Chapter 63

The undersigned will now consider the reasons presented by a majority of the Commissioners against the proposition: The majority declare that the Convention would not listen to, much less adopt any amendments in the interests of freedom, or of free labor, or of the rights of citizens of the free States, the only one of that character, that in relation to the securing to the citizens of each State the privileges and immunities of the citizens of the several States, &c., &c. As the undersigned have no recollection of the propositions to which reference would seem to be made, other than that embraced in the last clause, which they have quoted, they would call the attention of the people of the State of New York to this subject, as one deeply interesting in its character, and upon which it is supposed that there is very little difference of opinion. As this statement is thrown out by a majority of the Commissioners, in a manner to carry a belief that the harsh and cruel enactments which deprive colored citizens of the North of the privileges they claim in Southern States under the Constitution, it may be well for our people to consider that such enactments are not confined to the States fostering the institution of slavery, but exist and are enforced in some States making peculiar claim to love for freedom and the rights of man. The State of Illinois has a code of laws against free colored persons, citizens of other States, as severe as those of South Carolina or Louisiana. These laws have been recently enforced, and yet the North does not hear one word of the wrongs inflicted upon colored citizens of other States found within the borders of Illinois.

It will be recollected that the Constitution first presented by the State of Oregon, contained a clause prohibiting free colored persons from residing within that State. That Constitution received the votes of both the Senators from New York--each expressing his views of that instrument, yet the public censure has not fallen upon either of those gentlemen, by reason of such action. Nor is it necessary to go beyond the election polls of this State, claiming its fifty thousand majority for the cause of freedom and of equal rights--and yet counting from the ballot box an hundred thousand majority against securing the privilege of suffrage to colored persons, upon the same conditions that it is secured to whites. These facts are presented with the hope that they may create a spirit of charity in the public mind toward those States whose peculiar position renders such harsh legislation certainly not more censurable than it is in free States.

The undersigned differ entirely from the majority of the Commissioners, as to the action of the Convention upon subjects interesting to the North. It is known to all that Virginia, Kentucky, and it is believed all the Southern Border States instructed their delegates to insist on the Crittenden propositions, a material feature of which was, that in all future acquired territory, south of 36° 30´, slavery should be permitted; and yet when this material clause was found repugnant to the Northern sentiment, a distinguished Commissioner from Maryland moved to limit it to _present_ territory, which proposition was adopted. Surely this was an important surrender to Northern sentiment that should not have been forgotten.

The majority say, that by the first of the proposed amendments, slavery is constitutionally established in all the territory south of the line of 36° 30´, as if such recognition of slavery there was now for the first time to be established by the proposed amendment. The majority of these Commissioners are counsellors of eminent ability, and yet, for some reason not easily comprehended, they have seen fit to ignore a decision of the Supreme Court of the United States, which declares that slavery can be carried into all the Territories of the United States, whether south or north of the line of 36° 30´. The famous Dred Scott decision, to which reference is here made, was often referred to in the debates of the Convention, and was insisted upon by many gentlemen, holding views and opinions similar to those of a majority of the New York Commissioners, as affording all the protection that the South could require, and claiming that the proposed amendment was unnecessary, by reason of such protection.

The Territory of New Mexico was declared open to slavery by the compromise act of 1850. The public mind of the North was deeply agitated upon that subject. A distinguished statesman, who was removed from earth before his eyes were forced "to rest upon a dismembered Confederacy," was violently assailed for declaring that slavery could work no practical evil in New Mexico; and yet the recent census has vindicated that assertion, showing that in the ten years that have passed since that compromise, only twenty-four slaves were to be found in what the majority of the committee are pleased to call the "immense region" of New Mexico; more than half of whom were servants of army officers, to be removed when they should be ordered to other stations.

The Territorial Legislature of New Mexico has declared the existence and passed laws for the protection of slavery throughout that entire Territory, while the proposed amendment of the Constitution would exclude it from all that portion of said Territory north of 36° 30´.

The undersigned are not only ready to vindicate their votes for that proposed amendment, but claim that such an amendment to the Constitution would be a great gain to the cause of freedom; taking from the action of the Dred Scott decision, and of the Territorial Legislation, all territory north of 36° 30´; and they challenge a comparison of their votes, with the course of those who preferred to leave this question subject to the action of that decision, and to the legislation to which reference is made.

The _second_ section of the proposed amendments, touching the future acquisition of territory, met the approval of the undersigned, as certainly not less important to the North than to the South. The history of our country shows how hastily the assumed powers of Congress have been exercised upon this question, and at this moment presents a startling example, of a State of vast territory, acquired by a joint resolution of Congress, sustained at an enormous expense, and now withdrawing from the Confederacy, seizing upon and applying to its own use all the Government property found within its borders. Every reflecting citizen can determine for himself where there is the most danger to the cause of humanity, and whether territory is more probably to be acquired from the North, and consecrated to freedom, or from the Southwest, upon which these exciting contests might be revived.

This proposed amendment is presented with entire confidence for the decision of our people.

As the majority of the Commissioners do not dissent from the general principles of the _third_ article, but object to some of its provisions, the undersigned would remark that the principal difference between them and the majority would seem to be whether Congress shall be denied the power of abolishing Slavery 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. Ever since the formation of the Government, this has been a subject upon which the friends of freedom have been divided. In the opinion of the undersigned, this question should be permanently settled.

The power of removing slaves from one section of the country to another, is secured by this section, but cannot be exercised against the wishes of the State through which slaves would otherwise be taken. The power to touch at ports, shores, and landings, with vessels having on board persons held in bondage, and of landing, in case of distress, is embraced in this proposed amendment, the latter clause of which will, certainly, receive the approval of every friend of humanity. The undersigned do not join in the fears expressed by the majority, that a resort to "impure means" could ever secure from the Legislature of New York any laws upon these subjects, not entirely consistent with the honor and dignity of the State.

The _Fourth_ proposition was adopted by a vote so large as to make comment here unnecessary.

As the _Fifth_ proposition received the unanimous vote of your Commissioners, it requires no comment.

The _Sixth_ proposition is upon a subject that has been discussed ever since the formation of the Government, and need not be dwelt upon.

The _Seventh_ proposition presented itself with such force to the Convention as to receive a strong vote, but seven States declaring against it. It will be seen that this section requires Congress to provide by law for securing to citizens of each State the privileges and immunities of citizens in the several States.

Many other propositions were presented to the Convention, some of which received the full concurrence of the undersigned; to others they were opposed, and those who shared in the deliberations of the Convention do not doubt, and will not deny, that propositions were presented whose only object and effect could be to embarrass its proceedings.

The action of the Convention failed to secure at the hands of Congress the legislation necessary to present it to the people of the different States, in the manner prescribed by the Constitution. Still it is in the power, and the undersigned trust will be in the disposition of the representatives of the people of New York, in both Halls of its Legislation, to present them for the acceptance or rejection of her people.

Whatever differences of political opinion may exist, there can be but one mind as to the present critical condition of our country, or that it is the duty of every citizen to give all the aid in his power, to sustain an administration that has entered upon its complicated duties under circumstances of more embarrassment than have ever before existed in our country's history.

The undersigned not only as deeply regret, but as severely condemn, the action of those States who have attempted to withdraw from the Union, as do the majority of the Commissioners who opposed the adoption of the measures of conciliation presented by the Peace Convention.

Those who are conversant with the political action of the seceding States, will have observed how strong is their desire to draw the Southern Border States into this new Confederacy. With each of those Border States are large bodies of active politicians, constantly influencing the public mind, and misrepresenting, to a great extent, the opinions and designs of those who have wrought out this revolution in the national administration. The public mind is fearfully agitated upon these issues, and the refusal of the Legislature of New York to present the propositions of the Peace Convention, for the suffrages of her people, will greatly diminish the power of the Union men of the Border States to sustain themselves in their present trying position.

It is believed that Virginia is about to submit these propositions to her people; let New York, who so nobly responded to the call of Virginia, show that she, too, will be governed by the wishes of _her_ people, and that if those ties which have so long held these powerful States in the bonds of brotherhood, must be severed, it shall be done only by the verdict of their people as recorded in the ballot box.

FRANCIS GRANGER, ERASTUS CORNING, GREENE C. BRONSON, WM. E. DODGE.

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_Report of the Rhode Island Peace Commissioners._

_To the Honorable General Assembly of the State of Rhode Island:_

The undersigned Commissioners on the part of this State, appointed upon the request of the State of Virginia, to meet Commissioners from the other States to confer upon the best mode of adjusting the unhappy differences which now disturb the peace of the country, respectfully beg leave to report:

That on the 4th day of February last, at Washington, the day and place named for the opening of the Conference, they met Commissioners from other States, and remained with them in conference until the 27th day of February, at which time twenty-one States were represented, when having agreed by a majority of States to submit to Congress, to be by Congress submitted to conventions in the several States, the annexed article in amendment to the Constitution of the United States, the Convention finally adjourned.

This article, it will be seen, applies the old line of 36° 30´ of North latitude to all the present Territory of the United States, prohibiting slavery north of that line, whilst it recognizes and secures its existence south of that line during the territorial government, and provides for the formation of new States out of such territory with or without slavery as their constitutions may direct.

As this partition of territory was not disadvantageous, at least to the free States, as it disposed of the agitation consequent upon a recent decision of the Supreme Court of the United States upon a celebrated case, and followed a precedent which had given peace to the country upon this most dangerous subject of controversy for upwards of thirty years, your Commissioners gave their assent to it as the best practical solution of all difficulties growing out of the territorial question.

New territory is no further dealt with by this article than to require, except in certain specified cases, a majority of all the Senators from each side of said line, to concur in its acquisition, whether made by act of Congress or by treaty, thus giving to each class of States a check upon the cupidity of the others.

The other sections of the article were designed in general so to define and limit the rights, powers, and duties of both Congress and the States, with regard to the subject of slavery, as to prevent further controversy, and to enable and induce those most opposed in opinion and interest, by the practice of mutual forbearance, to live in peace and amity under the same Federal Government. It is believed that in no essential particular will this article change the present actual state of things; its value consisting in the security therein which it gives to all, and in the settlement made by it of present and probable subjects of controversy.

In a great practical matter of this sort, your Commissioners deem these results of far more importance than strict adhesion to any theory, however plausible in the abstract, and especially than to any party declaration of principles of a sectional cast, however vehemently argued, or numerously adopted on either side. To deal well and wisely with the actual and real, and whilst consulting the past and looking to the probable future for guidance, to base his action on what _is_, comprises the whole duty of a statesman; leaving to political philosophers to dream of what might have been, or in the abstract of what ought to be. Reform, it is true, in this way comes slowly, but it comes without the disturbance of material interests, without agitation of human passions, and without the violent outbreaks which these occasion--hindering and obstructing its progress in that grand and orderly procession of moral causes and effects which expresses and marks the providence and government of GOD.

It was apparent to all that, whatever may have been the motive and origin of the present alarming movement in the extreme Southern States, the instrument successfully used to promote it was the agitation of their people upon the safety of the institution of negro slavery in the States and Territories; and various conflicting opinions with regard to the best course to be pursued to allay this agitation were elicited in the course of this long conference. Extremists were not wanting on the one hand, who seemed inclined to construe the anomaly of slavery of the negro race, found in the Constitution of a free people, into a general rule; and who proposed or voted for propositions which they knew could not be accepted, that their assertion might aid in the remaining States the cause of secession. Extremists were not wanting, on the other hand, who were opposed to doing any thing upon the subject of slavery, especially at present, lest such action should compromise the incoming administration, and the Republican party, and even the character of the Government itself. Without suspecting the purity of the motives of either of these extremists, who beyond doubt represented the views of large and respectable bodies of men in their different sections, your Commissioners found themselves equally unable to agree with either.

They could not ignore the fact that seven States had separated themselves from the others and set up a federal government of their own; and that these were ceaselessly agitating the people of the remaining Southern States by inflammatory speeches, and writings skilfully addressed to their interests and sympathies, to induce them to join in this new movement. They could not doubt the assurances given to them by able and patriotic men from the States of Maryland, Virginia, North Carolina, Kentucky, Tennessee, and Missouri, that these attempts upon the loyalty of the people of their States had met at least with partial success; nor, indeed, blind themselves to the evidences of this found in the speeches and votes of individual Commissioners from these very States. Above all, they could not be insensible to the touching appeals of men, venerable in years, distinguished in public service, and whose reputation for ability and patriotism was national, to give them something in the shape of a constitutional security with which to allay the startled fears of their constituents, beat back the attacks of _their_ enemies and _ours_, and even bring again to their duty thousands of men in the States of the extreme South, who had been led astray by the popular fears and impulses of the hour, and who, with the loyal but overborne, might well look to them for support, since no other had been afforded them in the reign of terror under which they were suffering. In the circumstances in which the country was placed, it seemed to your Commissioners that true policy ran in the course of generous impulse; that in this matter we were dealing not with treason, but with the most devoted loyalty which invoked our aid against it; that the concessions we made, if concessions indeed they were, were made to our friends that they might be strong enough to triumph over _their_ enemies and _ours_, because the enemies of the country.

If, as is true, in this view of their duty your Commissioners stood in the main alone amongst the Commissioners from the Northern States, and ranged themselves by the side of the Central States of the Union, upon whom the weight of the civil strife must come if come it must, they need not assure you that no dastardly fears, no feelings of base compliance, dictated the position thus taken by them. Such motives to action neither became them nor those whom they represented. It was because of generous faith and earnest sympathy, of ties which no distance of time or space, and no difference of institutions can weaken; which in our fathers' days and our own led our heroes to _hazard all for all_, and at Guilford Court House, and Eutaw, and at Erie, with desperate valor to snatch victory for our common country out of the very lap of defeat; it was because our little State, with a warm heart and a ready hand, has never failed in counsel or deed to stand with the whole country in all dangers and in extremest disasters, that your Commissioners conceived that they best represented her by averting danger from those with whom they knew she would hasten to share it. If it be true that the time has arrived when our sympathy for an alien and a subject race has extinguished all sympathy for our own, and has hidden from us the ties of a common origin, common interests, and of a common glory, then, indeed, are we separated from our brethren, and the curse of slavery has fallen upon us as well as upon them. Your Commissioners found nothing in themselves to justify them in attributing such sentiments to the people of the State; and unitedly recommend the adoption by you of the amendment to the Constitution proposed by the Conference of Commissioners, as best fitted to give security and ensure peace to the country.

Among the measures strenuously enforced by some of the Commissioners, in lieu of that adopted by a majority, was the calling of a General Convention. To this measure your Commissioners opposed their most earnest and determined resistance. As a measure of peace, if for no other reason, because of the long delay which it implied, it would be utterly fruitless. But the possible danger of exposing a Constitution, framed and adopted in the earlier and more conservative days of the Republic, to be torn in pieces in these times of lawless irreverence and change, is too great for any wise man willingly to encounter. The very equality of the States in the Senate, which was won by the revolutionary sacrifices and valor of the smaller States, now almost forgotten, would, in the judgment of your Commissioners, be thereby greatly endangered; and your Commissioners earnestly represent to your Honorable body that under no circumstances should this State consent to a measure which might lead to her own extinction. The Constitution of a great country, adopted, as this was, on account of diversity of interests and views, with great difficulty, should be sacred. It may and should from time to time be amended to suit a change of circumstances, but never exposed to the danger of being uptorn. It is the symbol of our strength, because the ligament of our Union. It has collected about it the reverence of three generations of our people. It is the only rallying point now for the loyalty of the remaining States; the only hope of the restoration of the States which have left us; and, in its main features, it should be, as it was designed to be, perpetual. At no time should a General Convention be invited to invade it; and, of all times, this, in the judgment of your Commissioners, would be the most dangerous.

Finally, it will be found upon an inspection of the Journal of the late Conference of Commissioners, that the undersigned voted against many propositions in themselves just and expressive of _their_ sentiments and _yours_, because inopportune and useless; and against others, because introduced for the very purpose of sowing dissension among the Commissioners and to prevent an agreement by majority upon any thing. In this they must ask your candid construction of their conduct, looking to the crisis, the occasion, the purpose and effect of the matter upon which they were called to act; and their unwillingness to hazard an agreement upon that deemed by them necessary, by tacking to it that which, however true, was at least useless, and might in the result be dangerous.

All which is respectfully submitted by

SAMUEL AMES, for self, and ALEXANDER DUNCAN, G.H. BROWNE, WILLIAM W. HOPPIN, SAMUEL G. ARNOLD,

_Commissioners._

PROVIDENCE, _March 4th, 1861._

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COMMONWEALTH OF MASSACHUSETTS.

EXECUTIVE DEPARTMENT, COUNCIL CHAMBER, } BOSTON, March 25, 1861. }

_To the Honorable the Senate:_

I have the honor to transmit to the General Court, for its use and information, a Report just received by me from John Z. Goodrich, Charles Allen, George S. Boutwell, Theophilus P. Chandler, Francis B. Crowninshield, John M. Forbes, and Richard P. Waters, Esquires, who were appointed Commissioners on the part of Massachusetts, under a Resolve passed the fifth day of February last, to attend a Convention of delegates from the several States of the Union, recently held at Washington.