A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861

Part 27

Chapter 274,081 wordsPublic domain

Mr. WICKLIFFE:--It will be necessary that some plan be adopted to defray the expenses of the Conference, and of printing the Journal. I move the appointment, by the President, of a committee of three to take those subjects into consideration.

The motion was adopted, and the President appointed Mr. JOHNSON, of Maryland, Mr. POLLOCK, and Mr. GRANGER as such committee.

Mr. HITCHCOCK:--I have an amendment in three sections which I shall offer to the report of the committee. I ask that it may be read, laid on the table, and printed.

The motion was agreed to, and the amendment read as follows:

Strike out Section 3, and insert the three following:

SEC. 3. Congress shall have no power to regulate, abolish, or control within any State the relations established or recognized by the laws thereof, touching persons held to service or labor therein.

SEC. 4. Congress shall have no power to discharge any person held to service or labor in the District of Columbia, under the laws thereof, from such service or labor, or to impair any rights pertaining to that relation under the laws now in force within the said District, while such relation shall exist in the State of Maryland, without the consent of said State, and of those to whom the service or labor is due, or making to them just compensation therefor; nor the power to interfere with or prohibit members of Congress, and officers of the Federal Government whose duties require them to be in said District, from bringing with them, retaining, and taking away persons so held to service or labor; nor the power to impair or abolish the relations of persons owing service or labor in places under the exclusive jurisdiction of the United States, within those States and Territories where such relations are established or recognized by law.

SEC. 5. Congress shall have no power to prohibit the removal or transportation of persons held to labor or service in any State or Territory of the United States, to any State or Territory thereof, where the same obligation or liability to labor or service is established or recognized by law; and the right during such transportation, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; nor shall Congress have power to authorize any higher rate of taxation on persons held to service or labor than on land.

Strike out Section 7, and insert:

SEC. 9. Congress shall provide by law, that in all cases where the marshal, or other officer whose duty it shall be to arrest any fugitive from service or labor, shall be prevented from so doing by violence of a mob or riotous assemblage, or where, after arrest, such fugitive shall be rescued by like violence, and the party to whom such service or labor is due shall thereby be deprived of the same, the United States shall pay to such party the full value of such service or labor.

Mr. TURNER:--I offer the following resolution:

_Resolved_, That the time fixed upon to commence voting upon the questions before this Convention, be postponed until Monday, February 25th, at 12 o'clock M.

I am as desirous as any member of the Conference can be for action. Illinois is a Border State, and she feels, in common with the Border States, a deep interest in the questions we are discussing here. But I think a false issue has arisen, and that it ought to be corrected. This issue has been forced upon us, and it will go to the country unless corrected. Very little time has yet been occupied by Indiana, Illinois, and Ohio, but we wish and we ought to be heard.

Mr. JOHNSON, of Missouri, moved to lay the resolution upon the table.

The vote was taken by States, with the following result:

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

NOES.--Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hampshire, Ohio and Vermont--10.

Mr. TURNER:--I see the resolution does not meet with favor. I will withdraw it.

Mr. CHASE:--I offer the resolution again. I wish to appeal to this Conference in the name of peace, not to press this vote to-day. We have been discussing general questions. There has been little or no discussion touching the merits of the proposed amendments to the Constitution. Do gentlemen suppose that if it is pressed through in this way, it will meet with favor when it comes before the country? Let me assure you, gentlemen, that you will not give the country peace by such a course.

There is a prospect that all sections of the Union may yet be induced to agree to a General Convention. The floor is so parcelled out that the Western States cannot be heard. Why do you force the vote in this manner? Two-thirds of Congress must concur, or these propositions cannot go to the people. The same two-thirds can suspend the rule at any time. There is no necessity for passing these propositions to-day. I regret that the proposition of Mr. WICKLIFFE, limiting the speeches to thirty minutes, has not prevailed. It was withdrawn.

Mr. WICKLIFFE:--No! It was laid on the table by enemies.

Mr. POLLOCK:--I have the floor. I will occupy it only thirty minutes, with the understanding that those who follow will do the same. We still have time for six speeches.

Mr. CHASE:--I have but little more to say. When we have a rule, we know what it is. A general understanding will amount to nothing. I have insisted that it was inexpedient to press these matters to a decision before the inauguration of Mr. LINCOLN; but when overruled I have cheerfully submitted. I now appeal to gentlemen to yield, and let us take the final vote on Monday.

One word now as to a General Convention. I have faith in that, and believe we can agree to call one. The idea was started by Kentucky, and promptly followed by Illinois. I have seen a copy of the "Louisville Journal," which strongly advocates it. It is practicable, and the country will assent to it.

Mr. HOUSTON:--The delegates from Delaware desire that the vote should be taken to-day. We have not discussed these propositions, and do not wish to discuss them. We want action.

Mr. BACKUS:--I concur in the views of the gentleman from Delaware. Discussion, so far, has tended very little toward harmony or unanimity. I am in favor of closing the general debate to-day. But I do protest against that part of the resolution we have adopted, which limits the discussion of an amendment to five minutes, and confines the reply to the committee. We ought not thus to be restricted and choked down. I will not move to amend the resolution now under discussion. It will answer my purpose to give notice that I shall move to amend the five-minute rule.

Mr. COOK:--We ought to have an opportunity to present the views of Illinois. As yet we have had none. We cannot justify ourselves to our people unless we do.

Mr. WICKLIFFE:--I move to lay the whole subject on the table. I want to test the question. Debate and discussion change the mind of no one. We have now been here eighteen days, and the country is expecting a decision.

The vote upon Mr. WICKLIFFE'S motion was called by States, and resulted as follows:

AYES.--Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, Tennessee, and Virginia--9.

NOES.--Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hampshire, Ohio, Pennsylvania, and Vermont--11.

Mr. BACKUS:--I now offer my proposition as a substitute for Mr. CHASE'S resolution, as follows:

_Resolved_, That the resolution heretofore passed, limiting debate on amendments that shall be offered to the report of the Grand Committee, be so amended as to allow the delegates who may desire, to speak not exceeding ten minutes on each amendment.

Mr. CHASE:--I do not wish to seem unreasonable. As my resolution meets with objection, I will withdraw it in favor of the one adopted by my colleague.

Mr. WICKLIFFE:--Have gentlemen calculated how many hours this will take? It will amount to a total defeat of all action. We could not get through by the middle of next month.

Mr. EWING:--I favor the resolution. All should have a fair chance.

Mr. HOUSTON:--I move to amend, giving each delegate ten minutes.

Mr. WILMOT:--I object to that very strenuously. Many delegations are divided. I hope the resolution will pass as it is.

Mr. HACKLEMAN:--I approve of the rule as it now stands. Practically, it gives ten minutes.

Mr. RANDOLPH:--I move to lay the resolution on the table. We adopted the rule unanimously.

Mr. WILMOT:--The motion is not in order. We have once voted not to table the resolutions.

Mr. HOUSTON:--I will withdraw my motion, at the instance of the gentlemen around me.

Mr. CHASE:--The question is upon the adoption of the resolution offered by Mr. BACKUS. I have accepted it in place of the one offered by myself.

The PRESIDENT:--It is subject, at any time, to a motion to lay on the table.

Mr. RANDOLPH:--That is my motion.

The motion to lay the resolution of Mr. BACKUS on the table was lost by the following vote--the vote by States being requested by Mr. CHASE:

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

NOES.--Connecticut, Indiana, Illinois, Iowa, Maine, Massachusetts, New Hampshire, New York, Ohio, and Vermont--10.

Mr. GUTHRIE:--I presume we all desire to know the result of our labors. I regret to see so much feeling manifested. Perhaps some of us had better take the benefit of the prayers of the church on Sunday. Some of us wish to get our propositions to Congress at an early hour. Those who oppose us--those determined to defeat action, can speak on until the fourth of March. I hope such is not their intention.

Mr. TUCK:--If the rule is abused, the Convention will stop the abuse.

At this point there were loud calls of "question," and the President put the question to vote, _viva voce_.

The PRESIDENT:--I think the Noes clearly have it.

Mr. CHASE:--A vote by States was called for by several members.

Mr. BARRINGER:--Is this resolution intended to give the right of reply? If so, we shall have a half-hour speech upon every amendment.

Mr. BACKUS:--If any member wishes to divide his time, he can do so; but he can only occupy ten minutes in all. We are called to deliberate, as well as to act. We are asked if we wish to stave off final action? I answer, No. I want speedy action. But at the same time let us have deliberation. I wish to give a vote that my constituents will approve.

The PRESIDENT:--The vote will be taken by States.

The resolution was adopted by the following vote:

AYES.--Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, New York, New Hampshire, Ohio, Pennsylvania, and Vermont--11.

NOES.--Delaware, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, Tennessee, and Virginia--9.

Mr. HALL offered the following, which was read, laid on the table, and ordered to be printed:

Amendment to Section 3 of the Committee's Report, to come in after the words "retaining and taking away persons so bound to labor:"--"but the bringing into said District of persons held to service for the purpose of being sold, or placed in depot to be afterwards transferred to any other place to be sold as merchandise, is forever prohibited, and Congress may pass all necessary laws to make this prohibition effectual; nor shall Congress have," &c.

The PRESIDENT:--The Conference will proceed to the order of the day, and Mr. POLLOCK has the floor:

Mr. POLLOCK:--Brevity is always a virtue. I intend to practice that virtue now. I would not make a single observation, if I did not feel that by keeping silence I should neglect my duty. As it is, I do not intend to occupy the time of the Conference more than twenty minutes.

When the committee upon the subject invited Pennsylvania to furnish a block for the Washington Monument in this city, they asked also for a motto, to be inscribed upon it, which should express some idea characteristic of Pennsylvania. What was the motto selected in behalf of that great State? Did we go to Germantown and invoke the memories of the mighty dead? Did we ask the motto of Valley Forge? No, brothers, no! Pennsylvania stood by the side of the grave of Penn, the man of peace, and in his example she found her motto, and it stands inscribed upon her contribution to that monument to the Father of his Country to-day. There may it stand forever. "_Pennsylvania was founded by deeds of Peace._" How noble the sentiment! How characteristic of that Commonwealth!

Animated by the same sentiment, filled with the same spirit, herself asking nothing, requiring nothing, Pennsylvania comes into this Conference and says to every delegate here, "_Peace, Brothers, Peace._" She is not for war. She believes that the power of kindness is far greater than that of the sword; that in the affection of brother toward brother there is greater strength than in all the iron contained in all her thousand hills and mountains. She comes here at the instance of a sister. She heard the voice of that sister asking for consultation, and she obeyed it. She is here, and in the right spirit.

A word now as to the motive of Virginia in calling the States together. Some object that Virginia comes bearing the olive branch on the point of the bayonet. Not so, sir. She is placed in a peculiar position, and I appreciate it. She does not make use of threats. These exist only in the imagination of gentlemen. I am willing to meet her here upon the very ground she takes, and unite with her in saying, "Our Union as it is, now and forever." We are here taking counsel, not with traitors, not with secessionists, but with lovers of the Union.

The people love the Union; they will not give it up. They are true. My heart almost leapt from my bosom when that telegraph message was read from Missouri a few days ago. Tennessee has taken up the cry, "Union for ever," The nation is troubled. All nations are, at times. But our troubles are not insurmountable. We are all here together to settle them. Why not settle them, and give peace to the Union, and joy to the hearts of the people?

We can settle our difficulties. The right feeling animates gentlemen from both sections. Where was the heart in this Conference that did not start with emotion, when, some days ago, that glorious old patriot from North Carolina (Mr. RUFFIN) told us of his devotion to the Union? Who did not honor and respect him? Old men and young men wept as they listened. Friends! Countrymen! I come here from a Border State. These States have a vital interest in the result, therefore we speak earnestly. Let us say to the angry passions of the country, "Peace, be still!"

The Border States are united; they have common interests. Beside the hearthstones of each, sit wives, and children, and families, connected with each other by ties of blood, of interest, of social intercourse. We are one. Is Maryland or Delaware ready to say that either will part company from Pennsylvania? No! We are brethren--come weal, come wo, we will stand by each other, and we will stand by the Union.

Gentlemen say there will not be war, if we do not agree. I wish I could think so, but I cannot. But if war should come, let me ask the gentlemen from New York who think principles are standing in their way, will you take the risk? Will you see the soil of Pennsylvania drenched with blood? Can you risk all this hereafter, when you can avoid it by accepting a proposition that involves no sacrifice of principles? Never in my whole life have I felt the weight of official responsibility as I feel it now. God grant that war may be averted from the country!

Let the lightning this day flash to the extreme limits of the Union, the glad tidings that we have settled these questions. The message would be received with gratitude and thanksgiving. Our friends in the Border States say, "We love the Union, we wish to stay in it; we do not wish to be driven out." Can you not, will you not, do something for them? Let us trust this matter to the people. I am not afraid to trust the people of Pennsylvania. New York and Massachusetts, trust yours!

We talk calmly of war, but we forget its calamities. Let us remember that we should not sacrifice one life for this paltry abstraction. Let us remember how great are the miseries of war. Let us think of the rush of angry armies, of the widows and orphans, of the sorrow and desolation that war always leaves in its path.

Christian men! remember that our great Saviour was a Prince of Peace--that he came to conquer with peace, not with the sword. "The Lord God omnipotent reigneth."

Disunion is a crime against every thing. Above all, it is a crime against GOD. Christians, pause and reflect. Let me entreat you to help us save this country from disunion.

I speak earnestly. We Pennsylvanians are upon the border. Our soil must be the battle ground. Upon us will the heavy trouble fall. Once more I say, let us trust the people. They are always right. They will do something; and honest men, sincere men, tell us that unless something is done, the border slave States cannot be retained in the Union.

I am not here as a party man, but as an American citizen, and a citizen of Pennsylvania. I am here to perform my duty to the whole country, if I can find out what that duty is.

Our friends say there is great apprehension at the South that the Republican party meditates unconditional interference with Southern rights. I do not believe for a moment that there is any ground for such an apprehension. But, nevertheless, it exists. Acting upon it, several States have withdrawn from the Union. We must deal with it in the best way we can. If we can satisfy our southern brethren, in the name of peace let us do it. I labored for the election of Mr. LINCOLN, but I never understood that hostility to slavery was the leading idea in the platform of his party. Pennsylvania had other interests--other reasons very powerful, for supporting him. There was the repeal of the Missouri Compromise--ruinous discriminations in the Tariff--the corruption of the Government--the villanous conduct of its high officers; these and other considerations gave Mr. LINCOLN more strength in Pennsylvania than the slavery question.

There are sentiments and opinions at the North that must be respected. There are sentiments and opinions at the South that must be respected; but there are no differences that cannot be honorably adjusted. The only practicable way that I can discover is to adopt the plan reported by the committee, and secure its submission to the people.

How can we do greater honor to this glorious day, which gave the immortal WASHINGTON to his country and to the world, than by marking it on the calendar as the day that secured the safety and perpetuity of the American Union?

Mr. SUMMERS:--The Committee on Credentials have examined the case of Mr. J.C. STONE, who is commissioned as a delegate from Kansas, and are of opinion that he is duly accredited.

Mr. FIELD:--I understand that he was appointed by Mr. BEEBE, the Secretary of the Territorial Government.

Mr. CLAY:--There is a provision in the Kansas Act authorizing the Secretary to perform all the duties of the Governor in his absence.

Mr. BROCKENBROUGH:--I represent an old and honored Commonwealth. I speak, remembering the maxing that "a soft answer turneth away wrath." But I should disregard my duty if I did not reply to what was said a few days ago, in arraignment--in unfair and improper arraignment, of Virginia.

Virginia occupies no menacing position, no attitude of hostility toward the Union or her sister States. Virginia knows that "eternal vigilance is the price of liberty." She knows, too, that there is good policy in the maxim, "in peace prepare for war." Her action is only such as is dictated by a prudent foresight. How unkind, then, are such taunts against Virginia, the mother of us all. She comes here in a paternal spirit; she desires to preserve the Union; she disdains to employ a menace; she knows that she never can secure the cooperation of brave men by employing menaces. No! She wishes to use all her efforts to perpetuate the reign of peace.

Another says we are seeking to secure an amendment of the Constitution by the employment of unconstitutional means, and that this meeting is a revolutionary mob--that these eminent men of the country assembled here, constitute a mob. No, sir! No!

Mr. BALDWIN:--If the gentleman from Virginia refers to me, he quite misunderstood me. I said only that the action proposed here was not contemplated by the Constitution, and was revolutionary in its tendency.

Mr. BROCKENBROUGH:--I cannot for my life so consider it. This is merely an advisory body. We are here to devise an adjustment, and to lay it before Congress. We are exercising the right of petition, and that is a sacred right. Is this revolutionary? No, sir! You would insist that Congress should _receive_ a petition, although that body had no right to act upon it. If so, how much more should our petition be received, when we seek to preserve the Union, and when the Constitution expressly authorizes Congress to act in such a case.

The gentleman from Vermont said last evening, that a pledge from the South to abide by the result would be a condition precedent to the submission of the proposition at all, and yet he says he cannot pledge Vermont. Why, then, does he ask us to pledge Virginia?

Mr. CHITTENDEN:--I am not willing to be misunderstood. I thought my language was plain. What I said was, that no one could pledge the free States for or against these propositions; but I did say we could pledge them _to abide by the Union, whatever_ the result might be. _That_ is the pledge we ask from the South.

Mr. BROCKENBROUGH:--Well, that is a pledge we have no authority to give. We cannot accept these propositions as a boon from any section. We must have them as a right, or not at all.

But let me address myself at once to the momentous question. It seems that we can agree upon every thing but this question of slavery in the Territories. So far as that subject is concerned, Virginia has declared that she will accept the Crittenden resolutions. She and her southern sisters will stand upon and abide by them. If gentlemen will come up to this basis of adjustment with manly firmness, the electric wires will flash a thrill of joy to the hearts of the people this very hour. Why not come up to it like men?

The Supreme Court has already established the rights of the South, so far as this question is concerned, upon a basis which is satisfactory. Under the Dred Scott decision, the people of the South have the right to go into any portion of the Territory with their slaves. You, gentlemen of the North, will not abide by that decision. You have declared in your platform that it is a miserable dogma. How can we be satisfied with such a guarantee for our rights as that?

But it is said that this part of the Dred Scott decision is only an _obiter dictum_; that the question was not presented by the record. This is not so. As was said by Governor WICKLIFFE, the other day, there were two questions in that case. The judgment of the court was upon them both, and both were presented by the record.