Part 28

We know that the dominant party has elected a President on a purely sectional issue, and in deadly hostility to our institutions. We believe, from all the indications of the times, that our institutions are utterly insecure. Therefore we ask these guarantees. Give them to us, and from that time you will restore peace and quiet to the country. You at once attach the Border States firmly to you forever. I hope you will do so; but I tell you that the Border States cannot be retained unless you will consent to give such guarantees as will bring back the seceded States, and unite us all in a glorious confederation.

Sentiments have been uttered here that grate harshly on the minds of Southern gentlemen. It is said that this is a war of ideas. If so, then there is certainly that irrepressible conflict about which we have heard so much. But it is not true that slaves exclude free labor. Come to the harvest homes of Western Virginia. There you will see the union of white and black labor--see the two races working harmoniously together. The mechanics are white, the field hands are black. Those only make such assertions who know nothing about it.

You insist at the North that slavery is a sin. If it is as you claim it to be, a sin, the sum of all villanies, then we may as well separate. We cannot live together longer.

If we cannot have the aid of other sections, the Border States must take the subject into their own hands, and settle it for themselves. These States, with one exception, have shown a most excellent spirit. Let them all come up to the work to-day; on this natal day of WASHINGTON, of whom it was said that nature had denied him children, in order that he might be indeed the Father of his Country. New Jersey has most nobly responded, through her distinguished sons, but especially through the voice of that eloquent man, who swept with a master hand the chords of the human heart, in his remarks here, and tones of heavenly music responded to the touch.

The whole nation stands on tiptoe awaiting the final result of the action of this Conference. All sections are ready to make sacrifices, but sacrifices are not required. Let us act, and then go home. A grateful people will bind the wreath of victory around your brows, for "Peace hath her victories not less than War."

We make no appeal to the sympathies of gentlemen. We ask you to do justice, simple justice to the South. Do it, and you will do honor to yourselves. Give us the guarantees we ask, and my word for it, you will see the seceded States coming back one by one, and we shall see ourselves once more a happy and a united people!

Mr. WILMOT:--It is not my purpose to enter upon the wide field that has been opened in this debate. I did not intend to speak at all. I know well the position I occupy before the country. I am regarded by those who do not know me as an extreme man. I am, if I know myself, a man of moderation, and, I trust, of firmness. I make these remarks because the time has come when I must separate from my delegation. I concede every thing to their patriotism, good intentions, and integrity. But I must separate from them in the votes they are about to give.

We are called here to consider the condition of the country. It is said that condition requires our interference--that such interference is necessary. The country has just passed through one of those conflicts which are incidental to our form of Government. It has borne the trial, and I think it is safe.

Those who insist that certain things shall be done, place us in a delicate position. You say that you do not object to the inauguration of Mr. LINCOLN, but you refuse to permit his principles to be carried into effect. We say that we have not merely elected Mr. LINCOLN, but we have decided the principles upon which his administration shall be conducted. You refuse to permit this, and say that you will leave us and revolutionize, unless we consent to a counter resolution.

The contest in which we are now engaged is not a new one. It is of twelve or fifteen years' standing. It assumed new proportions when we acquired Texas. Texas, under the laws of Mexico, was then free. We insisted that slavery should not be recognized there. You claimed that it should--that slavery should go into all the common Territories of the Union. You succeeded. You procured what you claim is a decision of the court in your favor. But the people would not give the question up. The issue was formed--Slavery or Freedom; and on that issue we went into the late election. It was well understood in all its bearings. It was discussed and argued upon both sides and all sides, and the people determined the question against the South. In my section of the country there was no change. In all the excitement of a Presidential contest, I do not know of twenty votes that were changed. The opinions of the people were formed before; now they have declared them.

My first allegiance is to the principles of truth and justice. Convince me that your propositions are right, that they are just and true, and I will accept them. I will sustain them to the end. If they are wrong--and I now believe them to be--I will never sustain them, and I will show my faith in GOD by leaving the consequences with Him.

Any substantial change in the fundamental principles of government is revolutionary. Yours may be a peaceable one, but it is still a revolution. The seceded States are in armed revolution. You are in direct alliance with them. You say the Government shall not retake the forts, collect the revenue, and you ask us to aid you in preventing the Government from doing its duty.

Permit this, and the judgment of the world will be that we have submitted to the inauguration of your principles as the principles of the Government. It would exhibit a weakness from which the country could never hope to recover. These are reasons satisfactory enough to me. I cannot vote for the first article.

Mr. WICKLIFFE:--Do you wish to get the seceded States back?

Mr. WILMOT:--Certainly I do.

Mr. WICKLIFFE:--How do you propose to do it?

Mr. WILMOT:--I cannot say that I have any special way. It is their duty to return. There are better methods of coercing them than to march our army on to their soil. Now I understand it is your purpose to intrench slavery behind the Constitution.

Mr. RUFFIN:--Certainly. That is true--in a certain portion of the Territories.

Mr. WILMOT:--I thought I was not mistaken. The Government has long been administered in the interest of slavery. The fixed determination of the North is, that this shall be no longer.

Mr. HOUSTON:--Will the gentleman hazard the assertion that such has been the policy of Tennessee, Maryland, or Delaware?

Mr. WILMOT:--I did not intend to say more than that such has been the general policy of the Government. Another objection to the proposed amendment is its ambiguity. Its construction is doubtful, when it should be plain. Don't let us differ when we go home. If we do we shall settle nothing. Some will claim that the first article does not furnish a slave code. Others will claim that it does, and such I think is a fact. I am also opposed to the second article. I do not think it is right thus to bind posterity. I am opposed to the third article, except the first clause. If you think there is really a purpose at the North to interfere with slavery in the States, I am willing a declaratory amendment should be adopted prohibiting such interference. I like that of Mr. FIELD much better. I can go for that with all my heart.

As to the foreign slave trade we ask nothing. The laws are well enough as they are, if properly enforced. Besides, you make too much of it. You will claim hereafter that this formed one part of the compromise. It will amount to nothing.

Mr. BARRINGER:--But the South wants the foreign slave trade prohibited.

Mr. WILMOT:--Do not the statutes prohibit it? Why not enforce them?

Mr. BARRINGER:--We had rather have the prohibition in the Constitution.

Mr. WILMOT:--I am opposed also to abrogating the power of Congress over the District of Columbia. I hope to see slavery abolished in the District.

Mr. WICKLIFFE:--Will the gentleman from Pennsylvania abide by the decision in the Dred Scott case?

Mr. WILMOT:--Certainly, so far as it decides what is in the record.

Mr. SEDDON:--You will not permit it to settle the principle?

Mr. WILMOT:--I will not, any more than Virginia would accede to the decision upon the Alien and Sedition Laws. I will be frank and go farther. If the Court had undertaken to settle the principle, I would do all I reasonably could to overthrow the decision.

Mr. SEDDON:--My voice has failed me to-day, and I do not know that I can speak in audible tones, but I will try.

I understand the gentleman who last addressed us to say, that there are to be incorporated into the administration of the Government two new principles: one is, that there shall be no slavery in the territories; the other is, that the action of the Government shall be on the side of freedom. And furthermore, that slavery is to be regarded as a purely local institution, and that slaves are not to be regarded as property anywhere except in the slave States. Now, that was just the way in which I interpreted the action of the North in the last election, and it is precisely this view which has led to the secession of the States. The gentleman well understands that a different view of their rights under the Constitution prevails among the Southern people. Will he also understand and recognize the fact, that the Supreme Court has clearly given the sanction of its opinion to the Southern construction?

Mr. WILMOT:--Ought not the action of the Government under WASHINGTON to be a precedent of some weight in our favor?

Mr. SEDDON:--I cannot accede to that. Now the North has inaugurated this policy. We of the South say it is a subversion of the Constitution. The gentleman must as freely admit that the party just coming into power must of necessity be a Northern party. It can have no affiliation with any party at the South. Now I ask, can we, as a matter of policy or justice, whose rights are so vitally involved, sit by and see this done? Slavery is with us a democratic and a social interest, a political institution, the grandest item of our prosperity. Can we in safety or justice sit quietly by and allow the North thus to array all the powers of the Government against us?

The hour of one o'clock having arrived, the PRESIDENT announced that under the resolutions adopted by the Conference, general debate must cease, and the Conference would proceed to vote upon the report of the General Committee, and various amendments proposed thereto.

Mr. FIELD:--I rise to a question of privilege. What was done by the Conference with the credentials of the gentleman from Kansas?

The SECRETARY:--The practice heretofore has been, to consider a gentleman a member, when the Committee on Credentials report in his favor.

Mr. FIELD:--Then I move to reconsider the action of the Conference in this case.

Mr. PRICE:--I rise to a question of order. The committee have reported in favor of Mr. STONE, and that is conclusive.

The PRESIDENT:--I think the Conference has a right to pass upon the credentials.

Mr. FIELD:--I have a serious objection to the admission of the gentleman from Kansas. He holds the commission of the Secretary of the Territory alone, from a man who has never been appointed Governor. It is very irregular. It looks as though the gentleman was sent here only for the purpose of giving the vote of Kansas to certain propositions.

Mr. JOHNSON, of Missouri:--The delegate comes here with an appointment under the seal of the State of Kansas. The act admitting Kansas provides that all the territorial officers shall exercise jurisdiction until others are elected. I think it is in very bad taste for the gentleman from New York to question the regularity of the appointment.

Mr. WICKLIFFE:--I make a point of order. We have decided to proceed to the vote at this time.

The PRESIDENT:--I think this is a privileged question.

Mr. HOUSTON:--I respectfully appeal from the decision of the PRESIDENT.

Mr. MOREHEAD:--I move to lay the whole subject on the table.

Mr. FIELD:--I ask for a vote by States.

The PRESIDENT:--It is somewhat difficult to decide what motion has precedence. What was the motion of the gentleman from New York?

Mr. FIELD:--I moved a reconsideration of the action of the Convention admitting Mr. STONE. Let us have a vote on that motion. It is as good a test as any.

Mr. MOREHEAD:--I insist that the question is upon my motion to lay the whole subject on the table.

The question was taken upon the motion of Mr. MOREHEAD, with the following result:

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

NOES.--Connecticut, Illinois, Indiana, Maine, Massachusetts, New York, New Hampshire, Ohio, and Vermont--9.

Mr. CLAY:--I would ask, as a matter of courtesy, not to say of common decency, that Mr. STONE may be permitted to state how and why he came here.

Mr. STONE, of Kansas:--I understand that I was appointed by the Secretary of Kansas, who was at the time the Acting Governor. I understand that the appointment was made in accordance with the Enabling Act of Kansas. I am not inclined to argue my right to a seat in the Conference.

Mr. FIELD:--I wish to ask the gentleman only one question. Was not Governor ROBINSON actually in possession of his office before the delegate received his appointment, and is he not in such possession now?

Mr. STONE:--He was, and is.

Mr. ALEXANDER:--I call for the reading of the fourth Rule.

The fourth Rule was read by the Secretary, as follows:

4TH RULE.--A member shall not speak oftener than twice, without special leave, upon the same question; and not a second time, before every other who has been silent shall have been heard, if he chooses to speak upon the subject.

Mr. FIELD:--In order to bring the subject fairly before the Conference, I will put my motion in the form of a resolution, as follows:

_Resolved_, That the credentials of Mr. STONE, who desires to act as a Commissioner from Kansas, be referred back to the Committee on Credentials, with instructions to that committee to report the facts concerning his appointment, and whether it proceeded from the Territorial Secretary.

Mr. SUMMERS:--I wish the Committee on Credentials to stand right with the Conference. We accepted the commission of the Acting Governor as _prima facia_ correct.

Mr. VANDEVER:--I wish to offer a resolution.

Mr. GUTHRIE:--All resolutions are out of order.

The PRESIDENT:--I think resolutions under the ruling of the Conference cannot now be considered.

Mr. CURTIS:--I ask leave for the State of Iowa to vote on the motion to lay the subject of the admission of the delegate from Kansas on the table.

The motion was granted, and Iowa being called, voted No; and the vote stood: Ayes, 10; Noes, 10. And so the motion was lost.

Much discussion here ensued on the subject of the admission of the delegate from Kansas, which was participated in by Messrs. STOCKTON, CLEVELAND, COALTER, and others, when

Mr. STONE observed that he had no desire to force himself into the Conference, and until the question was settled he thought it proper to withdraw.

The resolution offered by Mr. FIELD was adopted without a division.

VOTE ON THE PROPOSITIONS AND AMENDMENTS.

The PRESIDENT:--The Conference will now proceed to the consideration of the report of the General Committee, and the amendments thereto. The question will be taken on the adoption of the first section reported by the Committee of One from each State, which the SECRETARY will now read.

The SECRETARY read the report as follows:

SECTION 1. In all the present territory of the United States, not embraced within the limits of the Cherokee treaty grant, north of a line from east to west on the parallel of 36° 30´ north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst it shall be under a territorial government; and in all the present territory south of said line, the status of persons owing service or labor as it now exists shall not be changed by law while such territory shall be under a territorial government; and neither Congress nor the territorial government shall have power to hinder or prevent the taking to said territory of persons held to labor or involuntary service, within the United States, according to the laws or usages of the State from which such persons may be taken, nor to impair the rights arising out of said relations, which shall be subject to judicial cognizance in the Federal Courts, according to the common law; and when any territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population required for a member of Congress, according to the then Federal ratio of representation, it shall, if its form of Government be republican, be admitted into the Union on an equal footing with the original States, with or without involuntary service or labor, as the constitution of such new State may provide.

SECTION 2. Territory shall not be acquired by the United States, unless by treaty; nor, except for naval and commercial stations and depots, unless such treaty shall be ratified by four-fifths of all the members of the Senate.

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

SECTION 4. The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due.

SECTION 5. The foreign slave trade, and the importation of slaves into the United States and their Territories, from places beyond the present limits thereof, are forever prohibited.

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

SECTION 7. Congress shall provide by law that the United States shall pay to the owner the full value of his fugitive from labor, in all cases where the marshal, or other officer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, after arrest, such fugitive was rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of such fugitive.

Mr. GUTHRIE:--I hope now the Conference will proceed in the regular way, and that the majority report will be first perfected so far as amendments are concerned, and that then it may be adopted.

Mr. SEDDON:--I move to amend the first section by inserting, after the words "in all the present territory south of said line," the words "including the Cherokee grant," and I call for a vote by States on the adoption of the amendment I propose. My object is to carry out the instruction of the committee. A small part of the grant lies north of the line. It is better to include the whole.

Mr. BACKUS:--I move to amend the amendment proposed by the gentleman from Virginia, by substituting the word "excluding" for the word "including," and on my motion ask a vote by States.

Mr. RUFFIN:--I think the gentleman does not understand the effect of his amendment.

Mr. BACKUS:--I do not think we ought to regard the Cherokee grant at all.

Mr. FRANKLIN:--I think both the amendments important.

Mr. SEDDON:--We must recognize the Cherokee Territory, and not divide it. Upon mature reflection, I think the amendment is important.

The vote was taken upon the motion of Mr. BACKUS, and resulted as follows:

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

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

The PRESIDENT:--The question is now upon the amendment offered by the gentleman from Virginia, as amended by the Conference.

Mr. GUTHRIE:--I hope the amendment will not be adopted. It is not necessary to the sense of the article. It is cumulative in its effect. We have expressly excluded the Cherokee grant, lest we might seem to overrule the Cherokee treaty by a provision of the Constitution.

The vote was taken by States, on the adoption of the amendment proposed by Mr. SEDDON, as amended, with the following result:

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

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

Thus the amendment was lost.

Mr. PRATT:--I wish to enter my dissent from the vote of Connecticut.

Mr. FRANKLIN:--I now offer as a substitute for the first section, as reported, the following:

Strike out after the words "United States," in the first line, and insert as follows: