Part 47

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.

SEC. 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 committee, with instructions to report to-morrow morning.

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 to-morrow 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.

Mr. 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 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. LATHAM:--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.--Messrs. 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.

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 present 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.

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 [Mr. 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 Hampshire. 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.

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:

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 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 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. FITCH):--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 (H.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 certainly ought to be committed to a committee to correct its English. It is unintelligible.

Mr. DOUGLAS:--My 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.

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?

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.

Mr. 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.