilling that territory hereafter to
be acquired should be rendered slave territory; and I put that proposition distinctly in it, in order that when I voted against them, it might
be seen why and how I did it. As I have said, this proposition renders
that impossible. First, it refers only to the territory we now possess;
that is, New Mexico alone. As to the territory north of 36~ 30', I
need not speak.  We know that God Almighty has registered a decree
in Heaven that that shall never be slave.  We, on our part, want no
WILMOT proviso there; we all agree that we are willing to let it alone.
South, there is but the barren Territory of New lMexico.  Beyond that,
who knows? If we are to acquire it, we are to acquire it by this proposition, by the assent of a majority of the States of both sections and
two-thirds of the whole; and I do not know a man living who believes
that with that proposition incorporated in the Constitution, slavery is
probable, or even possible.
Therefore, Mr. President, I agree that in the compromise I, as a
Republican, do give up to that extent, and no more, what I have said;
but doing that, I believe that I consecrate all the territory between
here and Cape Horn to freedom, with all its blessings, forever and
forever.
528 
APPENDIX.
So far, sir, as the discussion as to the meaning of this phrase about
the common law is concerned, I do not care to indulge in it, and for
this simple reason: first, according to the legal view of the Senator from
Ohio, everybody knows that this expression, " the course of the com mon law," means the duly established forms of procedure known to the
courts; that is all. In the next place, I am not afraid of the common
law. I have been reared under it. With all its imperfections, and
they are many, I love it. While it may be an objection to Virginia to
quote it, to me it is full of guardianship and blessing. I do not stop to
talk about the Somerset case, nor the decision in Salkeld, nor the
Modern Reports. It is enough for me that I know, taking the whole
proposition together, that slavery is impossible beyond where it now is,
and, as a Republican, I can justify myself to my conscience in giving
that vote.
Mr. President, I add very few more words. I should have been
excessively pleased, as a partisan and a man, if the inauguration of Mr.
LINcoLN could be one at which all the States would attend with the
old good feeling, and with the old good humor. I have seen six States
separate themselves, as they say, from us, and form a new confederacy,
with great pain and greater surprise. I cannot shut my eyes, if I
would, to the existing state of things. I listen to the warning of my
friend from Kentucky. I listen to the warning of my friend from
Tennessee. I have been in both States. I know something of their
people. I believe that there, even there, the Union is in danger; and
I believe if we break up here without some attempt to reconcile them
to us, and us to them, many of the predictions of friends and foes as to
the danger will be accomplished. I said, in the earlier part of the session-I         repeat it-I would yield nothing to secession.  When the Representatives from South Carolina and Mississippi and Alabama and
Louisiana came here invoking war, telling us that if we did not yield
to them they would secede, they would confederate with foreign Governments, they would break this Union, they would hold us as aliens
and strangers and enemies, I believed then, as I believe now, that that
was too dear a price to pay even for Union and peace; but to-day the
case is altered. Virginia, Kentucky, Tennessee, reiterate their love for
the Union. They tell us in unmistakable terms that they desire to remain; and in every county, nay, in every township of those States, we
have staunch and true and ardent friends who would be willing to seal
their devotion to this Union with their blood. It is they to whose
appeal I would listen. It is from them that I would take counsel and
advice; and when they tell me, " pass these resolutions; they are reso
34
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APPENDIX.
lutions of peace; submit them to your people; listen to what ours say
in reply; if it appears to you at the polls that these resolutions will
produce peace, restore union, create or renew fraternal, kindly feeling,
pass them; let us settle this question, and be one people," I agree;
with all my heart, I will do it.
Now, as I close, let me ask what evil; who will be hurt? Suppose, when I get home, I find that the Senators from Virginia are on
the stump and they are convincing their people that they are a great
deal worse off; the more they convince Virginia that she is worse off,
the more Pennsylvania and New York will be convinced that they are
better off; and every argument they make against it in Virginia will
have a twofold weight North and West. I could not make half as good
a speech in favor of these propositions of Union, even in Oregon, or
California, or Illinois-I speak of the States I know best-as I should
make if I were to read their objections to these propositions.
But suppose-which I do not think possible-they could succeed,
not only in Virginia (which I do not believe), but in Kentucky and
Tennessee; suppose they were to swear, by the throne of God, they
would not take them, but would dissolve and go off whether we passed
them or not: we could very easily refuse to vote for them and be in as
good a condition as we are to-day, and, in the mean time, next Monday, Mr. LINCOLN will be inaugurated. I desire to see around him
thronging, nay forming the procession, every augury of hope and peace.
I expect to hear from his lips words of manly trust and confidence
in the Union, and of concession, kindness to all its constituent parts. I
have hoped that, in response to what he shall say, I shall hear from
every part of what is now acknowledged everywhere yet as our Confederacy, a perpetual hymn of hope and praise rising from all parts of
the Union; and, above all things else, I have hope and trust in time
and patience. Therefore it is that I shall do no harm.
I know that there are very excited feelings upon this subject North
and South.  I understand that Massachusetts, an honored State-let
me say, to qualify what I am going to say, first, that I believe that
Massachusetts is the pattern of a community in the world; as well represented here as any State can be; representing herself better than
anybody else can do it for her-I know that there are excited feelings
in Massachusetts, and I think she has good cause. The act that more
than any other else, perhaps, leads to this proposition of a Peace Convention-that "Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the
several States"-was an act which I abhorred and condemned from the
530 
APPENDIX.
beginning, and which I am not sorry to perceive that Massachusetts
remembers now.  Many gentlemen on the floor know to what I allude.
On the other hand, South Carolina and Louisiana are ferocious for dis union; and I am afraid that their young men do want war. There is
not excitement enough on the plantation and the farm, and in the
streets of the towns; but they really want contest, excitement, and
bloodshed. What they want I do not; I am trying to keep from it. I
do not apprehend, therefore, that the sentiments which I have expressed
here to-day will meet the approbation of the extreme men upon either
side. I have no doubt my republicanism may be doubted. I think I
can see in the look of my friend on my left now [Mr. KING] that he
has various convictions that I am very far from being sound in the faith.
[Laughter.]  Sir, it may be.  I come from the midst of a people not
directly concerned in this controversy; a population about half northern,
half southern. We have intermarried together. Our interests, our fears,
our hopes, our recollections, are mingled North and South; and I believe I am expressing their opinions-which perhaps form my ownwhen I say that I can see no possible harm to anybody anywhere in
submitting these propositions to the people, who are, and ought to be,
sovereign.
Besides, sir, what else can I do? As I sit down, let me ask Senators upon every side, what else can any of us do? Shall we sit here
for three months, when petition, resolution, public meeting, speech, acclamation, tumult, is heard, seen, and felt on every side, and do nothing? Shall State after State go out, and not warn us of danger? Shall
Senators and Representatives, patriotic, eloquent, venerable, tell us,
again and again, of danger in their States, and we condescend to make
no reply?
Sir, there is other business to be done here besides the mere ordinary business of the Government; besides the voting of supplies, and
the raising of means by which to buy them.  We  have questions here
to-day, as I believe, of peace and war, and I have waited long to see
some mode of their solution. I repeat, I go for this proposition, and
agree to submit it to the vote of the people, not because I believe it the
best that can be done. I believe, however, that, to-day being two days
from the close of this session, it is all I can do. When my people ask
me, on my return, "Sir, have not States gone out?" I will say, "Yes."
"Do not more threaten it?" if that is the word (I trust it is not the
best one), I say, "Yes."  They say, "Sir, do you believe they will do
it?"  "On my honor and on my conscience," I say, " if something is
not done, yes."  They then ask, " What have you done?"   Mr. Pres
.531 
APPENDIX.
ident, what have we done? I believe that is the question the country
will ask of us; and I, for one, will vote for this proposition, that I may
be able to respond.
Mr. GREEN:-Mr. President, I regard the consideration of this
question as one of the most important which has ever been presented to
the Senate since I have been a member of it. The Union is in danger;
the fate of the country is at stake; and whatever the Senate or the
House of Representatives or Congress combined can do, ought to be
done to save the country. I have very little faith or hope, and I would
express the reason why. But as little as there is, I will cling to the
last remaining straw, and sink with it grasped fast in my hands, if I
have no other resource. This country is of too much importance to
me, to my family, to my friends, to my State, to my associates every
where, to give up without a struggle. That struggle may prove to be
fruitless; it may prove to be unavailing. The taunts and jeers thrown
out are calculated to stir up ire and ill-feeling; I shall pass them by
with disregard. I choose to sacrifice my feelings, and to make myself
a burnt-offering on the altar, if I can do any thing to save the country.
What, then, shall we do? These propositions, presented by what is
called the Peace Conference, are not to be compared to the propositions
of the Senator from Kentucky; and I will not vote for a single one of
them, while I will vote for his. They amount to a sacrifice of my
honor, and a destruction of the rights of my State. I am permitted to
say that the representatives from my State in the Peace Conference condemned them all, while they are willing to go for the proposition of the
Senator from Kentucky. We cannot stand by this, and we will not.
Let us not deceive each other; let us not undertake to practice a
system of deception which will sound pleasant to the ear, but will be
bitter to the taste. I will not do it. Here is a positive prohibition of
slavery north of 36~ 30', and then a doubtful question whether it is recognized south of 36~ 30'. The Senator from Kentucky thinks it is;
but I will not act upon a doubt. We have had too many doubts heretofore, and out of those doubts have grown many difficulties. I shall
never permit, so far as my action is concerned, another question of
doubt.
Mr. CRITTENDEN:-Will the gentleman allow me to interrupt
him? Did he understand me as admitting that it was a doubtfiul recognition of slavery?
Mr. GREEN:-Not at all.  I said expressly that the Senator from
Kentucky contended that it did amount to a recognition, but others denied it, and that made it a question of doubt. I will not misrepresent
532 
APPENDIX.
anybody if I know it. Now, sir, I will not act upon a question which
admits of doubt. We have passed along in our career for so many years
that we have arrived at a point when we must understand each other
distinctly and unequivocally, and I will not leave a single point open to
equivocation.  It must be expressly settled, and settled not only in express words, not only in unmistakable language; but I go further than
that; it must emanate from the hearts of a people disposed to stand by
it; and if they will not stand by it, I will not associate with them.
I want to preserve this Union; I want to maintain the constitutional
rights of all classes, North and South; but to give me a mere written
guarantee on parchment, and file it in the office of the Secretary of
State, with a predetermination in the hearts and minds of the northern
people inculcated and instructed to violate it, I cannot live with, and I
will not. I would rather go where I naturally belong, with southern
men; but if the true-hearted, the patriotic, and the honorable portion
of the North will reverse this inculcated spirit of hostility to southern
institutions, and bring them up to the mark where they will recognize
constitutional guarantees, then I say, " Hail, thou my brother, we can
go together;" but never till that comes to pass.  We have approached
that period in our country's history when there should be no cheating
or attempt to cheat. We must understand each other, and make a permanent, lasting Union, or a permanent, lasting, peaceful separation.
This proposition presented by the Peace Conference, as it is called,
I think the merest twaddle-and I use the term with entire respect to
the members-the merest twaddle that ever was presented to a thinking
people. The proposition of the Senator from Kentucky has some sense
in it. If he chooses to desert his own, I shall not complain of him;
for I know that warm, patriotic impulses move him in all his action;
but I cannot accept the other, and I shall vote against every one of its
provisions. When it is said to me that the territory south of 36~ 30'
has adopted slavery-that New Mexico has-I must reply to Senators
that they misunderstand the law. New Mexico has never adopted
slavery. New Mexico has done this: she has provided remedies for
redress of wrongs, including wrongs affecting slave property; but she
has never established slavery; nor has Utah. Utah has never even
recognized it by implication. Utah passed a law of this character: apprentices bound to service for a period of years may be held there; but
when their servitude has expired, according to their articles of apprenticeship, they are free; so that the law of Utah absolutely, if it has any
effect, prohibits slavery.
Senators overlook these facts. I take the broad and the bold and
533 
APPENDIX.
the unmistakable ground, not that the Constitution establishes slavery
anywhere, but that the Constitution, extending over a Territory, win
protect me in all my rights not prohibited by a local competent authority; that my rights are to take any property which I own in any part
of the Union, Yankee clocks from the North, polar bears from the
Rocky Mountains, mules from the Middle States, and slaves from the
South; and that, unless there is a competent local authority to prohibit
my rights in these respective classes of property, I am to be protected.
The second step is that there can be no local authority as long as the
territorial condition remains, competent to prohibit slavery in any Territory.
These are my positions; and hence, so far from this extraordinary
position that slavery is local being true, the reverse is true. It may be
local in the United States, but so far from its being local to the Territory in the United States, the reverse is true. Talk about freedom
being national, and slavery local! I have a right to pass through
Pennsylvania, and my right of transit is as perfect this day as it was
when Pennsylvania was a slave State.
I have been anxious from the beginning of this session to stave off
public action, to hold the public pulse still, and give an opportunity for
reaction of northern sentiment. I want no reaction south. It has
been my only hope, and my last hope, and that hope has failed.
These resolutions are intended to lull old Virginia, Maryland, Missouri, and Kentucky, until we are hand-cuffed and tied fast, and then
action is to commence. They are all designed simply to lull us into a
fancied security; but if we are wise betimes, and look forward to
coming events, we will at once strike the blow, and separate from a
Confederation which denies us peace, denies us protection, denies us
our constitutional rights, and seek them in some other association of
States.
Now, 3Ir. President, I want all these propositions voted down, and
I hope my friend from Kentucky will revive his propositions and bring
them up again. There is some vitality in them; there is some point
in them; but as for these wishy-washy resolutions, that amount to
nothing, it is impossible that any Senator here will, for a moment, entertain thie idea of supporting them. The Peace Conference! And
the smallest peace that ever I have heard of. Let the Senator adhere
to his original propositions; let the Senator bring them up and press
534: 
APPENDIX.
them upon the attention of the Senate.  That is as far backing down
as I will go. It is a Iittle more than I want; but still, as a last effort
to save the Union, I would go that far. Talk about these measures!
These measures that have no vitality-these measures that amount to
a total surrender of every principle-I never will vote for; and let the
consequences of the future be what they may, I stake my faith and
reputation upon the vote I intend to cast.
Mr. WADE:-I move that the Senate adjourn.
Mr. LANE:-I hope the Senator will give me the floor before he
makes that motion.
Mr. TRUMBULL:-I ask the Senator from Oregon to yield to me
a moment.
Mr. LANE:-For a motion to adjourn, I will.
3Ir. TRU-IBULL:-Yes, sir; I desire the floor with a view to
make that motion. It is apparent that no good is to come out of the
discussion of the proceedings of this Peace Conference. It is a proposition got up for the purpose of satisfying the Border States; and the
Border States, Missouri and Virginia, say they will have none of it.
The first section is a proposition establishing slavery   Mir. MASON -I rise to a question of order.
The PRESIDING OFFICER:-The Senator from Illinois will
pause. The Senator from Virginia rises to a question of order, which
he will state.
Mr. MASON:-I understand the motion to adjourn has been made.
Mr. TRUMBULL -I have not made the motion yet.  I stated
that I would make that motion, and I was merely going to give the
reason. The Senator from Oregon will have the floor to-morrow. I
was stating the reason why I should make the motion to adjourn, which
I intend to make in the course of a minute, and I merely made that
statement to show that there was no object in sitting here and punishing
ourselves in regard to resolutions which manifestly cannot command
the assent of this body. I now move that the Senate adjourn.
Mr. DOUGLAS:-I call for the yeas and nays on that motion.
The yeas and nays were ordered.
And the Senate refused to adjourn, and, for special business, the
peace propositions were set aside. The same day they were introduced, as follows:
Mr. LANE:-IMr. President, my object in getting the floor, was to
give the reason why I cannot vote for the resolution now before the
Senate. You are aware, sir, that I did vote for the propositions of the
Senator from Kentucky to amend the Constitution, with the hope, if
,535 
APPENDIX.
they could be adopted, that peace, perhaps, might be restored to the
country; but those propositions have been superseded, and the Senator
from Kentucky himself says that he is willing to sacrifice, on the altar
of his country, as he terms it, his own propositions, and take the
amendments which are proposed to the Constitution presented by the
Peace Congress to the Senate. The resolutions proposed by the distinguished Senator from Kentucky were as low down as I could go.
They did not secure to every State that right they have under the Constitution, as I understand it; but the resolution now before the Senate,
to speak modestly, as I look at it, with all due respect to the great men
who met here to consider this matter, who deliberated for many days,
and presented this as the result of their deliberations, is a cheat, a deception, a humbug-nothing that any State can take as a final settlement of the questions that are now giving trouble to this country,
nothing that can settle permanently those difficulties. We must have
something more definite, something more certain, or there can be no
Union even of the States that now remain in the Union, as I believe.
Mr. GREEN:-MIr. President   The PRESIDING OFFICER:-Does the Senator from Oregon
give way?
Mr. LANE:-Only for an adjournment.
Mr. GREEN:-I rise to make that motion, that the Senate do now
adjourn.
So the motion was agreed to; and the Senate by a vote-23 to 22
-adjourned.
March 2d.-Senator LANE having secured the floor, made the following speech on the report of the Peace Conference:
Mlr. LANE:-Mr. President, I hope I shall be permitted to proceed without interruption, and I trust not to consume inuch time.
While I had the floor yesterday, I stated some of my objections to the
proposed amendments to the Constitution which are now before us.
They are: that they do not do justice to the whole country-that they
do not do justice to all the States. I have always held that the territory is common property; that it belongs to all the States; that every
citizen of every State has an equal right to emigrate to, and settle in,
the common Territories; and that any species of property, recognized
as such in any State of the Confederacy, should have a like recognition
in the Territories, and be guaranteed, protected, and secured in its full
integrity, to the owner thereof. That this should be sO, was the intent
of the revolutionary fathers who shaped and framed the Constitution;
and it was this principle, more, perhaps, than any other, which called
536 
APPENDIX.
into being that noble compact, which has so long been a bond of Union
and goodness between all the States.   It is the very life-blood and
vitality of the Constitution. It is the ligament that has held us together
heretofore, and which, if cut now, will result only in hopeless and immutable disruption. I have never deviated a single iota from this
correct doctrine.   Had we  lived up to this equitable  principle-the
foundation upon which the Constitution rests, upon which only this
Union can be maintained-we should have had no trouble in this country
to-day.  It is not my fault that trouble and dissatisfaction prevail; it
is not my fault that secession has taken place, and that further secession
will take place, unless Congress shall recognize this great principle of
justice, of right, and of equality. That is the doctrine upon which
this Union rests; and it must be maintained, or the connection will be
severed.
While upon this question, Air. President, I may be permitted to
allude to my course in the Senate last session, and I shall do so very
briefly, upon a series of resolutions introduced by the Senator from
Mississippi [Alr. DAVIS]-a series of resolutions that were considered
in this body, after having been previously maturely and deliberately
adopted by a caucus composed of the Democratic Senators, and agreed
upon by them, as sting forth the principles necessary to be maintained
in order to secure the existence and perpetuity of this Confederacy. It
has been charged upon this floor that, on the 25th day of May last, I
voted against the right of protection to slave property in the Territories.
In order that the Senate may know how I voted, and that I may show
you and every other man that I stood then as I stand to-day, and as I
have always stood upon this question, I will read some short extracts
from the discussion upon this series of resolutions. The fourth resolution was in these words:
" Resolved, That neither Congress nor a Territorial Legislature, whether
by direct legislation or legislation of an indirect and unfriendly nature, possesses the power to annul or impair the constitutional right of any citizen of
the United States to take his slave property into the common Territories,
but it is the duty of the Federal Government there to afford for that, as for
other species of property, the needful protection; and if experience should
at any time prove that the judiciary does not possess power to insure
adequate protection, it will then become the duty of Congress to supply such
deficiency."
Now mark! this resolution states that all the property of all the
people of any State, whether slave or otherwise, has an equal right to
protection; and if experience should at any time prove that the courts
537 
APPENDIX.
had not the power to afford that protection, then it was the duty of
Congress to enact such laws as were necessary to protect every man in
his legal and rightful property, no matter of what description or
characteristic. Sir, not long since, upon this floor, a Senator was hardy
enough to say that I voted against protecting property in Territories;
and he desired to know what had happened that States should be concerned; what had occurred to alarm the States that were seceding from
the Union? I will show you, sir, very briefly, what I said upon that
question then; and I will repeat it now, for I have never changed my
sentiments on this subject. No living man can assert, and in so doing
tell the truth, that I ever uttered a word against the equality of the
States, and their equal right in the common territory of our common
country; and any charge that I voted then to refuse protection to
property in the territory is false. I have always held that the territory
belonged to all; that it was acquired, as I knew, at the expense of the
Southern States as well as of the Northern; and upon the battle-fields
where I had witnessed the good conduct of Northern and Southern
troops, I found the soldier from the Southern States pouring out his
blood as freely, and certainly in very much larger quantity-for there
were very many more from the Southern States who participated in
the battles of our country in the war which resulted in the acquisition
of territory, than there were from the Northern States. Then, so far
as the acquisition is concerned, it is joint, and it was for the joint
benefit of all portions of thie country. Consequently, I have held, and
I hold now, that the Territories should be so appropriated. And when
those resolutions were up last winter, I said what I will now read:
"I only desire to say, in relation to the series of resolutions, a portion
of which I have already voted in favor of, that I shall vote in favor of the
rest; for the whole of them together meet with my hearty approbation.
They assert the truth; they assert the great principle that the constitutional
rights of the States are equal; that the States have equal rights in this
country under the Constitution; and, as I understand it, they must be maintained in that equality. These resolutions only assert that principle; and I
say that it is a misfortune to the country, in my opinion, that the principles
laid down in these resolutions had not been asserted sooner. They ought to
have been asserted by the Democratic party in plain English ten years ago.
If they had been, you would have had no trouble in this country to-day; the
Democratic party would have been united and strong, and the equality and
constitutional rights of the States would have been maintained in the territory, and in all other things; squatter-sovereignty would not have been heard
of, and to-day we should be united. It is the fault of the Democratic party
in dodging truth, in dodging principle, in dodging the Constitution itself,
538 
APPENDIX.
that has brought the trouble upon the country and the party that is experienced to-day."
I believe, if we had asserted and maintained these great truths ten
years ago, and placed ourselves upon them boldly, as it was our duty
to have done, we would have no trouble in this country to-day; but
instead of declaring the great truths enunciated in these resolutions,
we went off upon issues unbecoming the Democratic party. A portion
of our leaders wandered and went astray, and asserted that the people
of a Territory had the right to prohibit slavery whenever, in their
judgnent, it ought to be prohibited; a power which Congress even
does not possess, and consequently cannot confer upon a Territorial
Legislature, unless the creature becomes greater than the creator. It
was this kind of trouble, and this sort of heresy introduced into the
Democratic party, that has broken it up, and brought the disasters
upon our country which we experience to-day. I say, then, let the
blame fall upon the guilty; I am innocent of it; for I have held but
one doctrine upon this question from the beginning to the present hour,
and I shall hold that doctrine to the end. In the speech from which I
have already read, I also used the following language:
" Sir, it appears to me to be very singular indeed, that any man can hold
that the territory of this country belongs to a portion of the people, and
that the people of one portion of the Union can go there and enjoy their
property, when the people of another portion cannot enjoy the right of
property in that territory-territory common to the whole country; territory
that was earned or acquired by the common blood and common treasure of
all; territory that is sustained by the common treasure of all; and to say
that all shall not have an equal right there, is to deny a fact so plain, a
principle so just, a right so manifest, that I can hardly see how any man
who professes to be a Democrat can deny it, or how he can attempt to embarrass the adoption of the correct principles announced in these resolutions.
I shall therefore vote against all the amendments, and every thing that is
offered to obstruct their passage, upon the ground that they assert justice,
that they assert truth, that they assert the equality and constitutional rights
of all the States, which principle must be maintained, or this Union cannot
be preserved."
That was my doctrine then, it is the doctrine which 1 have held and
advocated for twenty years. It is the doctrine I hold now; and I so
notified the Senator from Tennessee, who arraigned me here as voting
against protecting property, and who did me willful and gross injustice
in it-for I voted for it and he voted against it. That is to say, I voted
against the resolution introduced by Mr. CLINGMAN, declaring " that
slave property did not need protection in the Territories," while the
539 
APPENDIX.
Senator from Tennessee voted for it; and when the motion was made
to reconsider the vote adopting it in lieu of the fourth resolution of the
DAVIS series, I voted to reconsider, and the Senator from Tennessee
voted against it, showing clearly that he was against affording that
protection to slave property which the fourth resolution provided for.
Did I not maintain the truth? Was I not prophetic in the announcement that I made in this Senate Chamber then? I said, that unless
this great principle of justice, of equality, of the right of every man to
the common territory should be maintained, this Union would be broken
up. This great principle has not been maintained, but the Union has
been destroyed.
But, sir, to go to the votes. It will be borne in mind, and every
Senator on this floor will bear me out in my statement, that while the
DAVIS resolutions-the series of which I speak-were  up, various
propositions were made to amend them, and I voted against all amendments. There are Senators here at this moment who will sustain me
when I say that, when in caucus and we had under consideration this
series of resolutions, I said, and said it boldly and in plain terms, that
if every man from every Southern State of this Union would come here
and say, for the sake of peace, if you please, or any other reason, he
was willing to abandon his equality, his right in the common territory,
then, if alone, I would stand and protest against it; protest that he had
no right to surrender a constitutional right; that none but a coward
would do it; that every man had a right in the common territory; that
it was his privilege, and he should never surrender it with my permission.
On the other hand, I said that if every Northern man in the Senate
Chamber-nay, but even every Northern citizen-expressed a desire
to surrender his right, his equality, his privilege, to go to the common
Territories with his property, I should enter my solemn protest against
it, and insist that he had a constitutional right to go there, which he
should never surrender with my consent, Then, how any man could
assert that I ever entertained the opinion that slavery did not need
protection from aggression, is to me the strangest, falsest thing in
nature. I said, as I have shown you, that I had voted against all
amendments, and would continue to vote against all amendments, or
any attempt whatsoever calculated to obstruct the passage of the resolutions; for they asserted the right of the people to go to the Territories, asserted the power of the court to protect them in the possession
of their property, and that if the court failed to protect them, Congress
should afford the necessary authority to do so.
But, sir, allow me to observe, there was a resolution that I never
540 
APPENDIX.
voted for, and that no man can charge me with ever having voted for.
Senators will recollect-and whoever has read the proceedings of the
Senate will recollect-that an amendment was offered as a substitute
to the fourth resolution, in these words:
"That the existing condition of the Territories does not require the intervention of Congress for the protection of property in slaves."
I did not vote for that resolution; but the Senator from Tennessee
did. That amendment was adopted in lieu of the fourth resolution of
the series that I have read, which insured protection to slave property
in the Territories. It was adopted not entirely by Democratic votes;
and that there may be no mistake, I will read what the Senator from
Massachusetts said when he moved a reconsideration:
"I wish simply to say that I voted for that resolution because I believed
the condition of the Territories requires no such law now or ever, and I do
not believe in the enactment of any such law; but my friends on this side of
the Chamber have put that resolution in the series; and for myself, I do not
wish to be responsible for any portion of these resolutions, and I therefore
wish the vote to be reconsidered."
This was the language of the Senator from Massachusetts, when he
found that the Republicans, united with some Democrats, had stricken
out the fourth resolution of the series, and inserted this as a substitute.
I said to Mr. WILSON on that occasion:
"I desire merely to tender my thanks to the honorable Senator from
Massachusetts. The series of resolutions, as introduced by the honorable
Senator from Mississippi, are germane one to the other. They are a declaration of principles by the Democratic party. This amendment, as the Senator has said correctly, has been fastened on the Democratic resolutions by
the votes of the Republican Senators. I feel grateful, indeed, to the Senator
for making the motion to reconsider. I hope the vote will be reconsidered,
and the resolution voted down."
The motion was put, and on the yeas and nays the vote was reconsidered. I voted for the reconsideration, and I voted against the
amendment when it was adopted as a substitute for the fourth resolution. Among those who voted in the affrmative for reconsideration
were Messrs. BENJAMIN, BROWN, CHESNUT, CLAY, DAVIS, FITZPATRICK,
GREEN, GWIN, HAMIMOND, HARLAN, HUNTER, IVERSON, JOHNSON of
Arkansas, and LANE.   Among those who voted against it, I find JOHNSON of Tennessee. I did not vote to continue in the series a resolution
that refused protection to all the people in the common Territories.
Portions of the Journal have been paraded to show the vote on Mr.
BROWN'S amendment to Mr. CLINGMAN'S amendment. I said, in
several speeches, that I should vote against all amendments, because
541 
APPENDIX.
the series had been considered not only here, but in a caucus composed
of the Democratic Senators of this body, and we had agreed to take
them as a whole, and to vote them through altogether if we had the
strength to do so.   I voted against every proposition to amend.   I
voted against Mr. BROWN'S, and I voted against Mr. CLINGMAN'S, and
I voted against every other amendment that was calculated to weaken
or embarrass the passage of the resolutions. Yet I am represented
here as having voted against affording pr6tection to slave property in
the Territories! I ask again, if any Senator, if any man who can
read, can say that the fourth resolution, for which I did vote and for
which I struggled and contended, does not declare that slave property
shall be protected in the common Territories of our country.
Could any thing be stronger than the fourth resolution? Could any
man desire a more direct declaration of principles than that? Upon
the yeas and nays I voted for it. I voted against the amendment that
was adopted, and afterwards reconsidered. How, then, can a man
arraign me before the country as having said upon oath, on the 25th
of MIay last, that slave property should not be protected in the conmmon
Territories with other property? I have always held that all property
should be protected, slave as well as other property; that it should
have the same protection as, and no more protection than any other
property. That they do not secure all this, is the objection I have to
the amendments to the Constitution proposed by the Peace Conference.
They are ambiguous, loose, and deceptive. I do not know that the
people can comprehend them. There will be no certainty under them;
and they would, if adopted, result in endless trouble and litigation.
I trust no amendments will ever be made to the Constitution, unless
they are made upon principles of right, justice, and equality, so that
there can be no mistake in construing them hereafter. If we amend
the Constitution, let us do it with a view to the peace of the country,
with a view to the harmony of the country, with a view to the security
of every interest, and of every State in the Union. If we could do
that, and this day amend the Constitution so as to provide expressly
that every State should have equal rights in the Territories and elsewhere within the Union, this Confederacy could last forever, the States
that have left us would come back, and we should have then a great
and a lasting Union indeed.  Without it, we never can have a permanent Union. We must do something that is clearly right, or the States
that have left us will never return. They never ought to return, unless
they can have the right of equality secured to them by the Constitution.
I claim for my State just that which she is entitled to, and not a parti
542
1  1.  i     l, 
APPENDIX.
cle more. I would concede to the Southern States, that to which they
are entitled, and not a particle more. That, they must have, or there
can be no peace, no union, no harmony, no security, and no perpetuity
of this Confederacy. Such amendments to the Constitution, securing
these objects and principles, are indispensable to the maintenance of the
Government as it was formed.
Then why not do right? Why not every southern man ask just
that which he is entitled to, and no more?  He ought to be content
with nothing short of what he is entitled to; and if he be, he is untrue
to his section and his constituents; untrue to the people whose servant
he is; and untrue to the institutions of the country; for the country
can exist only upon the triumph of such principles. He who is unwilling to deal fairly by the North and the South, is a man who is guilty
of shattering and ruining the Confederacy; destroying the peace and
harmony and success of this great experiment of ours.
Mr. President, in the State of Connecticut the Democracy assert
the correct principle, and they charge the trouble in the country to the
right quarter. I stated, on a former occasion, that the Democracy of
old Connecticut would never join the Republican party in any attempt
to coerce the Southern States; and I am now authorized by their own
declaration to say again, what I said before, that they, like the Democracy of Oregon and of every other Northern State, will never join a
party that has refused justice; that has refused equality and right;
that has refused to protect property in the Territories, or wherever the
jurisdiction of the United States extends, in putting down those who
contended for their rights and for the equality to which they were
entitled. Sir, the loyal Democracy of this country fully understand the
question, and they assert the right.
Now, sir, these great principles were not carried out. The platform
on which the Democracy presented their candidates for' President and
Vice-President was not heeded, though based upon the Constitution. I
will say to the Senator who has boasted of his efforts in Tennessee in
behalf of the BRECKINRIDGE ticket, that I shall notice that hereafter;
but I have only to say now, that, for the sake of the country, I would
to God the ticket had succeeded. We should then have had those principles endorsed upon which the Government is established, and the
country would have been at peace. For that alone I wished it to
succeed.
I will say only a word, now, as to the amendments proposed to the
Constitution. I had the pleasure of listening, yesterday, to the distinguished Senator from Kentucky. I know his patriotism and his 
APIPENDIX.
devotion to the Union. I know his willingness to take any thing, however small, however trifling, however little it might be, that would, in
his opinion, give peace to the country. Sir, I am actuated by no such
feeling. We should never compromise principle nor sacrifice the eternal foundations of justice. Whenever the Democratic party compromised principle it laid the foundation of future troubles for itself and for
the country. When we do, then, amend the Constitution, it ought to be
in the spirit of right and justice to all men and to all sections. I voted
for the Senator's propositions, and I will do so again, if we can get a
vote, because there is something in them; something that I could
stand by; but there is nothing in the amendments proposed by the
Peace Conference.  H]e proposed to establish the line of 36~ 30', and
to prohibit slavery north of it and protect it south of it, in all the present territory, or of the territory to be hereafter acquired.   In that
proposition there was something like justice and right; but there is
nothing in the amendments proposed by the Peace Conference that any
man, North or South, ought to take. They are a cheat; they are a
deception; they are a fraud; they hold out a false idea; and I think,
wfth all due respect to the Senator-for I have the highest regard for
him personally-that he is too anxious to heal the trouble that exists
in the country.  He had better place himself upon the right and stand
by it. Let him contend, with me, for the inalienable and constitutional
rights of every American citizen. Let him beware of " compromising"
away the vital rights, privileges, and immunities of one portion of the
country to appease the graceless, unrelenting, and hostile fanaticism of
another portion.  Let him labor with me, to influence every State to
mind its own affairs, and to keep the Territories entirelyfree to the
enterprise of all, with equal security and protection-without invidious
distinctions-to the property of every citizen. Thus, and only thus, can
we have peace, happiness, and eternal Union.
I could not avoid noticing the anxiety of the Senator from Kentucky
to accept any thing, and the readiness of the Senator from Oregon to
pledge his people-'" my people "-to any thing that he chooses.  Now,
I know there are many free people in the State of Oregon. They
generally do as they please. They have no master. No man owns
them; and no man can claim to control them. But this I am warranted in asserting-for I know long, well, and intimately, the gallant men
of Oregon-that they will not be found ready or inclined, at the Senator's and his mastei's beck, to imbrue their hands, in a godless cause,
in fraternal gore.
Mr. President, the principles asserted in the resolutions adopted
644 
APPENDIX.
by the Senate, last winter, have not been carried out. We see the
consequences. We see a dissevered country and a divided Union; A
number of the States have gone of, have formed an independent Gov ernment; it is in existence, and the States composing it will never
come back to you, unless you say in plain English, in your amendments
to the Constitution, that every State in the future Union has an equal
right to the Territories and all the protection and blessings of this
Government-never! I tell you, sir, although some foolish men and
some wicked ones may say I am a disunionist, I am for the Union upon
the principles of the Constitution, and not a traitor. None but a coward
will even think me a traitor; and if anybody thinks I am, let him test
me. This Union could exist upon the principles that I have held and
that are set forth in the DAvis resolutions; but upon no other condition
can it exist. Then, sir, disunion is inevitable. It is not going to stop
with the seven States that are out.  No, sir; my word for it, unless
you do something more than is proposed in this proposition, old Virginia will go out too- slothful as she has been, and tardy as she seems
in appreciating her own interests and her rights, and kind and generous
as she has been in inviting a Peace Congress to agree upon measures
of safety for the Union. The time will come, however, when old Virginia will stand trifling and chicanery no longer. Neither will North
Carolina suffer it. None of the slave States will endure it; for they
cannot separate one from the other, and they will not. They will go
out of this Union and into one of their own; forming a great, homogeneous, and glorious Southern Confederacy. It is and it has been,
Senators, in your power to prevent this; it is and it has been for you
to say (you might to-day, as it is the last day, say so), whether the
Union shall be saved or not.  I know, that gallant Old Dominion will
never put up with less than her rights; and if she would, I should
entertain for her contempt. I should feel contempt for her if she were
to ask for any thing more than her rights; and so I would if she were
to put up with any thing less than her constitutional rights. Then, sir,
secession has taken place, and it will go on unless we do right.
Mr. President, in the remarks which I made on the 19th of December last, in reply to the Senator from Tennessee, I took the ground
that a State might rightfully secede from the Union when she could no
longer remain in it on an equal footing with the other States; in other
words, when her continuance as a member of the Confederacy involved
the sacrifice of her constitutional rights, safety, and honor. This right
I deduced from the theory of equality of the States, upon which rests
the whole fabric of our unrivalled system of government-unrivalled, as
35
545 
APPENDIX.
it came from the hands of its illustrious framers-a model as perfect,
perhaps, as human wisdom could devise, securing to all the blessings
of civil and religious liberty, when rightly understood and properly administered; but like all other Governments, and even Christianity itself,
a most dangerous engine of oppression when, having fallen into the
hands of persons strangers to its spirit, and unmindful of the beneficent
objects for which it was framed, it is perverted from its high and noble
mission to the base uses of a selfish or sectional ambition, or a blind
and bigoted fanaticism.  I said, on that occasion-referring to this
fundamental principle of our Government, the equality of the Statesthat " as long as this equality be maintained the Union will endure,
and no longer." I might here undertake to enforce, by argument and
the authority of writers on the nature and purposes of our Government,
this, to me, self-evident proposition.  But I deem it unnecessary to consume the time of the Senate in discussing that branch of the subject.
I propose, Mr. President, to confine what I have to say in regard
to the right of secession to the question, Who must judge whether such
right exists, and when it should be exercised? According to the theory
of every despotic Government, of ancient or modern times, there is no
such right. A province of an empire, how much soever oppressed, is
held by the oppressor as an integral part of his dominions. The yoke,
once fastened on the neck of the subject, is expected, however galling,
t6 be worn with patience and entire submission to the tyrant's will.
This is the theory of despotism. What are its fruits? We have seen,
in modern times, some of the bloodiest struggles recorded in history
growing out of the assertion by one party, and the denial by the other,
of this very right. Hungary undertook to " secede" from the Austrian
empire. Her right to do so was denied. She constituted an integral
part of the empire-a great " consolidated" nation, as some consider
the United States to be. Being an integral part of the empire, according to the theory of the Austrian Government, she must so remain
forever. Austria not having the power to enforce an acquiescence in
this doctrine, Russian legions were called to her aid; and Hungary, on
whose gallant struggle for independence the liberty-loving people of this
country looked with so much admiration and sympathy, soon lay prostrate and bleeding at the tyrant's feet. You may call this attempt of
Hungary to regain her independence revolution.  That is precisely what
Austria called it. I call it an effort on her part to peaceably secede-to
peaceably dissolve her connection with a Government which, in her
judgment, had become intolerably unjust and oppressive. Her oppressors told her it was not her province but theirs, to judge of her alleged
646 
APPENiDIX.
grievances; that to acknowledge the right of secession would strike a
fatal blow at the integrity of the empire, which could be maintained
only by enforcing the perfect obedience of each and every part.
We have, in the recent struggle of the Italian States, an instructive
commentary on the now mooted questions of secession and coercion.
Indeed, history, through all past ages, is but a record of the efforts of
tyrants to prevent the recognition of the doctrine, that a people deeming
themselves oppressed might peaceably absolve themselves from allegiance to their oppressors. When our Government was formed, our
fathers fondly thought that they had made a great improvement on the
despotic systems of modern Europe. They saw the infinite evil resulting from coercing the unwilling obedience of a subject to a Government
which he abhorred and detested. They accordingly declared the great
truth, never enunciated until then, that "Governments derive all their
just power from the consent of the governed." A Government without
such consent they held to be a tyranny.
Now, Mr. President, this brings us to the very point in issue.
Who is to determine whether this consent is given or withheld? Must
it be determined by the ruler? If so, the proposition just stated is an
absurdity. Clearly it was the meaning of those who enunciated this
great truth, that the subjects of a Government have the right to declare
or withhold their consent; otherwise no such right exists. They, and
they only, must judge whether their rights are protected or violated.
If protected, every consideration of interest and safety impels them to
consent to live under a Government which secures the blessings they
desire. If, on the other hand, in their judgment, their most sacred
rights are violated, interest and honor, and the instinct of self-preservation, all conspire to impel them to withhold their consent; which
being  withheld, the  Government,  as far as they are concerned,
ceases.
Here I would call the attention of the Senate to the first of the
Kentucky resolutions of 1798-'99, written by Mr. JEFFERSON, in which
he says distinctly, that the parties to a political compact must judge for
themselves of the mode and measure of redress, when they consider
the compact violated and their rights invaded:
" Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General
Government; but that by compact, under the style and title of a Constitution
for the United States, and of amendments thereto, they constituted a General Government for special purposes, delegated to that Government certain
definite powers, reserving, each State to itself, the residuary mass of right
to their own self-government; and that whensoever the General Government
54T
Be   I   I,, Ik T~.,,Il'+S' 
APPEDIX.
assumes undelegated powers, its acts are unauthoritative, void, and of no
force; that to this compact each State acceded as a State, and is an integra]
party; that this Government, created by this compact, was not made the
exclusive or final judge of the extent of the powers delegated to itself, since
that would have made its discretion, and not the Constitution, the measure
of its power; but that, as in all other cases of compact among parties having
no common judge, each party has an equal right to judge for itself, as well
of infractions as of the mode and measure of redress."
Here Mr. JEFFERSON asserts that a State aggrieved shall judge not
only of the mode, but the measure of redress. Is this treason? If
the measure of redress extends to secession, how can the Senator from
Tennessee [Mr. JOHNSON] do less than denounce the great apostle of
liberty-as Mr. JEFFERSON has been called-a traitor?
No less clear and explicit on this point, is the language of Mr.
MADISON.  Being chairman of a committee to whom the subject was
referred-the resolutions having been returned by several of the States
he says in his report:
" It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of
compacts, that where resort can be had to no tribunal superior to the authority
of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made has been pursued or violated. The Constitution
of the United States was formed by the sanction of the States, given by each
in its sovereign capacity. It adds to the stability and dignity, as well as to
the authority of the Constitution, that it rests on this legitimate and solid
foundation.  The States, then, being the parties to the Constitutional compact, and in their sovereign capacity, it follows of necessity, that there can
be no tribunal above their authority, to decide, in the last resort, whether
the compact made by them be violated, and consequently that, as the parties
to it, they'must themselves decide, in the last resort, such questions as may
be of sufficient magnitude to require their interposition."
In the remarks which I made on the 19th of December last, I
referred to the fact that Virginia, in accepting the Constitution, declared
that the powers granted under that instrument "being derived from the
people of the United States, may be resumed by them whenever the
same shall be perverted to their injury or oppression." I referred,
also, to the fact that New York had adopted the Constitution upon the
same condition and with the same reservation. I may here quote the
language of Mr. WEBSTER, distinctly recognizing the right of the people
to change their Government whenever their interest or safety require
it. He says:
"We see, therefore, from the commencement of the Government under
which we live, down to this late act of the State of New York " —
548 
APPENDIX.
To which he had just referred
"one uniform current of law, of precedent, and of practice, all going to
establish the point that changes in Government are to be brought about by
the will of the people, assembled under such legislative provisions as may be
necessary to ascertain that will truly and authentically."
If the people of a State, believing themselves oppressed, undertake
to establish a Government, independent of that to which they formerly
owed allegiance, and the latter interferes with the movement, and employs force to prevent such a consummation, no one who acknowledges
the great truth that the basis of all free government is the " consent
of the governed," will deny that such interference is an act of usurpation and tyranny.   Those only who borrow their ideas of political
justice from the despotic codes of Europe, and are more imbued with
the spirit of METTERNICH and BOM1BA than of JEFFERSON and MADISON,
will attempt to justify, palliate, or excuse such violation of the sacred
rights of the people. I have observed that often the noisiest champions
of popular rights are the first to trample those rights under foot. The
word " freedom" is continually on the tongues of gentlemen on the
other side of the Chamber; and I believe the Senator from Tennessee
has been suspected of a decided leaning to agrarianism, so zealous has
he been in advocating the rights, so entirely devoted is he to the
interests of the " dear people."   But now, when the people of the
seceding States have pronounced, in tones of thunder, the flat which
absolves them from allegiance to a Government which they no longer
respect or love, these same gentlemen all lift their hands in horror, roll
up the whites of their eyes, as did old Lord NORTH many years ago, and
exclaim "Treason!" "Treason!"  Then, boiling with patriotic rage,
they rise up and declare that " this treason must be punished; the laws
must be enforced."   History tells us that this was the language of
King GEORGE  and Lord FORTH when the colonies renounced their
allegiance to the mother country. The former of these worthies, we
are told, spent much of his life in a state of mental darkness-in other
words, he was a lunatic. The other received from nature a narrow
intellect, and inherited prejudices common to the aristocracy of that
period and of all other periods of the world's history. Their errors
were the natural offspring of incapacity and the false teaching received
in their youth. While, therefore, we cannot admire or approve their
conduct, these circumstances incline us more to sorrow than to anger,
disarm our resentment, and dispose us to forgive what, under other
circumstances, would deserve the severest censure.
But what excuse can we find for the peculiar champions of popular
649 
APPENDIX.
rights in this Chamber; these zealous servants of the people, forever
ringing in our ears, "Let the voice of the people be heard; respect
the will of the people; vox populi vox De I "   Sir, I say too, let the
voice of the people be heard and respected. And I think, for the sake
of consistency with all my past professions as a Democrat, I am bound
to respect the declared will of the sovereign States which, for reasons
satisfactory to themselves, have seceded from the Union and established
a separate and independent Government. Whatever the causes may
have been which impelled them to a separation from the other States,
I am bound to respect the expression of their sovereign will; and I
heartily reprobate the policy of attempting to thwart that will under the
pretence of " punishing treason" and " enforcing the laws."  We are
told that the design is to attempt nothing more than to collect the revenue in the ports of the seceded States. To say nothing of the justice
or injustice of the attempt so to do, I ask Senators from the North, and
the Senator from Tennessee, will it pay? Will it not be a declaration
of war against the seceding States, involving the people of all the
States in a long and bloody conflict, ruinous to both sections? Are
their ethics not the ethics of the school-boy pugilist, " Knock the chip
off my shoulder "?
One  of the framers of the Constitution [Mr. MADISON], whose
expositions of that instrument all classes, all parties, have heretofore
received, and still receive, or pretend to receive, with profound deference
and respect, has left on record his views of the injustice, impracticability,
and inefficacy of force as a means of coercing States into obedience to
Federal authority.
Among the statesmen of the Revolution-those who participated in
the formation of our Government-here was no one who  had such
exalted notions of the power and dignity of the Federal Government,
as the great HAMILTON. He was a consolidationist. The advocates
of coercion might naturally expect to obtain " aid and comfort" from
the recorded declarations of one of his peculiar political faith. But
an examination of his writings will show, that instead of favoring
coercion, instead of being the advocate of force, he was the advocate of
leniency and conciliation towards refractory States, and deprecated a
resort to force as madness and folly.
If the great names of MADISON and HAMILTON have not sufficient
weight to restrain the madness of those who urge a coercive policy
against the seceding States, then, indeed, I see no escape from that
most dreadful of all calamities which can befall a nation-civil war.
If those in this Chamber who talk so flippantly of war, had seen, as it
550 
APPENDIX.
has been my lot to see, some of its actual horrors, they might, perhaps,
heed the warnings and respect the counsels of the sages and patriots
whose language I have quoted.  They would at least refrain from ungenerous insinuations against the patriotism of those northern Democrats, who, like myself, reprobate the policy of coercion as destructive
of the peace, the prosperity, and happiness of every part of the country,
north as well as south.
But to return to the remarks of the Senator from Tennessee.   In
the pamphlet report of his speech, page 7, JEFFERSON is quoted; but
the concluding part of the quotation is repeated in the Globe report
and not in that of the pamphlet. That part is:
"When two parties make a compact, there results to each a power of
compelling the other to execute it."
JEFFERsoN is here quoted to show that the Confederation has a
power to enforce its articles on delinquent States. But the citation is
unfortunate for the Senator from Tennessee, He had just previously
asserted that Vermont and other States had, by personal liberty bills,
violated the Constitution.   Well; can he tell us how Virginia and
South Carolina could enforce the Constitution on Vermont in that
respect?  It cannot be done.  What follows?  Why, as Mr. WEBSTER
said at Capon Springs, "a compact broken by one party is broken as
to all." Hence, according to the doctrines of JEFFERSON and WEBSTER
as to the actual case which, according to the Senator, has occurred, the
compact having been broken, the Southern States have a right to
retire-are absolved from further obligations under the constitutional
compact.
The Senator complains that I replied at all, as I was a northern
Senator, and a Democrat whom he had supported at the last election
for a high office. Now, I was, as I stated at the time, surprised at the
Senator's speech-because I understood it to be for coercion, as I think
it was by almost everybody else, except, as we are now told, by the
Senator himself; and I still think it amounted to a coercion speech, notwithstanding the soft and plausible phrases by which he describes ita speech for the execution of the laws and the protection of the Federal
property. Sir, if there is, as I contend, the right of secession, then,
whenever a State exercises that right, this Government has no laws in
that State to execute, nor has it any property in any such State that ca
be protected by the power of this Government. In attempting, however, to substitute the smooth phrases of "executing the laws" and
"protecting public property" for coercion, for civil war, we have an
important concession, i. e., that this Government dare not go before the
551 
APPENDIX.
people with a plain avowal of its real purposes, and of their consequences. No, sir; the policy is to inveigle the people of the North
into civil war, by masking the design in smooth and ambiguous
terms.
Now, sir, I want it distinctly understood, as I have already shown,
that during the last session I stood firmly by the DAVIs resolutions. I
voted against every amendment. I voted against an amendment that
he voted for, because I believed it was partial, and did not do justice.
But the Senator from Tennessee proceeded with an air and tone of
great triumph to bring forward my vote on the amendments proposed
to the DAVIS resolutions.  I think I have said all that it is necessary
for me to say upen that subject. I have shown that I have voted for
them under all circumstances, and against every amendment.  Those
resolutions assert the right of property in the Territories, and that when
the courts fail to afford protection, then it is the duty of Congress to
come forward and provide that protection.   I wished to put slave
property upon the same footing as other property. That is where I
then stood, where I now stand, and where I intend to stand. The Senator asks, with a kind of triumphant air, what has happened since that
day? Sir. President, I have said that I have done all in my power, by
standing firm to the resolutions agreed to by the Democratic party, to
afford protection. The Senator misrepresented my vote on those resolutions. I never voted against the DAVIs resolutions, nor did their substitute ever come up as a separate proposition. It was an amendment
to one of that series of resolutions I voted against; and I would vote
against any thing and every thing that would embarrass their passage,
for they contained just what I thought was right.
What has happened since? Why, a thing has happened that never
happened before. The denial of any and all protection to slave property in any and in all the territory; the denial of the right to take slave
property to any of them has been proclaimed and affirmed at the ballotbox by a majority of the States, and a majority of the electoral votes
of this Union. What has happened? Why, the thing has happened
that has been three times before attempted, and three times before
failed; the first attempt having endangered the formation of the Union,
and the second and third its continuance. The first attempt was made
in 1784, to exclude slavery from all the Territories. It was abandoned
in 1787 by excluding it only from the territory northwest of the Ohio,
leaving it to colonize that portion southwest of that river. The same
thing was again attempted in 1820, as to the territory acquired from
Louisiana; and after a terrible agitation, was abandoned by adopting
652 
APPENDIX.
the Missouri line. The third attempt was made in 1850, as to the territory acquired from Mexico; and then also the Union narrowly escaped
destruction; but the compromise measures were adopted.  And now it
comes again, but in a more formidable way than ever.  A President
has been elected on that issue; for the first time the people of the North,
after all previous compromises and warnings, have voted on the question, and every Northern State has pronounced for the spoliation.
Mr. President, perhaps the most signal instance of the evils of compulsory union between dissimilar people, is that of Ireland and England.
The people of Ireland-the home and heritage of my ancestors-have,
as the South has, a representation in the national Legislature; but
being also, as the South is, in a minority in that body, have no power
to protect themselves from the aggressions of England. The consequence is, that they have been excluded from the common benefits of
British legislation, commercially, and even religiously, to say nothing
of their exclusion from official station in the empire. And, accordingly,
Ireland has been impoverished, degraded, and discontented. She has
been trampled upon, outraged, insulted, treated like Cinderella. The
people of this country have always sympathized with the wrongs of
Ireland, and her struggles- for independence. Yet there is now a
greater difference between the people of the South and of the North
than between those of England and Ireland, and greater antagonism of
opinion and feeling. Nevertheless, it is proposed to hold the South in
political subjection to the North, and for that purpose to employ naval
and military force.
Sir, I might mention many other cases: the subjection of Greece to
Turkey; of Poland to Russia; of the Netherlands to Spain; Italy to
Austria. In all these cases we have sympathized with, and, in many
of them aided, the secession from the common government, by contributions and individual service. Yet those Governments were not
founded on consent, and there was no compact conceding the right of
secession.
Sir, in conclusion, whether the course the seceding States have seen
fit to take be right or not, is a question which we must leave to posterity, and the verdict of impartial history. Our time will probably be
more profitably employed in considering how we shall deal with secession than in discussing the causes which have produced it. Secession,
right or wrong, justifiable or unjustifiable, is an accomplished fact; and
it presents to us no less an alternative than that of peace or war. Sir,
I believe that, in the general ruin which would follow coercive measures against the seceding States, all sections, all classes, all the great
553
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interests of the country, without any exception, would be involved.
How much better, Mr. President, that, in so fearful a crisis as the
present, instead of passing "force bills," and preparing for war, instead
of "breathing threatenings and slaughter," and preparing implements
of destruction to be used against our brethren of the South, how much
better, I say, for ourselves, for posterity, for the cause of civil liberty
throughout the world, that our thoughts should be turned on peace?
Peace, not war, has brought our country to the high degree of prosperity it now enjoys. The energies of the people up to this time have
been directed to the development of our boundless resources, to the mechanic arts, to agriculture, mining, trade, and commerce with foreign
nations.  Banish peace, turn these mighty energies of the people to the
prosecution of the dreadful work of mutual destruction, and soon cities
in ruins, fields desolate, the deserted marts of trade, the silent workshops, gaunt famine stalking through the land, the earth cumbered with
the bodies of the dying and the dead, will bear awful testimony to the
madness and wickedness which, from the very summit of prosperity
and happiness, are plunging us headlong into an abyss of woe.
Sir, in God's name, let us have peace! If we cannot have it in the
Union, as it existed prior to November last, let us have it by cultivating
friendly relations with those States which have dissolved their connection with that Union, and established a separate government. Though
we and they may not, and, perhaps, in the nature of things, cannot live
harmoniously under the same Government, it is our interest, no less
than theirs, that we should at once endeavor to establish between our
Government and theirs those amicable relations which should ever exist
between two neighboring Republics. War, with its attendant horrors,
being thus happily averted, the people of each Republic will be left at
liberty to pursue, undisturbed, their several vocations. A mutually advantageous commerce will grow up between the two nations; treaties,
such as regulate our intercourse with the Canadas, will be formed;
confidence in all branches of business will be restored; a new impetus
given to every variety of industry; the march of improvement accelerated, and the cause of humanity, of civilization, and of Christianity,
advanced throughout the world. The people of Europe, accustomed to
refer the settlement of their slightest differences to the bloody arbitrament of the sword, will behold with silent wonder and amazement the
spectacle of a great people unable to agree in reference to one of their
peculiar domestic institutions, peacefully separating, as did the patriarchs
of old; resolving themselves into two distinct political communities, not
hostile, discordant, belligerent; but each, animated with a spirit of gen
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APPENDIX.
erous rivalry toward the other, pursuing a more successful and pros perous career in its own chosen path, than when, united under the same
Federal head, they painfully sought together the same common destiny.
Mr. President, we are living at a day and at a time when a North ern sectional party have obtained possession of the power of this great
Government, who have declared in their platform, in their speeches
everywhere, and in their press, that slavery shall never go into another
foot of territory; that no other slave State shall ever be admitted into
this Union; that slavery shall be put in the course of ultimate extinc tion. We have the announcement of the party that the foot of a slave
shall never press the soil of one of the Territories; that no new slave
State shall be admitted; and, in addition to that, that no slave State
shall go out of the Union. Who ever saw such a party as that? Who
ever knew any thing like it in the world before? They will not let
slavery go into the Territories; they will not let a slave State come in;
and they will not let one go out! They will not let them go out because
they could not carry out their programme of placing slavery in the
course of ultimate extinction. They want to keep the slave States in
for their benefit-to foot the bills, to pay the taxes-that they may
govern them as they see fit, and rule thep against their will. Well,
sir, I wish to say one word to that party, in all kindness; for I shall
not trouble them again on this subject. I shall be a private, independent citizen before long. But I will say to that party, they had better
change their tactics; they had better change front, and do it speedily.
Let them place themselves upon the high ground of right and justice,
and adopt such amendments to the Constitution as will not only hold
old Kentucky, which has produced the greatest " compromiser" of us
all-that good old State where I was raised, and that I am proud ofbut the other Southern States also. I am afraid Republicanism will
not do this. I know those old Kentucky people from terrace to foundation.  They will endure much-very much-peaceably and quietly;
but if they are goaded too far; if, by repeated wrongs, they are compelled to fight, then I would say to their enemy " beware!"   There are
chivalry and patriotism in Kentucky which is neither in the power of
accident nor nature to subdue. You had better not press them too far.
Do not drive them to the goal of last resort. Give them justice while
you have it in your power to do so. Satisfy them that ultimately they
shall have equality in this broken Government, or Union, if you will.
But, sir, I leave the patching up of the Constitution to the distinguished
Senator from Kentucky and other gentlemen, especially my friend from
Pennsylvania [Mr. BIGLER], who has labored harder to patch up the
555 
APPENDIX.
Constitution than any man I ever knew, except my friend from Kentucky, and I wish him God speed in the work. Let it be upon just
principles; let it be right; let us have justice;  and I shall be
content.
Now, Mr. President, I have paid all the attention to the attempt
that was made to place me in the wrong that I deem necessary. I can
only now repeat, in the conclusion of my speech, that neither the Senator from Tennessee, nor any other Senator, nor can any man, tell the
truth and say that I have, by any vote, word, or act of mine, at any
time or on any occasion, refused protection to all property alike in the
Territories. I have made it a point always. Indeed, the doctrine of
the equal right of property, whether slave or any other, in the Territories, and its equal right to protection, is as strong in me as life itself.
I have never uttered a word against that principle; but I have said,
upon all occasions, that that doctrine must be maintained, or this Union
could not stand.  I have fought for it; but as I said in the outset, while
I deeply deplore the condition of the country, it has been caused by no
act of mine. And with this remark, I part with him, who, in imitation
of Esau, seeks to sell his birthright. I would, if there was time, give
a little advice to all sides, to every Senator on this floor.  I would say:
Senators come up to the great importance of this question; meet it;
adopt, by a two-thirds vote-as we could do if Senators would deal
rightly-amluendments to the Constitution, placing all the States upon an
equality in the Territories, and on every other question; submit them
to the people; and by such amendments I believe we could prevent, or
stop, a further rupture of this Union.
In a reply to the speech of Senator LANE of Oregon, the following remarks on secession, coercion, the Territorial question, and the Peace
Conference propositions, are furnished by
Senator JOHNSON, of Tennessee:-Mr. President, it is painfuli
for me to be compelled, at this late hour of the session, to occupy any
of the time of the Senate upon the subject that has just been discussed
by the Senator from Oregon. Had it not been for the extraordinary
speech he has made, and the singular course he has taken, I should forbear from saying one word at this late hour of the day and of the
session. But, sir, it must be apparent, not only to the Senate but to
the whole country, that, either by accident or by design, there has been
an arrangement that any one who appeared in this Senate to vindicate
the Union of these States should be attacked. Why is it that no one,
in the Senate or out of it, who is in favor of the Union of these States,
has made an attack upon me? Why has it been left to those who have
556 
APPENDIX.
taken both open and secret ground in violation of the Constitution, for
the disruption of the Government? Why has there been a concerted
attack upon me from the beginninc of this discussion to the present
moment, not even confined to the ordinary courtesies of debate and of
senatorial decorum? It is a question which lifts itself above personalities. I care not from what direction the Senator comes who indulges
in personalities toward me; in that, I feel that I am above him, and that
he is my inferior. [Applause in the galleries.] Mr. President, they
are not arguments; they are the resort of men whose minds are low
and coarse. Cowper has well said:
A truly sensible, well-bred man
Will not insult me; no other can."
Sir, have we reached a point at which we cannot talk about treason?
Our forefathers talked about it; they spoke of it in the Constitution of
the country; they have defined what treason was; is it an offence, is it
a crime, is it an insult to recite the Constitution that was made by
WASHINGTON and his compatriots?  What does the Constitution say:
"Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and comfort."
There it is defined clearly that treason shall consist only in levying
war against the United States, and adhering to and giving aid and
comfort to their enemies. Who is it that has been engaged in conspiracies? Who is it that has been engaged in making war upon the
United States? Who is it that has fired upon our flag? Who is it
that has given instructions to take our arsenals, to take our forts, to
take our dock-yards, to take the public property? In the language of
the Constitution of the United States, have not those who have been
engaged in it been guilty of treason?  We make a fair issue.  Show
me who has been engaged in these conspiracies, who has fired upon our
flag, has given instructions to take our forts and our custom-houses, our
arsenals and our dock-yards, and I will show you a traitor. [Applause
in the galleries.]
Mr. President, if individuals were pointed out to me who were
engaged in nightly conspiracies, in secret conclaves, and issuing orders
directing the capture of our forts and the taking of our custom-houses,
I would show who were the traitors; and that being done, the persons
pointed out coming within the purview and scope of the provision of
the Constitution which I have read, were I the President of the United
States, I would do as THOMAs JEFFERSON did, in 1806, with AARON
BURR; I would have them arrested, and, if convicted, within the
meaning and scope of the Constitution, by the Eternal GOD I would
557 
APPENDIX.
execute them.  Sir, treason must be punished;  Its enormity and the
extent and depth of the offence must be made known.  The time is not
distant, if this Government is preserved, its Constitution obeyed, and
its laws executed in every department, when something of this kind
must be done.
The Senator from Oregon, in his remarks, said that a mind that it
required six weeks to stuff could not know much of any thing.  He
intimated that I had been stuffed.  I made my speech on the 19th of
December.  The gentleman replied.  I made another speech, and now
he has replied again; and how long has he been "stuffing"?  How
often has he been "stuffed "?   [Laughter.]   He has been stuffed
twice; and if the stuffing operation was as severe and laborious as the
delivery has been, he has had a troublesome time of it, for his travail
has been great and the delivery remarkable.  [Laughter.]
We know how the Senator stands upon popular or squatter sovereignty.   On  that subject he spoke at Concord, New  Hampshire,
where he maintained that the inhabitants of the Territories were the
best judges; that they were the very people to settle all these questions;
but when he came here, at the last Congress, he could make a speech
in which he repeated, I cannot tell how many times, "the equality of
the States, the rights of the States in the Union, and their rights out of
the Union;" and he thus shifted his course.  If the conflict between
his speech made in Concord in 1856, and his speech made here on the
25th day of May last, can be reconciled, according to all rules of construction, it is fair to reconcile the conflict. If the discrepancy is so
great between his speech made then and his speech on the 25th of lMay
last, of course the discrepancy is against him; but I am willing to let
one speech set off the other, and to make honors easy, so far as speechmaking is concerned.
Then, how does the matter stand? There is one speech one way,
and there is another speech the other way. Now, we will come to the
sticking point.  You have seen the equivocation to-day.  You have
seen the cuttle fish attempt to becloud the water and elude the grasp of
his pursuer. I intend to stick to you here to-day, as close and as tight
as what I think I have heard called somewhere "Jew David's Adhesive Plaster." How does your vote stand as compared with your
speeches? Your speeches being easy, I shall throw in the scale against
you the weight of what you swore. How does that matter stand? I
intend to refer to the record.  By referring to the record, it will be
found that Mr. CLINGMAN offered the following as an amendment to the
fourth resolution of the series introduced by Mr. DAVIS:
558
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APPENDIX.
"Resolved, That the existing condition of the Territories of the United
States does not require the intervention of Congress for the protection of
property in slaves."
What was the vote on the amendment proposed to that resolution
by M1r. BROWN, to strike out the word " not." I want the Senator's
attention, for I.am going to stick to him, and if he can get away from
me he has got to obliterate the records of his country. How would it
read, to strike out the word " not."
"That the existing condition of the Territories of the United States
does require the intervention of Congress for the protection of property in
slaves."
Among those who voted against striking out the word " not," who
declared that protection of slavery in the Territories by legislation of
Congress was unnecessary, was the Senator from Oregon.   When was
that?  On the 25th day of May last.   The Senator, under the oath of
his office, declared that legislation was not necessary. Now where do
we find him? Here is a proposition to amend the Constitution, to
protect the institution of slavery in the States, and here is the proposition brought forward by the Peace Conference, and we find the Senator
standing against the one, and I believe he recorded his vote against the
other.
But, let us travel along. We have only applied one side of this
plaster. The Senator voted that it was not necessary to legislate by
Congress for the protection of slave property.  MIr. BROWN then offered
the amendment to the resolution submitted by Mr. DAVIS, to strike out
all after the word " resolved," and to insert in lieu thereof:
"That experience having already shown that the Constitution and the
common- law, unaided by statutory enactment, do not afford adequate and
sufficient protection to slave property-some of the Territories having failed,
others having refused, to pass such enactments-it has become the duty of
Congress to interpose, and pass such laws as will afford to slave property
in the Territories that protection which is given to other kinds of property."
We have heard a great deal said here to-day of " other kinds," and
every description of property. There is a naked, clear proposition.
Mr. BROWN says it is needed; that the court and the common law do
not give ample protection; and then the Senator from Oregon is called
upon; but what is his vote? We find, in the vote upon this amendment, that but three Senators voted for it; and the Senator from
Oregon records his vote, and says "no," it shall not be established;
and every Southern man, save three, voted against it also. When was
that? On the 25th day of May last. Here is an amendment, now, to
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APPENDIX.
protect and secure the States against any encroachment upon the institution within the States; and there the Senator from Oregon swore
that no further legislation was necessary to protect it in the Territories.
Well, his speeches in honors being easy, and ke having sworn to it in
the last Congress, I am inclined to take his oath in preference to his
speeches, and one is a fair set-off against the other. Then, all the
amendments being voted down, the Senate came to the vote upon this
resolution:
" That if experience should at any time prove that the judicial and executive authority do not possess means to insure adequate protection to constitutional rights in a Territory, and if the territorial government should fail or
refuse to provide the necessary remedies for that purpose, it will be the duty
of Congress to supply such deficiency, within the limits of its constitutional
powers."
Does not the resolution proceed upon the idea that it was not
necessary then; but if, hereaft*, the Territories should refuse, and the
courts and the common law could not give ample protection, then it
would be the duty of Congress to do this thing? What has transpired
since the 25th day of May last?   Is not the decision of the court
with us?  Is there not the Constitution carrying it there?  Why was
not this resolution, declaring protection necessary, passed during the
last Congress?  The Presidential election was on hand.
I have been held up and indirectly censured, because I have stood
by the people; because I have advocated those measures that are sometimes called demagogical. I would to GOD that we had a few more
men here who were for the people in fact, and who would legislate in
conformity with their will and wishes. If we had, the difficulties and
dangers that surround us now, would be postponed and set aside; they
would not be upon us. But in May last, we could not vote that it was
necessary to pass a slave code for the Territories. Oh, no; the Presidential election was on hand. We were very willing then to try to
get northern votes; to secure their influence in the passage of resolutions; and to crowd some men down, and let others up. It was all
very well then; but since the people have determined that somebody
else should be President of the United States, all at once the grape has
got to be very sour, and gentlemen do not have as good an opinion of
the people as they had before; we have changed our views about it.
They have not thought quite as well of us as we desired they should;
and if I could not get to be President or Vice-President of all these
United States, rather than miss it altogether, I would be perfectly willing to be President of a part; and therefore we will divide-yes, we
560 
APPENDIX.
will divide. I am in favor of secession; of breaking up the Union;
of having the rights of the States out of the Union; and as I signally
failed in being President of all, as the people have decided against me,
we have reached that precise point of time at which the Government
ought to be broken up. It looks a little that way.
I have no disposition now, in concluding what little I am going to
say, to mutilate the dead, or add one single additional pang to the
tortures of the already politically damned. I am a humane man; 1
will not add one pang to the intolerable sufferings of the distinguished
Senator from Oregon. [Laughter.] I sought no controversy with
him; I have made no issue with him; it has been forced upon me.
How many have attacked me; and is there a single man, North or
South, who is in favor of this glorious Union, who has dared to make
an assault on me? Is there one? No; not one. But it is all from
secession; it is all from that usurpation where a reign of terror has
been going on.
I repeat, again, the Senator has made a set-to on me.  I am satisfied if he is.  I am willing that his speech and mine shall go to the
country, and let an intelligent people read and understand, and see who
is right and who is wrong on this great issue.
But, sir, I alluded to the fact that secession has been brought about
by usurpation. During the last forty days, six States of this Confederacy have been taken out of the Union; how? By the voice of the
people? No; it is demagogism to talk of the people. By the voice
of the freemen of the country? No. By whom has it been done?
Have the peo(le of South Carolina passed upon the ordinance adopted
by their Convention? No; but a system of usurpation was instituted,
and a reign of terror inaugurated.  How was it in Georgia?  Have
the people there passed upon the ordinance of secession? No. We
know that there was a powerful party there, of passive, conservative
men, who have been overslaughed, borne down; and tyranny and
usurpation have triumphed. A convention passed an ordinance to take
the State out of the Confederacy; and the very same convention appointed delegates to go to a congress to make a constitution, without
consulting the people. So with Louisiana; so with Mississippi; so
with all the six States which have undertaken to form a new Confederacy. Have the people been consulted? Not in a single instance.
We are in the habit of saying that man is capable of self-government;
that he has the right, the unquestioned right, to govern himself; but
here, a government has been assumed over him; it has been taken out
of his hands, and at Montgomery a set of usurpers are enthroned,
36
561 
APPENDIX.
legislating, and making constitutions and adopting them, without consulting the freemen of the country.  Do we not know it to be so?  Ilave
the people of Alabama, of Georgia, of any of those States, passed upon
it? No; but a Constitution is adopted by those men, with a provision
that it may be changed by a vote of two-thirds. Four votes in a convention of six, can change the whole organic law of a people constituting six States. Is not this a coup d'etat equal to any of Napoleon?
Is it not a usurpation of the people's rights?  In some of those States,
even our Stars and our Stripes have been changed. One State has a
palmetto, another has a pelican, and the last that I can enumerate on
this occasion, is one State that has the rattlesnake run up as an emblem.
On a former occasion I spoke of the origin of secession; and I traced
its early history to the garden of Eden, when the serpent's wile and the
serpent's wickedness beguiled and betrayed our first mother. After
that occurred, and they knew light and knowledge, when their Lord and
Master turned to them, they seceded, and hid themselves from his presence.  The serpent's wile, and the serpent's wickedness, first started
secession; and now, secession brings about a return of the serpent.
Yes, sir; the wily serpent, the rattlesnake, has been substituted as the
emblem on the flag of one of the seceding States; and that old flag, the
Stars and the Stripes, under which our fathers fought and bled and conquered, and achieved our rights and our liberties, is pulled down and
trailed in the dust, and the rattlesnake substituted. Will the American
people tolerate it?  They will be indulgent; time, I think, is wanted,
but they will not submit to it.
A word more in conclusion. Give the Border States that security
which they desire, and the time will come when the other States will
come back; when they will be brought back-how? Not by the coercion of the Border States, but by the coercion of the people; and
those leaders who have taken them out will fall beneath the indignation
and the accumulating force of that public opinion which will ultimately
crush them. The gentlemen who have taken those States out are not
the men to bring them back.
I have already suggested that the idea may have entered into some
minds, " if we cannot get to be President and Vice-President of the
whole United States, we may divide the Government, set up a new
establishment, have new offices, and monopolize them ourselves when
we take our States out." Here we see a President made, a Vice-President made, cabinet officers appointed, and yet the great mass of the
people not consulted, nor their assent obtained in any manner whatever.
The people of the country ought to be aroused to this condition of things;
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APPENDIX.
they ought to buckle on their armor; and, as Tennessee has done
(GOD bless her!), by the exercise of the elective franchise, by going to
the ballot-box under a new set of leaders, they will repudiate and put
down those men who have carried these States out and usurped a Gov ernment over their heads.  I trust in GOD that the old flag of the Union
will never be struck. I hope it may long wave, and that we may long
hear the national air sung:
"The star-spangled banner, long may it wave,
O'er the land of the free and the home of the brave!"
Long may we hear old Hail Columbia, that good old national air,
played on all our martial instruments! long may we hear, and never
repudiate, the old tune of Yankee Doodle!   Long may wave that
gallant old flag which went through the Revolution, and which was
borne by Tennessee and Kentucky at the battle of New Orleans, upon
that soil the right to navigate thle Mississippi near which they are now
denied. Upon that bloody field the Stars and Stripes waved in triumph;
and, in the language of another, the Goddess of Liberty hovered
around when " the rocket's red glare" went forth, indicating that the
battle was raging, and watched the issue; and the conflict grew fierce,
and the issue was doubtful; but when, at length, victory perched upon
your Stars and your Stripes, it was then, on the plains of New Orleans,
that the Goddess of Liberty made her loftiest flight, and proclaimed
victory in strains of exultation.  Will Tennessee ever desert the grave
of him who bore it in triumph, or desert the flag that he waved with
success?  No; we were in the Union before some of these States were
spoken into existence; and we intend to remain in, tnd insist uponas we have the confident belief we shall get-all our constitutional
rights and protection in the Union, and under the Constitution of the
country. [Applause in the galleries.]
The PRESIDING OFFICER (Mr. FITCH in the chair): —It will
become the unpleasant but imperative duty of the Chair to clear the
galleries.
Mr. JOHNSON, of Tennessee:-I have done.
[The applause was renewed, and was louder and more general than
before. Hisses were succeeded by applause, and cheers were given and
reiterated, with "three cheers more for JOHNSON."]
The PRESIDING OFFICER:-The  Sergeant-at-Arms will immediately clear the galleries, and the order will not be rescinded.
The order having been executed by clearing the galleries and locking the doors leading to them, the Presiding Officer announced that the
business of the Senate would be proceeded with.
.563 
APPENDIX.
The Senate, having disposed of several bills, was about to take action on a proposed amendment to the House resolutions, when the Peace
Conference amendments were adverted to as follows:
Mr. MASON:-Now, I desire to say a word.   There was a commission from twenty or twenty-one States summoned here by the State
of Virginia to take into consideration the state of the country, and they
have proposed an elaborate amendment to the Constitution, which they
ask this body, in connection with the other House, to refer to the States.
That has been under consideration for two days; no vote has been
taken upon it; and the Senator from Illinois now proposes to postpone
that in order to give precedence to a resolution from the House of Representatives proposing to amend the Constitution by prohibiting Congress from interfering with slavery in the States. His motion is, at
this stage of the session, to put aside any further consideration of this
amendment to the Constitution proposed by that Peace Conference, presented in the impressive manner in which it was done by the honorable
Senator from Kentucky, in order to give precedence to this joint resolution of the House on this the last day of the session. Sir, I shall
vote against giving it that precedence. I think it is due not only to
those honorable gentlemen who came here and have submitted to us the
result of their labors that we should give it that precedence, but I feel
that it is due to the State of Virginia, who invited the Conference, that
no precedence should be given over it. For that reason, I shall vote
against it.
Mr. DOUGLAS:-I am glad to find that the Senator from Virginia
has become such a warm advocate of the report of the Peace Conference. How many hours is it since we heard him denounce it as unworthy the consideration of Southern men or of this country? How
long is it since these denunciations were ringing in our ears? We do
not hear the praises of the Peace Conference sounded until we are
about to get a vote on another proposition to pacify the country; and
for fear we may have a vote that will quiet the apprehensions of the
Southern States in respect to, the designs of the North to change the
Constitution, so as to interfere with slavery in the States, we find now
that the Peace Conference is to be pushed forward to defeat this. Sir,
if he is a friend of the proposition of the Peace Conference, let him act
with me and sit as long as I will in urging it upon the Senate. I am
for both; but this one is within our reach. We can close this much in
five minutes. We should have had it passed before this time, if the
Senator from Virginia had not interposed objections. If the amendment to the Constitution which furnishes guarantees to the border slave
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APPENDIX.
States fail, it will be the result of the efforts of the Senator from Vir ginia. My object is to take that up; we can dispose of it in a very
few minutes; and then, when we have secured thus much, we will pro ceed immediately to take up the report of the Peace Conference; and I
tell the Senator from Virginia he will find me standing here adhering
to it as long as he will; and when the vote comes, I think I shall show
that I am as friendly to it as he; and that I have as much respect for
and appreciation of the services of the great men who reported it.
Mr. MASON:-The Senator from Illinois and I construe our duties
in a very different way. I have no parliamentary ends to obtain here by
dexterous motions to give preference.  The Senator has never heard
me express the slightest approbation of these resolutions from the Peace
Conference. On the contrary, he has heard me point out, with whatever ability I might, the objections that would compel me to vote against
them. I intend to vote against them; but I deem it due to the character of these resolutions, anh the way in which they were brought
before the Senate, that their precedence should not be taken from them,
and that we should have the first vote upon them. The Senator from
Illinois will not find me taking back one word that I have said of objection to the resolutions that came from the Peace Conference; but I protest against their precedence being taken from them-a matter which
has engaged the attention of the Senate for the last two hours to effect
it. Now that it is done, I shall vote against the motion to give precedence. The resolutions of the Peace Conference should not be thrust
aside by this resolution of the House; but that is the motion now before
us, to thrust aside these resolutions in order to give place to the resolution of the House, and I shall vote against it.
Mr. CRITTENDEN:-I shall pursue, on this occasion, the course
I have pursued throughout. My object is to attain a great end, and,
if possible, to give entire satisfaction to the country, and restore it to
peace and quiet, or to go as far in that direction as it is in my power to
go. I shall vote to take up the resolution of the House, because we
can act upon it immediately. I am an advocate of the resolutions from
the Peace Conference. I have shown it; I have expressed it, and my
determination to vote for them, and so I will; but I confess that I feel
somewhat as the gentleman from Illinois does-surprised at the great
zeal with which gentlemen want to keep up these propositions merely
to strike a blow at others, claiming a precedence for a thing they mean
to trample and spit upon.
Mr. MASON:-It has precedence, if the Senator will allow me,
and he took it from it.
565 
APPENDIX.
Mr. CRITTENDEN:-And he wants to continue that precedence.
Sir; the way to manifest respect for their proposition is to vote for it.
I do not understand this sort of proceeding on the part of gentlemen
who desire to afford any means of pacification to the country. I am
for this resolution of the House of Representatives; and I hope the
Senate will vote to take it up. We can act upon it, and we can vote
upon it, and we know well that we cannot pass these propositions of the
Peace Conference. There are but two hours more of session in the
other House-from ten to twelve o'clock on Monday morning. I cannot indulge in a hope, sanguine as I have been throughout, of the passage of those resolutions; and, indeed, the opposition here, and the
opposition on this [the Democratic] side of the Chamber to those
resolutions, are confirmation strong as Holy Writ that they cannot pass.
Do gentlemen want to press them forward in order to prevent a vote
on this resolution of the House? I hope not. I hope the motion of
the gentleman from Illinois will prevail, and that we shall take up the
House resolution.
Mr. BAYARD:-Mr. President, I have forborne to take any part
in this discussion about the merits of any of these propositions before
the Senate, nor do I intend to do so now. I shall reserve what I may
have to say to another occasion.  I shall not occupy the time of the
Senate now. I shall vote against this motion, because, while I feel I
do no injustice to others, I must necessarily exercise my own opinions.
I consider the resolution passed by the House of Representatives as not
worth the paper on which it is written, for the purpose of adjusting the
difficulties in this country. I shall not detain the Senate by any attempt
to give the reasons. Sufficient for me to state the ground of my objection, why I shall not vote to give preference to a resolution which, as it
stands, I think will lead to no attainable result as regards peace or
quiet in the country. As regards the other propositions, for which it is
sought to be substituted, I express no opinion now, except to say, they
are not exactly those that I should have preferred; but that I would
gladly and willingly vote to adopt the distinct resolutions offered originally by the Senator from Kentucky. As to attaining a vote and disposing of this House resolution at once, of course, as I do not attach
any importance to the measure, if passed, for the purpose for which it
is to be passed, that would be a sufficient answer; but further, it will
not stop debate, and it cannot prevent amendments.  Amendments may
be made; one substitute after another may be offered, and you can be
led into debate quite as much as on the other. I would rather see the
other proposition discussed; and on the whole, not thinking the partic
566 
APPENDIX.
ular resolution of the House entitled to preference as being of any great
importance, I am not disposed to give it precedence.
Mr. SEBASTIAN, in speaking on the House resolutions, said: " It
is now past four o'clock in the morning of the 4th of March, and
it is evident, from obvious causes, that it is utterly impossible that
any expression of preference for any other resolution than this can now
have any effect, or receive even the notice of the House of Representatives."
At different stages of the proceedings of the Senate, in proposing
and voting in relation to various amendments, the following among
other things said and done, occurred with reference to the Report of the
Peace Conference:
Mr. JOHNSON, of Arkansas:-I beg leave to offer as an amendment, and I presume it will be the last, the propositions submitted by
the Peace Conference. I offer them not with a belief that they will be
accepted or sustained at all. I should be glad to see even that step
taken by the party who are to have, and who, in point of fact, do have
possession of this Government. I offer them for the purpose of obtaining a vote upon them. I offer them, stating frankly that I shall not
vote for them. I offer them with the conviction that there is between
the Representatives on the other side of the Chamber, and those on the
southern side, an irreconcilable difference; and it ought to be proclaimed, and it ought to be made frank and unmistakable. I offer it
because it evolves truth. There is nothing left here to this Senate, on
this the last night of the session, but this: to declare to the American
people what is true, in order that they may know it, and may prepare
themselves to meet it; that they may prepare, if they can, to reconcile
it with peace, or to reconcile it to themselves; to stand by all the
sorrowful consequences that shall otherwise come. This is the reason
why I present this amendment. I believed when I voted for them that
the propositions of the Senator from Kentucky were fair, were just to
the people of the South, and to my own State among that number; and
it is but honest that I should say now in presenting this amendment,
that I consider these propositions a thousand fathoms beneath the propositions of the Senator from Kentucky.
It is in that condition that I offer this amendment. I hope Senators
will have the courage and the nerve, if they have faith in and regard for
their constituents, to whom they have taught their doctrines heretofore,
to adhere to them and to stick to them now; and while they will vote
against this amendment, I will stand by them also and vote against it,
567 
AlPPENDIX.
as one person who for fourteen years has represented his State in one
or the other branch of this Congress. In saying this, I say it as the
last act of my political life, and it is one upon which I put my faith,
and on which I would put the last hope I have on earth. I know from
the bottom of my soul that I am not averse to the continuation and the
preservation of the present Union of States, which I have always considered sanctifies the continent of North America to peace and to prosperity forever. I feel from the bottom of my heart that whenever it
shall be divided, it will be given up, from petty causes, and from petty
irritations and misapprehensions, to the contingencies of war and the
contingencies of blood and disaster, which have followed the divisions
and separations of every other continent in the whole wide world.
Then, lIr. President, I offer this amendment from the conviction
that common honesty of purpose, and the common frankness of men of
nerve and of honor, will give us one vote to show that there is among
us an irreconcilable difference, or that will give hope to those who, like
the Senator from Kentucky, it seems to me, can hope against hope,
that there is something to be done. I cannot believe that any thing is
gained by this resolution. I cannot conceive that the proposition of
the House gives security to my people. I will not stop to comment
upon it, and to show why it is that I cannot vote for it. I sincerely
hope that we may have a vote of the Senate upon the amendment I
now offer; and I call for the yeas and nays upon it.
The yeas and nays were ordered.
Mr. JOHNSON, of Tennessee:-I wish merely to repeat again,
before the yeas and nays are called on this amendment, that I shall
vote against this, as I have voted against all preceding amendments,
with the distinct understanding that I am not committed for or against
any proposition contained in those amendments. I hope we shall vote
them all down.
MIr. DOUGLAS:-I will merely state that when we have disposed
of this resolution, I hope we shall take up the Peace Conference propositions immediately, and get through with them.
The Secretary proceeded to call the roll.
Mr. CRITTENDEN  (when his name was called):-I desire to
say that, although preferring this amendment, I shall vote against it,
as I have against all others, in order to pass it as it came to us from
the House.
Mr. JOHNSON,  of Arkansas:-I should like to have made  a
farther explanation; but I will not do it. I vote " nay."
568 
APPENDIX.
The result was then announced-yeas 3, nays 34; as follows:
YEAS.-Messrs. Foot, Nicholson, and Pugh-3.
NAYS. —Messrs. Anthony, Baker, Bigler, Bingham, Bright, Chandler,
Clark, Crittenden, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foster,
Grimes, Harlan, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, King, Latham, Mason, Morrill, Polk, Rice, Sebastian, Sumner, Ten
Eyck, Trumbull, Wade, Wigfall, Wilkinson, and Wilson-34.
So the amendment was rejected.
Other amendments-of which some were approved and some re     jected-were offered to the joint resolutions, and, finally, the proposals
of amendments to the Constitution from the Conference Convention
were again brought forward in this manner:
Mr. CRITTENDEN:-I intend to be perfectly consistent in my
course on this subject.  I look upon the result of the deliberations of
the Peace Congress, as they call it here, as affording the best oppor    tunity for a general concurrence among the States and among the
people. I determined to take it in preference to my own proposition,
and so stated to many of the members of that Convention. I now
propose the propositions agreed to by them as a substitute for my own.
I came here this morning, without the least expectation of any vote
being taken on this proposition of mine. It has never been in a con    dition before where I was prepared to offer amendments to it.   I had
amendments which I intended to propose, not intending to make
material changes, as I supposed, in substance and effect, but changing
the phraseology, particularly of the first article, in which I propose to
substitute an amendment, to declare merely that the status of persons
held to servitude or labor under the laws of any State shall continue
with the laws thus unchanged, as long as the Territory remains under
a territorial government; and when it forms a constitution, to come into
the Union as a State, to be received with or without slavery. All my
papers and the amendments which I prepared are at my room, not
here. That is the condition of the thing.
Mr. HUNTER:-The resolution stands now as several States have
instructed for it, and I hope we shall have a vote on it.
Mr. CRITTENDEN  -I now move to substitute the resolutions
of the Peace Convention. I have declared that I would do this; that
I would abandon my own resolutions, and take that proposed by the
Peace Conference.
Mr. HUNTER:-Then I call for the yeas and nays on the amend   ment of the Senator from Kentucky.
The PRESIDING  OFFICER:-Does the Chair understand the
569 
APPENDIX.
Senator from Kentucky to offer as an amendment to the resolution now
before the Senate, the resolution of the Peace Conference?
Mr. CRITTENDEN:-Yes, sir.
Mr. HUNTER:-That is an amendment, and on that I ask for the
yeas and nays.
The yeas and nays were ordered.
Mr. CRITTENDEN:-I wish to say a word in explanation; of
course I shall make no speech at this hour. I have examined the
propositions offered by that Convention; they contain, in my judgment,
every material provision that is contained in the resolution called the
CRITTENDEN resolution.  The resolution that I offered contained nothing
substantial that has not been adopted by the Convention, except in one
particular, and that particular is this: they reject so much  of the
resolution offered by me as embraced future acquired territory. They
said it was enough to settle in regard to the territory we now hold;
and they have substituted a provision which, I think, ought to be per fectly satisfactory, as to acquisition of future territory.   They say
none shall be acquired, unless it be by a two-thirds vote of the Senate,
which two-thirds vote shall include a majority of the Senators from the
slaveholding States, as well as a majority of the Senators from the
North.  That gives ample security to the South; it gives ample security
to the North.  No territory can be acquired without the approbation
of both sections of the Union, and having this in their power, they can
then make any previous arrangement in regard to slavery that they
please, before the acquisition of territory.  That is the way they dis pose of future acquisitions. I prefer it to the disposition made in the
resolutions which I submitted to the Senate. I therefore offer them,
and for other reasons: out of deference to that great body of men
selected on the resolution of Virginia, and invited by Virginia herself.
The body having met, and being composed of such men, and a majority
of that Convention concurring in these resolutions, I think they come
to us with a sanction entitling them to consideration; therefore I have
moved them.
Mr. GWIN:-I hope the substitute will not be adopted.  The very
reason the Senator has given in favor of it, with reference to the acqui sition of future territory, I think should be the cause of its being voted
down. I am sure Senators from Northern States should not vote for
such an amendment as this; because the first acquisition, if we get any
at all, will be the very kind of acquisition that the Northern States
want. It is well known that if we had had the same counsels in 1854
that we had in 1803, we should have acquired the whole Russian
570 
APPENDIX.
Pacific territory to Behring Straits.  If THOMIAS JEFFERSON had been
President, we should have got the whole of the Pacific possessions of
Russia, as we got Louisiana from France, on the same principle; and
I believe the first acquisition of territory we shall get will be the
Russian possessions to Behring Straits. I hope this amendment of the
Constitution will not be voted for by those who are in favor of acquiring territory, especially which will give us such important advantages
on the Pacific Ocean. I am utterly opposed to restricting all acquisition
hereafter; especially on the Pacific coast of the United States, both
north and south. I hope this amendment will be voted down.
Mr. DOUGLAS  -I was exceedingly anxious to get a separate
and distinct vote, first on the Peace Conference propositions, and then
on the CRITTENDEN proposition, as perfected by the Senator from Kentucky.   I have announced several times to-night, that that was  my
purpose; but after what the Senator from Kentucky has said about his
obligations to the Peace Conference, to give priority to their proposition,
I must follow him, although I should be delighted if we could make
arrangements for separate votes. I prefer his perfected amendment to
the Peace Conference proposition; but still, I cannot separate from him
on this question, when he thinks he is bound to bring it forward.
The Secretary proceeded to call the roll on the amendment.
Mr. NICHOLSON (when his name was called):-I greatly prefer
the resolution of the Senator from Kentucky, because it is unequivocal,
unambiguous in its language, and embraces future as well as present
territory; but I am willing, if that cannot be got, to vote for the other;
and I do not concur in the criticisms that have been made on it to the
full extent, though there are features in it to which I very much object.
I shall, therefore, vote " nay" on this proposition.
Mr. POWELL:-As I have before announced, I have paired with
the Senator from Pennsylvania [Mr. CAMERON]. If I were not paired,
I should vote " nay."
Mr. GWIN:-He would vote with you, if he were here.
Mr. POWELL:-I cannot tell; he is not here.
The result was announced-yeas 7, nays 28, as follows:
YEAS.-Messrs. Crittenden, Douglas, Harlan, Johnson of Tennessee, Kennedy, Morrill, and Thomson-7.
NAYs.-Messrs. Bayard, Bigler, Bingham, Bright, Chandler, Clark, Dixon,
Fessenden, Foot, Foster, Grimes, Gwin, Hunter, Lane, Latham, Mason,
Nicholson, Polk, Pugh, Rice, Sebastian, Sumner, Ten Eyck, Trumbull, Wade,
Wigfall, Wilkinson, and Wilson-28.
So the amendment was rejected.
571 
APPENDIX
No. IV.
[The action of both houses of Congress in relation to the Peace Conference, and the propositions of amendments therein adopted, would seem to
form a portion of its history. I shall endeavor to furnish their action
so far as it can be separated from other matters connected with the
propositions presented. Immediately after the adoption of the resolutions
of Virginia, under which the Conference was called, and on the 28th of
January, 1861, the following proceedings took place in the House of Representatives of the United States.]
HousE OF REPRESENTATIVES,?
WASHINGTON, MONDAY, January 28th, 1861. 
The SPEAKER, Hon. WM.  ENNINGTON, laid before the House a
message from the President of the United States, which was read by
the Clerk, as follows:
To the Senate and House of Representatives of the United States:
I deem it my duty to submit to Congress a series of resolutions
adopted by the Legislature of Virginia, on the 19th inst., having in
view a peaceful settlement of the exciting questions which now threaten
the Union. They were delivered to me on Thursday the 24th inst.,
by ex-President TYLER, who has left his dignified and honored retirement, in the hope that he may render service to his country in this its
hour of peril. These resolutions, it will be perceived, extend an
invitation "to all such 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 which the Constitution
was originally formed, and consistently with its principles, so as to
afford to the people of the slaveholding States adequate guarantees for
the security of their rights, to appoint Commissioners to meet, on the
4th day of February next, in the City of Washington, similar Commissioners appointed by Virginia, to consider, and, if practicable, agree
upon some suitable adjustment."
I confess I hail this movement, on the part of Virginia, with great
satisfaction. From the past history of this ancient and renowned
Commonwealth, we have the fullest assurance that what she has undertaken she will accomplish, if it can be done by able, enlightened, and
persevering efforts. It is highly gratifying to know that other patriotic
572 
APPENDIX.
States have appointed, and are appointing Commissioners to meet those
of Virginia in council. When assembled, they will constitute a body
entitled, in an eminent degree, to the confidence of the country.
The General Assembly of Virginia have also resolved "that exPresident JOHN TLER- is hereby appointed by the concurrent vote of
each branch of the General Assembly, a Commissioner to the President
of the United States; and Judge JOHN ROBERTSON is hereby appointed,
by a like vote, a Commissioner to the State of South Carolina, and
the other States that have seceded or shall secede, with instructions
respectfully to request the President of the United States and the
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 the United States."
However strong may be my desire to enter into such an agreement,
I am convinced that I do not possess the power. Congress, and Congress alone, under the war-making power, can exercise the discretion
of agreeing to abstain " from any and all acts calculated to produce a
collision of arms" between this and any other Government.  It would,
therefore, be a usurpation for the Executive to attempt to restrain their
hands by an agreement in regard to matters over which he has no constitutional control. If he were thus to act, they might pass laws which
he should be bound,to obey, though in conflict with his agreement.
Under existing circumstances, my present actual power is confined
within narrow limits. It is my duty at all times to defend and protect
the public property within the seceding States so far as this may be
practicable, and especially to employ all constitutional means to protect
the property of the United States, and to preserve the public peace at
this the seat of the Federal Government.   If the seceding States
abstain "from any and all acts calculated to produce a collision of
arms," then the danger so much to be deprecated will no longer exist.
Defence, and not aggression, has been the policy of the administration
from the beginning.
But while I can enter into no engagement such as that proposed,
I cordially commend to Congress, with much confidence that it will
meet their approbation, to abstain from passing any law calculated to
produce a collision of arms pending the proceedings contemplated by
the action of the General Assembly of Virginia. I am one of those
who will never despair of the Republic. I yet cherish the belief that
the American people will perpetuate the Union of the States on some
terms just and honorable for all sections of the country. I trust that
573 
APPENDIX.
the mediation of Virginia may be the destined means, under Providence, of accomplishing this inestimable benefit. Glorious as are the
memories of her past history, such an achievement, both in relation to
her own fame and the welfare of the whole country, would surpass
them all.
JAMES BUCHANAN.
The " series of resolutions" referred to, and transmitted in President BUCHANAN'S message to Congress, are in the body of this book
on pages 9 and 10.
The following communication by the Governor of Virginia to the
General Assembly thereof, was also submitted with the President's
Message:
The Commonwealth of Virginia,
to all to whom these presents shall come, greeting:
Know you, that the General Assembly of the Commonwealth of
Virginia, having, by joint resolution, adopted on the 19th instant, and
hereto attached, appointed ex-President JOHN TYLER a Commissioner to
the President of the United States to carry out the instructions conveyed in said resolution: therefore, I, JOHN LETCHER, Governor, do
hereby announce the said appointment, and authenticate the same.
In testimony whereof, I have hereunto set my hand, and
[L. S.]  caused the great seal of the State to be affixed, in the City
of Richmond, this 20th day of January, Anno Domini 1861.
JOHN LETCHER.
By the Governor:
GEORGE W. MUNFORD,
Secretary of the Commonwealth.
Mr. STANTON:-I move that that message be printed, and referred to the Standing Committee on Military Affairs.
Mr. JOHN  COCHRANE:-I move as an amendment  to that
motion, that it be referred to the special committee of five.
Mr. HOWARD,  of Michigan:-I would suggest that whatever
committee the message is referred to, ought to have power to report it
back at any time; otherwise it will be locked up where the House cannot control it.
Mr. BURCH:-The  gentleman from Virginia only yielded the
floor for the reading of the message, and is now entitled to the floor.
The SPEAKER:-It is proper that the message should be disposed
of in some way.
Mr. STANTON:-If the House will allow me, I will move that
574 
APPENDIX.
the message be referred to the Standing Committee on Military Affairs,
with power to report on it at any time.
The SPEAKER:-That motion is not in order.  A motion has
been made to refer the message to the Committee on Military Affairs,
and the gentleman from New York moves, as an amendment, that it be
referred to the special committee of five.
Mr. BOCOCK:-If there is to be any debate on this motion, it should
be allowed to go over until my colleage (Mr. PRYOR) makes his speech.
Mr. STANTON:-I move the previous question.
lMIr. CURTIS:-The question should first be taken on the motion
to refer to the Committee on Military Affairs.
The SPEAKER:-That statement is correct.  The question is on
referring the message to the Military Committee.
Mr. BOCOCK:-I am bound to interpose on behalf of my colleague, who says he only yielded to have the message read.
Mr. STANTON:-The previous question is demanded, and that
will put an end to the matter at once.
Mr. MILLSON -I think the question deserves some little consideration. I therefore move to postpone the further consideration of
the President's message till to-morrow.
Mr. STANTON:-Very well; let that course be taken.
The motion was agreed to.
After the report of the Peace Conference had been transmitted to
the House of Representatives, and while the joint resolutions were
under consideration, several ineffectual attempts were made to get the
labors of the Conference before the House. Here is one of the first:
Mr. MAYNARD:-It is known, I suppose, to most members of
the House, informally and unofficially, that what is known as the Peace
Conference, to which the country has been looking for several days, has
concluded its labors and dissolved.  [Cries of " Order!"]  I desire to
make a proposition.
Mr. BINGHAM, and others objected.
Mr. MAYNARD:-I have a right to make a proposition.
Mr. CRAIGE, of North Carolina:-I call the gentleman to order,
and insist upon the enforcement of the rules.
Mr. 3MAYNARD  [amid loud cries of " Order!"] moved to postpone the vote upon the pending propositions until to-morrow after the
morning hour.
The motion was not agreed to.
575 
APPENDIX.
And again, the same day, February 27th, the following effort was
made:
Mr. McCLERNAND:-I wish to state that I understand there is
on the Speaker's table a communication from the president of the Peace
Conference. I ask the unanimous consent of the House that it be taken
up and read.
Mr. LOVEJOY:-I object.
So action was further delayed.
March 1st, 1861.-When a communication from the Navy Department came up for consideration in the House, the motion to postpone
the special order brought out the following action on the communication
of the Peace Conference:
The SPEAKER:-There is a communication, which has been for
some time lying upon the Speaker's table, from the president of the
Peace Conference. The Chair thinks it is right that it should be
taken up.
Mr. LOVEJOY  -I object.
Mr. GROW:-I call for the regular order of business.
The SPEAKER:-The Chair has not thought proper to present it
until the propositions of the Committee of Thirty-three had been disposed of; but he thinks it right that they should now be presented.
Mr. STEVENS,  of Pennsylvania:-I  object, on behalf of John
Tyler, who does not want them in. [Laughter.]
Mr. McCLERNAND:-I move to suspend the rules.
Mr. GROW:-I call for the regular order of business.
The SPEAKER:-The Chair thinks he ought to have the privilege
of presenting these papers.
Mr. GROW:-I rise to a question of order.  The territorial business is the special order. I am entitled to the floor; and I submit that
it cannot be taken from me by any motion to suspend the rules.
The SPEAKER:-The  Chair thinks the motion to suspend the
rules is in order.
3fr. GROW:-The Chair can hardly understand my question of
order. It is that the territorial business is the special order, made so
by a suspension of the rules. While that is pending, therefore, by the
uniform decision of the House, no motion can be entertained to suspend
the rules.
The SPEAKER:-The territorial business was made the special
order for the two succeeding days after the propositions reported by the
Committee of Thirty-three had been disposed of.
Mr. BOTELER  -I want to know if there is any business, or can
-576 
APPENDIX.
be any business, that should take precedence of these propositions of
the Peace Conference?
Mr. LOVEJOY:-Yes,  sir; there are ten thousand things that
should take precedence.
The SPEAKER:-The Chair decides that the gentleman from
Illinois [Mr. MCCLERNAND] has the floor, and is entitled to make the
motion to suspend the rules.
Mr. GROW:-Do I understand the Chair to decide that the business of the Territories does not come up to-day?
The SPEAKER:-The Chair is of opinion that, under a strict construction of the rule, it would properly come up to-morrow.
Mr. GROW  -I appeal from the decision of the Chair.
Mr. HATTON: I move to lay that appeal on the table.
Mr. HICKMAN:-Upon that motion, I call for tellers.
Mr. WASHBURNE, q f Illinois:-Before the House divides upon
the appeal, I desire the Chair to state precisely what the point of order
is that we are to vote upon.
The SPEAKER:-The Chair decided that the gentleman from
Illinois [Mr. MCCLERNAND] had the floor, and was in order in moving
to suspend the rules for the purpose of receiving the communication the
Chair desired to lay before the House. From that decision an appeal
was taken, and a motion made to lay the appeal on the table. The
question is now upon the latter motion.
Mr. GROW:-I rise to a question of order again.  The Chair has
not stated my question of order correctly.  My point of order was, that
the business of the Territories was set down as a special order immediately after the disposal of the business of the Committee of Thirtythree.
Mr. HATTON -I call the gentleman from Pennsylvania to order.
Mr. GROW:-I have the right to state my point of order.
The SPEAKER:-The gentleman from Pennsylvaniawill state his
point of order.
Mr. GROW:-It is, that the Territorial business having been made
the special order, comes up now as the regular order of business.
The SPEAKER:-The Chair decides that the gentleman from
Illinois obtained the floor, and had the right to submit the motion to
suspend the rules.
Mr. GROW:-He had no right to take the floor from me  for any
such purpose.
The SPEAKER:-The Chair overrules the question of order.
Mr. GROW:-And from that decision I take an appeal.
37
577 
APPENDIX.
The SPEAKER:-The appeal is already pending; and a motion
has been made to lay the appeal on the table.
Mr. GROW:-I call for tellers on the motion.
Tellers were ordered, and Messrs. ADRAIN and GROW were appointed.
The House divided; and the tellers reported-forty-seven in the
affirmative.
Mr. HOWARD, of Michigan:-I move that the House adjourn.
Before the vote had been taken on the motion, the hour of five arrived; and
The SPEAKER declared the House had taken a recess until seven
o'clock.
EVENING SESSION.
The House reassembled at seven o'clock P. M.
COMMUNICATION OF THE PEACE CONFERENCE.
Mr. GROW:-What is the regular order of business?
The SPEAKER:-The Chair had decided that the gentleman from
Illinois [MI/r.  ICCLERNAND] was entitled to the floor, to move that the
rules be suspended to receive a communication from the Peace Conference. From that decision the gentleman from Pennsylvania [Mr
GROW] appealed; and a motion was made to lay the appeal on
the table.
Mr. McCLERNAND:-I think we can perhaps agree to an arrangement that will be satisfactory to gentlemen upon both sides, by
which any difficulty upon the question of order can be avoided. If gentlemen upon that side of the House will allow the propositions to be
presented, we are willing that they shall be referred, and the House
then proceed to the consideration of the territorial business.
Mr. KELLOGG, of Illinois -I hope that will be done.
Mr. LOVEJOY:-I object to the reception of the proposition.
Mr. HICKMAN:-There are but few members present.   I move
that there be a call of the House.
The motion was disagreed to.
Mr. HICKMAN:-I ask the Chair for his judgment whether there
is a quorum present or not.
The SPEAKER:-In the opinion of the Chair, a quorum is not
present.
678 
APPENDIX.
Mr. McCLERNAND:-I inquire whether there is any objection
to the propositions of the Peace Conference being taken up and referred?
Mr. LOVEJOY:-I certainly object in toto coelo to any such
proposition.
Mr. BOTELER  -I desire to ask this question: can any member
object to the reception of a communication from the Peace Congress?
Mr. LOVEJOY:-It is not a Peace Congress at all.  There is no
such body known to this House.
Mr. BOTELER:-I merely ask the question for information, for I
do not profess to be familiar with the rules; I desire to know whether
the objection of a single member can defeat the reception of such a
proposition, especially when that single member is known not to be a
conservative man, but a man opposed to all compromises?
The SPEAKER:-The Chair will suggest that a great deal of time
will be saved by having a call of the House, as there is evidently no
quorum present.
A call of the House was taken.  A quorum having appeared, the
House proceeded to dispose of several special orders, when, on a motion
of postponement, it returned in this wise to the Peace Conference:
Mfr. LOGAN:-I demand the yeas and nays on the motion to
postpone.
The yeas and nays were not ordered.
The special order was then postponed.
Mr. McCLERNAND:-I now move to suspend the rules of the
House, for the purpose of receiving the memorial of the Peace Congress,
which assembled lately in this city.
Mr. GROW:-To be received?  What for?
Mr. McCLERNAND:-For reference I suppose.
Mr. BURNETT:-No; but to get it in, and put it upon its passage.
The SPEAKER:-The  Chair understood the proposition to be,
that the rules should be suspended, in order that the paper should be
received for reference.
Mr. McCLERNAND:-I withdraw that part of the proposition.
Mr. SICKLES:-If it be received, it is then in the power of the
House to do with it what it pleases.
Mr. GROW:-The understanding was that the motion should be
made for the suspension of the rules only to receive the proposition.
Mr. SICKLES:-That is all right.  When the paper gets in, the
House can do with it what it may deem fit.
Mr. LOVEJOY:-I demand the yeas and nays.
The yeas and nays were ordered.
579 
APPENDIX.
Mr. SHERMAN:-Is it proposed to act on the memorial of the
Peace Congress?
Mr. SICKLES:-If it comes before the House, it will be for us to
say what disposition shall be made of it.  [Cries of"  Call the roll!"]
Mr. CRAIGE, of North Carolina:-This motion is merely for the
suspension of the rules to receive the proposition, and this, therefore,
may be considered a test vote. [Cries of " Call the roll!"]
The question was taken; and it was decided in the negative-yeas
93, nays 67; as follows:
YEAS.-Messrs. Charles F. Adams, Green Adams, Adrain, Aldrich, William C. Anderson, Avery, Barr, Barret, Bocock, Boteler, Brabson, Branch,
Briggs, Bristow, Brown, Burch, Burnett, Campbell, Horace F. Clark, John
B. Clark, John Cochrane, Corwin, James Craig, John G. Davis, De Jarnette,
Dunn, Etheridge, Florence, Foster, Fouke, Garnett, Gilmer, Hale, Hall,
Hamilton, J. Morrison Harris, John T. Harris, Haskin, Hatton, Hoard, Holman, William Howard, Hughes, Jenkins, Junkin, William Kellogg, Killinger,
Kunkel, Larrabee, James M. Leach, Leake, Logan, Maclay, Mallory, Charles D.
Martin, Maynard, McClernand, McKenty, McKnight, McPherson, Millson, Millward, Laban T. Moore, Moorehead, Edward Joy Morris, Nelson, Niblack, Nixon,
Olin, Pendleton, Peyton, Phelps, Porter, Pryor, Quarles, John H. Reynolds,
Rice, Riggs, James C. Robinson, Sickles, Simms, William N. H. Smith,
Spaulding, Stevenson, William Stewart, Stokes, Thomas, Vance, Webster,
Whiteley, Winslow, Woodson, and Wright-93.
NAYs.-Messrs. Alley, Ashley, Bingham, Blair, Brayton, Buffinton, Burlingame, Burnham, Carey, Case, Coburn, Colfax, Conway, Burton Craige,
Dawes, Delano, Duell, Edgerton, Eliot, Ely, Fenton, Ferry, Frank, Gooch,
Graham, Grow, Gurley, Helmick, Hickman, Hindman, William A. Howard,
Hutchins, Irvine, Francis W. Kellogg, Kenyon, Loomis, Lovejoy, McKean,
Morrill, Morse, Palmer, Perry, Potter, Pottle, Christopher Robinson, Royce,
Ruffin, Sedgwick, Sherman, Somes, Spinner, Stanton, Stevens, Tappan,
Tompkins, Train, Yandever, Van Wyck, Wade, Waldron, Walton, Cadwalader C. Washburn, Ellihu B. Washburne, Wells, Wilson, Windom, and Woodruff-67.
So (two thirds not voting in favor thereof) the rules were not
suspended.
During the vote,
Mr. WOODSON said:-I rise for information. What are we
voting on?  [Cries of " Order!"]  I cannot for my life imagine how
this can be regarded as a test vote. I will vote to receive the proposition of the Peace Conference; but on its passage I will vote against it.
The SPEAKER:-The motion is, to suspend the rules for the reception of the memorial.
580 
APPENDIX.
Mr. CRAIGE, of North Carolina:-I understood the gentleman
from Illinois to state that this was a test vote.
The SPEAKER:-The Chair cannot undertake to decide whether
it is a test vote or not.
Mr. JOHN COCHRANE stated that his colleagues, Mr. CLARK B.
COCHRANE and Mr. LEE, were paired.
Mr. CRAIGE, of North Carolina:-I would have no objection,
Mr. Speaker, to permit this resolution to come before the House, but I
understood the gentleman from Illinois to proclaim that this was a test
vote. Utterly opposed to any such wishy-washy settlement of our
national difficulties, I vote "no."
Mr. CURTis stated that he was paired with Mr. ANDERSON, of
Missouri.
Mr. FOSTER:-While I am willing to vote for the reception of
the memorial of the Peace Congress, of which I was a member, still I
am unwilling to be considered as favoring their proposition. Is this
vote a test vote on that proposition?
The SPEAKER:-The Chair does not think that it is; but each
gentleman will decide for himself.
Mr. HALE:-I am willing to receive this memorial in courtesy to
the Peace Conference; and not regarding this as a test vote, I vote
ay,
Mr. LEACE, of Michigan, stated that he had paired with Mr.
ENGLISH, or he would have voted in the negative.
Mr. LEAKE  (when his name was called) said that he regarded
this thing as a miserable abortion, forcibly reminding one of the old
fable of the mountain and the mouse; nevertheless, he was wiling to
let the mouse in, in order to have the pleasure of killing it.
Mr. RUFFIN:-As it is announced that this is a test vote, I am
compelled to vote "no."  Otherwise, I would have been willing to let
the matter be brought before the House for its consideration.
Mr. JENKINS:-Who can make this a test vote?  Certainly no
man in this House. This is a vote to receive the memorial, and
nothing more.
Mr. WILSON stated that Mr. VALLANDIGHAM was paired with Mr.
BEALE.
Mr. JUKIN stated that his colleague, Mr. MONTGOMERY, was detained at home by illness.
Mr. NIXON stated that his colleague, Mr. STRATTON, was detained
at his room by illness, and that if he were present, he would vote to
receive the memorial of the Peace Conference.
581 
AP.-PENDIX.
Mr. ELY stated that his colleague, Mr. LEE, was detained at his
room by indisposition.
Mr. PENDLETON stated that his colleague was detained at his room
by indisposition.
Mr. CAMPBELL stated that his colleague, Mr. ScRANTON, was absent
from the Hall because of illness.
Mr. POTTER  — As this is a test vote, I vote "no."
Mr. BRAYTON  -I understand this to be a test vote, and there fore vote " no."
Mr. HOARD:-These papers are not before us.  They are not
printed, and we cannot be supposed to know any thing of them; and I
would ask, therefore, how they can be regarded as a test vote? I vote
; ay.?
MIr. BOCOCK:-Mr. Speaker, out of deference to the Peace Conference, called as it was by my State, I vote to receive this report.
But unless the report, as it appears in the papers, can be amended, it
cannot receive my approval.
Mr. SHERMAN:-I vote against this, simply because we have no
time to consider it.
Mr. HINDMAN  -I vote against suspending the rules, because I
desire to defeat the proposition of the Peace Conference, believing it to
be unworthy of the vote of any Southern man.
Mr. Cox (not being within the bar when his name was called)
asked leave to vote.
Mr. WASHBURNE, of Illinois, objected.
Mr. GARNETT:-Mr. Speaker, intending and desiring to express
my abhorrence of these insidious propositions, conceived in fraud and
born of cowardice, by giving a direct vote against them, yet from respect for the conference which reported them, I am willing to receive
them, and therefore now vote " ay."
Mr. HARRIS, of Virginia:-I vote " ay," because I am in favor
of the resolutions as a peace measure.
Mr.  MAYNARD:-Believing these propositions eminently wise
and just, I will let my vote stand in the affirmative.
Mr. BURNETT:-I hope the Chair will enforce the rules.
The SPEAKER  -I am trying to, all I can; and I hope gentlemen will keep their seats and preserve order.
Mr. DE JARNETTE:-I vote "ay," with the hope of having an
opportunity to vote against the propositions of the Peace Conference.
Mr. BOTELER:-I vote " ay," to introduce these propositions, 
APPENDIX.
because I believe it to be my duty to do every thing, consistent with
honor, to preserve the peace and save the Union of my country.
Mr. COX:-I desire to ask a question of the Chair.
The SPEAKER:-The Chair will hear you.
Mr. COX:-I desire to know whether or not it will be in order to
move to suspend the rules to enable me to have my vote recorded?
Mr. SPEAKER:-No, sir.
Mr. COX:-I would like very much to have it recorded in favor
of these peace propositions. I vote " ay," if there is no objection.
Mr. HINDMAN:-Consent is not given to the gentleman  from
Ohio to have his vote recorded.
The SPEAKER:-It is not received.
Mr. ROBINSON, of Rhode Island:-Believing that this is a test
vote, I change my vote, and vote " no."
Mr. JOHN  COCHRANE:-I wish to know whether the vote of
my colleague, CLARK B. CocHRANE, is recorded.
The SPEAKER:-It is not.
Mr. JOHN COCHRANE:-I think he has retired from the House
on account of sickness in his family; and I believe he is laboring for
the Union in other quarters.
Mr. MILLSON:-I desire to vote.
Objection was made.
Mr. MILLSON:-I am entitled to vote, having been absent upon
a committee of conference.  I vote " ay."
3. HINDMAN:-Is the gentleman entitled to vote under the
rules of the House?
Mr. BARR:-Objection comes too late.
The SPEAKER:-It has been usual to allow gentlemen to vote
under such circumstances.
Mr. HICKMAN:-Do the rules allow him to vote?
The SPEAKER:-The Chair supposes that is the rule of the
House.
Mr. HIND IAN:-I ask to have the rule read.
Mr. MILLSON:-No rule of the House could take away the right
of a member to vote when he is absent by order of the House. If the
rules deprived a member of the right to vote under such circumstances,
it would be void.
The result was announced as above recorded.
Mr. McCLERNAND:-This vote divides the Republican party,
and sounds its death knell.
583 
Report of the Peace Commissioners to the Legilature of
APPENDIX.
No. V.
REPORTS OF DELEGATES TO STATES.
Virginia.
To is Exczeellency JoiHN LETCHEIER, Governor of VFirginia:
The undersigned Commissioners, in pursuance of the wishes of the General Assembly, expressed in the resolutions of the 19th day of January last,
repaired in due season to the City of Washington. They there found, on the
4th day of February, the day suggested in the overture of Virginia for a
Conference with the other States, Commissioners to meet them from the
following States, viz.: Rhode Island, New Jersey, Delaware, Maryland, New
Hampshire, Vermont,  Connecticut, Pennsylvania,  North Carolina,  Ohio,
Indiana, Illinois, and Kentucky. Subsequently, during the continuance of
the Conference, at different periods, appeared likewise Commissioners from
Tennessee, Massachusetts, Missouri, New York, Maine, Iowa, and Kansas.
So that before the close twenty-one States were represented by Commissioners, appointed either by the Legislatures or Governors of the respective
States.
The undersigned communicated the resolutions of the General Assembly
to this Conference, and, both before its committee appointed to recommend
a plan of adjustment, and the Conference itself, urged the propositions known
as the CRITTENDEN resolutions, with the modification suggested by the General Assembly of Virginia, as the basis of an acceptable adjustment.
They were not adopted by the Conference, but in lieu thereof, after much
discussion, and the consideration of many proposed amendments, the article
with seven sections, intended as an amendment to the Constitution, was
adopted by sections (not under the rules, being voted on as a whole), and by
a vote of the Conference (not taken by States), was directed to be submitted
to Congress, with the request that it should be recommended to the States
for ratification, which was accordingly done by the President of the Conference.
The undersigned regret that the Journal showing the proceedings and
votes in the Conference has not yet been published or furnished them, and
that consequently they are not able to present it with this report. As soon
as received it will be communicated to your Excellency.
In the absence of that record it is deemed appropriate to state that on
the final adoption of the first section, two of the States, Indiana and Missouri,
did not vote, and New York was divided, and that the votes by States was,
584 
APPENDIX.
ayes 9, nays 8-Virginia, by a majority of her Commissioners, voting in the
negative.
The other sections were adopted by ranging majorities (not precisely
recollected), and on the fifth and seventh sections the vote of Virginia was
in the negative. The plan, when submitted to Congress, failed to receive
its recommendation, and as that body, having adjourned, can take no further
cognizance of it, the undersigned feel the contingency has arrived on which
they are required to report, as they herein do, the result of their action.
Respectfully,
JOIHN TYLER,
G. W. SUMMERS,
W. C. RIVES,
JAS. A. SEDDON.
The above report having been read and ordered to be printed, Mr.
SUMMERS stated that the reason it was not signed by Judge BROCKENBROuiGH, the other Virginia Commissioner, was because that gentleman
was not in Richmond.  Mr. SUMMERS presented a communication in
which Judge BROCKENBROUGH stated his views at length on the propositions adopted by the Convention, and it was printed, by vote of the
Legislature, in connection with the report.
After reviewing the different sections of the propositions adopted by
the Peace Conference, Judge BROCKENBROUGH, in his letter, states that
the said propositions, as an entirety, would have received his vote, and
therefore the vote of Virginia, in the Peace Conference, if it had been
submitted to a vote in that form.
Pdeports of the New York Commissioners to the legislature
of that State.
MAJORITY REPORT OF THE COMMISSIONERS TO THE PEACE CONVENTION.
Narck 23d, 1861.
To the Honorable the Legislature of the State of _New York:
The Report of the Commissioners appointed by the Legislature of the
State of New York to meet Commissioners from other States in the City of
Washington on the fourth day of February, 1861, upon the call of the State of
Virginia, by resolutions passed by the General Assembly of that State on the
nineteenth day of January, 1861.
A copy of the Journal of the Convention is submitted herewith, from
which it will be seen that prior to the presence of the Commissioners from
New York, that body had been completely organized, rules of order adopted
which excluded all persons other than members from witnessing its deliberations, forbidding any publication or other communication of its proceedings,
585 
APPENDIX.
and the taking of any entry from its Joumal without leave; in short, requir.
ing all its debates and acts to be kept secret.  A committee had also been
organized of one from each State to be appointed by the Commissioners from
such State, to which the Virginia resolutions were referred, " with all other
propositions for the adjustment of existing differences between the States, with
authority to report what they might deem right, proper, and necessary to
restore harmony and preserve the Union;" And this committee had been in
session two days before your Commissioners were enabled to appoint any one
of their number upon it. This was done on the eighth of February by the
appointment of Mr. Field.
William E. Dodge, one of your Commissioners, took his seat in the Convention on the seventh day of February, 1861, and Messrs. Field, Noyes, Wadsworth, Corning, King, and Wool, on the eighth of February, Mr. Smith on the
eleventh, and Judges James and Bronson on the twelfth day of February, and
Mr. Granger, who was appointed in the place of Judge Gardiner, who declined,
on the eighteenth day of February, 1861.
It was deemed advisable by your Commissioners that the proceedings of
the Convention should be open to the public and the press, and hence they
advised and concurred in resolutions introduced for that purpose, which were
laid on the table on the motion of a Commissioner from the State of New
Jersey.  On a subsequent day they alsoconcurred in a resolution authorizing
the employment of a stenographer, to "preserve accurate notes of the debates
and other proceedings of' the Convention,' which notes should not be communicated to any person, nor shall copies thereof be taken, nor shall the
same be made public until after the final adjournment of this Convention,
except in pursuance of a vote authorizing their publication;" but this was
refused, and the resolution laid on the table on motion of a Commissioner
from the State of Pennsylvania, by a vote of eleven to eight, all the Slave
States represented voting against it, with the addition of the States of
Connecticut, Rhode Island, New Jersey, and Pennsylvania. Before the Convention closed its session, the following states, twenty-one in all, were
represented in the Convention: Delaware, Maryland, Virginia, Kentucky,
Tennessee, North Carolina, Missouri, Connecticut, Rhode Island, New Hampshire, Maine, Massachusetts, New York, Vermont, Illinois, Ohio, Indiana,
Iowa, Pennsylvania, and Kansas. With the concurrence of a majority of your
Commissioners, Mr. Field offered in the committee of one from each State, on
the fourteenth of February, the following proposition:
"Each State has the sole and exclusive right, according to its own judgment, to order and direct its domestic institutions, and to determine for itself
what shall be the relation to each other of all persons residing or being within
its limits;"
but it was rejected by a majority of the committee, and formed no part of its
report.
That committee made its report on the fourteenth of February, unaccompanied by any written observations, in the shape of an amendment to the
Constitution of the United States, in the following words:
586 
APPENDIX.
ARTICLE 1. In all the territory of the United States not embraced within
the limits of the Cherokee Treaty Grant, north of a line from east to west on the
parallel of 36~ 30' north latitude, involuntary servitude, except in punishment
of crime, is prohibited whilst it shall be under a Territorial Govermninent; and
in all the territory south of said line, the status of persons owing service or
labor, as it now exists, shall not be changed by law while such territory shall
be under a Territorial Government; and neither Congress nor the Territorial
Government shall have power to hinder or prevent the taking to said territory
of persons held to labor or involuntary service, within the United States,
according to the laws or usages of the State from which such persons may be
taken, nor to impair the rights arising out of said relations, which shall be
subject to judicial cognizance in the Federal Courts according to the common
law; and when any Territory north or south of said line, within such boundary
as Congress may prescribe, shall contain a population required for a member
of Congress, according to the then Federal ratio of representation, it shall, if
its form of government be republican, be admitted into the Union on an equal
footing with the original States, with or without involuntary service or labor,
as the constitution of such new State may provide.
ART. 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.
ART. 3. Neither the Constitution nor any amendment thereof shall be
construed to give Congress power to regulate, abolish, or control, within any
State or Territory of the United States, the relation established or recognized
by the laws thereof touching persons bound to labor or involuntary service
therein, nor to interfere with or abolish involuntary service in the District of
Columbia without the consent of Maryland, and without the consent of the
owners, or making the owners who do not consent just compensation; nor
the power to interfere with or prohibit representatives and others from bringing with them to the City of Washington, retaining, and taking away persons
so bound to labor; nor the power to interfere with, or abolish involuntary
service in places under the exclusive jurisdiction of the United States, within
those States and Territories where the same is established or recognized; nor
the power to prohibit the removal or transportation by land, sea, or river, of
persons held to labor or involuntary service in any State or Territory of the
United States to any other State or Territory thereof where it is established
or recognized by law or usage; and the right during transportation of touching at ports, shores, and landings, and of landing in case of distress, shall exists,
nor shall Congress have power to authorize any higher rate of taxation on
persons bound to labor than on land.
ART. 4. The third paragraph of the second section of the fourth article of
the Constitution, shall not be construed to prevent any of the States, by
appropriate legislation, and through the action of their judicial and ministerial
officers, from enforcing the delivery of fugitives from labor to the person to
whom such service or labor is due.
ART. 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.
ART. 6. The first, third, and fifth articles, together with this article of these
amendments, and the third paragraph of the second section of the first article
of the Constitution, and the third paragraph of the second section of the
fourth article thereof, shall not be amended or abolished without the consent
of all the States.
ART. 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
587 
APPENDIX.
marshal or other officers, whose duty it was to arrest such fugitive, was
prevented from so doing by violence or intimidation from mobs and riotous
assemblies, or when after such 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. Field, the member of the committee from New York, dissented from
this report, as also did Mr. Baldwin, of Connecticut, and Mr. Crowninshield,
of Massachusetts, and Mr. Seddon, of Virginia.
This report was under discussion, and various amendments were proposed
to it until the twenty-seventh day of February, a majority of your Commissioners steadily opposing all its provisions except that prohibiting the
foreign slave-trade, and most of such majority being opposed to the submission, by the Convention, of any amendment of the Constitution of the
United States at the present time, and in the present excited state of the
public mind. During the consideration of the report various independent
propositions were made by the consent, and with the concurrence of your
Commissioners; among which was one by M]r. Baldwin, of Connecticut,
presented on the fifteenth of February, in the form of a minority report from
the committee upon the plan of adjustment, which concluded with a resolution,
"That the Convention recommend  to the several States to unite with
Kentucky in her application to Congress to call a Convention for proposing
amendments to the Constitution of the United States, to be submitted to the
Legislatures of the several States or to Conventions therein, for ratification,
as the one or other mode of ratification may be proposed by Congress;" and
this proposition, after being discussed at length, was lost on the twenty-sixth
of February, by a vote of thirteen States against to nine in its favor, a majority of your Commissioners casting the vote of New York in favor of it.
A proposition somewhat similar, embracing an address to the people of
the United States, and containing a resolution for calling the Convention, was
also submitted to the Convention, with the like concurrence of a majority of
your Commissioners, by Mr. Tuck of New Hampshire, on the eighteenth of
February, and on the twenty-sixth was also defeated by a vote of eleven
States against nine.
It will be seen, therefore, that your Commissioners, with those from several other States, offered to unite in a call for a Convention, to be convened in
pursuance of the Constitution of the United States; and that the slave States
uniting with several of the free States, uniformly opposed, and at last
defeated it.
On the twenty-third of February Mlr. Vandever, of Iowa, offered the
following resolution:
" Resolved, That whatever may be the ultimate determination upon the
amendment to the Federal Constitution, or other propositions for the adjustment approved by this Convention, we, the members, recommend our respective States and constituencies to faithfully abide in the Union."
A motion to lay it upon the table prevailed by a vote of eleven to nine, a
majority of your Commissioners voting in the negative.
588 
APPENDIX.
On the twentieth of February, Mr. Field, one of your Commissioners, at
the instance of a majority of them, offered, as an amendment to the Constitution to be adopted by the Convention, and proposed with any other amendments, that it should recommend the following:
"The Union of the States, under this Constitution, is indissoluble; and no
State can secede from the Union, or nullify an act of Congress, or absolve its
citizens from their paramount obligation of obedience to the Constitution and
laws of the United States."
On the twenty-sixth of February, after several ineffectual attempts to get
rid of the proposition, on points of order, it was negatived by a vote of eleven
States against ten, a majority of your Commissioners casting the vote of New
York in its favor.
Mr. Wilmot, of Pennsylvania, moved the following as an amendment to
the seventh article, on the twenty-first of February. 
" And Congress shall further provide by law, that the United States shall
make full compensation to a citizen of any State, who, in any other State,
shall suffer by reason of violence or intimidation from mobs or riotous assemblies in his person or property, or in the deprivation by violence of his rights
secured by this Constitution."
A motion was made to insert the word "white" before" citizen," but it
failed by a vote of eleven to ten; and on the twenty-fifth of February the
entire amendment was defeated by a vote of eleven to eight; your Commissioners, by a majority, casting the vote of New York in its favor.
Several other propositions upon other subjects were also submitted to the
Convention, as will appear by the Journal; but it is not deemed necessary to
refer to them more particularly, except, that on the eighteenth of February,
Mr. Reid, of North Carolina, proposed to amend the first section of the committee's report by inserting after the word " line" in the seventh line thereof,
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, when
removed to such territory, shall be protected," and which was lost by a vote
of seventeen States against to three for it. On the twenty-sixth of February,
he also roved to insert in the same section, after the words " common law,"
the words, "and such rights shall be protected by all departments of the
Territorial Government during its continuance," which the President ruled
out of order, as the section had been previously gone through in detail, and
was only before the Convention on its final passage.
The Report of the Committee on a plan of adjustment, already mentioned,
came up for consideration on its final passage, after many amendments had
been made to it, as will appear by the Journal, on the twenty-sixth of
February, in the following form, and was ultimately thus adopted, by the
votes stated at the end of each section:
ARTICLE XIII.
SEcTION I. In all the present territory of the United States north of the
parallel of 36~ 30' of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line,
589 
APPENDIX.
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 Terri
torial Legislature to hinder or prevent the taking of such persons from any
of the States of this Union to said Territory, nor to impair the rights arising
from said relation; but the same shall be subject to judicial cognizance in
the Federal Courts according to the course of the common law.
When any Territory north or south of said line, within such boundary as
Congress may prescribe, shall contain a population equal to that required for
a member of Congress, it shall, if its form of government be republican, be
admitted into the Union on an equal footing with the original States, with
or without involuntary servitude, as the constitution of such State may
provide.
YEAS.-Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania,
Rhode Island, and Tennessee-9.
NAYs.-Connecticut, Iowa, Maine, Massachusetts, North Carolina, New lHampshire,
Vermont, and Virginia-8.
DIVIDED.-New York and Kansas-2.
NOT VOTING.-Indiana.
SEc. II. No territory shall be acquired by the United States except by discovery, and for naval and commercial stations, depots, and transit routes,
without the concurrence of a majority of all the Senators from States which
allow involuntary servitude, and a majority of all the Senators from States
which prohibit that relation; nor shall territory be acquired by treaty, unless
.the votes of a majority of the Senators from each class of States hereinbefore
mentioned be cast as a part of the two-thirds majority necessary for the
ratification of such treaty.
YEAS.-Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-11.
NAys.-Connecticut, Illinois, Iowa, Maine, Massachusetts, North Carolina, New
Hlampshire, and Vermont-8.
DIVIDED.-New York and Kansas-2.
SEc. III. Neither thle Constitution nor any amendment thereof shall be
construed to give Congress power to regulate, abolish, or control, within any
State, the relation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to interfere with or
abolish involuntary service in the District of Columbia without the consent
of Maryland, nor without the consent of the owners, or making tle owners
who do not consent just compensation; nor the power to interfere with or
prohibit representatives and others from bringing with them to the District
of Columbia, retaining, and taking away, persons so held to labor or service;
nor the power to interfere with, or abolish involuntary service in places under
the exclusive jurisdiction of the United States, within those States and Territories where the same is established or recognized; nor the power to prohibit
the removal or transportation of persons held to labor or involuntary service
in any State or Territory of the United States to any other State or Territory
thereof where it is established or recognized by law or usage, and the right
during transportation, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; but not the right of
transit in, or through any State or Territory, or of sale or traffic against the
laws thereof; nor shall Congress have power to authorize any higher rate
of taxation on persons held to labor or service than on land. The bringing
into the District of Columbia of persons held to labor or service for sale, or
placing them in depots to be afterwards transferred to other places as merchandise, is prohibited.
590 
APPENDIX.
YEAS.-Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, North Caro lie, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-12.
NAYs.-Connecticut, Indiana, Iowa, Maine, Massachusetts, New Hampshire, and
Vermont-7.
DIVIDED.-New York and Kansas-2.
SEc. IV. The third paragraph of the second section of the fourth article
of the Constitution shall not be construed to prevent any of the States, by
appropriate legislation, and through the action of their judicial and ministerial
officers, from enforcing the delivery of fugitives from labor to the person to
whom such labor or service is due.
YEAS.-Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New
Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and
Virginia-1 5.
NAYS.-Iowa, Maine, Massachusetts, and New Hampshire-4.
DIVIDED.-New York and Kansas-2.
SEac. V. The foreign slave-trade is hereby forever prohibited; and it
shall be the duty of Congress to pass laws to prevent the importation of
slaves, coolies, or persons held to service or labor, into the United States and
the Territories, from places beyond the limits thereof.
YEAs.-Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New
Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Kansas-16.
NAYS.-Iowa, Maine, Massachusetts, North Carolina, and Virginia-5.
SEc. VI. The first, third, and fifth sections, together with this section of
these amendments, and the third paragraph of the second section of the
first article of the Constitution, and the third paragraph of the second section
of the fourth article thereof, shall not be amended or abolished without the
consent of all the States.
YEAs.-Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee-11.
NAYS.-Connecticut, Indiana, Iowa, Maine, Massachusetts, North Carolina, New
Hampshire, Vermont, and Virginia-9.
DIVIDED.-New York.
SEc. VII. 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
assemblies, 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.
YEAS.-Delaware, Illinois, Indiana, Kentucky, Maryland, New Jersey, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-12.
NAYS.-Connecticut, Iowa, Maine, North Carolina, Missouri, and Vermont-7.
DIVIDED.-New York.
NoT VOTING.-Massachusetts.
When the question was first taken on the first section, it was lost by a
vote of eleven States against it to eight in its favor, a majority of your Commissioners casting the vote of New York against it. A motion was immediately made to reconsider, which was advocated by Mr. Granger, one of the
Commissioners from New York, and was carried by a vote of fourteen States
591 
APPENDIX.
for, to five against it-a majority of the Commissioners from New York again
casting its vote in the negative, and the Convention adjourned. On the net
day it again came up on its final passage, and was then carried by a vote of
nine States for, to eight against it-the vote of New York not being given.
Why it was not given is left by the Commissioners to be stated by Mr. Field,
on his own responsibility. (See note, p. 596.)
The vote of New York was not given upon any of the sections except the
fifth, for the reason already stated; but upon that section we all voted Aye,
as all her Commissioners then present were in its favor.
After the several votes had been taken, it was objected that the whole
article should be put to a vote upon the question of its final adoption before it could be regarded as properly passed, but the President of the Convention decided that this was not necessary, and no such vote was taken.
At the close of the discussion on this subject your Commissioners were prepared to east the vote against the entire article, if any question had been
taken upon it as a whole, as a majority of your Commissioners think it
should have been.
Soon after the adoption of these proposed amendments to the Constitu
tion, and after voting down and laying on the table various propositions
made by a minority in the interest of freedom and the free States, the Con.
vention adjourned-having adopted an address to Congress requesting that
body to submit the amendment, to Conventions of the several States, for
ratification, according to the Constitution of the United States; and they
were accordingly communicated to Congress on the same day. In the
Senate, they were referred to a committee, and were recommended for adoption by a majority of that committee; but Messrs. Seward and Trumbull, a
minority of the committee, reported against the amendments, and in favor of
a National Convention; thus following out and approving the proposition
which had been made in the Convention by your Commissioners, and the
entire minority of that party, nearly three weeks before, and for which the
majority which controlled it, if it had chosen to do so, could at any time
have obtained an unanimous vote. The amendment of the Convention,
however, failed to secure the approval of either branch of Congress.
The labors of your Commissioners having thus terminated, it is due to
those whom they represented, and to themselves, that the majority should
state briefly the reasons why the proposed amendments to the Constitution
did not meet their approbation.
First.-In their judgment, no amendment of that sacred instrument in the
interest, and for the purpose of the extension and perpetuation of the slave
power-an interest which has wielded the whole political power of the
United States during almost the entire existence of the Government-was
either expedient or necessary. They preferred it should remain and continue
just as it came from the hands of our revolutionary fathers; a Constitution
establishing freedom and not slavery.
Second.-The Convention would scarcely listen to, much less adopt, any
amendment in the interest of freedom or of free labor, or of the rights of
592 
APPENDIX.
citizens of the free States; the only one of that character-that in relation to
securing to the citizens of each State the privileges and immunities of citizens
of the several States-having been voted down as a direct proposition when
offered by Mr. Wilmot, and only adopted in an indirect way at the end of the
section requiring payment to be made by Congress for rescued slaves. In
like manner the absolute right of secession in every State as inherent under
the Constitution of the United States was claimed to exist by members of the
Convention from the slave States, accompanied by a denial of any right in
the General'Government to coerce obedience to it, or to enforce the laws for
the collection of revenue. And although all the delegates from the slavo
States did not take this ground, yet in several instances a majority of the
delegates from several of them did so, and the States themselves generally
voted against all propositions to the contrary. The article proposed by your
Commissioners denying the right of nullification and secession was defeated
in accordance with these views; so that in effect slave States, and such of the
free States as voted with them, would not consent so to amend the Constitu tion as to deny the right of nullification and secession, even if all the guaran tees demanded by the slave interest were accorded to it. In addition, many
of the delegates from the slave States declared that it was the fixed determi nation of those States to stand by the States that had seceded from the
Union, and to aid them in resisting it, even if such guarantees were given;
and that they would resist any attempts to coerce them, or to enforce the
revenue, or any other laws within their limits, without their consent. In
other words, they claimed a right to remain in the Union under the Con stitution, with its new guarantees of slavery, and yet to obstruct the opera tions of the Govermnent, to prevent the execution of the laws, and to aid
those who were in open rebellion against, and had made war upon it. Under
these circumstances your Commissioners did not deem it consistent with
justice, or the respect due to their own State, to give their assent to any
of the proposed amendments, except that prohibiting the slave-trade-and
even that, in their opinion, was unnecessary, as no enlightened legislative
body would dare to propose to reestablish that infamous traffic.
Third.-By the first section of the proposed amendments, slavery is
constitutionally established in all of the territory south of the line of 36~ 30',
and all control over it by Congress or the territorial legislatures is absolutely taken away during its territorial condition. In effect, there is to be no
law for slavery, its permanency and existence being provided for, except the
will of the master and the present odious slave code of New Mexico.  These
are fastened upon every inch of the soil of that immense region, beyond even
the power of the people to remove them, however much they may desire to
do so, prior to the formation of a State government. Slavery must therefore be the normal condition of the territory, while the State is in the process
of formation and organization; and the' inevitable result must be, that free
labor and free institutions will be excluded, and no free State formed within
its limits.  As the territory was free'from the blight of slavery when acquired,,
38
693 
APPENDIX.
your Commissioners could not assent to its being changed into slave soil by
an amendment to the Constitution of the United States.
Fourth.-The second section of the proposed amendments gives to the
slave States an absolute negative upon the acquisition of free territory in
every possible mode by which it can be acquired; and in giving reciprocally
the same right to free States as to acquiring slave territory, also fetters the
operations of the General Government both in peace and war, depriving
it to some extent of the exercise of perfect sovereignty, and at the same time
sanctioning, and perpetuating in the organic law, an odious discrimination in
favor of an institution peculiar to the slave States, and at variance with the
humane principles of the age. The free States do not need any such veto
power in their favor, and the slave States would not demand it except to
maintain and preserve for slavery a balance of power hitherto claimed, and
to some extent exercised by them, for which they secure by this amendment
a constitutional perpetuation. No well-founded objection seems to exist in
regard to the acquisition of free territory, unless it be that it is obtained in
order to convert it into slave soil; and your Commissioners could not consent
to give to a single interest, that of slavery, a negative upon such acquisitions.
They have always regarded slavery as a local institution, depending solely upon
the laws of the States in which it was permitted for its existence; and they
did not deem it expedient or just to recognize it as, or elevate it to, the rank
of a positive governmental power, by clothing it with the right to interrupt
one of the ordinary and most essential functions of the Government. Slavery,
except as a limited basis of representation, has now no political power or
authority under the Constitution; the wise and good men who framed that
instrument cautiously withheld it in all other respects; and your Commissioners find in the history of the aggressions of the slave interest, only
additional reasons for confining it within its original limits.
Fifth.-To so much of the third article as declares that the Constitution
nor any amendment of it, shall be so construed as to give Congress the power
to regulate, abolish, or control slavery within any State, there was no obje.
tion, as it has never been seriously claimed that any such power was given;
but this provision is connected with so many objectionable, not to say odious
ones, that your Commissioners felt themselves bound to vote against it.
These surrender all the power of Congress over the District of Columbia, and
over other places within its exclusive jurisdiction, in respect of slavery and
its ultimate extinction, however much the people of the United States in the
progress of civilization and humanity may desire it; and by the sixth section
this provision is made unalterable without the consent of all the States.
The influences produced by the existence of slavery at the National Capital,
upon public men and public measures, are well known; and while they may
be tolerated, as they have been, without any desire to exercise the power of
eradicating the cause of the evil, still a sound policy requires that the power
should not be abandoned. Connected with this surrender of a well-defined
and necessary power, are other provisions in regard to the transit of slaves
through the free States; in effect, permitting the carrying on of the internal
594 
APPENDIX.
slave-trade through these States, unless they pass laws forbidding it. This
trade through the free States is not made dependent upon the consent of the
States, but is made lawful without dissent; and the result is, that if this
amendment shall be adopted, every free State will find it necessary to legislate for its exclusion, or to permit and regulate the transit by its own laws.
These laws would be deemed odious by the slave States, and would produce
dissatisfaction and irritation. Besides, in most of the free States, the normal
legal condition of every person is that of freedom; this constitutional provision would at once change the local law of the State, and operate as a positive
recognition of slavery in the absence of any new enactment. Thus, every
free State would find itself compelled to adopt a slave code, more or less
extensive in its character, regulating or excluding the inter-state slavetrade. Taking this in connection with the fourth section, authorizing the
States to legislate upon the subject of fugitive slaves, and by their judicial and
ministerial officers to enforce their delivery, contrary to the decision of the
Supreme Court of the United States, which declares all such interference on
the part of the States unconstitutional, it is apparent that the legislatures of
all the free States would be beset by hordes of persons in the interest of the
slave power for the passage of laws protecting slavery within their limits.
No means, however impure, would be omitted to obtain them; and it is easy
to see that a slave code upon the subject of transit of fugitives, more or less
stringent in its character, would soon find its way into every statute book.
When the States now free abolished slavery within their own limits, they
intended to get rid of the evil entirely, not only in practice but as a necessity
of legislation; these provisions compel a return to it, and involve the adoption of new laws for its regulation or exclusion.
Seventh.-The sixth section makes most of the amendments which give a
constitutional protection to slavery, unalterable without the consent of all the
States. It also includes the second section of the fourth article, which provides that "representatives and direct taxes shall be apportioned among the
several States according to their respective members," including three-fifths
of all slaves, &c.; and that portion of the fourth article which requires the
delivering up of fugitive slaves. Thus, a preference is given to the slave
interest over every other; these may all be affected by a constitutional
amendment, ratified or adopted by three-fourths of the States; but the slave
clauses are to remain, except by universal consent, fixed and immovable. No
such protection is given to freedom; none to the property of free men, unless
it be what is called property in slaves; none to the freedom of the press; none
to the religion of the citizen, or to the rights of conscience. These rights,
more sacred than any other, are deemed of less importance, and are secured
by less guarantees than the right to hold a fellow man in bondage and to
traffic in his flesh. Moreover, the three-fifth representation of slaves, and
only the same rate of direct taxation, are perpetual by the same rigid provision. This not only gives to the slave States a representation of three-fifths
of their slave property, but it secures to them an exemption from taxation on
the same property to the extent of two-fifths. But no property whatever, 
APPENDIX.
in the free States constitutes a basis of representation, and all of it is liable to,
and may be taxed. Unequal and unjust as was this discrimination in favor
of the slave States, still as it formed a part of the original Constitution, it
should be maintained; but when it is sought to extend it to new States, and
to make it unchangeable without the consent of all the States, the attempt
should be resisted by every freeman. There are other property interests
more important than that of slavery, but none of them have been so arrogant
as to claim such exclusive privileges and perpetuation.
Finally.-Other objections of a grave character might be stated, but it
is not deemed necessary. The great purpose of the Convention was to amend
the Constitution of the United States, so as to recognize and protect slaves
as property. As a direct proposition this was negatived, but the same end
was sought to be attained by indirect means, and its friends exulted in having
accomplished it. Such is the obvious effect of these amendments. If adopted,
slaves must everywhere in the Union be regarded as property, and entitled
to the same legal protection as other property. The necessary result will be,
that all State laws forbidding the bringing of slaves within their limits, will be
void, the sovereignty of the States in that respect will be destroyed, and the
National Constitution will recognize and protect property in man.
We do not believe that the people of the State of New York will, under
any pressure of circumstances, however grave, recognize a claim so repugnant
to humanity, so hostile to freedom.
We commend to your honorable body the careful consideration of these
propsed constitutional amendments. We believe that they will, if adopted,
engraft upon our Constitution the odious doctrine of property in man; that
they will extend slavery over a vast domain once free; that they will change
the whole spirit and character of our organic law, making that to protect and
foster slavery which was intended to establish freedom; making that irrevocable and perpetual which the framers of the instrument intended should be
temporary.
DAVID DUDLEY FIELD,
WM. CURTIS NOYES,
JOHN A. KING,
JAMES S. WADSWORTH,
A. B. JAMES,
JAMES C. SMITH.
NOTE OF MR. FIELD.
THE following statement shows why the vote of New York was not given
upon the first question taken in the Peace Convention, on the twenty-seventh
of February., The Journal represents the vote as divided. It was not
divided.  The vote was ordered to be cast, and should have been east in the
negative.
On Tuesday, the day precedinag, a message came to me from the clerk of
596 
APPENDIX. 
the Supreme Court of the United States, that the Court was waiting for me
in a case which had stood upon the docket since December, 1859, and was
now for the first time reached in its order. The case was of great importance,
for upon its result depended the closing or reopening of a litigation which I
had conducted for nineteen years, which had embraced in its different fol-ms
more than eighty suits, and in the course of which the Courts of the State
and of the United States had come into direct conflict. All the tribunals of
the State of New York, where the question had been raised, had decided
against my clients. The Supreme Court of the United States, by a majority
of two, had once decided in their favor.
The present case was to determine whether the Court would adhere to its
former decision. The stake of my clients was therefore immense, and I was
their only counseL
The case being called after my arrival in Court, the Chief Justice observed
that, as it was too late to begin that day, the argument would proceed first
the next morning, at eleven o'clock, unless the Attorney-General should claim
precedence in another case. Then, thinking that the Convention would close
its business during the day, I hastened back, and the question being soon
taken, I cast the vote of the State against the proposition before the Con vention, and it was rejected by 11 to 8.
A reconsideration was moved and carried, and an adjournment taken to
half-past seven in the evening. At that hour I returned to the Convention,
but to my disappointment, and in spite of my efforts, it adjourned to the
next morning at ten o'clock, a majority of my associates voting for the ad journment.
The next morning I endeavored to procure a meeting of the delegation
before ten o'clock, that I might obtain a formal instruction to the Chairman
in my absence to east a vote of the State against the proposed amendments.
Not being able, however, to obtain the earlier attendance of all the members,
I waited till they appeared in the hall of the Convention, and there, shortly
before eleven o'clock, I called them together, and, all being present, a resolution, in contemplation of my absence, was moved and carried, that "the
Chairman declare that New York voted No on each section."  Thereupon
requesting Mr. King to act as temporary Chairman in my absence, and when
New York was called to cast the vote in the negative, pursuant to the resolution, I left the hall and drove to the Capitol as rapidly as possible, that I
might be present at the opening of the Court.
Was it reasonable, nay, was it possible, that I should do otherwise? It
is known to be a rule of the Supreme Court not to postpone an argument for
other engagements of counsel. If neither counsel is present, the case goes to
the foot of the docket, to be reached again only after two or three years; if
one of the counsel only appears, he makes an oral argument, and a printed
brief is submitted on the other side. In my view, it would have been trifling
with the rights of my clients either to submit their case on a printed brief or
to postpone it for two years. I had no one to send to the Court in my place.
To despatch a letter with an excuse was a liberty I did not feel justified in
taking, and if taken, it might fail of its object, as the Court, when informed
of the circumstances, must have believed that no member of the delegation
would take advantage of my absence if he could, and that he could not if he
would, since the vote had been already determined in a meeting of the delegation, and that determination could not be reconsidered or changed without
the desertion to the minority of one of themajority.
But whatever might be the opinion of others, my duty appeared to myself
extremely plain.  There was nothing to be done in the Convention but the
merely ministerial duty of declaring what had already been determined, which
597 
APPENDIX.
duty could certainly be performed by another as well as myself, while, on the
other hand, no one but myself could act in Court for my clients. It is true
that some of my associates expressed to me their apprehension that the
minority might appeal to the Convention, and that the Convention might
arbitrarily overrule the delegation; but I answered them as I repeat now,
that neither the minority of the delegation nor the Convention itself had any
right to interpose.   We were not asking a favor, but exercising a right.
Whether a person not present could vote was not the question. Persons did
not vote except on unimportant questions and by general consent. States
voted; the vote of each State was delivered by its Chairman, who collected
the voices of his delegation and announced the result. There was nothing in
the reason of the thing, nothing in any rule or usage of the Convention,
which required the voices of the delegation to be collected at the instant of
announcing the result. They might be collected one minute beforehand, or,
as in the present instance, ten minutes, or twice ten minutes. All that could
be required was, that each member should give his own judgment upon the
particular proposition, and the sum of these judgments it was the sole province
of the Chairman to make known. There could be no occasion for their
standing by his side while he performed this duty unless he needed their
support or they feared his weakness.
I have said that there was no rule of the Convention which ordered
the matter otherwise; on the contrary, the rule as to the mode of votingthe 18th-was as follows:
"18. MODE OF VOTING: All votes shall be taken by States, and each State to give
one vote.  The yeas and nays of the members shall not be taken, or published-only
the decision by States."
On the twenty-first of February, Mr. Dent, of Maryland, moved 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 the 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."
Mr. Chase's substitute was rejected, and Mr. Dent's rule adopted,
The usage of the Convention may be understood by a single example.
The Maine delegation consisted of her two Senators and six members of the
House of Representatives. One member only attended for the greater part
of the Convention, and cast the vote of the State. Indeed it was a frequent
practice for members to absent themselves and leave their associates to act
for them.
The State of NewYork had, moreover, decided for herself in what manner
her Commissioners should speak for her, by declaring in the joint resolution
of the Senate and Assembly that they should cast their "votes to be determined by a majority of their number," not the majority of those who should
happen to be present at a particular instant on the floor of the Convention,
but a majority of the whole number. Suppose, upon a question being put,
the delegation had met for consultation, and by a formal resolution determined that the vote of the State be No; then, instructing their Chairman
to cast the vote accordingly, had separated, and all but the Chairman retired
from the hall, could he thereupon have changed the vote to Aye, because he
disagreed with the majority and alone remained on the floor? Or could the
598 
APPENDIX.
Convention have refused this vote of the State? And if not, how is that
question different from the one here?
It was, therefore, I must think with good reason, assumed by me when I
left the hall, that if the question should be put in my absence, which by the
way I considered uncertain, as the debate then going on might last for hours,
and I hoped still to find some means of deferring my argument to the next
day, I might certainly depend on the vote of New York being declared
again as it had been declared before, never doubting for a moment the ability
and the will of my associates to defend against all opposition the rights of the
State, their own rights, and mine.
On my arrival at the Court I did not succeed in my desire to defer my
argument to the next day; but had I done so, it would have made no difference, as the vote in the Convention must have been called before I reached
the Capitol.
What occurred in my absence I can only know from report. Five different statements are given: one by Mr. King in a published letter, another by
the secretary of the delegation in the minutes kept by him, the third by the
chairman of the Massachusetts delegation, who had the best opportunity to
observe what was passing, the fourth by the secretary in a correspondence
with me, and the fifth in the published Journal of the Convention.
Mr. King's statement of what occurred in my absence is as follows:
"The vote on the amendment soon followed, and before New York was called I
asked my colleagues what vote should be given, and the reply was that in the absence
of Mr. Field the vote was divided. Nevertheless, I stated the case to the Convention,
and asked permission to cast the vote as before.  This was objected to by one of the
Commissioners of the minority, and permission having been refused by the Convention,
by direction of my colleagues when the State was called I answered that the vote was
divided."
The other statements are subjoined, and numbered, 1, 2, 3, 4, and 5.
From a comparison of these statements it appears.
First: That the direction given to Mr. King, when the whole delegation
were together, regularly convened, in contemplation of my absence, was to
"declare that New York voted No."
Second: That instead of confining hil-.-elf to that duty, he began immedietely upon my departure, and before the vote was demanded, to ask anew,
" what vote should be given? " and when the vote was demanded, instead of
voting No, "stated the case to the Convention, and asked permission to cast
the vote as before."
Third: That Mr. King's colleagues, though they had just resolved, in
expectation of my absence, that he should "declare'that New York voted
No," yet "before New York was called," and of course before any intimation from the Convention or its President, in answer to his question, "What
vote shall be given? " replied, " that in Mr. Field's absence, the vote was
divided," and directed him so to declare.
Fourth: That the Convention never "decided that no person could vote
who was not present." Whatever was done, was done between the delegation and Mr. Tyler. No order was taken by the Convention, but, on the
contrary, the objection on the part of the minority of the delegation was
that "the Convention had no control or authority in the matter."
What caused this departure from the course of proceedings prescribed by
the resolution does not clearly appear. The delegation did not rescind the
resolution; the Convention did not reverse it. I do not understand that my
associates consider it a nullity-certainly they could not have so considered it
when it was passed.  I have not sufficient evidence that they changed their
minds within ten minutes, or that they have changed them yet. That the
599 
APPENDIX,
resolution was not a nullity, but an authoritative act, binding upon every
member of the delegation, until duly reconsidered, I believed then, and
believe still.
I submit, therefore, that my reason for attending court, at its opening,
was not only sufficient but imperative; and if I had not yielded to it, I should
have incurred the reproach of my clients, and the censure of all right-thinking men; that before I left the Convention, I did not only all that could have
been done, but all that was necessary, to make the vote of New York certain
against the proposed amendments of the Constitution; and that the omission
to record the vote of New York as it was ordered, was owing not to any act
or omission of mine, but to the efforts of the minority of the delegation, or
some of them, to prevent an expression of the opinion of the majority, and
to the failure of my associates of the majority to execute in my absence what
had been resolved when I was present.
It is certainly with regret that I write this note.  My preference was for
a statement in which we all could join, but my associates refused to enter
into any joint relation of the facts.
I hope, also, it will not be inferred from any thing I have written, that I
do not regret the omission to record New York as voting against what appeared to me an unwise and pernicious proposition. Though the importance
of the vote has been greatly magnified, and the result in my opinion would
not have been different if the vote of New York had been counted, as I
believe some of the States not voting would, if necessary, have voted in the
affirmative; and even if it had been otherwise, I think the action of the
Convention was of no importance whatever; yet, I should wish this State,
of which we are so proud, to appear always, even in a matter of ceremony,
on the side of Freedom; ever loyal to the Constitution as it is, but against
placing there a guaranty to slavery beyond the guarantees of our fathers.
DAVID DUDLEY FIELD.
NEW YORK, March 20th, 1861.
I.-Extract from  th e Minutes of the New  York Delegation, kept by their Secretary.
"WEDNESDAY, February 27thk, 1861.
"New York delegation met in the room, and Mr. Wadsworth moved that the New
York delegation vote No on each of the sections of the committee's report. Messrs.
Corning, Bronson, Granger, Wool, and Dodge opposed, urging that the vote of New
York be given on each section as it was called.  The majority overruled, and decided
to have the Chairman declare that New York voted No on each section.
"The question on the first section being called, Mr. King stated that one of the
members of the delegation being called away to the United States Court, the delegation had taken a vote before he left, and he appealed to the justice of the Convention
to have it so cast, stating that the vote of the delegation had been so cast on the previous day.
"The Convention decided that no person could vote who was not present.
"The delegation was divided."
II.-Letter from the Chairman of the Xassaehusetts Delegation.
"WASHINGTON,  Zarch 8th, 1861.
"MY DEAR SIR:-Your favor of the 6th instant is before me.  After alluding to
the fact that'my seat in the Peace Convention was at the table directly under the
President's chair, between him and the New York delegation,' you desire me to inform
you what took place on the occasion of the vote of -ew York being called on the
morning of the 27th February. What I observed was this:
"When the vote of New York was called for, Governor King rose and stated in
600 
APPENDIX.
substance that you had a short time before left the Convention to argue a case in the
Supreme Court, which had been assigned for that morning, and asked the permission
of the Convention to give the vote of the State in your absence, the same as though
you were present. To this one of the Commissioners, Mr. Corning I think it was, objected, saying that the vote of New York was to be given as her Commissioners who
were present should decide, and that the Convention had no control or authority in
the matter. Some conversation was then had between the Commissioners who favored
and those who opposed the pending proposition, which I did not hear with sufficient
distinctness to understand, and in a minute or two Governor King announced that the
vote of New York was divided.
"This is the substance of what occurred, so far as I observed it.
"With great respect, your friend,
"J. Z. GOODRICH.
"To DAVID DUDLEY FIELD, Esq., New York."
III.-Letter to the Secretary of the Convention.
"NEW YORK, Marck 4th, 1861.
"DEAR SIR:-Was any resolution passed by the Convention on Wednesday, the
27th of February, respecting the right of New York to vote, or affecting the vote of
that State in the absence of any of her Commissioners?  On one side I am told that
there was such a resolution passed, or vote taken, in my absence; on the other side,
I am told that there was not. If one was passed, will you do me the favor to give me a
copy of it, and oblige
Yours truly, "DAVID DUDLEY FIELD.
"DAVID DUDLEY FIELD.
CRAFT. WRIT, Esq.,  c  &c
"4CRAFTS J. WRIGHT, Esq., &c., &c."
IV.-The Secretary's Answer.
No 135, WILLARD'S, WASHINGTON, Marck Sth, 1861.
"DEAR SIR:-I have your letter.  When  New York was called, the inquiry was
made whether an absent member could vote, stating that one member of that delega tion was absent.   The President stated that an absent member could not vote.  New
York was stated divided, and did not vote.
"Respectfully, &c.,
"CRAFTS J. WRIGHT."
V.-Extract from, the Journal of the Convention.
"February 27th, 1861.
"The question on the adoption of said section resulted in the following vote:
"YEAS.-Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania,
Rhode Island, and Tennessee-9.
"NAYs.-Connecticut, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia-8.
"So the section was adopted.
"On calling New York, the members stated that one of their number was absent,
and the delegation were divided. Inquiry was made of the President whether an
absent member could vote. The President decided he could not, without general
leave.
"New York, Indiana, and Kansas were divided."
To the Legialature of te State of New York:
The undersigned beg leave to submit a reply to the statement of Mr. D. D.
Field, to the report of the majority of the Commissioners to the Conference
Convention at Washington, respecting his absence on the final vote in that
body, on the proposed amendments to the Constitution of the United States.
601
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APPENDIX.
The fact of his absence is admitted by Mr. Field, and attempted to be defended at great length, but Mr. Field has omitted to state that, by the 14th
Rule of the Convention, " no member should be absent from the Convention,
so as to interrupt the representation of the State, without leave."  Mr. Field
neither asked nor obtained leave of absence, and hence, under the rule, he
failed to discharge his duty, both to the Convention and his colleagues. Mr.
Field does not state that he made any application to the court for a temporary postponement of his case, in view of the important vote then about to be
taken in Convention. But, on the contrary, argues to show that his duty
to his client was paramount to his duty as Commissioner of the State of
New York, in a question involving constitutional principles. After Mr. Field
had stated, in the presence of his colleagues in the Convention, that he was
obliged to go immediately to the Supreme Court of the United States, he was
urged by those who agreed with him in opinion, to remain, and give the
vote of the State against the proposed amendments, and was repeatedly told
that his absence would divide the vote; this was so stated to him, by the
minority of the Commissioners, and that it would be so claimed by them before the Convention. He refused to remain, and with the full knowledge of
the effect of his absence on the question about to be taken, he left the Convention, and thus defeated the vote of his State. We who remained in our
places, felt deeply the embarrassment, and the remarks which were made in
consequence of Mr. Field's withdrawal. We had steadily, up to that time,
sustained with him, our own, and what we believed to be the sentiment of
the State, in favor of freedom, and were, therefore, entirely unprepared for
such a determination on his part. Nor is our surprise lessened by the manner and the certificates by which he has at great length attempted to defend
his course on this occasion. The vote of New York was not declared until
after the vote which had been previously taken in its delegation had been
stated, nor until an appeal had been made to the Convention, and refused by
its President, to enable his colleagues to protect its vote in the absence of
the Chairman of the delegation. By his absence the vote of New York stood
5 to 5, and it was under the decision of the Convention alone, that the vote
was declared to be divided. Mr. Field has stated that the omission to record
the vote of New York against the amendments was not owing to any act or
omission of his, but to the efforts of the minority of the delegation, or some
of them, to prevent the expression of the opinion of the majority. The
objection was made after notice to him that it would be made, and the Convention sustained it, hence the vote was lost by his absence. Nor is the
opinion of Mr. Field entitled to consideration when he imputes to the majority a want of fidelity to him, in not claiming and adhering to the vote which
had been taken when all were present, and which was afterwards rendered
null, by his absence. They did adhere to it, and endeavored to cast the vote
accordingly. It was his duty to have been present, and to have thus given
effect to that which had been previously agreed to. Mr. Field states, and
truly, that his colleagues refused to unite in a joint relation of the facts of
the case. They refused, because they were not satisfied with his course, and
would not be responsible for it in any way. Up to the moment of his leaving the Convention, Mr. Field had manifested great zeal and ability in sustaining and defending the principles which a majority of the delegation
desired to advocate, and his failure at the last, and decisive vote, was as unexpected as it was indefensible.
JOHN A. KING,
WM. CURTIS NOYES,
A. B. JAMES,
JAS. S. WADSWORTH,
JAS. C. SMITH.
Nzw YORK, March 28th, 1861.
602 
APPENDIX.
To the Legislature of the State of New York:
Informed by the newspapers of this morning that five of my associates in
the Peace Convention, after waiting nearly three weeks, made yesterday to
the Legislature a communication purporting to be an answer to the note
which I thought it my duty to append to the report, explaining why the vote
of New York was not given at a particular time, I beg leave to submit the
following in reply:
I do not perceive that my associates impugn a single statement of fact
contained in my note. My engagement in Court, the importance of the
engagement, the necessity for my keeping it, the meeting of the delegation
in contemplation of it, their resolution directing how the vote should be cast
in my absence, the neglect so to cast it, are all, by silence, admitted. Nor
do I perceive any denial of the proposition that the delegation had a right to
pass the resolution, which thus became binding on all its members until reconsidered and reversed.
Perhaps I ought to make one exception to this use of admissions.  My
associates apparently wish to have it believed, yet hesitate to assert, that the
Convention made a decision respecting the right to vote. In one place they
say, "that an appeal had been made to the Convention, and refused by its
President;" in another, that "it was under the decision of the Convention
alone that the vote was declared to be divided;" and in a third, that the
objection of the minority was made after notice to me that it would be made,
and the "Convention sustained it, hence the vote was lost," by my absence.
They should have reflected that there could have been no "decision of the
Convention" if the appeal to it was "refused by its President."  The truth
beyond question is, that although my associates imagined that the Convention decided something, it did in fact decide nothing.
My associates say further, that I argue to show that my duty to my client
was paramount to my "duty as Commissioner of the State of New York, in
a question involving constitutional principles." This is an idle calumny.
My note can be read as well as theirs; and in general will be read by the
same persons, and there is not a word in it to justify or excuse their assertion.
I never thus argued. I claimed that I had two duties to perform, and that
I performed both. I did not claim that my duty to my State was subordinate to any other duty whatever.
When my associates assert that their Chairman left the Convention "with
full knowledge of the effect of his absence on the vote about to be taken," if
they mean that I knew or supposed that they intended to reverse their own
action, or that Mr. King would not announce the vote as it had been resolved,
or would declare the vote divided, or that they would support him in it, or
that the Convention would overrule the delegation, then they assert what
they could not know to be true, and what is not true in fact.  My note sets
forth what I was told, and what I replied.
My associates argue that I failed to discharge my duty, because I did not
obtain leave of the Convention before going into the Supreme Court.
Though I do not remember to have heard before of leave granted by a deliberative body to a member to go out for half an hour, or for one or two
hours, I will observe, by this Convention absence was expressly allowed,
if it did not "interrupt the representation of the State." My associates do
indeed claim that, when I left the hall, the State ceased to be represented,
ten Commissioners only remaining behind. The argument of this strange
position appears to be, that a State is not represented when its vote can be
divided, and that the vote of New York was divided. Here is a double
fallacy. To say that the vote was divided, begs the question. It was not
divided so long as the resolution passed by the delegation remained valid,
and its validity is not denied.  The other part of the proposition is equall]
603 
APPENDIX.
fallacious. A State is represented when there are in the body delegates
authorized to represent it, whatever be their number. The arguments of my
associates seem to be, that a State could only be represented in the Peace
Convention by odd numbers, and that if it sent eight or ten representatives,
it would have no representatives at all.
But what shall I say to the following sentences:-" Nor is the opinion of
Mr. Field entitled to consideration, when he imputes to the majority a want
of fidelity to him, in not claiming and adhering to the vote which had been
taken when all were present, and which was afterwards rendered null by his
absence. They did adhere to it, and endeavored to cast the vote accordingly.
It was his duty to have been present, and to have thus given effect to that
which had been previously agreed to." Would any one imagine that the
authors were speaking of a vote, given in expectation of my absence, and to
determine what should be done when I was away? The vote was taken because I was to be absent, and directed the Chairman how to act in that
event, but it is nevertheless pretended that the moment I became absent, the
vote became null. They might better have said that the vote would have
become null, or rather that there would have been no occasion for it in case of
my continued presence. Then they say that they adhered to it. How did they
adhere? The resolution directed the Chairman to cast the vote in the negative.
He did not obey the resolution. Hiis associates and mine did not insist that
he should. Nobody prevented his answering "no," when the vote was
called. No reason has ever been given for his not so answering. That he
should instead have entered voluntarily into a discussion with Mr. Tyler on
the subject, and that his associates should have looked quietly on, can only
be accounted for by supposing them indifferent or bewildered.
It is not an agreeable task to write thus of old friends; but I must defend
myself when attacked, and defence cannot always be made pleasant to an
assailant.
My late friends profess to think me responsible for the loss of the vote of
New York on a certain occasion. I think them responsible for it. Which
side is right the Legislature and the people of the State will judge.
DAVID DUDLEY FIELD.
NEw YORK, April 11th, 1861.
Report of a   norty of the Uommissoners of -Yew York.
IN SENATE, farch7 25tk, 1861.
THE undersigned, constituting a minority of the Commissioners, appointed
by the Legislature of the State of New York, under resolutions responsive to
those of the State of Virginia, referred to in the report of the majority of the
Commissioners of said State of New York, admitting the correctness of the
record of the proceedings presented by said majority, but differing from them
in much of the reasoning which they present, respectfully report:
That they entered upon the duties assigned to them, earnestly desiring to
carry out the patriotic spirit of said resolutions as therein expressed, which
said original resolutions are herein embodied as a part of this report:
604 
APPENDIX.
NEW YORK.
OONOURRENT RESOLUTIONS appointing  Uommissioners from this State  to
meet Commissioners from other States at Washington, on invitation of
Virginia.
WHEREAS, the State of Virginia, by resolutions of her General Assembly,
passed the nineteenth instant, has invited such of the slaveholding and non slaveholding States as are willing to unite with her, to meet at Washington,
on the fourth of February next, to consider, and if practicable, agree on some
suitable adjustment of our national difficulties; and whereas, the people of
New York, while they 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 confer with their brethren upon all alleged
grievances; and to do all that can justly be required of them to allay discon tent; therefore,
Resolved, That David Dudley Field, William Curtis Noyes, James S.
Wadsworth, James C. Smith, Amaziah B. James, Erastus Corning, Addison
Gardner, Greene C. Bronson, Wm. E. Dodge, Ex-Governor John A. King,
and Major-General John E. Wool, be and are hereby appointed Commis sioners on the part of this State, to meet Commissioners from other States,
in the City of Washington, on the fourth 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 fit 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, That 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 concede the propriety of their adoption
by the proposed Convention. But while adhering to the position she has
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 difficulties, and the restoration of peace and harmony to the country.
Resolved, That the Governor be requested 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 inform the Commissioners without delay
of their appointment.
Resolved, That the foregoing resolutions be transmitted to the honorable
the Senate, with a request that they concur therein.
The foregoing resolutions were passed in the House of Assembly by a vote
of seventy-three ayes to thirty-nine noes, and in the Senate by a vote of
nineteen to twelve, those in the negative, in both Houses, being all members
of the dominant party, and those in the affirmative composed of the members
of the opposition, and of those Republicans who were supposed to be pre
pared to meet the State of Virginia and other sister States, in the spirit of
the resolutions adopted by the States of Virginia and New York.
A single point in the record, to which reference has been made, requires
some consideration before proceeding to the reasoning of a majority of the
Commissioners upon the propositions finally adopted by the Convention.
The majority of the Commissioners state that most of said majority were
opposed to the submission by the Convention of any amendments of the
605 
APPPENDIX.
Constitution of the United States at the present time, and in the present excited state of the public mind.
Not only was that ground assumed by a majority of the New York Commissioners, but some of their number argued with great ability against the
danger of touching that sacred instrument, consecrated by memories so dear
to every patriot heart.
The propositions, presented as amendments, were clear and distinct-their
adoption would in no manner disturb the general harmony of the Constitution; yet, strangely enough, to an ordinary mind, the majority of the Commissioners who found such danger in adopting the specific amendments
proposed, voted with a united action for a General Convention to remodel the
entire Constitution-exposed to all the hazards that must attend such a Convention-by whose action a form of government might be presented, in which
could not be found a single trace of that Constitution for which they professed such high veneration.
The undersigned will now consider the reasons presented by a majority of
the Commissioners against the proposition: The majority declare that the
Convention would not listen to, much less adopt any amendments in the
interests of freedom, or of free labor, or of the rights of citizens of the free
States, the only one of that character, that in relation to the securing to the
citizens of each State the privileges and immunities of the citizens of the
several States, &c., &c. As the undersigned have no recollection of the propositions to which reference would seem to be made, other  than that
embraced in the last clause, which they have quoted, they would call the
attention of the people of the State of New York to this subject, as one
deeply interesting in its character, and upon which it is supposed that there
is very little difference of opinion. As this statement is thrown out by a
majority of the Commissioners, in a manner to carry a belief that the harsh
and cruel enactments which deprive colored citizens of the North of the privileges they claim in Southern States under the Constitution, it may be well
for our people to consider that such enactments are not confined to the
States fostering the institution of slavery, but exist and are enforced in some
States making peculiar claim to love for freedom and the rights of man. The
State of Illinois has a code of laws against free colored persons, citizens of
other States, as severe as those of South Carolina or Louisiana. These laws
have been recently enforced, and yet the North does not hear one word of
the wrongs inflicted upon colored citizens of other States found within the
borders of Illinois.
It will be recollected that the Constitution first presented by the State of
Oregon, contained a clause prohibiting free colored persons from residing
within that State. That Constitution received the votes of both the Senators
from New York-each expressing his views of that instrument, yet the
public censure has not fallen upon either of those gentlemen, by reason of
such action. Nor is it necessary to go beyond the election polls of this State,
claiming its fifty thousand majority for the cause of freedom and of equal
rights-and yet counting from the ballot box an hundred thousand majority
606 
APPENDIX.
against securing the privilege of suffrage to colored persons, upon the same
conditions that it is secured to whites. These facts are presented with the
hope that they may create a spirit of charity in the public mind toward those
States whose peculiar position renders such harsh legislation certainly not
more censurable than it is in free States.
The undersigned differ entirely from the majority of the Commissioners,
as to the action of the Convention upon subjects interesting to -the North. It
is known to all that Virginia, Kentucky, and it is believed all the Southern
Border States instructed their delegates to insist on the Crittenden proposi tions, a material feature of which was, that in all future acquired territory,
south of 36~ 30', slavery should be permitted; and yet when this material
clause was found repugnant to the Northern sentiment, a distinguished Commissioner from Maryland moved to limit it to present territory, which proposition was adopted. Surely this was an important surrender to Northern
sentiment that should not have been forgotten.
The majority say, that by the first of the proposed amendments, slavery
is constitutionally established in all the territory south of the line of 36~ 30',
as if such recognition of slavery there was now for the first time to be
established by the proposed amendment. The majority of these Q.ommissioners are counsellors of eminent ability, and yet, for some reason not easily
comprehended, they have seen fit to ignore a decision of the Supreme Court
of the United States, which declares that slavery can be carried into all the
Territories of the United States, whether south or north of the line of 36~
30'. The famous Dred Scott decision, to which reference is here made, was
often referred to in the debates of the Convention, and was insisted upon by
many gentlemen, holding views and opinions similar to those of a majority of
the New York Commissioners, as affording all the protection that the South
could require, and claiming that the proposed amendment was unnecessary,
by reason of such protection.
The Territory of New Mexico was declared open to slavery by the compromise act of 1850. The public mind of the North was deeply agitated upon
that subject. A distinguished statesman, who was removed from earth before
his eyes were forced "to rest upon a dismembered Confederacy," was violently assailed for declaring that slavery could work no practical evil in New
Mexico; and yet the recent census has vindicated that assertion, showing
that in the ten years that have passed since that compromise, only twentyfour slaves were to be found in what the majority of the committee are
pleased to call the "immense region" of New Mexico; more than half of
whom were servants of army officers, to be removed when they should be
ordered to other stations.
The Territorial Legislature of New Mexico has declared the existence and
passed laws for the protection of slavery throughout that entire Territory,
while the proposed amendment of the Constitution would exclude it from all
that portion of said Territory north of 86~ 30'.
The undersigned are not only ready to vindicate their votes for that proposed amendment, but claim that such an amendment to the Constitution
607
0 
APPENDIX.
would be a great gain to the cause of freedom; taking from the action of the
Dred Scott decision, and of the Territorial Legislation', all territory north of
86~ 30'; and they challenge a comparison of their votes, with the course of
those who preferred to leave this question subject to the action of that decision, and to the legislation to which reference is made.
The second section of the proposed amendments, touching the fiuture
acquisition of territory, met the approval of the undersigned, as certainly
not less important to the North than to the South. The history of our country
shows how hastily the assumed powers of Congress have been exercised upon
this question, and at this moment presents a startling example, of a State of
vast territory, acquired by a joint resolution of Congress, sustained at an
enormous expense, and now withdrawing from the Confederacy, seizing upon
and applying to its own use all the Government property found within its
borders. Every reflecting citizen can determine for himself where there is
the most danger to the cause of humanity, and whether territory is more
probably to be acquired from the North, and consecrated to freedom, or from
the Southwest, upon which these exciting contests might be revived.
This proposed amendment is presented with entire confidence for the
decision of our people.
As the majority of the Commissioners do not dissent from the general
principles of the third article, but object to some of its provisions, the undersigned would remark that the principal difference between them and the
majority would seem to be whether Congress shall be denied the power of
abolishing Slavery 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. Ever since the formation of the Government,
this has been a subject upon which the friends of freedom have been divided.
In the opinion of the undersigned, this question should be permanently settled.
The power of removing slaves from one section of the country to another,
is secured by this section, but cannot be exercised against the wishes of the
State through which slaves would otherwise be taken. The power to touch
at ports, shores, and landings, with vessels having on board persons held in
bondage, and of landing, in case of distress, is embraced in this proposed
amendment, the latter clause of which will, certainly, receive the approval of
every friend of humanity. The undersigned do not join in the fears expressed
by the majority, that a resort to " impure means" could ever secure from the
Legislature of New York any laws upon these subjects, not entirely consistent with the honor and dignity of the State.
The Fourth proposition was adopted by a vote so large as to make comment here unnecessary.
As the Fifth proposition received the unanimous vote of your Commissioners, it requires no comment.
The Sixth proposition is upon a subject that has been discussed ever since
the formation of the Government, and need not be dweIt upon.
The Seventh proposition presented itself with such force to the Convention as to receive a strong vote, but seven States declaring against it. It
608 
]
APPENDIX.
will be seen that this section requires Congress to provide by law for secur ing to citizens of each State the privileges and immunities of citizens in the
several States.
Many other propositions were presented to the Convention, some of which
received the full concurrence of the undersigned; to others they were
opposed, and those who shared in the deliberations of the Convention do not
doubt, and will not deny, that propositions were presented whose only object
and effect could be to embarrass its proceedings.
The action of the Convention failed to secure at the hands of Congress
the legislation necessary to present it to the people of the different States, in
the manner prescribed by the Constitution. Still it is in the power, and the
undersigned trust will be in the disposition of the representatives of the people of New York, in both Halls of its Legislation, to present them for the
acceptance or rejection of her people.
Whatever differences of political opinion may exist, there can be but one
mind as to the present critical condition of our country, or that it is the duty
of every citizen to give all the aid in his power, to sustain an administration
that has entered upon its complicated duties under circumstances of more
embarrassment than have ever before existed in our country's history.
The undersigned not only as deeply regret, but as severely condemn, the
action of those States who have attempted to withdraw from the Union, as
do the majority of the Commissioners who opposed the adoption of the
measures of conciliation presented by the Peace Convention.
Those who are conversant with the political action of the seceding States,
will have observed how strong is their desire to draw the Southern Border
States into this new Confederacy. With each of those Border States are
large bodies of active politicians, constantly influencing the public mind, and
misrepresenting, to a great extent, the opinions and designs of those who
have wrought out this revolution in the national administration. The public
mind is fearfully agitated upon these issues, and the refusal of the Legislature
of New York to present the propositions of the Peace Convention, for the
suffrages of her people, will greatly diminish the power of the Union men of
the Border States to sustain themselves in their present trying position.
It is believed that Virginia is about to submit these propositions to her
people; let New York, who so nobly responded to the call of Virginia,
show that she, too, will be governed by the wishes of her people, and that
if those ties which have so long held these powerful States in the bonds of
brotherhood, must be severed, it shall be done only by the verdict of their
people as recorded in the ballot box.
FRANCIS GRANGER,
ERASTUS CORNING,
GREENE C. BRONSON,
WM. E. DODGE.
39
'609 
APPENDIX.
Report of the Rhode Island Peace Uommissioners.
To the Honorable General Assembly of the State of Rhode Island:
The undersigned Commissioners on the part of this State, appointed upon
the request of the State of Virginia, to meet Commissioners from the other
States to confer upon the best mode of adjusting the unhappy differences
which now disturb the peace of the country, respectfully beg leave to
report:
That on the 4th day of February last, at Washington, the day and place
named for the opening of the Conference, they met Commissioners from other
States, and remained with them in conference until the 27th day of February,
at which time twenty-one States were represented, when having agreed by a
majority of States to submit to Congress, to be by Congress submitted to
conventions in the several States, the annexed article in amendment to the
Constitution of the United States, the Convention finally adjourned.
This article, it will be seen, applies the old line of 36~ 30' of North latitude to all the present Territory of the United States, prohibiting slavery
north of that line, whilst it recognizes and secures its existence south of that
line during the territorial government, and provides for the formation of
new States out of such territory with or without slavery as their constitutions may direct.
As this partition of territory was not disadvantageous, at least to the free
States, as it disposed of the agitation consequent upon a recent decision of
the Supreme Court of the United States upon a celebrated case, and followed
a precedent which had given peace to the country upon this most dangerous
subject of controversy for upwards of thirty years, your Commissioners gave
their assent to it as the best practical solution of all difficulties growing out
of the territorial question.
New territory is no further dealt with by this article than to require,
except in certain specified cases, a majority of all the Senators firom each
side of said line, to concur in its acquisition, whether made by act of Congress or by treaty, thus giving to each class of States a check upon the
cupidity of the others.
The other sections of the article were designed in general so to define and
limit the rights, powers, and duties of both Congress and the States, with
regard to the subject of slavery, as to prevent further controversy, and to
enable and induce those most opposed in opinion ahd interest, by the practice
of mutual forbearance, to live in peace and amity under the same Federal
Government. It is believed that in no essential particular will this article
change the present actual state of things; its value consisting in the security
therein which it gives to all, and in the settlement made by it of present and
probable subjects of controversy.
In a great practical matter of this sort, your Commissioners deem these
results of far more importance than strict adhesion to any theory, however
plausible in the abstract, and especially than to any party declaration of prin
610 
APPENDIX.
ciples of a sectional cast, however vehemently argued, or numerously adopted
on either side. To deal well and wisely with the actual and real, and whilst
consulting the past and looking to the probable future for guidance, to base
his action on what is, comprises the whole duty of a statesman; leaving to
political philosophers to dream of what might have been, or in the abstract
of what ought to be. Reform, it is true, in this way comes slowly, but it
comes without the disturbance of material interests, without agitation of
human passions, and without the violent outbreaks which these occasion hindering and obstructing its progress in that grand and orderly procession
of moral causes and effects which expresses and marks the providence and
government of GOD.
It was apparent to all that, whatever may have been the motive and
origin of the present alarming movement in the extreme Southern States, the
instrument successfully used to promote it was the agitation of their people
upon the safety of the institution of negro slavery in the States and Terri tories; and various conflicting opinions with regard to the best course to be
pursued to allay this agitation were elicited in the course of this long con ference. Extremists were not wanting on the one hand, who seemed in clined to construe the anomaly of slavery of the negro race, found in the
Constitution of a free people, into a general rule; and who proposed or
voted for propositions which they knew could not be accepted, that their
assertion might aid in the remaining States the cause of secession. Ex tremists were not wanting, on the other hand, who were opposed to doing
any thing upon the subject of slavery, especially at present, lest such action
should compromise the incoming administration, and the Republican party,
and even the character of the Government itself. Without suspecting the
purity of the motives of either of these extremists, who beyond doubt represented the views of large and respectable bodies of men in their different
sections, your Commissioners found themselves equally unable to agree with
either.
They could not ignore the fact that seven States had separated themselves
from the others and set up a federal government of their own; and that
these were ceaselessly agitating the people of tile remaining Southern States
by inflammatory speeches, and writings skilfully addressed to their interests
and sympathies, to induce them to join in this new movement. They could
not doubt the assurances given to them by able and patriotic men from the
States of Maryland, Virginia, North Carolina, Kentucky, Tennessee, and Missouri, that these attempts upon the loyalty of the people of their States had
met at least with partial success; nor, indeed, blind themselves to the evidences of this found in the speeches and votes of individual Commissioners
from these very States. Above all, they could not be insensible to the touching appeals of men, venerable in years, distinguished in public service, and
whose reputation for ability and patriotism was national, to give them something in the shape of a constitutional security with which to allay the startled
fears of their constituents, beat back the attacks of their enemies and ours,
and even bring again to their duty thousands of men in the States of the
611 
APPENDIX.
extreme South, who had been led astray by the popular fears and impulses
of the hour, and who, with the loyal but overborne, might well look to them
for support, since no other had been afforded them in the reign of terror
under which they were suffering. In the circumstances in which the country
was placed, it seemed to your Commissioners that true policy ran in the
course of generous impulse; that in this matter we were dealing not with
treason, but with the most devoted loyalty which invoked our aid against it;
that the concessions we made, if concessions indeed they were, were made to
our friends that they might be strong enough to triumph over their enemies
and ours, because the enemies of the country.
If, as is true, in this view of their duty your Commissioners stood in the
main alone amongst the Commissioners from the Northern States, and ranged
themselves by the side of the Central States of the Union, upon whom the
weight of the civil strife must come if come it must, they need not assure
you that no dastardly fears, no feelings of base compliance, dictated the
position thus taken by them. Such motives to action neither became them
nor those whom they represented. It was because of generous faith and
earnest sympathy, of ties which no distance of time or space, and no difference of institutions can weaken; which in our fathers' days and our own led
our heroes to hazard all for all, and at Guilford Court House, and Eutaw,
and at Erie, with desperate valor to snatch victory for our common country
out of the very lap of defeat; it was because our little State, with a warm
heart and a ready hand, has never failed in counsel or deed to stand with the
whole country in all dangers and in extremest disasters, that your Commissioners conceived that they best represented her by averting danger from
those with whom they knew she would hasten to share it. If it be true
that the time has arrived when our sympathy for an alien and a subject race
has extinguished all sympathy for our own, and has hidden from us the ties
of a common origin, common interests, and of a common glory, then, indeed,
are we separated from our brethren, and the curse of slavery has fallen upon
us as well as upon them. Your Commissioners found nothing in themselves
to justify them in attributing such sentiments to the people of the State;
and unitedly recommend the adoption by you of the amendment to the Constitution proposed by the Conference of Commissioners, as best fitted to give
security and ensure peace to the country.
Among the measures strenuously enforced by some of the Commissioners,
in lieu of that adopted by a majority, was the calling of a General Convention. To this measure your Commissioners opposed their most earnest and
determined resistance.  As a measure of peace, if for no other reason, because
of the long delay which it implied, it would be utterly fruitless. But the
possible danger of exposing a Constitution, framed and adopted in the earlier
and more conservative days of the Republic, to be torn in pieces in these
times of lawless irreverence and change, is too great for any wise man
willingly to encounter. The very equality of the States in the Senate, which
was won by the revolutionary sacrifices and valor of the smaller States, now
almost forgotten, would, in the judgment of your Commissioners, be thereby
612 
APPENDIX.
greatly endangered; and your Commissioners earnestly represent to your
Honorable body that under no circumstances should this State consent to a
measure which might lead to her own extinction. The Constitution of a
great country, adopted, as this was, on account of diversity of interests and
views, with great difficulty, should be sacred. It may and should from time
to time be amended to suit a change of circumstances, but never exposed to
the danger of being uptorn. It is the symbol of our strength, because the
ligament of our Union. It has collected about it the reverence of three
generations of our people. It is the only rallying point now for the loyalty
of the remaining States; the only hope of the restoration of the States which
have left us; and, in its main features, it should be, as it was designed to be,
perpetual. At no time should a General Convention be invited to invade it;
and, of all times, this, in the judgment of your Commissioners, would be the
most dangerous.
Finally, it will be found upon an inspection of the Journal of the late
Conference of Commissioners, that the undersigned voted against many
propositions in themselves just and expressive of their sentiments and yours,
because inopportune and useless; and against others, because introduced for
the very purpose of sowing dissension among the Commissioners and to
prevent an agreement by majority upon any thing. In this they must ask
your candid construction of their conduct, looking to the crisis, the occasion,
the purpose and ffect of the matter upon which they were called to act; and
their unwillingness to hazard an agreement upon that deemed by them
necessary, by tacking to it that which, however true, was at least useless,
and might in the result be dangerous.
All which is respectfully submitted by
SAMUEL AMES, for self, and
ALEXANDER DUNCAN,
G. H. BROWNE,
WILLIAM W. HOPPIN,
SAMUEL G. ARNOLD,
Commis8ioners.
PRovrDENcE, March 4th, 1861.
COMMONWEALTH OF MASSACHUSETTS.
EcUTIvE DEPARTMENT, COUNCIL CHAMBER, 1
BOsTON, March 25, 1861. f
To the Honorable the Senate:
I have the honor to transmit to the General Court, for its use and information, a Report just received by me from John Z. Goodrich, Charles Allen,
George S. Boutwell, Theophilus P. Chandler, Francis B. Crowninshield, John
M. Forbes, and Richard P. Waters, Esquires, who were appointed Commissioners on the part of Massachusetts, under a Resolve passed the fifth day of
February last, to attend a Convention of delegates from the several States of
the Union, recently held at Washington.
.0
613 
APPENDIX.
And I embrace this opportunity to congratulate the people of the Commonwealth upon the fidelity, judgment, and ability with which the Commissioners, by whom they were represented, conducted their share of the duties
of that deliberation.
And I trust that a similar intelligent, manful, and, at the same time, charitable and patriotic adherence to principles, fundamental both in morals and
politics, will characterize the people of Massachusetts, and all their representatives, by whatever experiences of danger or difficulty their devotion to truth
and duty may hereafter be tried.
I ask leave to call the attention of the General Court, also, to the fact that,
as yet, no provision has been adopted for the payment of the expenses incident
to the service with which the Commissioners were charged, and to recommend that a suitable appropriation for that purpose be made at the present
session of the Legislature.
JOHIN A. ANDREW.
To His Excellency JOHN A. ANDREW, Governor, &c., &c.:
The undersigned, Commissioners appointed by your excellency, in pursuance
of certain resolutions passed by the Legislature at its present session, to at.
tend a Convention to be held in the City of Washington, with authority to
confer with the General Government, or with the separate States, or with any
associations of delegates from such States, having, agreeably to your excellency's instructions, repaired to Washington and conferred Mth the delegates
of twenty other States of the American Union, now respectfully submit the
following report of the proceedings of the said Convention, and of the action
of the Commissioners from Massachusetts.
The Convention commenced its sessions on the 4th of February, and closed
its deliberations on the 27th of the same month. The Massachusetts Commissioners repaired to Washington as early as practicable after their appointment, and presented their credentials on the 8th of February.
The sessions of the Convention were secret; although repeated efforts
were made, with the concurrence of the undersigned, first, to remove the
injunction of secrecy, then to admit the public to witness the deliberations,
and then to procure a complete and accurate report of the debates and doings.
These efforts failed, and the undersigned are therefore able only to transmit
a copy of the Journal of the Convention.*
On the 6th of February a resolution was adopted, upon the motion of Mr.
Guthrie, of Kentucky, that a "committee of one from each State be appointed by the Commissioners thereof, to whom should be referred the resolutions
of the State of Virginia, and the other States represented, and all propositions
for the adjustment of existing difficulties between the States." Mr. Crowninshield represented Massachusetts upon this committee. At the earliest practicable moment he called for a specific statement of the grievances complained of by the discontented States of the Union.  This call elicited much dis
* An authentic copy of the Journal was not received until the 21st instant and the
Commissioners did not feel prepared to make a report without an opportunity for consulting it.
614 
APPENDIX.
cussion, but no definite response to the demand  was ever made either in the
committee or in Convention.
On the 15th of February, Mr. Guthrie, from the committee of one from
each State, made a report recommending certain amendments to the Constitution of the United States.  This report was adopted in committee by a majority of five States, the delegates from Kansas not having then taken their
seats in the Convention.
A copy of this report may be found upon the twenty-second and twentythird pages of the Journal. After much discussion and many amendments, the
several sections of the proposed article of amendment to the Constitution
were finally adopted on the last day of the session. It is to be observed, however, that the report as a whole never received the sanction of the Convention, although the several sections of the article of amendment were separately approved by a majority of the States voting; and it may well be doubted
whether the entire article would have been adopted by the Convention.
The first section was adopted by a vote of nine States to eight; four
States-New York, Indiana, Missouri, and Kansas-not voting.
The other sections were approved by larger majorities.
The undersigned declined to vote upon the last section, but the vote of Massachusetts, with the unanimous consent of its Commissioners, was given in the negative upon all the others. This course seemed to be demanded, whether regard
was had to the constitution of the Convention, the circumstances under which
it assembled, the nature of the propositions submitted, the solution of the difficulties in which the Government and people are involved, or to the character
and peace of the country in the future. The two Pacific States, whose loyalty
to the Constitution and the Union is unquestioned, could not have been represented in the Convention. Other States failed to appoint Commissioners. The
resolutions of the State of Virginia were passed on the 19th of January; and
it was expected that within sixteen days thereafter the representatives of
this vast country would assemble for the purpose of devising, maturing, and
recommending alterations in the Constitution of the republic. As a necessary consequence, the people were not consulted in any of the States. In
several, the Commissioners were appointed by the executive of each without
even an opportunity to confer with the Legislature; in others, the consent
of the representative body was secured, but in no instance were the people
themselves consulted. The measures proposed were comparatively new; the
important ones were innovations upon the established principles of the Government, and none of them had ever been submitted to public scrutiny.
They related to the institution of slavery; and the experience of the country
justifies the assertion that any proposition for additional securities to slavery
under the flag of the nation, must be fully discussed and well understood
before its adoption, or it will yield a fearful harvest of woe in dissensions and
controversies among the people. Nor could the undersigned have justified
the act to themselves, if they had concurred in asking Congress to propose
amendments to the Constitution unless they were prepared also to advocate
the adoption of the amendments by the people.
615 
It is due to truth to say that the Convention did not possess all the desirable characteristics of a deliberative assembly. It was in some degree
disqualified for the performance of the important task assigned to it, by the
circumstances of its constitution, to which reference has already been made.
Moreover, there were members who claimed that certain concessions must
be granted that the progress of the secession movement might be arrested;
and on the other hand there were men who either doubted or denied the
wisdom of such concessions.
The circumstances were extraordinary. Within the preceding ninety
days the integrity of the Union had been assailed by the attempt of six
States to overthrow its authority; seven other States were disaffected, and
some of them had assumed a menacing and even hostile attitude. The
political disturbances had been associated with or followed by financial
distress.
The Convention was then a body of men without a recognized and ascertained constituency, called together in an exigency and without preparation,
and invited to initiate measures for the amendment of the Constitution in
most important particulars, and all at a moment when the public mind was
swayed by fears and alarms such as have never before been experienced by
the American people.
In these circumstances the undersigned thought it inexpedient to propose
amendments to the Constitution, believing that so important an act should
not be initiated and accomplished without the greatest deliberation and care.
Nor could the undersigned satisfy themselves that any or all of the proposed
amendments would even tend, in any considerable degree, to the preservation
of the Union. Although inquiries were repeatedly made, no assurance was
given that any propositions of amendment would secure the return of the
seceded States; and it was admitted that several of the Border States would
ultimately unite with the Gulf States, either within or without the limits of
the Union, as might be dictated by events yet in the future. Indeed, no
proposition was in any degree acceptable to the majority of delegates from
the border slave States that did not provide for the extension of slavery to
the Territories, and its protection and security therein.
And further, as appears firom the Journal, the Convention was not prepared to deny the right of a State to secede from the Union. Mr. Field, of
New York, introduced the following proposition, which, on motion of Mr.
Ewing, of Ohio, was laid upon the table:
APPENDIX.
"The Union of the 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 obligation of obedience to the Constitution and
laws of the United States."
After much debate and repeated attempts to avoid a direct vote, the following proposition was rejected:
"It is declared to be the true intent and meaning of the present Constitution that the union of the States under it is indissoluble."
616 
APPENDIX.
AYES.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New
York, New Hampshire, Vermont, and Kansas-10.
Nozs.-Delaware, Kentucky, Maryland,  Missouri, New  Jersey, North
Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-11.
On the last day of the session, Mr. Franklin, of Pennsylvania, moved the
adoption of the following resolution:
"Resolved, as the sense of this Convention, that the highest political duty
of every citizen of the United States is his allegiance to the Federal Government, created by the Constitution of the United States, and that no State of
this Union has any constitutional right to secede therefrom, or to absolve the
citizens of such State from their allegiance to the Government of the United
States."
Mr. Ruffin, of North Carolina, moved to postpone the consideration of
the same indefinitely, and the resolution was thereupon postponed by the
following vote:
AYEs.-Delaware, Kentucky, Maryland, Missouri, New  Jersey, North
Carolina, Ohio, Rhode Island, Tennessee, and Virginia-10.
NoEs.-Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, and
Pennsylvania-7.
For these reasons and others the Commissioners from Massachusetts supported the proposition originally made by Kentucky, and introduced by Mr.
Baldwin, of Connecticut, recommending a national convention for the purpose of revising the Constitution, and of providing for thie exigencies likely
to arise from the changed and perilous condition of the country. This
measure offered an opportunity for consideration by the people, and for careful deliberation by the convention that might be constituted for the purpose.
It is highly probable that, after the lapse of three-fourths of a century, a
convention of delegates from all the States would by general consent propose
amendments to the Constitution; and it is also probable that such a convention would at once tend to strengthen the feeling of brotherhood among the
people of various sections, while the discussion of the principles of the Government would render its preservation of paramount concern to all. This
measure of peace and union was rejected.
The undersigned are constrained by the force of many facts and circumstances to believe that an exciting cause of the present difficulties, and a
serious obstacle to their removal, is the possible acquisition of Mexico and
Central America.
The proceedings of the Convention furnish evidence upon this point.
The proposition to restore the Missouri Compromise, which guaranteed
freedom north of the parallel 36~ 30' north latitude, but furnished no protection to slavery south of that line, was rejected by the aid of the unanimous
support of the slaveholding States.
The proposition to settle the territorial question by the admission of New
Mexico as a State, was summarily discouraged by the South in the committee.
The suggestion of one of the Commissioners from Massachusetts, that if
the Convention would leave the territorial question out of view, the diffi
-617 
ArrPPENDIX.
culties concerning the rights and relations of the existing States might be
adjusted, did not meet with a favorable response from the slaveholding section of the country.
It is to be observed further, that the various propositions and amendments which were in any degree acceptable to the slave States guaranteed
slavery south of said line.
It did not seem to the undersigned of signal importance, whether this
guarantee was limited to our present territories, or made in words to apply
to all future acquisitions. Whenever the line of slave States from the Gulf
of Mexico to the Pacific Ocean shall be formed, an effectual barrier will have
been raised against the migration of freemen southward. Nor can it be assumed, that either with or without constitutional prohibition, the limits of
the republic are not to be further extended; and if the proposed line be established by the Constitution, the fairest portions of North America will be
given up irrevocably to African slavery. Nor is the limitation of the right
of a sovercign State to fix its own boundaries, which involves the right to
acquire territory, consistent with its honor in peace, or compatible with its
dignity and necessities in time of war. The American people are fully forewarned that it is unwise to rely upon constitutional prohibitions against the
acquisition of territory; nor can such prohibitions always withstand the as.
saults of a determined and desperate majority when acting in harmony with
the tendencies of public opinion, and the real or supposed necessities of the
country.
With these views, and with this experience in mind, the undersigned did
not regard with favor the provisions contained in the second section of the
proposed article of amendment. It is also to be observed that by this section
territory may be acquired for naval and commercial stations, depots, and
transit routes, without a resort to the treaty-making power. These provisions seem to be broad enough to permit the summary annexation of Cuba,
and portions of Central America and Mexico, by a simple law or joint resolution of Congress.
Thus, these two sections considered together, furnished no additional
securities against territorial acquisitions, while they effectually established
and protected slavery in all territory, present and future, south of the parallel 36~ 30' north latitude. By the first section, the common law was to be
so changed, that a condition of slavery would be assumed in regard to all the
African race within the Territories, and the laws of the several slave States
would be enforced against all persons of that race who might be carried from
the existing slave States into the Territories. The language is ambiguous,
but this interpretation seems to be warranted; and, in the opinion of the
undersigned, the courts would render an interpretation adequate to the result just indicated. It is thus seen that the only method of establishing and
protecting slavery in the Territories, is to provide for the execution, within
their limits, of the laws of the several slave States.
This section also incorporates into the Constitution of the United States
the existing laws and usages of New Mexico relating to slavery, and renders
them irrepealable during the territorial condition.
618 
APPENDIX.
By the second section, the Senators are divided into two classes, those
who represent the slaveholding, and those who represent the non-slaveholding States of the Union, and a majority of each class is required as a part of
the two-thirds majority necessary for the acquisition of territory by treaty.
A full exposition of this proposition would show that it is a complete and
dangerous departure from the principles of the Government, and sure to
effect its complete dissolution. When the Senate becomes two separate and
distinct bodies, and when the existence of the institution of slavery determines where the line of division shall be, then the Government, for all practical purposes, is at an end.  This proposition was introduced by Mr. Summers, of Vi'ginia; and Virginia, by its delegates, also introduced and supported a kindred proposition, by which "all appointments to office in the
Territories lying north of the line 36~ 80', 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
representing at the time the non-slaveholding States; and in like manner,
all appointments to office in the Territories which may lie south of said line
of 36~ 30', shall be made upon the recommendation of a majority of the
Senators representing at the time the slaveholding States."
We cannot hesitate to declare the opinion, carefully formed, that this
policy of dividing the Senate into two classes, is fraught with dangers to the
country more to be dreaded than the bold and defiant measures of those men
and States that are arrayed in open hostility to the Union. This measure is
a part of the policy of Mr. Calhoun, by which the Government was to be
changed, and the executive department so divided that nothing could be
done without the concurrence of two Presidents, one representing the slaveholding and one representing the non-slaveholding States.
The third section contains several provisions for strengthening and securing
slavery in the District of Columbia and in the several States and Territories.
It gives to representatives and others the right to bring their slaves into the
District of Columbia, retain, and take them away, even after slavery may
have ceased to exist in that District by the constitutional action of Congress.
It secures the slave-trade between States and Territories in which slavery
is established or recognized by law or usage, with the right of transit through
free States, by sea or river, and of touching at ports, shores, and landings, and of landing in case of distress; reserving, however, to the States
and Territories the power to prohibit the transit of slaves and the sale or
traffic therein. Thus the transportation of slaves would be a right as broad
as the limits of the republic, unless it should be restrained by the laws of
individual States, which acts might readily be regarded as a breach of
comity.
The fourth section of the article gives to the States the power of concurrent legislation with the United States for the rendition of fugitive slaves, thus
introducing a new topic of agitation into every State, without in any degree
relieving Congress of its duty in this particular.
The fifth section prohibits the foreign slave-trade, and makes it the duty
619 
APPENDIX.
of Congress to pass laws to prevent the importation of slaves, coolies, or
persons held to service or labor. As Congress has already, by the Constitu tion, full power to regulate the migration or importation of persons from
other countries, there is no reason for such constitutional provisions upon the
subject. It alone remains to enact proper laws and secure their faithful and
prompt execution.
The sixth section declares that certain sections of the proposed article of
amendment, and certain provisions of the Constitution relating to slavery,
shall not be amended or abolished without the consent of all the States.
The undersigned, being of opinion that no such stipulation ought to be
made, and that if made, it would not be binding upon the country, did not
hesitate to give the vote of the State against the proposition.
The seventh and last section of the proposed article of amendment is'in
the following words:
"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 mar shal, or other officer, whose duty it was to arrest such fugitive, was pre vented from so doing by violence or intimidation from mobs or riotous
assemblies, 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 of
such fugitive. Congress shall provide by law for securing to the citizens of
each State the privileges and immunities of citizens of the several States."
In a Convention duly called and assembled for the revision of the Constitution, the undersigned would have assented to this section; and in declining
to vote thereon they intended to so declare to their associates from the slaveholding States.
The undersigned thus set forth the doings of the Convention, and some
of the reasons by which their conduct was controlled. It was not their fortune to concur with the action of the Convention. The concessions demanded
by the discontented States, seemed to be inconsistent with honor, justice, and
freedom, and calculated to render permanent the existing causes of disturbance. A Union restored by unmanly concessions, would be productive of
bitter criminations and lasting hostilities, and would contain within itself the
seeds of a violent death.
But the undersigned are bound to say that the differences in the Convention were, in the main, differences of opinion, and not of purpose. Loyalty
to the Constitution and the Union was general; and the undersigned do not
doubt that the act of Virginia, in inviting a conference with her sister States,
will be productive of beneficial results to the country.
The Commissioners from Massachusetts were much impressed by the fact,
which their personal intercourse with gentlemen from all the slaveholding
States brought to their knowledge, that the present difficulties of the cquntry
were not caused by the pressure of grievances supposed to be actually existing; but rather by the fear of future interference with Southern rights,
caused by entire misapprehension of the purposes of the people of the free
States. Misrepresentation of those purposes, proceeding from among our
620
j!!,I, 
APPENDIX.
selves, whether prompted by ignorance of Northern sentiment, or by sinister
motives, are greatly to be deprecated.
The undersigned entertain no doubt that the intercourse between the
different sections of the country, through their representatives in Convention,
had a most salutary influence inr correcting false views of Northern sentiment,
and in assuring our brethren of the South that there is no purpose among
the people of those States, who, upon principle, oppose the extension of
slavery, to disturb or touch with an unfri-iendly hand the domestic relations
of any other States of the Union.
In the present exigency of public affairs, each State should be carefuil to
perform its whole duty freely and faithfully to its sister States and to the
country; and then may it well and fearlessly demand, whether the Union
contain many States or few, that the Government shall be administered
according to the principles of equality and justice which characterize the
Constitution formed by our fathers, and which will prove a sufficient security
in all the trials and perils of our national existence.
JOHN Z. GOODRICH,
CHARLES ALLEN,
GEO. S. BOUTWELL,
T. P. CHANDLER,
F. B. CROWNINSHIELD,
J. M. FORBES,
RICHARD P. WATERS.
BOSTON, H[arc 22d, 1861.
#
621 
INDEX.
ALEXANDER, W. C.
remarks of, 79, 80, 107,.118, 287, 867, 868, 86!
872, 874, 380, 883.
motion by, 800.
ALLEN, CHARLES.
remarks of, 5,4, 110, 821, 877.
AMES, SAMUEL.
amendment by, 859, 885.
remarks of, 868.
BACKUIS, F. T.
motion by, 207.
remarks of, 272, 274, 876.
resolution by, 2T3.
amendment by, 290, 894.
BALDWIN,  R. S. 
report of, 45, 822.
remarks of; 58, 62, 189, 266, 279, 890.
amendments by, 849, 863, 411.
BARRINGER, D. fM. 
resolution by, 84.
remarks of 212  274, 284, 294, 298, 839, 853
854, 856, 866, 388, 884, 486.
amendment by, 83.
motion by, 446, 449.
BATES, D. M.
amendment by, 864.
BATTELI, ROBINS.
motion by, 889.
BOUTWELL, GEO. H.
remarks of, 98, 110, 187, 218, 812.
BROWN, GEO. H. 
remarks of, 150.
motion by, 207, 362, 452.
resolution by, 450.
BRADFORD, A. W.
remarks of, 807.
amendment by, 875.
BROCKENBROUGHI, J. W.
remarks of, 278, 280, 341, 845, 898, 485.
amendment by, 485.
BRONSON, G. C.
amendment by, 209, 828, 895.
remarks of, 264, 266, 801, 823, 824, 350, 888,
889, 896, 897, 402, 406, 434.
motion by, 409.
BUCHANAN, JAMES.
letter from, 25.
BUCKNER, A. H.
amendment by, 401.
BUTLER, WM. O.
remarks of, 801.
CARUTHERS, R. L.
remarks of, 110, 214, 298, 804, 436.
amendment by, 864.
CHASE, S. P.
motion by, 81, 54, 58.
remarks of  4, 42, 54, 57, 112, 180, 158, 207,
208, 271, 272, 278, 274, 326, 385, 84, 862, 367,
891, 424,446'.
CHASE,  S. P.
9, resolution by, 85, 205, 208.
appeal by 446.
CHITTENDEN, L. E.
resolution by, 73.
remarks of 5,  82, 74,156, 5,206, 248, 249, 289,
279, 294, 868.
foot notes by, 156, 259, 324, 345, 858, 897, 417,
441.
CLAY, J. B.
motion by,  14, 23, 29, 158.
remarks of, 80 7, 1 46, 197 213, 266, 278, 28 6,
820, s345, 85  3372, 884, 388.
amendment by, 887, 42L.
CLEVELAND,  C. F.
o  remarks of, 80, 105, 214, 867, 484, 448.
COALTER,  J. D.
remarks of, 52, 82, 215, 875, 876, 878, 381, 898,
899.
amendment by, 209, 447.
3, COMMITTEE.
on organization, 18.
on credentials, 13.
on State resolutions, 26.
CONVENTION A.
rules and organization of, 28, 27.
COOK, B. C.
remarks of, 273, 818 823.
CORNING, ERASTU'.
remarks of, 822, 441.
CRISFIELD, T. W.
motion by, 57.
remarks of, 118, 295, 834, 855, 858, 864, 865,
367, 868, 369, 879, 410, 42.
CROWNINSInELD, F. iB.
remarks of, 47, 318, 375.
motion by, 379.
CURTIS, S. Ht.
remarks of, 70, 71, 287, 298.
DAVIS, GEOiGi.
remarks of, 56.
motion of 56, 109, 259.
DENT, J. F.
resolution by, 208.
remarks of, 209, 819, 845, 851, 858, 866, 884,
891, 897,424.'
DODGE, W. E.
remarks of, 110,190, 822, 859, 366, 878.
resolution by, 450.
DONIPHAN, A: W.
remarks of, 312, 878.
ELLIS, E. W. H.
motion by, 29, 437.
remark of, 442.
EWING, THOMAS.
motion by, 17, 896.
remarks of, 22, 88, 57, 141, 161, 206, 278, 814,
827, 835, 81, 8'9, 869, 398, 398, 44 i~2.
amendment by, 864. 
INDEX.
FIELD, D. DUDLEY.
remarks of, 47, 110  180  157 158,  161  17
168, 169, 170' 278, 285, 286, 287, 836, 8339,
853, 862, 867,'368, 371, 897, 898, 899.
motion by, 285.
resolution by, 287.
amendment by, 896, 897, 898.
FOWLER, ASA.
amendment by, 891, 864.
remarks of, 824, 849, 864, 868.
motion by, 867.
FRANKLIN, THOS. E.
motion by, 18, 448.
remarks of, 290, 828, 885.
amendment (substitute) by, 291, 823.
resolution by, 446.
FRELINGHUYSEN, F. T.
motion by, 32, 824.
amendment by, 385.
remarks of, 180, 824, 868, 884, 896, 401.
GOODRICH, J. Z.
remarks of, 71, 105, 106, 112, 216, 219, 815, 816.
amendment by, 80, 827, 898.
motion by, 206, 828.
GRANGER, FRANCIS.
remarks of, 120, 2,54, 23, 854, 35, 876,377, 488.
motion by, 372.
GRIMES, J. W.
remarks of, 17.
GROESBECK, W. S.
amendment by, 325, 865.
remarks of, 865, 866, 867, 872.
GUTHRIE, JAMES. 
remarks of, 21 22  28 82  66, 70, 79, 82, 102,
104, 105, 208,'209' 274,287, 289, 290, 2983, 299,
828, 824, 825, 826 828 884, 887, 889, 849, 850
851, 35T: 859, 860, s61< 869, 8~, 878, 374, 3813
885, 895, 397, 409, 440, 448.
resolution by, 21, 79.
motion by, 26, 342, 896, 437, 440, 442,443, 444,
445.
report of, 81.
amendment by, 48, 337, 346.
pream  ble  by, 848.
HACKLEMAN, P. A.
remarks of, 273, 808, 344, 884, 442.
HALL, HILAND.
amendment by, 858. 
remarks qf, 859.
HARRIS, B. D.
remarks of, 157, 349.
preamble and resolutions by, 157.
HITCHCOCK, REUBEN.
remarks of, 29, 56, 147, 302, 346, 349, 862.
amendment by, 270, 846,373.
HOPPIN, W. W.
remarks of, 112, 316.
HOUSTON, J. W.
remarks of, 272, 274, 283, 809, 856, 878, 421.
motion by, 273.
appeal by, 286.
HOWARD, B. C.
remarks of, 169, 860, 370, 871, 378, 405.
JAMES, A. B.
remarks of, 140, 800, 804, 824, 848.
amendments by, 848, 875.
JOHNSON, REVERDY.
motion by, 17, 23.
remarks of, 23, 57, 70, 72, 82, 85, 89,168, 286,
amendment by, 841.
resolution by, 449.
JOHNSON, WM. P.
remarks of, 112, 206, 286, 817 884, 895.
KENTUCKY GENERAL ASSEMBLY.
resolutions of, 61.
KING, J. A.
remarks of, 315, 403, 44L
LOGAN, S. T.
remarks of, 69, 81,106, 256, 805, 828, 826, 886,
870, 880.
amendments by,  880.
LOOMeIS, A.  W.
remarks of, 86, 248, 486, 450.
McCURDY,  a.  J.
remarks of, 82, 159 3, 860, 861, 867, 868, 869,
889.
amendment  by,  884, 870.
McKEENAN, WM.
motion by, 843.
remarks of, 346.
MEREDITH, WM. M.
motion by, 12. -
remarks of, 79.
proposition of, 79.
MOREHEAD, C.'S.
Mremarks of, 79,113,167, 7, 2079, 96, 845, 891.
MOREHEAD, J. M.
remarks  of, 110,  150, 806, 855, 859, 37,877,
878, 889, 895, 898, 485.
motion by, 286.
amendment by, 879, 893.
MORRILL, L. M.
remarks of, 144,146, 148,149.
NOYES, W.  C.'    -
remarks of, 128, 129, 180, 131, 183, 207, 859,
869, 407.
ORTH, G. S.
remarks of, 41, 260, 262, 293, 835, 888, 885, 887.
resolution by, 42.
motions by, 883, 885.
PALMER, J. M.
remarks of, 297, 824, 826, 830, 870, 404.
POLLOCK, JAMES.
remarks of, 74, 272, 275, 844, 370, 400, 449.
amendment by, 870.
PRATT, J. T.
remarks of, 290.
PRICE, R. M.
remarks of, 12, 286, 400.
RANDOLPH, J. F.
motion by, 21, 30, 43, 274, 801, 449.
remarks of, 42, 74, 111,1111 158, 206 816, 82,
840,84S, 849,3867.
resolution by, 112.
appeal by, 849.
R,EID, D. S.
amendment by, 80, 291, 861.
remarks of, 81, 82, 209, 289, 297, 861, 485.
RVES, W. C..
remarks of, 88, 132, 134, 187, 189, 148, 892,
407.
ROMAN, J. D.
remarks of, 167 865, 885.
RUFFIN, THOMAS.
remarks of, 80 81, 84, 125, 146, 262, 2S83, 290,
826, 885, 852, 870, 376, b8 435, 448.
amen'dment by, 3872.
motion by, 448.
SECRETARY.
statement of, 285, 345.
SEDDON, JAMES A.
motion by, 12.
resolution by, 19.
remarks of. 20, 22, 2T, 29, 82, 47, 55, 56, 81, 82,
89, 91, 105, 146, 148, 150, 203, 284. 285 290,
292 801           85, 850, 851, 852'  853, 854
855, 866: 3X,  877, 378, 381, 895, 417, 434k
report of, 47
amendment by 48, 51, 289, 328, 850, 861, 852,
856, 857,877,418 447.
SLAUGHTER T. C.
remarks of? 442.
SMITH, J. C.
remarks of, 196, 198, 200, 203, 209, 212, 213,
214, 225, 345, 962, 371, 406.
623 
I
INDEEX.
SMITH, J. 0.
Ymotion by, 873.
SOMES, D. E.
amendment by, 409.
remarks of, 409.
STEPHENS, W. H.
remarks of, 382.
STOCKTOIl, R. F.
remarks of, 113,129,149,436.
STONE, J. C.
remarks of, 287, 288.
SUMMERS. G. W.
report of, 18  2, 26, 28, 80, 41, 109, 278.
motion by, 150.
remarks of, 287, 334, 33887, 33888, 341, 846, 8738.
amendment by, 33888, 874.
TUCK, AMOS.
remarks of, 20, 80, 74, 79, 104, 274, 811, 828,
863, 370,417,424.
address by, 77, 425.
TURNER, T. J.
remarks of, 58, 72, 271, 861, 870, 881, 408.
motion by, 82.
resolutioni by, 271.
amendment by, 828, 880.
TYLER, JOHN.                                                         
remarks of, 14, 17, 22, 25, 26, 81, 41, 55,180,
275, 288, 290, 801, 828, 825,330, 8334, 8335,337,
844, 843, 850, 862, 889, 890, 450.
decisions by, 29, 77, 79, 82, 112, 118, 148, 274,
286, 816, 822, 8348, 349, 897, 898,406,434,435,
487,441,444.                                                 
amendment by, 828.
VANDEVER, WILLIAM.
remarks of, 287, 292, 296, 801, 853, 410.
resolution by, 800.
amendments  by,  371, 410.
VIRGINIA GENERAL ASSEMBLY.
preamble and resolutions of, 9.
WHITE, THOMAS.
remarks of, 172, 358, 890.
wICKLIFFE, C. E.
remarks of, 18,  19, 213,1,   26,,36, 42, 55, 57, 70, 7,
80,109,110,129 150, 15T, 170,189, 200'205,
206 b, 2.r, 28, 270 272, 27 3, 283, 284, 286, 812
85r,  852,3  8542 33861, 8 63, 879, 897, 406, 43, 489,3
452.
resolution by, 17, 26, 56,109, 206.
motion by, 19, 278, 848.
preamble and resolution by, 52.
amendment by, 879.
WILLARDS, J. H. & H. A.
letter from, 450.
WILMOT, DAVID.
amendment by, 208, 826, 881.
remarks  of, 278, 274, 281, 283, 284, 285, 22
825, 826, 867, 381, 882, 391, 899, 400, 43, 98B
WOOD, JOHN.','
remarks of, 822, 849.
motion by, 850.
WOLCOTT, C. P.
remarks of, 823.
WRIGHT, C. J.
letter from, 38.
WRIGHT, J. C.
remarks of, 11.
. 624 
INDEX TO THE APPENDIX
B
Baker Edward D., 508, 522, 523, 524, 526.
Barr, Thomas J., 583.
Bayard, J. A., 566.
Bigler, William, 474 476, 477, 478, 481, 488, 486,
487.
Bingham, K. S., 468.
Bingham, J. A., 575.
Bocock, Thomas S., 575, 582.
Boteler, A. R., 576, 579, 582.
Bragg, Thomas, 515.
Brayton, William D., 582.
Buchanan, James, 572.
Burch, John C., 574.
Burnett, Henry C., 579, 582.
Hale, John P., 474, 475, 476, 477, 478.
Hale, James T., 581.
Harris, John T., 582.
Hatton, Robert, 577.
Hickman, John, 577, 578, 588.
Hindman, Thomas  C., 582, 583.
Ifoard, Charles B., 582.
Howard, William A., 574, 578.
Hunter, E. M. T., 481, 482 488, 484, 488, 489, 492,
493, 497, 498, 501, 569, 670.'
Campbell, James H., 582.
Chandler, Zachariah, 469, 471, 480.
Clark, Daniel, 480, 489.
Clingman, Thomas L., 475, 491.
Cochrane, John, 574, 581, 583.
Collamer, Jacob, 474, 482, 483, 492, 493, 497.
Committee, Select, 475.
Cox, Samuel S., 582, 583.
Craige, Burton, 575, 580, 581.
Crittenden, John J., 471, 473, 474, 475, 476, 499,
501, 502, 503, 509, 513, 514, 515, 516, 518, 532,
565  566, 568, 569, 570.
Curtis, Samuel B., 575, 581.
K
Kellogg, Francis W., 578.
De Jarnette, D. C., 582.
Delegates, List of, 465.
Doolittle, James R., 478, 481, 498.
Douglas, Stephen A., 474, 479, 480, 505, 564, 568,
571.
Lane, Joseph, 535, 536.
Latham, Milton S., 475.
Leach, De Witt C., 581.
Leake, Shelton F., 581.
Letcher, John, 57.
Logan, John A., 579.
Lovejoy, Owen,'576, 57T, 578, 579.
Ely, Alfred, 582.
Extract from the minutes of the New York dele    gation, 600.
Extract from Journal of the Convention, 601.
M
McClernand, John A., 576, 578, 579, 583.
Mason, James M,, 470, 473, 474, 4T7, 479, 502, 506,
510, 514, 516, 518, 535, 564, 565.
Maynard, Horace, 575, 582.
Millson, John S., 575, 53.
Fessenden, Wm. P., 468, 471, 474.
Field, David Dudley, 596, 60L
Foster, Lafayette B., 581.
40
Garnett, Muscoe, 582.
Goodrich, J. Z., 601.
Green, James g., 473, 474, 532, 536.
Grow, Galusha A., 576, 517, 578, 5T9.
Gwin, William M., 476, 576, 571'.
H
c
i
Jenkins, Albert G., 581.
Johnsozi, Andrew, 470,,556,568.
Johnson, Robert W., 567, 568.
Joint Re'solutions, preamble to, 4T6,4TT, 481.
iu-nkin, Benj. F., 681.
D
L
E
F 
INDEX TO THE APPENDIX.
Pennsylvania, 462.
Massachusetts, 463.
Rhode Island, 464.
Missouri, 464.
Robinson, Christopher, 583.
Ruffin, Thomas, 581.
-S
Sebastian, William K., 567.
469, 470, 571T.     Seward, Wm. H., 476, 4, 4 478, 481, 482, 483, 487.
Sherman, John, 580, 582.
Sickles, Daniel E., 579, 580.
Simmons, James F., 480.
Stanton, Benjamin, 574, 575.
Statement to N.Y. Legislature, 601, 608.
Stevens, Thaddeus, 576
eos De ao tStes:     Sumner, Charles, 480.
T
ork Commissioners,  Tyler, John, 471.
64.2 48Trumbull, Lyman, 485,486, 487, 585.
Tennessee~~ 47, 478. 
W
Wade, Benj. F., 488, 535.
Washburne, Elihu B., 577, 582.
Wilkinson, Morton S., 528, 524.
Wilson, James, 581.
Woodson, Samuel H., 580.
Wright, C. J., 601.
626
N
Nicholson, A. O. P., 571.
Nixon, John T., 581,
up
Pendleton, Geo. H., 582.
Polk, Trusten, 517, 518.
Potter John., 582.
Powell, Lazarus W., 466, 468,
Pugh, James  L.o r, 48,48, 520.
Pulesto,I, J. Henry, 472.
R
Reports of Delegations to Sta
Virginia, 584.
New York, 585.
Rhode Island, 610.
Massachusetts, 613.
Report, minority, of New Y~
604.
Report of Peace Conference,
Resolutions of States:
Tennessee, 4.
Ohio, 456.
Kentucky, 457.
Indiana, 458.
Delaware, 458.
Illinois, 459.
New Jersey, 460.
New York, 461.