Part 6

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 to-day I desire to know what will be the order of business when 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. BALDWIN) 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. HACKLEMAN, the Conference then adjourned until 12 o'clock to-morrow.

TENTH DAY.

WASHINGTON, SATURDAY, _February 16th, 1861._

The Conference was called to order by the PRESIDENT at 12 o'clock M.

Prayer was offered by Rev. Dr. SUNDERLAND.

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. JEWETT, 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. SEDDON:--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."

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:

"_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. HITCHCOCK 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 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 discussion--like 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 WICKLIFFE 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. CHASE:--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 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. CHASE, 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. TURNER:--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 conform 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 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.

My 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 full 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 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 House 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 COLLAMER, 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, waiving 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 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:

_Resolutions recommending a call for a Convention of the United 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 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 States by the Hon. JOHN J. CRITTENDEN.

DAVID MERIWETHER, _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 Constitution 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 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: