Chapter 43

Mr. BARRINGER:--I cannot say that I am gratified with the display which I have just witnessed in these appeals from the Conference to the people. We come here to deal with facts, not theories. I do not speak with the confidence of some with respect to the action of some of the people. I know the people of the South, and I tell you this hollow compromise will never satisfy them, nor will it bring back the seceded States. We are acting for the people who are not here. We are their delegates that have come here, not to demand indemnity for the past, but security for the future. This is my opinion. You will see whether I am right or not. We could stand upon the CRITTENDEN proposition or the Virginia alternative. With Virginia in our favor we could have stood upon either. You, gentlemen of the North, might as well have consented to either as to the report which is now presented. I desire the preservation of the Union; I would go for this scheme if that would accomplish it. But it will not. There is great force in the statement of the gentleman from Ohio, Mr. CHASE, in which he says there is no importance to a scheme which goes from this Conference to the States only by a majority of one or two States. If one or two States only, which are here, reject this compromise, it will be rejected entirely. Once more I say it would have been better for all to have stood upon the Virginia alternative.

Mr. STOCKTON:--I have not much to say, sir. I rise with a sadness which almost prevents my utterance. I was born at Princeton. My heart has always beat for the Union. I have heard these discussions with pain from the commencement. Shall we deliberate over any proposition which shall save the Union? The country is in jeopardy. We are called upon to save it. New Jersey and Delaware came here for that purpose, and no other. They have laid aside every other motive; they have yielded every thing to the general good of the country.

The report of the majority of the committee meets their concurrence. Republicans and Democrats alike, have dropped their opinions, for politics should always disappear in the presence of a great question like this. Politics should not be thought of in view of the question of disunion. By what measure of execration will posterity judge a man who contributed toward the dissolution of the Union? Shall we stand here and higgle about terms when the roar of the tornado is heard that threatens to sweep our Government from the face of the earth? Believe me, sir, this is a question of peace or war.

In the days of Rome, Curtius threw himself into the chasm when told by the oracle that the sacrifice of his life would save his country. Alas! is there no Curtius here? The alternative is a dreadful one to contemplate if we cannot adopt these propositions and secure peace. It is useless to attempt to dwarf this movement of the South by the name of treason. Call it by what name you will, it is a revolution, and this is a right which the people of this country have derived in common from their ancestors.

Mr. GUTHRIE:--I now move that we proceed to take the vote, and propose to take it upon the first section of the report of the majority.

Mr. ELLIS:--I move so to amend the rule that when the report is taken up each section and each distinct proposition shall be voted on separately.

The PRESIDENT:--I think this motion is out of order, and the question will be taken on the motion of the gentleman from Kentucky for the adoption of the first section, which the Secretary will now read.

SECTION 1. In all the present territory of the United States north of the parallel of 36° 30´ of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line, the status of persons held to involuntary service or labor, as it now exists, shall not be changed; nor shall any law be passed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of the States of this Union to said territory, nor to impair the rights arising from said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law. When any Territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without involuntary servitude, as the Constitution of such State may provide.

The question on agreeing to said section resulted as follows--Indiana declining to vote:

AYES.--Delaware, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee--8.

NOES.--Connecticut, Illinois, Iowa, Maine, Massachusetts, Missouri, New York, North Carolina, New Hampshire, Vermont, and Virginia--11.

And the section was not agreed to.

The following gentlemen dissented from the votes of their respective States: Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. TOTTEN, of Tennessee; Mr. COALTER and Mr. HOUGH, of Missouri; Mr. BRONSON, Mr. CORNING, Mr. DODGE, Mr. WOOL, and Mr. GRANGER, of New York; Mr. MEREDITH and Mr. WILMOT, of Pennsylvania; Mr. RIVES and Mr. SUMMERS, of Virginia; Mr. CLAY and Mr. BUTLER, of Kentucky; and Mr. LOGAN, of Illinois.

The vote was taken in the midst of much partially suppressed excitement, and the announcement of the vote of different States occasioned many sharp remarks of dissent or approval. After the vote was announced, for some minutes no motion was made, and the delegates engaged in an informal conversation.

Mr. TURNER finally moved a reconsideration of the vote.

Mr. GRANGER:--To say that I am disappointed by the result of this vote, would fail to do justice to my feelings. I move that the Conference adjourn until half-past seven o'clock this evening. I think it well for those gentlemen from the slave States especially, who have by their votes defeated the compromise we have labored so long and so earnestly to secure, to take a little time for consideration. Gentlemen we have yielded much to your fears, much to your apprehensions; we have gone to the very verge of propriety in giving our assent to the committee's report. We have incurred the censure of some of our own people, but we were willing to take the risk of all this censure in order to allay your apprehensions. We expected you to meet us in the path of compromise. Instead of that you reject and spurn our propositions. Take time, gentlemen, for reflection. Beware how you spurn this report, and incur the awful responsibility which will follow. Reject it, and if the country is plunged in war, and the Union endangered, you are the men who will be held responsible.

Mr. President, I have been deeply pained at the manner in which some gentlemen have here spoken of the possible dissolution of this Government. When, perchance, the rude hand of violence shall here have seized upon the muniments and archives of our country's history; when all the monuments of art that time and treasure may here have gathered, shall be destroyed; when these proud domes shall totter to their fall, and the rank grass wave around their mouldering columns; when the very name of WASHINGTON, instead of stirring the blood to patriotic action, shall be a byeword and a reproach--then will this people feel what was the value of the Union!

The motion to reconsider was then adopted by a vote of 14 ayes to 5 noes, and the Conference adjourned to seven o'clock and thirty minutes this evening.

* * * * *

EVENING SESSION--EIGHTEENTH DAY.

WASHINGTON, TUESDAY, _February 26th, 1861._

The Conference was called to order pursuant to adjournment by the President.

Mr. WICKLIFFE:--I hope after some of the informal consultations which have been held since the adjournment of the Conference this afternoon, that we may yet be able to bring our minds together, and to adopt the propositions recommended by the committee. It is, however, certain that the vote had better not be taken this evening. I therefore move an adjournment until ten o'clock to-morrow morning.

The motion to adjourn was agreed to; ayes 17, noes 3, and the Conference adjourned.

NINETEENTH DAY.

WASHINGTON, WEDNESDAY, _February 27th, 1861._

The Conference assembled pursuant to adjournment, and was called to order by President TYLER. Prayer was offered by Rev. Dr. GURLEY.

The PRESIDENT:--The Conference will now proceed to the consideration of the order of the day, the proposals of amendment to the Constitution reported by the majority of the committee.

Mr. GUTHRIE:--I suppose, under the rules which the Conference has adopted, discussion of these proposals is no longer in order. I hope now the Conference will proceed to the vote. The opinions of each delegation are undoubtedly fixed, and cannot be changed by farther argument.

I move you, sir, the adoption of the first section of the report as amended, which I ask to have read by the Secretary.

The section was read by the Secretary, as follows:

SECTION 1. In all the present territory of the United States north of the parallel of 36° 30´ of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line, the status of persons held to involuntary service or labor, as it now exists, shall not be changed; nor shall any law be passed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of the States of this Union to said territory, nor to impair the rights arising from said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law. When any Territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without involuntary servitude, as the Constitution of such State may provide.

The vote upon said section resulted as follows:

AYES.--Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee--9.

NOES.--Connecticut, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia--8.

So the section was adopted.

The vote of New York being called, Mr. KING, temporary Chairman of the delegation, said:

The question arises concerning the vote of New York. Mr. FIELD, one of the delegates from this State, is necessarily absent from the Conference, having left to attend to the argument of a cause in the Supreme Court noted for argument this morning. It is his understanding, and with him that of a majority of the delegation, that the vote of New York is to be cast against this section, and the whole report. Under these circumstances I propose to give the vote of New York as it would be given if Mr. FIELD was present.

Mr. CORNING:--I object to this. The vote of that State should be given as the majority of the commissioners present decide. And I think this is a matter for the delegation, and that the Conference has nothing to do with it.

The PRESIDENT:--An absent member cannot participate in the control of a vote except by general leave of the Convention.

Mr. KING:--If Mr. FIELD is not to be taken into the account, the vote of New York upon this section is divided.[8]

[Footnote 8: I have not heretofore expressed my own opinions upon the action of the Conference or of delegations; but as much has been said about the vote given by New York, or rather the division of the delegation, under which no vote was given, it is due to the parties concerned that I should state my own understanding of the practice of the Conference in this respect. After the rejection of the motion of Mr. CHASE (found on page 209), and the adoption of the proposition of Mr. DENT, so far as my own knowledge goes it was never deemed necessary that the entire delegation from a State should be present in order to cast its vote. I was present all the time, and frequently cast the vote of my own State upon previous consultation with my colleagues, when a majority of the delegation was absent. This was frequently done, to my personal knowledge, by other States: by none more frequently than Virginia. During several of the sessions the President himself was absent, and the chair was filled for the greater part of the time by Mr. ALEXANDER, or Mr. MOREHEAD, of Kentucky. I can recall to mind several occasions when the vote of Virginia was cast by Mr. SEDDON alone, no other member of his delegation being present. When the question arose upon the vote of New York, I was surprised that this point was not insisted upon; but deeming it a matter exclusively for the delegation from that State to settle, I did not think the case one in which others should interfere. L.E.C.]

Mr. EWING:--The vote of Kansas is also divided.

Mr. HACKLEMAN:--The vote of Indiana is divided. The commissioners of Indiana were appointed by virtue of resolutions passed by the Legislature of that State, which require them to report to the Legislature any proposition before voting for it finally, so as to commit the State either for or against it. It is impossible, under the circumstances, to submit this proposition of amendment to the Legislature of Indiana for approval or rejection. Indiana, therefore, declines to vote.

Mr. SLAUGHTER:--As the delegation from Indiana declines to cast its vote, I desire to have my individual vote entered in the affirmative upon this section.

Mr. ELLIS:--For the same reason I desire to have my vote entered in the negative.

The following gentlemen dissented from the vote of their respective States: Mr. CLAY and Mr. MOREHEAD, of Kentucky; Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. MEREDITH and Mr. WILMOT, of Pennsylvania; Mr. TOTTEN, of Tennessee; Mr. COOK, of Illinois; Mr. RIVES and Mr. SUMMERS, of Virginia; and Mr. CHASE and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE:--I move the adoption of the second section of the report as amended, and ask that it may be read.

The Secretary read it as follows:

SECTION 2. No territory shall be acquired by the United States, except by discovery, and for naval and commercial stations, depots, and transit routes, without the concurrence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States which prohibit that relation; nor shall territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States hereinbefore mentioned be cast as a part of the two-thirds majority necessary to the ratification of such treaty.

The vote on the adoption of section two was taken, and resulted as follows:

AYES.--Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia--11.

NOES.--Connecticut, Illinois, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, and Vermont--8.

New York and Kansas were divided.

So the section was adopted.

The following gentlemen dissented from the vote of their States: Mr. MEREDITH and Mr. WILMOT, of Pennsylvania; Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr TYLER, of Virginia; Mr. CLAY, of Kentucky; and Mr. HACKLEMAN and Mr. ORTH, of Indiana.

Mr. GUTHRIE:--I now move the adoption of the third section of the report as amended, and request that it may be read.

The Secretary proceeded to read as follows:

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

The bringing into the District of Columbia of persons held to labor or service for sale, or placing them in depots to be afterwards transferred to other places for sale as merchandise, is prohibited.

The question on the adoption of said section resulted in the following vote:

AYES.--Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia--12.

NOES.--Connecticut, Indiana, Iowa, Maine, Massachusetts, New Hampshire, and Vermont--7.

New York and Kansas were divided.

So the section was adopted.

The following gentlemen dissented from the vote of their States: Mr. CLAY, of Kentucky; Mr. COOK, of Illinois; Mr. SLAUGHTER, of Indiana; and Mr. CHASE, and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE:--I move the adoption of the fourth section of the report as amended.

And the Secretary read it as follows:

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

The question on the adoption of said section resulted in the following vote:

AYES.--Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Virginia--15.

NOES.--Iowa, Maine, Massachusetts, and New Hampshire--4.

New York and Kansas were divided.

And the section was adopted.

The following gentlemen dissented from the vote of their respective States: Mr. BALDWIN, of Connecticut; Mr. HACKLEMAN and Mr. ORTH, of Indiana; and Mr. CHASE and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE:--I now move the adoption of the fifth section of the report as amended.

It was read by the Secretary as follows:

SECTION 5. The foreign slave-trade is hereby forever prohibited; and it shall be the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor, into the United States and the Territories from places beyond the limits thereof.

The vote on the adoption of this section resulted as follows:

AYES.--Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Kansas--16.

NOES.--Iowa, Maine, Massachusetts, North Carolina, and Virginia--5.

So this section was adopted.

The following gentlemen dissented from the vote of their respective States: Mr. BALDWIN, of Connecticut; Mr. CLAY, of Kentucky; Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. WOLCOTT and Mr. CHASE, of Ohio; and Mr. HACKLEMAN and Mr. ORTH, of Indiana.

Mr. GUTHRIE:--I move the adoption of the sixth section of the report as amended, and desire that the Secretary may read that also.

The Secretary read as follows:

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

The vote on the adoption of this section stood as follows:

AYES.--Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Kansas--11.

NOES.--Connecticut, Indiana, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia--9.

The State of New York was divided.

And this section was adopted.

The following gentlemen dissented from the vote of their States:--Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. CHASE and Mr. WOLCOTT, of Ohio; Mr. COOK, of Illinois; and Mr. SUMMERS and Mr. RIVES, of Virginia.

Mr. GUTHRIE:--I move the adoption of the seventh section of the report, as amended.

The Secretary read as follows:

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 like violence or intimidation, and the owner thereby deprived of the same; and the acceptance of such payment shall preclude the owner from further claim to such fugitive. Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the several States.

The vote on the adoption of this section was as follows:

AYES.--Delaware, Illinois, Indiana, Kentucky, Maryland, New Jersey, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, and Kansas--12.

NOES.--Connecticut, Iowa, Maine, Missouri, North Carolina, Vermont, and Virginia--7.

The vote of New York was divided.

So this last section was also adopted.

The following gentlemen dissented from the vote of their respective States:--Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. TOTTEN of Tennessee; Mr. HACKLEMAN and Mr. ORTH, of Indiana; and Mr. CHASE and Mr. WOLCOTT, of Ohio.

Mr. CHASE:--The sections which have been adopted severally, as a whole may not be acceptable to a majority of the Conference. They have been adopted by different votes and different majorities. I think a vote should be taken upon them collectively, in order that we may know whether, as a single proposition, they meet the approbation of the Conference. I move that a vote be taken upon the several sections as a whole.

The PRESIDENT:--It is the opinion of the Chair that this motion is not in order. Each section, when once approved by a majority of votes, stands as the order of the Conference. These sections have been severally taken up, amended, and adopted, and no further vote is necessary or proper, except by way of reconsideration.

Mr. CHASE:--I think the motion an important one, and with all deference, appeal from the decision of the Chair to the Conference.