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.
The PRESIDENT:--The question is, Shall the decision of the Chair stand
as the order of the Conference?
Mr. CHASE:--As I have no wish except to secure a fair vote, and the
opinion of the Chair may be technically correct, I will withdraw my
appeal.
Mr. FRANKLIN:--Having adopted the report of the committee, I think now
there should be an expression of the Conference upon the question of
secession. I therefore move the adoption of the following resolution:
_Resolved_, As the sense of this Convention, that the
highest political duty of every citizen of the United States
is his allegiance to the Federal Government created by the
Constitution of the United States, and that no State of this
Union has any constitutional right to secede therefrom, or
to absolve the citizens of such State from their allegiance
to the Government of the United States.
Mr. BARRINGER:--I move to lay that resolution on the table. This is a
Convention to propose amendments to the Constitution, not to make
commentaries upon that instrument.
Mr. CLEVELAND:--I ask a vote by States.
The question was taken by States, and resulted as follows:
AYES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Tennessee, and Virginia--9.
NOES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, New York, New Hampshire, Pennsylvania, Rhode
Island, Vermont, and Kansas--12.
And the Convention refused to lay the resolution upon the table.
Mr. COALTER:--I offer the following amendment: strike out all after
the word resolve, and insert as follows:
"The term of office of all Presidents and Vice-Presidents of
the United States, hereafter elected, shall be six years;
and any person once elected to either of said offices shall
ever after be ineligible to the same office."
The amendment of Mr. COALTER was rejected by a _viva voce_ vote.
Mr. SEDDON:--I now move to amend by striking out all after the word
"resolved" in Mr. FRANKLIN'S resolution, and insert a series of
amendments hitherto proposed by myself, as follows:
To secure concert and promote harmony between the
slaveholding and non-slaveholding sections of the Union, the
assent of the majority of the Senators from the slaveholding
States, and of the majority of the Senators from the
non-slaveholding States, shall be requisite to the validity
of all action of the Senate, on which the ayes and noes may
be called by five Senators.
And on a written declaration, signed and presented for
record on the Journal of the Senate by a majority of the
Senators from either the non-slaveholding or slaveholding
States, of their want of confidence in any officer or
appointee of the Executive, exercising functions exclusively
or continuously within the class of States, or any of them,
which the signers represent, then such officer shall be
removed by the Executive; and if not removed at the
expiration of ten days from the presentation of such
declaration, the office shall be deemed vacant, and open to
new appointment.
The connection of every State with the Union is recognized
as depending on the continuing assent of its people, and
compulsion shall in no case, nor under any form, be
attempted by the Government of the Union against a State
acting in its collective or organic capacity. Any State, by
the action of a convention of its people, assembled pursuant
to a law of its legislature, is held entitled to dissolve
its relation to the Federal Government, and withdraw from
the Union; and, on due notice given of such withdrawal to
the Executive of the Union, he shall appoint two
commissioners, to meet two commissioners to be appointed by
the Governor of the State, who, with the aid, if needed from
the disagreement of the commissioners, of an umpire, to be
selected by a majority of them, shall equitably adjudicate
and determine finally a partition of the rights and
obligations of the withdrawing State; and such adjudication
and partition being accomplished, the withdrawal of such
State shall be recognized by the Executive, and announced by
public proclamation to the world.
But such withdrawing State shall not afterwards be
readmitted into the Union without the assent of two-thirds
of the States constituting the Union at the time of the
proposed readmission.
I desire to get these amendments on the Journal. It is my duty to
offer them, and I wish the Journal to show that I have performed that
duty.
Mr. FRANKLIN:--I then move to lay the amendment on the table, and to
give the gentleman leave to have it inserted in the Journal. That will
accomplish his purpose.
The question was taken on the motion to lay the amendment on the
table, and resulted in an affirmative vote.
Mr. RUFFIN:--I regard the mission of this Convention as now performed,
and I hope we shall take up no new questions, which can only distract
and divide us. I therefore move to postpone the consideration of this
resolution indefinitely.
The question was taken on Mr. RUFFIN'S motion, with the following
result:--
AYES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Rhode Island, Tennessee, and
Virginia--10.
NOES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, and Pennsylvania--7.
The vote of New York was divided.
Messrs. DUNCAN and AMES dissented from the vote of Rhode Island.
Mr. GUTHRIE:--It will be necessary that this proposition be presented
to Congress in an authentic form, and I suppose it will not be
necessary for the Convention to continue its sessions until this
presentation is made. I therefore offer the following preamble:
TO THE CONGRESS OF THE UNITED STATES:
The Convention assembled upon the invitation of the State of
Virginia to adjust the unhappy differences which now disturb
the peace of the Union and threaten its continuance, make
known to the Congress of the United States that their body
convened in the city of Washington on the 4th instant, and
continued in session until the 27th.
There were in the body, when action was taken upon that
which is here submitted, one hundred and thirty-three
commissioners, representing the following States: 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, and Kansas.
They have approved what is herewith submitted, and
respectfully request that your honorable body will submit it
to conventions in the States as an article of amendment to
the Constitution of the United States.
Mr. RANDOLPH:--I move the adoption of the preamble, and that the same,
with the propositions already adopted, be authenticated by the present
Secretary, and that all be presented by the President of this
Convention to the Senate and House of Representatives, with a
respectful request for their passage.
This motion was agreed to.
Mr. BARRINGER:--As the labors of the Convention are now closed, I
presume there is no occasion for continuing the injunction of secrecy.
As notes of the proceedings have been taken with a view, I presume, to
publication, I now move that the injunction of secrecy against
speaking of the action of the Convention, or the publication of its
proceedings, be removed.
The motion of Mr. BARRINGER was agreed to by a _viva voce_ vote.
Mr. JOHNSON:--I desire here to have printed in the Journal the
following resolution.
Leave was granted to Mr. JOHNSON as requested, and his resolution was
as follows:
_Resolved_, That while the adoption, by the States of South
Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,
and Texas, of ordinances declaring the dissolution of their
relation with the Union, is an event deeply to be deplored;
and while abstaining from any judgment on their conduct, we
would express the earnest hope that they may soon see cause
to resume their honored places in this Confederacy of
States; yet to the end that such return may be facilitated,
and from the conviction that the Union being formed by the
assent of the people of the respective States, and being
compatible only with freedom, and the republican
institutions guaranteed to each, cannot and ought not to be
maintained by force, we deprecate any effort by the Federal
Government to coerce in any form the said States to reunion
or submission, as tending to irreparable breach, and leading
to incalculable ills; and we earnestly invoke the abstinence
from all counsels or measures of compulsion toward them.
Mr. POLLOCK:--The Committee on Finance have made an examination of the
expenses which have been incurred for printing, stationery, &c., by
the Conference. It has been, already stated that the expense of
printing the Journal is met by the city of Washington. The additional
expense incurred amounts to $735. If this is equally apportioned among
the States represented it will amount to $35 each. It is for the
Conference to decide in what manner the assessment shall be made.
Mr. BROWNE:--I offer the following resolution:
_Resolved_, That the report of the committee be received and
accepted; that the committee be continued, and requested to
make the necessary disbursements; and that the States now
pay over the sum assessed to the chairman.
And the resolution was unanimously adopted.
Mr. LOOMIS:--I take great pleasure in presenting to the Conference the
following letter, which has been addressed by the proprietors of the
hall to the Secretary. I ask that the letter may be read, and I also
offer the following resolution.
The letter was read, as follows:
CRAFTS J. WRIGHT, ESQ.,
_Secretary Conference Convention_:
SIR:--Please inform the Convention that we have tendered,
free of charge, the use of our Hall and lights, which they
have occupied. We hope the use may be sanctified by
restoring peace to the Union.
We are, respectfully, &c.,
J.C. & H.A. WILLARD.
_February 23d, 1861._
And the resolution, which was unanimously adopted, was as follows:
_Resolved_, That the thanks of this Convention are justly
due, and are hereby given, to the Messrs. Willard, for the
liberal and generous tender, free of charge, of the use of
the Hall and the lights, for the purposes expressed in their
letter to the Secretary; and that the Secretary be requested
to communicate to them a copy of this resolution.
Mr. DODGE offered the following resolution, and that, too, was
unanimously agreed to:
_Resolved_, That the thanks of this Convention are justly
due and hereby given to the Mayor and Council of the city of
Washington, for their kindness and liberality to the members
of this Convention, in defraying so large an amount of their
expenses for printing and stationery, and also for the
officers to protect this hall and the members from intrusion
whilst in session, and that the Secretary be requested to
communicate the same to said parties.
On motion of Mr. RANDOLPH, the thanks of the Conference were tendered
to the clergymen of the city for their services during the Conference.
The thanks of the Conference were also presented to the Secretary and
his assistants.
Mr. EWING:--I move the adoption of the following:
_Resolved_, That the thanks of this Convention be tendered
to the President, for the dignified and impartial manner in
which he has presided over the deliberations of this body.
The resolution being seconded by Mr. HACKLEMAN, it was unanimously
adopted; whereupon President TYLER addressed the Conference as
follows:
"GENTLEMEN OF THE CONFERENCE:
"The labors of this Convention are drawing to a close. Before we
separate never in this world to meet again, I am much pleased that the
resolution you have just adopted gives me an opportunity of uttering a
few words of congratulation and farewell.
"We came together at a most important and critical time. One of the
oldest members of the American Union, a commonwealth which had
contributed its full share to the honor and glory of the
nation--having as great interests at stake as any other member of the
sisterhood of States--summoned you here to consider new additions to
our Constitution, which the experience of near three-quarters of a
century had taught us were required. I expected from the first that
you would approach the consideration of the new and important
questions which must arise here, with that patriotism and intelligence
which belongs to the descendants of the patriots of the Revolution and
the statesmen of the Convention of 1787. I have not been disappointed.
In the whole course of a public life, much longer than usually falls
to the lot of man, I have been associated with many bodies of my
fellow-citizens, convened for legislative or other purposes, but I
here declare that it has never been my good fortune to meet with an
association of more intelligent, thoughtful, or patriotic men, than
that over which I have been here called to preside. I cannot but hope
and believe that the blessing of GOD will follow and rest upon the
result of your labors, and that such result will bring to our country
that quiet and peace which every patriotic heart so earnestly desires.
I thank you most sincerely for that kindness and partiality on your
part which induced you to call me to the honorable position of your
presiding officer, and for the courtesy so uniformly extended in the
discharge of the responsible duties of that position.
"Gentlemen, farewell! I go to finish the work you have assigned me, of
presenting your recommendations to the two Houses of Congress, and to
ask those bodies to lay your proposals of amendment before the people
of the American Union. Although these proposals are not in all
respects what I could have desired--although I should have preferred
the adoption of those recommended by the Legislature of Virginia,
because I know they would have been acceptable to my own constituents,
still it is my duty to give them my official approval and support. It
is not to be expected that entire unanimity of opinion should exist
among the representatives of so large a population, and so many
diversified interests, as now comprise the Republic of the United
States. It is probable that the result to which you have arrived is
the best that under all the circumstances could be expected. So far as
in me lies, therefore, I shall recommend its adoption.
"May you have a happy and safe return to your constituents and your
families! May you all inculcate among your people a spirit of mutual
forbearance and concession; and may GOD protect our country and the
Union of these States, which was committed to us as the blood-bought
legacy of our heroic ancestors!"
Mr. WICKLIFFE:--I move that the Convention do now adjourn, its labors
having come to an end; and I would suggest that the delegates meet
informally and take leave of each other at three o'clock this
afternoon.
Mr. BROWNE moved that the Conference adjourn without day, and his
motion was adopted by the following vote:
AYES.--Delaware, Illinois, Kentucky, Maryland, New Jersey,
Ohio, Rhode Island, Tennessee, and Vermont--9.
NOES.--Connecticut, Indiana, Missouri, North Carolina, and
Pennsylvania--5.
And the Conference adjourned without day.
APPENDIX.
No. I.
Before the final vote was taken upon the proposals of amendment to the
Constitution of the United States, reported by the General Committee
of which Mr. GUTHRIE was Chairman, and the votes upon the various
substitutes offered for such proposals, there were _twenty-one_ States
represented in the Conference.
Maine and Iowa were represented by their respective Congressional
delegations; Tennessee, Ohio, Kentucky, Indiana, Delaware, Illinois,
New Jersey, New York, Pennsylvania, Massachusetts, Rhode Island, and
Missouri, by delegates appointed by their respective Legislatures,
under joint resolutions which are here inserted; New Hampshire,
Vermont, Connecticut, Maryland, North Carolina, Indiana, and Kansas,
by delegates appointed by their respective Governors.
The resolutions of Virginia originated the call for the Conference.
Michigan, Wisconsin, Minnesota, California, and Oregon were not
represented. South Carolina, Florida, Georgia, Alabama, Mississippi,
Arkansas, and Texas had passed ordinances of secession previous to the
meeting of the Conference. Messrs. BENJAMIN and SLIDELL, the Senators
from Louisiana, withdrew from the Senate of the United States before
the proposed amendments to the Constitution were reported to the
Conference.
The following resolutions of their respective States were presented by
the delegates to the Committee on Credentials, and were ordered by the
Conference to be printed, on the motion of Mr. CHASE.[9]
[Footnote 9: See page 64, Proceedings of the Conference.]
TENNESSEE.
RESOLUTIONS _proposing amendments to the Constitution of the United
States._
_Resolved by the General Assembly of the State of Tennessee_, That a
Convention of delegates from all the slaveholding States should
assemble at Nashville, Tennessee, or such other place as a majority of
the States coöperating may designate, on the fourth day of February,
1861, to digest and define a basis upon which, if possible, the
Federal Union and the constitutional rights of the slave States may be
perpetuated and preserved.
_Resolved_, That the General Assembly of the State of Tennessee
appoint a number of delegates to said Convention, of our ablest and
wisest men, equal to our whole delegation in Congress; and that the
Governor of Tennessee immediately furnish copies of these resolutions
to the Governors of the slaveholding States, and urge the
participation of such States in said Convention.
_Resolved_, That in the opinion of this General Assembly, such plan of
adjustment should embrace the following propositions as amendments to
the Constitution of the United States:
1. A declaratory amendment that African slaves, as held under the
institutions of the slaveholding States, shall be recognized as
property, and entitled to the _status_ of other property, in the
States where slavery exists, in all places within the exclusive
jurisdiction of Congress in the slave States, in all the Territories
south of 36° 30´; in the District of Columbia; in transit; and whilst
temporarily sojourning with the owner in the non-slaveholding States
and Territories north of 36° 30´, and when fugitives from the owner,
in the several places above named, as well as in all places in the
exclusive jurisdiction of Congress in the non-slaveholding States.
2. That all the territory now owned, or which may be hereafter
acquired by the United States south of the parallel of 36° 30´;
African slavery shall be recognized as existing, and be protected by
all the departments of the Federal and Territorial Governments, and in
all north of that line, now owned, or to be acquired, it shall not be
recognized as existing; and whenever States formed out of any of said
territory south of said line, having a population equal to that of a
congressional district, shall apply for admission into the Union, the
same shall be admitted as slave States, whilst States north of the
line, formed out of said territory, and having a population equal to a
Congressional district, shall be admitted without slavery; but the
States formed out of said territory north and south having been
admitted as members of the Union, shall have all the powers over the
institution of slavery possessed by the other States of the Union.
3. Congress shall have no power to abolish slavery in places under its
exclusive jurisdiction, and situate within the limits of States that
permit the holding of slaves.
4. Congress shall have no power to abolish slavery within the District
of Columbia, as long as it exists in the adjoining States of Virginia
and Maryland, or either, nor without the consent of the inhabitants,
nor without just compensation made to such owners of slaves as do not
consent to such abolishment. Nor shall Congress at any time prohibit
the officers of the Federal Government or members of Congress whose
duties require them to be in said District, from bringing with them
their slaves, and holding them as such, during the time their duties
may require them to remain there, and afterwards take them from the
District.
5. Congress shall have no power to prohibit or hinder the
transportation of slaves from one State to another, or the Territory
in which slaves are by law permitted to be held, whether that
transportation be by land, navigable rivers, or by seas.
6. In addition to the fugitive slave clause, provide that when a slave
has been demanded of the Executive authority of the State to which he
has fled, if he is not delivered, and the owner permitted to carry him
out of the State in peace, the State so failing to deliver, shall pay
to the owner the value of such slave, and such damages as he may have
sustained in attempting to reclaim his slave, and secure his right of
action in the Supreme Court of the United States, with execution
against the property of such State and the individuals thereof.
7. No future amendment of the Constitution shall affect the six
preceding articles, nor the third paragraph of the second section of
the first article of the Constitution, nor the third paragraph of the
second section of the fourth article of the Constitution; and no
amendments shall be made to the Constitution which will authorize or
give to Congress any power to abolish or interfere with slavery in any
of the States by whose laws it is, or may be allowed or permitted.
8. That slave property shall be rendered secure in transit through, or
whilst temporarily sojourning in, non-slaveholding States or
Territories, or in the District of Columbia.
9. An amendment to the effect that all fugitives are to be deemed
those offending the laws within the jurisdiction of the State, and who
escape therefrom to other States; and that it is the duty of each
State to suppress armed invasion of another State.
_Resolved_, That said Convention of the slaveholding States having
agreed upon a basis of adjustment satisfactory to themselves, should,
in the opinion of this General Assembly, refer it to a Convention of
all the States, slaveholding and non-slaveholding, in the manner
following:
It should invite all States friendly to such plan of adjustment, to
elect delegates in such manner as to reflect the popular will, to
assemble in a Constitutional Convention of all the States North and
South, to be held at Richmond, Virginia, on the ---- day of February,
1861, to revise and perfect such plan of adjustment, for its reference
for final ratification and adoption by a Convention of the States
respectively.
_Resolved_, That should a plan of adjustment, satisfactory to the
South, not be acceded to by a requisite number of States to perfect
amendments to the Constitution of the United States, it is the opinion
of this General Assembly that the slaveholding States should adopt for
themselves the Constitution of the United States, with such
amendments as may be satisfactory to the slaveholding States, and that
they should invite into the Union with them all States of the North
which are willing to abide such amended Constitution and frame of
Government, severing at once all connections with States refusing such
reasonable guarantees to our future safety; such renewed conditions of
Federal Union being first submitted for ratification to Convention of
all the States respectively.
_Resolved_, That the Governor of the State of Tennessee furnish copies
of these resolutions immediately to the Governors of the
non-slaveholding States.
OHIO.
JOINT RESOLUTIONS _of the General Assembly of the State of Ohio,
relative to the appointment of Commissioners to the Convention to meet
in Washington on the 4th of February, proximo. Passed, January 30,
1861._
WHEREAS, The Commonwealth of Virginia has appointed five Commissioners
to meet in the City of Washington on the fourth day of February next,
with similar Commissioners from other States, and after full and free
conference to agree, if practicable, upon some adjustment of the
unhappy difficulties now dividing our country, which may be alike
satisfactory and honorable to the States concerned; therefore be it
_Resolved, by the General Assembly of the State of Ohio_, That the
Governor, by and with the advice and consent of the Senate, be and he
is hereby authorized and empowered to appoint five Commissioners to
represent the State of Ohio in said Conference.
_Resolved_, That while we are not prepared to assent to the terms of
settlement proposed by Virginia, and are fully satisfied that the
Constitution of the United States as it is, if fairly interpreted and
obeyed by all sections of our country, contains ample provisions
within itself for the correction of all evils complained, yet a
disposition to reciprocate the patriotic spirit of a sister State, and
a sincere desire to have harmoniously adjusted all differences between
us, induce us to favor the appointment of the Commission as requested.
_Resolved_, That the Governor be requested to transmit without delay a
copy of these Resolutions to each of the Commissioners to be appointed
as aforesaid, to the end that they may repair to the City of
Washington, on the day hereinbefore named, to meet such Commissioners
as may be appointed by any of the States in accordance with the
aforesaid propositions of Virginia.
_Resolved_, That in the opinion of this General Assembly, it will be
wise and expedient to adjourn the proposed Convention to a later day,
and that the Commissioners to be appointed as aforesaid, are requested
to use their influence in procuring an adjournment to the fourth day
of April next.
KENTUCKY.
RESOLUTIONS _appointing Commissioners to attend a Conference at
Washington City, February 4th, in accordance with the invitation of
the Virginia Legislature._
WHEREAS, The General Assembly of Virginia, with a view to make an
effort to preserve the Union and the Constitution in the spirit in
which they were established by the Fathers of the Republic, have, by
resolution, invited all the States who are willing to unite with her
in an earnest effort to adjust the present unhappy controversies, to
appoint Commissioners to meet on the 4th of February next, to
consider, and if practicable, agree upon some suitable adjustment--
_Resolved_, That we heartily accept the invitation of our Old Mother
Virginia, and that the following six Commissioners, viz.: Wm. O.
Butler, James B. Clay, Joshua F. Bell, C.S. Morehead, James Guthrie,
and Chas. A. Wickliffe, be appointed to represent the State of
Kentucky in the contemplated Convention, whose duty it shall be to
repair to the City of Washington, on the day designated, to meet such
Commissioners as may be appointed by any of the States in accordance
with the foregoing invitation.
_Resolved_, That if said Commissioners shall agree upon any plan of
adjustment requiring amendments to the Federal Constitution, they be
requested to communicate the proposed amendments to Congress, for the
purpose of having the same submitted by that body, according to the
forms of the Constitution, to the several States for ratification.
_Resolved_, That if said Commissioners cannot agree on an adjustment,
or if agreeing, Congress shall refuse to submit for ratification such
amendments as they may propose, the Commissioners of this State shall
immediately communicate the result to the Executive of this
Commonwealth, to be by him laid before this General Assembly.
_Resolved_, That in the opinion of the General Assembly of Kentucky,
the propositions embraced in the resolutions presented to the Senate
of the United States by the Hon. JOHN J. CRITTENDEN, so construed,
that the first article proposed as an amendment to the Constitution of
the United States shall apply to all the territory of the United
States now held or hereafter acquired south of latitude 36° 30´, and
provide that slavery of the African race shall be effectually
protected as property therein during the continuance of the
Territorial Government; and the fourth article shall secure to the
owners of slaves the right of transit with their slaves between and
through the non-slaveholding States and Territories, constitute the
basis of such an adjustment of the unhappy controversy which now
divides the States of this Confederacy, as would be acceptable to the
people of this Commonwealth.
_Resolved_, That the Governor be, and he is hereby requested to
communicate information of the foregoing appointment to the
Commissioners above named, at as early a day as practicable, and that
he also communicate copies of the foregoing resolutions to the
Executive of the respective States.
INDIANA.
A JOINT RESOLUTION _authorizing the Governor to appoint Commissioners
to meet those sent by other States in Convention on the state of the
Union._
WHEREAS, The State of Virginia has transmitted to this State
resolutions adopted by her General Assembly, inviting all such States
as are willing to unite with her in an earnest effort to adjust the
unhappy controversies, in the spirit in which the Constitution was
originally formed, to send Commissioners to meet those appointed by
that State in Convention, to be held in the City of Washington, on the
fourth day of February next, to consider, and if possible, to agree
upon some suitable adjustment.
And whereas, some of the States to which invitations were extended by
the State of Virginia have already responded and appointed their
Commissioners; therefore,
_Resolved, by the General Assembly of the State of Indiana_, That we
accept the invitation of the State of Virginia, in the true spirit of
fraternal feeling, and that the Governor of the State is hereby
directed and empowered to appoint five Commissioners to meet the
Commissioners appointed by our sister States, to consult upon the
unhappy differences now dividing the country; but the said
Commissioners shall take no action that will commit this State until
_nineteen_ of the States are represented, nor without first having
communicated with this General Assembly in regard to such action, and
having received the authority of the same so to commit the State.
_Resolved_, That while we are not prepared to assent to the terms of
settlement proposed by the State of Virginia, and are fully satisfied
that the Constitution, if fairly interpreted and obeyed, contains
ample provisions within itself for the correction of the evils
complained of; still, with a disposition to reciprocate the patriotic
desire of the State of Virginia, and to have harmoniously adjusted all
differences existing between the States of the Union, this General
Assembly is induced to respond to the invitation of Virginia, by the
appointment of the Commissioners herein provided for; but as the time
fixed for the Convention to assemble is so near at hand that the
States cannot all be represented, it is expected that the
Commissioners on behalf of this State will insist that the Convention
adjourn until such time as the States shall have an opportunity of
being represented.
_Resolved_, That his Excellency, the Governor, be requested to
transmit copies of these resolutions to the Executives of each of the
States of the Union.
DELAWARE.
JOINT RESOLUTIONS _appointing Commissioners._
WHEREAS, The State of Virginia has recommended the holding of a
Convention of Delegates from all the States of the Union, at the City
of Washington, on the fourth day of February next, for the purpose of
taking into consideration and perfecting some plan of adjusting the
matters in controversy now so unhappily subsisting in the family of
States, and has appointed five Commissioners to represent the people
of that Commonwealth in said Convention; and
_Whereas_, the people of the State of Delaware regard the preservation
of the Union as paramount to any political consideration, and are
fixed in their determination that Delaware, the first to adopt the
Federal Constitution, will be the last to do any act tending to
destroy the integrity of the Union; therefore,
_Be it resolved by the Senate and House of Representatives of the
State of Delaware in General Assembly met_, That the Hon. George B.
Rodney, Daniel M. Bates, Esq., Dr. Henry Ridgely, Hon. John W.
Houston, and William Cannon, Esq., be, and they are hereby appointed
Commissioners, on behalf of the State of Delaware, to represent the
people of said State in the Convention to be held at Washington, on
the fourth day of February next.
_Resolved_, That in the opinion of this General Assembly, the people
of Delaware are thoroughly devoted to the perpetuity of the Union, and
that the Commissioners appointed by the foregoing resolution are
expected to emulate the example set by the immortal patriots who
framed the Federal Constitution, by sacrificing all minor
considerations upon the altar of the Union.
_Resolved, further_, That it shall be the duty of the Secretary of
State to furnish a copy of the above preamble and resolutions to each
of the Commissioners herein and hereby appointed, duly attested under
the great seal of the State.
_Resolved, further_, That immediately upon the adoption of the
foregoing preamble and resolutions, it shall be the duty of the Clerk
of the House to transmit to the Secretary of State a copy thereof,
certified by him; and when the Secretary of State shall have received
said copy so certified, it shall be evidence that said preamble and
resolutions were duly adopted by this General Assembly.
ILLINOIS.
WHEREAS, resolutions of the State of Virginia have been communicated
to the General Assembly of this State, proposing the appointment of
Commissioners by the several States to meet in Convention, on the
fourth day of February, A.D. 1861, at Washington.
_Resolved by the Senate, the House of Representatives concurring
herein_, That with the earnest desire for the return of harmony and
kind relations among all our sister States, and out of respect to the
Commonwealth of Virginia, the Governor of this State be requested to
appoint five Commissioners on the part of the State of Illinois, to
confer and consult with the Commissioners of other States who shall
meet at Washington: _Provided_, That said Commissioners shall at all
times be subject to the control of the General Assembly of the State
of Illinois.
_Resolved_, That the appointment of Commissioners by the State of
Illinois, in response to the invitation of the State of Virginia, is
_not_ an expression of opinion on the part of this State that any
amendment of the Federal Constitution is requisite to secure to the
people of the slaveholding States adequate guarantees for the security
of their rights, nor an approval of the basis of settlement of our
difficulties proposed by the State of Virginia, but it is an
expression of our willingness to unite with the State of Virginia in
an earnest effort to adjust the present unhappy controversies in the
spirit in which the Constitution was originally formed, and
consistently with its principles.
_Resolved_, That while we are willing to appoint Commissioners to meet
in convention with those of other States for consultation upon matters
which at present distract our harmony as a nation, we also insist that
the appropriate and constitutional method of considering and acting
upon the grievances complained of by our sister States, would be by
the call of a Convention for the amendment of the Constitution in the
manner contemplated by the fifth article of that instrument; and if
the States deeming themselves aggrieved, shall request Congress to
call such Convention, the Legislature of Illinois will and does concur
in such call.
NEW JERSEY.
JOINT RESOLUTIONS _in relation to the Union of the States._
WHEREAS, the people of New Jersey, conforming to the opinion of "the
Father of his Country," consider the unity of the Government, which
constitutes the people of the United States one people, a main pillar
in the edifice of their independence, the support of their
tranquillity at home and peace abroad, of their prosperity, and of
that liberty which they so highly prize; and properly estimating the
immense value of their National Union to their individual happiness,
they cherish a cordial, habitual, and immovable attachment to it as
the palladium of their political safety and prosperity; therefore,
1. _Be it resolved by the Senate and General Assembly of the State of
New Jersey_, That it is the duty of every good citizen, in all
suitable and proper ways, to stand by and sustain the Union of the
States as transmitted to us by our fathers.
2. _And be it resolved_, That the Government of the United States is a
National Government, and the Union it was designed to perfect is not a
mere compact or league; and that the Constitution was adopted in a
spirit of mutual compromise and concession by the people of the United
States, and can only be preserved by the constant recognition of that
spirit.
3. _And be it resolved_, That however undoubted may be the right of
the General Government to maintain its authority and enforce its laws
over all parts of the country, it is equally certain that forbearance
and compromise are indispensable at this crisis to the perpetuity of
the Union, and that it is the dictate of reason, wisdom, and
patriotism, peacefully to adjust whatever differences exist between
the different sections of the country.
4. _And be it resolved_, That the resolutions and propositions
submitted to the Senate of the United States by the Honorable John J.
Crittenden, of Kentucky, for the compromise of the questions in
dispute between the people of the northern and of the southern States,
or any other constitutional method that will permanently settle the
question of slavery, will be acceptable to the people of the State of
New Jersey, and the Senators and Representatives in Congress from New
Jersey be requested and earnestly urged to support those resolutions
and propositions.
5. _And be it resolved_, That as the Union of the States is in
imminent danger unless the remedies before suggested be speedily
adopted, then, as a last resort, the State of New Jersey hereby makes
application, according to the terms of the Constitution, of the
Congress of the United States, to call a Convention (of the United
States) to propose amendments to said Constitution.
6. _And be it resolved_, That such of the States as have in force laws
which interfere with the constitutional rights of citizens of the
other States, either in regard to their persons or property, or which
militate against the just construction of that part of the
Constitution that provides that "the citizens of each State shall be
entitled to all the privileges and immunities of citizens in the
several States," are earnestly urged and requested, for the sake of
peace and the Union, to repeal all such laws.
7. _And be it resolved_, That his Excellency Charles S. Olden, Peter
D. Vroom, Robert F. Stockton, Benjamin Williamson, Joseph F. Randolph,
Frederick T. Frelinghuysen, Rodman M. Price, William O. Alexander, and
Thomas J. Stryker, be appointed Commissioners to confer with Congress
and our sister States, and urge upon them the importance of carrying
into effect the principles and objects of the foregoing resolutions.
8. _And be it resolved_, That the Commissioners above named, in
addition to their other powers, be authorized to meet with those now
or hereafter to be appointed by our sister State of Virginia, and such
Commissioners of other States as have been, or may be hereafter
appointed, to meet at Washington on the fourth day of February next.
9. _And be it resolved_, That copies of the foregoing resolutions be
sent to the President of the Senate and Speaker of the House of
Representatives of the United States, and to the Senators and
Representatives in Congress from New Jersey, and to the Governors of
the several States.
NEW YORK.
CONCURRENT RESOLUTIONS _appointing Commissioners from this State to
meet Commissioners from other States at Washington, on invitation of
Virginia._
WHEREAS, the State of Virginia, by resolutions of her General
Assembly, passed the 19th instant, has invited such of the
slaveholding and non-slaveholding States as are willing to unite with
her, to meet at Washington, on the fourth of February next, to
consider, and, if practicable, agree on some suitable adjustment of
our national difficulties; and whereas, the people of New York, while
they hold the opinion that the Constitution of the United States, as
it is, contains all needful guarantees for the rights of the States,
are nevertheless ready, at all times, to confer with their brethren
upon all alleged grievances; and to do all that can justly be required
of them to allay discontent; therefore
_Resolved_, That David Dudley Field, William Curtis Noyes, James S.
Wadsworth, James O. Smith, Amaziah B. James, Erastus Corning, Addison
Gardiner, Greene O. Bronson, William E. Dodge, Ex-Governor John A.
King, and Major-General John E. Wool, be and are hereby appointed
Commissioners, on the part of this State, to meet Commissioners from
other States, in the City of Washington, on the fourth day of February
next, or so soon thereafter as Commissioners shall be appointed by a
majority of the States of the Union, to confer with them upon the
complaints of any part of the country, and to suggest such remedies
therefor as to them shall seem fit and proper; but the said
Commissioners shall at all times be subject to the control of this
Legislature, and shall cast five votes to be determined by a majority
of their number.
_Resolved_, That in thus acceding to the request of Virginia, it is
not to be understood that this Legislature approves of the
propositions submitted by the General Assembly of that State, or
concedes the propriety of their adoption by the proposed Convention.
But while adhering to the position she has heretofore occupied, New
York will not reject an invitation to a conference, which, by bringing
together the men of both sections, holds out the possibility of an
honorable settlement of our national difficulties, and the restoration
of peace and harmony to the country.
_Resolved_, That the Governor be requested to transmit a copy of the
foregoing resolutions to the Executive of the several States, and also
to the President of the United States, and to inform the Commissioners
without delay of their appointment.
_Resolved_, That the foregoing resolutions be transmitted to the
honorable the Senate, with a request that they concur therein.
PENNSYLVANIA.
RESOLUTIONS _to appoint Commissioners to a Convention of the States._
WHEREAS, the Legislature of the State of Virginia has invited a
meeting of Commissioners from the several States of this Union, to be
held in the City of Washington, on the fourth day of February next, to
consider, and if practicable, agree upon some suitable adjustment of
the unhappy differences which now disturb the business of the country
and threaten the dissolution of this Union:
_And whereas_, in the opinion of this Legislature, no reasonable cause
exists for this extraordinary excitement which now pervades some of
the States, in relation to their domestic institutions, and while
Pennsylvania still adheres to, and cannot surrender the principles
which she has always entertained on the subject of slavery, this
Legislature is willing to accept the invitation of Virginia, and unite
with her in an earnest effort to restore the peace of the country, by
such means as may be consistent with the principles upon which the
Constitution is founded; therefore,
_Resolved by the Senate and House of Representatives of the
Commonwealth of Pennsylvania in General Assembly met_, That the
invitation of the Legislature of Virginia to her sister States, for
the appointment of Commissioners to meet in the City of Washington, on
the fourth of February next, be and the same is hereby accepted; and
that the Governor be, and he is hereby authorized to appoint seven
Commissioners for the State of Pennsylvania, whose duty it shall be to
repair to the City of Washington on the day designated, to meet such
Commissioners as may be appointed by any other States which have not
authorized or sanctioned the seizure of the forts, arsenals, or other
property of the United States, to consider, and if possible, to agree
upon suitable measures for the prompt and final settlement of the
difficulties which now exist: _Provided_, That the said Commissioners
shall be subject, in all their proceedings, to the instructions of
this Legislature.
_Resolved_, That in the opinion of this Legislature, the people of
Pennsylvania do not desire any alteration or amendment of the
Constitution of the United States, and any recommendation from this
body to that effect, while it does not come within its appropriate and
legitimate duties, would not meet with their approval; that
Pennsylvania will cordially unite with the other States of the Union
in the adoption of any proper constitutional measures adequate to
guarantee and secure a more strict and faithful observance of the
second section of the fourth article of the Constitution of the United
States, which provides, among other things, that "the citizens of each
State shall be entitled to all privileges and immunities of citizens
of the several States," and that no person held to service or labor in
one State under the law thereof, escaping into another, shall in
consequence of any law or regulation therein, be discharged from such
service or labor, but shall be delivered up on the claim of the party
to whom such service or labor may be due.
MASSACHUSETTS.
RESOLVE _for the appointment of Commissioners to attend a Convention
to be held in the City of Washington._
WHEREAS, the Commonwealth of Massachusetts is desirous of a full and
free conference with the General Government, and with any or all of
the other States of the Union, at any time and on every occasion when
such conference may promote the welfare of the country; and whereas,
questions of grave moment have arisen touching the powers of the
Government and the relations between the different States of the
Union; and whereas, the State of Virginia has expressed a desire to
meet her sister States in Convention at Washington; therefore,
_Resolved_, That the Governor of this Commonwealth, by and with the
advice and consent of the Council, be and he hereby is authorized to
appoint seven persons as Commissioners, to proceed to Washington to
confer with the General Government, or with the separate States, or
with any association of delegates from such States, and to report
their doings to the Legislature at its present session; it being
expressly declared that their acts shall be at all times under the
control, and subject to the approval or rejection of the Legislature.
RHODE ISLAND.
WHEREAS, the General Assembly of the Commonwealth of Virginia, on the
19th day of January inst., adopted resolutions inviting the sister
States of this Union to appoint Commissioners to meet on the fourth
day of February next, in the City of Washington, to consider the
practicability of agreeing on terms of adjustment of our present
national troubles:
_Resolved_, That the Governor be, and he is hereby authorized to
appoint five Commissioners, on the part of this State, to meet such
Commissioners as may be appointed by other States, in the City of
Washington, on the fourth day of February next, to consider and, if
practicable, agree upon some amicable adjustment of the present
unhappy national difficulties, upon the basis and in the spirit of the
Constitution of the United States.
MISSOURI.
JOINT RESOLUTION _to appoint Commissioners._
_Resolved by the House of Representatives, the Senate concurring
therein_, That Waldo P. Johnson, John D. Coalter, A.W. Doniphan,
Harrison Hough, and A.H. Buckner be appointed Commissioners on the
part of the State of Missouri, to meet Commissioners from Virginia,
and other States, in Convention at Washington City, on the 4th of
February, 1861, to endeavor to agree upon some plan of adjustment of
existing difficulties, so as to preserve or to reconstruct the Union
of these States, and to secure the honor and equal rights of the
slaveholding States. Said Commissioners shall always be under the
control of the General Assembly, except when the State Convention
shall be in session, during which time they shall be under the control
of the Convention.
No. II.
The following is a corrected list of the Delegates to the Conference,
with their respective post office address.
MAINE.--William P. Fessenden, _Biddeford_; Lot M. Morrill; Daniel E.
Somes, _Biddeford_; John J. Perry, _Oxford_; Ezra B. French,
_Damariscotta_; Freeman H. Morse, _Bath_; Stephen Coburn; Stephen C.
Foster, _Pembroke_.
NEW HAMPSHIRE.--Amos Tuck, _Exeter_; Levi Chamberlain; Asa Fowler,
_Concord_.
VERMONT.--Hiland Hall, _North Bennington_; Levi Underwood,
_Burlington_; H. Henry Baxter, _Rutland_; L.E. Chittenden,
_Burlington_; B.D. Harris, _Brattleboro'_.
MASSACHUSETTS.--John Z. Goodrich, _Stockbridge_; Charles Allen,
_Worcester_; George S. Boutwell, _Groton_; Theophilus P. Chandler,
_Boston_; Francis B. Crowninshield, _Boston_; John M. Forbes, _Salem_;
Richard P. Waters, _Salem_.
RHODE ISLAND.--Samuel Ames, _Providence_; Alexander Duncan,
_Providence_; William W. Hoppin, _Providence_; George H. Browne,
_Providence_; Samuel G. Arnold, _Providence_.
CONNECTICUT.--Roger S. Baldwin, _Windham_; Chauncey F. Cleveland;
Charles J. McCurdy, _Lyme_; James T. Pratt; Robbins Battell; Amos S.
Treat, _Bridgeport_.
NEW YORK.--David Dudley Field, _New York_; William Curtis Noyes, _New
York_; James S. Wadsworth, _Geneseo_; James C. Smith, _Canandaigua_;
Amaziah B. James, _Ogdensburg_; Erastus Corning, _Albany_; Francis
Granger, _Canandaigua_; Greene C. Bronson, _New York_; William E.
Dodge, _New York_; John A. King, _Jamaica_; John E. Wool, _Troy_.
NEW JERSEY.--Charles S. Olden, _Princeton_; Peter D. Vroom, _Trenton_;
Robert F. Stockton, _Princeton_; Benjamin Williamson, _Elizabeth_;
Joseph F. Randolph, _Trenton_; Frederick T. Frelinghuysen, _Newark_;
Rodman M. Price, _Harrison, Hudson Co._; William C. Alexander, _P.O.,
92 Broadway, N.Y._; Thomas J. Stryker, _Trenton_.
PENNSYLVANIA.--James Pollock, _Milton_; William M. Meredith,
_Philadelphia_; David Wilmot, _Towanda_; A.W. Loomis, _Pittsburg_;
Thomas E. Franklin, _Lancaster_; William McKennan, _Washington_;
Thomas White, _Indiana_.
DELAWARE.--George B. Rodney, _Newcastle_; Daniel M. Bates,
_Wilmington_; Henry Ridgely, _Dover_; John W. Houston, _Milford_;
William Cannon, _Bridgeville_.
MARYLAND.--John F. Dent, _Milestown_; Reverdy Johnson, _Baltimore_;
John W. Crisfield, _Princess Ann_; Augustus W. Bradford, _Govanstown_;
William T. Goldsborough, _Cambridge_; J. Dixon Roman, _Hagerstown_;
Benjamin C. Howard, _Catonsville_.
VIRGINIA.--John Tyler, _Sherwood Forest_; William C. Rives; John W.
Brockenbrough, _Lexington_; George W. Summers, _Kanawha C.H._; James
A. Seddon, _Goochland_.
NORTH CAROLINA.--George Davis, _Wilmington_; Thomas Ruffin, _Graham_;
David S. Reid, _Pleasantville_; D.M. Barringer, _Raleigh_; J.M.
Morehead, _Greenboro'_.
TENNESSEE.--Samuel Milligan, _Greenville_; Josiah M. Anderson, _Walnut
Valley_; Robert L. Carruthers, _Lebanon_; Thomas Martin, _Pulaski_;
Isaac R. Hawkins, _Huntington_; A.W.O. Totten, _Jackson_; R.J.
McKinney, _Knoxville_; Alvin Cullom, _Livingston_; William P.
Hickerson, _Manchester_; George W. Jones, _Fayetteville_; F.K.
Zollicoffer, _Nashville_; William H. Stephens, _Jackson_.
KENTUCKY.--William O. Butler, _Carrollton_; James B. Clay, _Ashland_;
Joshua F. Bell, _Danville_; Charles S. Morehead, _Louisville_; James
Guthrie, _Louisville_; Charles A. Wickliffe, _Bardstown_.
MISSOURI.--John D. Coalter, _St. Louis_; Alexander W. Doniphan,
_Liberty_; Waldo P. Johnson, _Osceola_; Aylett H. Buckner, _Bowling
Green_; Harrison Hough, _Charleston_.
OHIO.--Salmon P. Chase, _Columbus_; William S. Groesbeck,
_Cincinnati_; Franklin T. Backus, _Cleveland_; Reuben Hitchcock,
_Cleveland_; Thomas Ewing, _Lancaster_; V.B. Horton, _Pomeroy_; C.P.
Wolcott, _Akron_.
INDIANA.--Caleb B. Smith, _Indianapolis_; Pleasant A. Hackleman,
_Rushville_; Godlove S. Orth, _Lafayette_; E.W.H. Ellis, _Goshen_;
Thomas C. Slaughter, _Corydon_.
ILLINOIS.--John Wood, _Quincy_; Stephen T. Logan, _Springfield_; John
M. Palmer, _Carlinville_; Burton C. Cook, _Ottowa_; Thomas J. Turner,
_Freeport_.
IOWA.--James Harlan, _Mt. Pleasant_; James W. Grimes, _Burlington_;
Samuel H. Curtis, _Keokuk_; William Vandever, _Dubuque_.
KANSAS.--Thomas Ewing, jr., _Leavenworth_; J.C. Stone, _Leavenworth_;
H.J. Adams, _Leavenworth_; M.F. Conway, _Lawrence_.
No. III.
In the United States Senate, February 27th, 1861, while the Army
Appropriation bill was under consideration, proceedings relating to
the Peace Conference were opened as follows:
Mr. POWELL:--Is it in order to move to postpone this bill and take up
another?
The PRESIDING OFFICER:--The Chair believes it is in order.
Mr. POWELL:--I move to postpone the Army bill for the purpose of
taking up the resolutions to amend the Constitution proposed by my
colleague. For several weeks Senators have declined to make an effort
to call up the propositions of my colleague, for the reason that
certain Peace Commissioners were in session in this capital, convened
at the call of the State of Virginia. I am confident now that that
Commission, or Peace Congress, or Conference, or whatever you may call
it, will not accomplish any thing. Indeed, certain facts have fallen
under my notice, that cause me to believe that it has been the fixed
purpose of certain Republicans that that Conference should not
accomplish any thing. I believe, sir, that certain commissioners from
States of this Union have been brought into that Conference for the
purpose of preventing them from agreeing on any thing. I have thought
that for some time past. A friend sent to me yesterday the Detroit
_Free Press_, containing two letters from the distinguished Senators
from the State of Michigan to their Governor, which, I think, clearly
and fully establish the fact that the Republicans, a portion of them
at least, instead of sending commissioners to that Conference with a
view to inaugurate something that would compromise the difficulties by
which we are surrounded, and save this country from ruin, have
absolutely been engaged in the work of sending delegates there to
prevent that commission from doing any thing. I send this paper to the
desk, and ask the Secretary to read these letters.
The Secretary read as follows:
WASHINGTON, _February 15th, 1861._
DEAR SIR: When Virginia proposed a Convention in Washington,
in reference to the disturbed condition of the country, I
regarded it as another effort to debauch the public mind,
and a step toward obtaining that concession which the
imperious slave power so insolently demands. I have no doubt
at present but that was the design. I was therefore pleased
that the Legislature of Michigan was not disposed to put
herself in a position to be controlled by such influences.
The Convention has met here, and within a few days the
aspect of things has materially changed. Every free State, I
think, except Michigan and Wisconsin, is represented; and we
have been assured by friends upon whom we can rely, that if
those two States should send delegations of true,
unflinching men, there would probably be a majority in favor
of the Constitution as it is, who would frown down rebellion
by the enforcement of laws. These friends have urged us to
recommend the appointment of delegates from our State; and,
in compliance with their request, Mr. CHANDLER and myself
telegraphed to you last night. It cannot be doubted that the
recommendations of this Convention will have a very
considerable influence upon the public mind, and upon the
action of Congress.
I have a great disinclination to any interference with what
should properly be submitted to the wisdom and discretion
of the Legislature, in which I place great reliance; but I
hope I shall be pardoned for suggesting that it may be
justifiable and proper, by any honorable means, to avert the
lasting disgrace which will attach to a free people who, by
the peaceful exercise of the ballot, have just released
themselves from the tyranny of slavery, if they should now
succumb to treasonable threats, and again submit to a
degrading thraldom. If it should be deemed proper to send
delegates, I think, if they could be here by the 20th, it
would be in time.
I have the honor, with much respect, to be truly yours,
K.S. BINGHAM.
To his Excellency Governor BLAIR.
Mr. FESSENDEN:--I submit whether it is in order to go into a
discussion on this motion. If so, I suppose this must be regarded as a
part of the speech.
The PRESIDING OFFICER:--The Chair understood the discussion to be in
order. It was certainly not objected to at the time the Senator
commenced.
Mr. FESSENDEN:--It is not too late to raise the point.
The PRESIDING OFFICER:--The motion is to lay aside one bill and take
up other business; and the Chair understood the Senator from Kentucky
to be giving his reasons why he wished that to be done.
Mr. FESSENDEN:--If it is in order, of course I cannot object to it;
but I raise that question.
The PRESIDING OFFICER:--The Senator from Maine raises the question
whether this debate is in order.
Mr. POWELL:--There was no objection to my proceeding, and I suppose I
have a right to go on. I wish the letters read as part of my speech.
Mr. FESSENDEN:--There is no objection to reading them.
The PRESIDING OFFICER:--The Chair has decided that the Senator from
Kentucky is in order.
Mr. POWELL:--I have not yielded, except for the purpose of reading
these letters.
The PRESIDING OFFICER:--Is an appeal taken from the decision of the
Chair?
Mr. FESSENDEN:--I take no appeal.
The Secretary read as follows:
WASHINGTON, _February 11th, 1861._
MY DEAR GOVERNOR: Governor BINGHAM and myself telegraphed
you on Saturday, at the request of Massachusetts and New
York, to send delegates to the Peace or Compromise Congress.
They admit that we were right and that they were wrong; that
no Republican State should have sent delegates; but they are
here and cannot get away. Ohio, Indiana, and Rhode Island
are caving in, and there is danger of Illinois; and now they
beg us, for God's sake, to come to their rescue, and save
the Republican party from rupture. I hope you will send
_stiff-backed_ men, or none. The whole thing was gotten up
against my judgment and advice, and will end in thin smoke.
Still, I hope as a matter of courtesy to some of our erring
brethren, that you will send the delegates.
Truly your friend,
Z. CHANDLER.
His Excellency AUSTIN BLAIR.
P.S.--Some of the manufacturing States think that a fight
would be awful. Without a little blood-letting this Union
will not, in my estimation, be worth a rush.
Mr. POWELL:--I think it evident from these letters, that there is, and
has been, a fixed purpose in certain quarters, that the Peace
Conference should do nothing. Indeed, it seems, from the letter of the
Senator from Michigan [Mr. CHANDLER], that while he opposed any
Republican State going into this Conference, yet, as some of them were
there, and Indiana, and Illinois, and Ohio, and Rhode Island were
about to cave in, on the advice of Massachusetts and New York he asked
Michigan to come in and relieve them, and save the Republican party
from rupture. Is it possible that the Republican party is to be saved,
even if the Union be destroyed? It is very evident that those
"stiff-backed" gentlemen were to be sent here in order to prevent any
compromise being presented. The object, then, as I stated, on the part
of certain members on the other side of the Chamber, has been to send
delegates to the Conference for the purpose of preventing any
compromise measures being proposed by that body. They desire, in the
language of these letters, to save their party from destruction. They
say that if the Conference should agree on any thing, it would have a
demoralizing effect upon the people, and upon the two Houses of
Congress. In one word, it will have the effect to make a rupture in
the Republican party, which, in the estimation of the Senators, is
higher, holier, and better, it seems, than the Union.
In consequence of this fact being apparent, that it is not the design
or the intention that the Peace Conference should do any thing, I
think we should not wait for it any longer, but the Senate should
proceed at once to the consideration of the amendments to the
Constitution proposed by my colleague. I think we had better be
engaged in that work--one that is calculated, if the propositions of
my colleague should pass, in my opinion, to save the country from
further disintegration. I think we had better be at that, than be
appropriating money to support an Army that is to be engaged, it
seems, in the work of blood-letting. The Senator from Michigan thinks
the Government is not worth a rush until it shall have drawn a little
blood. I hope my motion will prevail, and that we shall lay this bill
aside and proceed to the consideration of the measures proposed by my
colleague.
Mr. CHANDLER:--The Senator from Kentucky has read what purports to be
a short note that I sent the other day to the Governor of Michigan.
Whether it is a correct copy or not, I cannot say; I kept no copy of
it, nor do I care.
Mr. POWELL:--If the Senator will allow me one word, I will state to
the Senate that, when I received this paper, yesterday--
Mr. CHANDLER:--I was about to state that.
Mr. POWELL:--I asked both the Senators if the letters were right. They
told me they kept no copies, but they believed they were substantially
so.
Mr. CHANDLER:--I was going to say that. Now, sir, I desire to answer
the Senator from Kentucky, and to set myself right on this
question--(my position from the first has been well known upon this
question, and upon most others)--but, at the earnest solicitation of
the Senator from Maine, who has charge of this bill, I will forego the
response which I intended to make, and which I shall make to the
Senator from Kentucky, for the present, for the purpose of going on
and disposing of the Army appropriation bill. At another day I propose
to give my views more at large upon these compromise measures, that
the Senator from Kentucky seems so anxious to take up at this time. I
am as anxious as he is to go into that discussion. I am anxious to go
into it. It is a question that ought to be discussed. It is a question
in which the people of Michigan take a deep interest. They are opposed
to all compromises; they do not believe that any compromise is
necessary; nor do I. They are prepared to stand by the Constitution of
the United States as it is; to stand by the Government as it is; ay,
sir, to stand by it to blood, if necessary.
Mr. POWELL:--I ask for the yeas and nays on my motion.
The yeas and nays were ordered.
Mr. MASON:--I ask the general permission of the Senate to give notice
that at three o'clock I shall move to go into executive session; and
if it is not agreed to, I shall then ask that the galleries may be
cleared, for the purpose of disclosing what I consider ought to be
passed on in executive session.
Mr. JOHNSON, of Tennessee:--If I can obtain the attention of the
Senator from Kentucky, I wish to make a suggestion. Those resolutions,
as I understood, went over until last Monday at one o'clock, and were
then to be taken up and considered. I do not know whether the motion
was made in that way, or whether it was an informal understanding that
they should be taken up last Monday for consideration; but as the Army
bill is now under consideration, and the time is growing short, would
it not be better to have a night session, and postpone the subject
until seven o'clock this evening, and let it be taken up at that time;
and then let this other bill go on to-day? Those who want to make
speeches on those resolutions could do it to-night; we should thus
save time and expedite business.
Mr. FESSENDEN:--I think the Senator from Virginia has given an
additional very good reason for taking up the Army bill, and going
through with it; and not postponing it for speeches at the present
time.
The question being taken by yeas and nays, resulted--yeas 17, nays 27;
as follows:
YEAS.--Messrs. Bayard, Bigler, Bragg, Bright, Clingman,
Douglas, Fitch, Gwin, Hunter, Johnson of Tennessee, Kennedy,
Lane, Latham, Mason, Polk, Powell, and Rice--17.
NAYS.--Messrs. Anthony, Baker, Bingham, Cameron, Chandler,
Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot,
Foster, Grimes, Hale, Harlan, King, Morrill, Pearce, Seward,
Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and
Wilson--27.
So the motion to postpone the Army bill, in order to take up the
resolutions of Mr. CRITTENDEN, was not agreed to.
Subsequently the following action, by the Senate, was taken on the
report of the Peace Conference.
The VICE-PRESIDENT:--The Chair has received a communication from
Ex-President TYLER, as President of the Conference which has been
recently sitting in this city, which he will lay before the Senate;
and also the proceedings of that body.
The Secretary read the communication, as follows:
_To the Senate of the United States:_
I am instructed, as the presiding officer of the Convention,
composed of Commissioners appointed by twenty-one States,
now in session in this city to deliberate upon the present
unhappy condition of the country, to present to your
honorable body the accompanying request and proposed
amendment.
JOHN TYLER,
_President of the Convention._
WASHINGTON, D.C., _February 27, 1861._
* * * * *
_To the Congress of the United States:_
The Convention assembled, upon the invitation of the State
of Virginia, to adjust the unhappy differences which now
disturb the peace of the Union, and threaten its
continuance, make known to the Congress of the United States
that their body convened in the City of Washington on the
fourth instant, and continued in session until the
twenty-seventh.
There were in the body, when action was taken upon that
which is here submitted, one hundred and thirty-three
Commissioners, representing the following States: 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. They have approved what is herewith submitted, and
respectfully request that your honorable body will submit it
to conventions in the States as article _thirteen_ of the
amendments to the Constitution of the United States.
Attest: J. HENRY PULESTON,
_Secretary._
* * * * *
ARTICLE XIII.
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 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.
SEC. 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.
SEC. 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.
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.