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service or labor, as it now exists, shall not , Massachusetts, North Carolina, New Hampbe changed; nor shall any law be passed by shire, Vermont-8. Congress or the Territorial Legislature to
| Mr. Guthrie next moved the adophinder or prevent the taking of such persons from any of the States of this Union to said tion of the third section of his Comterritory, nor to impair the rights arising
mittee's report; amended by the Confrom said relation; but the same shall be subject to judicial cognizance in the federal
vention so as to read as follows: courts, according to the course of the com- 5 SECTION 3. Neither the Constitution nor mon law. When any territory north or any amendment thereof shall be construed south of said line, within such boundary as to give Congress power to regulate, abolish, Congress may prescribe, shall contain a pop or control, within any State, the relation ulation equal to that required for a member established or recognized by the laws thereof Congress, it shall, if its form of govern of touching persons held to labor or in volunment be republican, be admitted into the tary service therein, nor to interfere with or Union on an equal footing with the original | abolish involuntary service in the District of States, with or without involuntary servi- | Columbia without the consent of Maryland tude, as the constitution of such State may and without the consent of the owners, or provide."
making the owners who do not consent just This proposition was affirmed" and compensation; nor the power to interfere
with or prohibit representatives and others recommended by the following vote: from bringing with them to the District of
Ays-Delaware, Illinois, Kentucky, Ma Columbia, retaining, and taking away, perryland, New Jersey, Ohio, Pennsylvania,
sons so held to labor or service; nor the Rhode Island, Tennessee-9.
power to interfere with or abolish involunNOES--Connecticut, Iowa, Maine, Massa tary service in places under the exclusive chusetts, North Carolina, New Hampshire, jurisdiction of the United States within those Vermont, Virginia–8.
States and Territories where the same is es
tablished or recognized; nor the power to New York, 12 Indiana, and Kansas
prohibit the removal or transportation of were equally divided, and so cast no persons held to labor or involuntary service vote. The section was declared
in any State or Territory of the United States
to any other State or Territory thereof adopted.
where it is established or recognized by law The second section had been so
or usage; and the right during transporta
tion, by sea or river, of touching at ports, amended during the debates as to
shores, and landings, and of landing in case read as follows:
of distress, shall exist; but not the right of
transit in or through any State or Territory, "SECTION 2. No territory shall be acquired or of sale or traffic, against the laws thereof. by the United States, except by discovery, Nor shall Congress have power to authorize and for naval and commercial stations, de- / any higher rate of taxation on persons held pots, and transit-routes, without the concur
to labor or service than on land. rence of a majority of all the Senators from "The bringing into the District of ColumStates which allow involuntary servitude, bia of persons held to labor or service for and a majority of all the Senators from sale, or placing them in depots to be afterStates which prohibit that relation; nor
wards transferred to other places for sale as shall territory be acquired by treaty, unless
merchandise, is prohibited." the votes of a majority of the Senators from each class of States hereinbefore mentioned
This section was adopted by the be cast as a part of the two-thirds majority following vote-New York and Kannecessary to the ratification of such treaty.” sas not voting, because equally di
This was likewise adopted-New vided : York and Kansas being still divided Ays-Delaware, Illinois, Kentucky, Mary
| land, Missouri, New Jersey, North Carolina, ---by the following vote:
Ohio, Pennsylvania, Rhode Island, TennesAys-Delaware, Indiana, Kentucky, Mary- see, Virginia–12. land, Missouri, New Jersey, Ohio, Pennsyl- | Noss-Connecticut, Indiana, Iowa, Maine, vania, Rhode Island, Tennessee, Virginia-11. Massachusetts, New Hampshire, Vermont
Noes-Connecticut, Illinois, Iowa, Maine,
11 February 27th. 12 Through the necessary | Commissioner, Mr. David Dudley Field] leaving absence from the Conference of a Republican his colleagues five to five.
ADOPTION OF MR. GUTHRIE'S REPORT.
401 Mr. Guthrie next moved the adop- ' AysDelaware, Illinois, Kentucky, Marytion of the fourth section of the re
land, Missouri, New Jersey, Ohio, Pennsyl
vania, Rhode Island, Tennessee, Kansas-il. port, which had been so amended as Noes--Connecticut, Indiana, Iowa, Maine, to read thus:
Massachusetts, North Carolina, New Hamp66 SECTION 4. The third paragraph of the
shire, Vermont, Virginia-9. second section of the fourth article of the Mr. Guthrie next moved the adopConstitution shall not be construed to pre- tion of the seventh section of the revent any of the States, by appropriate legislation, and through the action of their judi
port; amended to read as follows: cial and ministerial officers, from enforcing “SECTION 7. Congress shall provide by the delivery of fugitives from labor to the law that the United States shall pay to the person to whom such service or labor is owner the full value of his fugitive from due."
labor, in all cases where the marshal, or This also was carried, by the fol
other officer, whose duty it was to arrest
such fugitive, was prevented from so doing lowing vote-New York and Kansas
by violence or intimidation from mobs or still equally divided :
riotous assemblages, or when, after arrest,
such fugitive was rescued by like violence Ays-Connecticut, Delaware, Illinois, In or intimidation, and the owner thereby dediana, Kentucky, Maryland, Missouri, New
prived of the same; and the acceptance of Jersey, North Carolina, Ohio, Pennsylvania,
such payment shall preclude the owner from Rhode Island, Tennessee, Vermont, Vir further claim to such fugitive. Congress ginia-15.
shall provide by law for securing to the citiNoes-Iowa, Maine, Massachusetts, New
zens of each State the privileges and immuHampshire-4.
nities of citizens in the several States." Mr. Guthrie next moved the adop- This section was adopted by the tion of the fifth section of the report, following vote-New York still diso amended as to read as follows: 1 vided : “ SECTION 5. The foreign slave trade is
Ays—Delaware, Illinois, Indiana, Keňhereby forever prohibited; and it shall be
tucky, Maryland, New Jersey, New Hampthe duty of Congress to pass laws to prevent
shire, Ohio, Pennsylvania, Rhode Island, the inportation of slaves, coolies, or persons
Tennessee, Kansas-12. held to service or labor, into the United States and the Territories from places beyond
Noes--Connecticut, Iowa, Maine, Mis
souri, North Carolina, Vermont, Virthe limits thereof.”
ginia—7. This section was adopted, as follows:
The report having been thus adopt. Ays-Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New ed by sections, Gov. Chase, of Ohio, Jersey, New York, New Hampshire, Ohio, demanded a vote upon the entire Pennsylvania, Rhode Island, Tennessee, Ver
plan of conciliation together; which mont, Kansas-16.
Noes—Iowa, Maine, Massachusetts, North President Tyler decided unnecessary, Carolina, Virginia-5.
as the whole plan had been adopted Mr. Guthrie next moved the adop- by sections. tion of the sixth section of the report; Mr. T. E. Franklin, of Pennsylvaamended thus:
nia, moved the following independent “SECTION 6. The first, third, and fifth proposition: sections, together with this section of these
“Resolved, As the sense of this Convenamendments, and the third paragraph of the second section of the first article of the Con
tion, that the highest political duty of every stitution, and the third paragraph of the
citizen of the United States is, bis allegiance second section of the fourth article thereof,
to the Federal Government created by the shall not be amended or abolished without
Constitution of the United States, and that the consent of all the States."
no State of this Union has any constitutional
right to secede therefrom, or to absolve the This was adopted by the following citizens of such State from their allegiance vote-New York again divided, and to the Government of the United States.”. not voting:
| Mr. Barringer, of North Carolina,
moved that this proposition do lie on This was adopted; and President the table; which was defeated by Tyler requested to present the 'plan 12 States to 9: but, on motion of of adjustment to Congress forthwith. Mr. Ruffin, of North Carolina, the And then the Convention adjourned consideration of Mr. Franklin's, pro- without day. position was indefinitely postponed, The above plan of conciliation was as follows:
immediately communicated by PreAys-Delaware, Kentucky, Maryland, sident Tyler to Vice-President BreckMissouri, New Jersey, North Carolina, Ohio, linnidan
inridge, who laid it before the Senate Rhode Island, Tennessee, Virginia–10. NOES-Connecticut, Illinois, Indiana,
without delay: and, on motion of Iowa, Maine, Massachusetts, Pennsylva- Mr. Crittenden, it was referred to a nia-7.
Select Committee of five, to be reMr.J. A. Seddon, of Virginia, moved ported to the Senate next day. once more his proposition, requiring Mr. Crittenden reported it accordan amendment of the Constitution, ingly.13 Gov. Seward, from the Rewhereby the assent of a majority of publican minority of said Committee, the Senators from the slaveholding presented a substitute for that proStates and a like majority of the Sena- ject, as follows: tors from the non-slaveholding States
"A joint resolution concerning a National is required to give validity to any act
Convention to propose amendments to the of the Senate, as also recognizing and Constitution of the United States. legalizing State-secession from the
“Whereas, the Legislatures of the States
of Kentucky, New Jersey, and Illinois, have Union : which was laid on the table. I applied to Congress to call a Convention for Mr. Guthrie then offered the fol proposing amendinents to the Constitution
of the United States: Therefore, lowing preämble to the propositions
“Be it resolved, etc., That the Legislawhich had been agreed to:
| tures of the other States be invited to take
| the subject into consideration, and to ex" To the Congress of the United States:
press their will on that subject to Congress, 6 The Convention assembled upon the in
in pursuance of the fifth article of the Convitation of the State of Virginia, to adjust
stitution." the unhappy differences which now disturb the peace of the Union and threaten its con
Mr. Hale, of New Hampshire, and tinuance, make known to the Congress of the United States that their body convened others, strenuously objected to a conin the city of Washington on the 4th instant, sideration of the majority report at and continued in session until the 27th. " There were in the body, when action
this time; so that its second reading was taken upon that which is here submit was postponed until next day: when, ted, one hundred and thirty-three Commis
on motion of Mr. Douglas, it was sioners, representing the following States: Maine, New Hampshire, Vermont, Massa
made the special order for noon of chusetts, Rhode Island, Connecticut, New | the day following; when Gen. JoYork, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Ten
seph Lane, of Oregon, made a long nessee, Kentucky, Missouri, Ohio, Indiana, speech against coërcion, and in Illinois, Iowa, Kansas.
favor of the Southern view of State 5. They have approved what is herewith submitted, and respectfully request that
Rights. Mr. Andrew Johnson, of your honorable body will submit it to con Tennessee, followed, speaking very ventions in the States as an article of amend
strongly and earnestly in favor of ment to the Constitution of the United States."
maintaining the Union.
13 February 28th.
THE FAILURE TO COMPROMISE.
403 At length, the Senate, on motion / was defeated—Yeas 19, Nays 20of Mr. Douglas, voted-Yeas 25; as has been stated. Nays 11–to postpone the consideration of this, in favor of the House. The proceedings of the Peace Conproposition of amendment, already ference were likewise presented to referred to, and which had passed that the House, but not acted upon in body; providing
that body--the report of the Com" that no amendment shall be made to the
mittee of Thirty-three being held Constitution which will anthorize or give to l entitled to preference. Congress the power to interfere, within any State, with the domestic institutions thereof," etc.
Thus ended in failure the more or This proposed amendment was
less earnest efforts to avert the gather
ing storm of war by some project of finally concurred in by the Senate :
Compromise or Conciliation,' to Yeas 24; Nays 12: as follows:
be enacted by Congress preliminary to YEAS—Messrs. Anthony, Baker, Bigler, its being ingrafted on the ConstituBright, Crittenden, Dixon, Douglas, Foster, Grimes, Gwin, Harlan, Hunter, Johnson, of tion. And, as it has been very wideTennessee, Kennedy, Latham, Mason, Mor ly asserted and believed that the Rerill, Nicholson, Polk, Pugh, Rice, Sebastian, publicans evinced an unbending disTen Eyck, and Thomson–24.
Nays--Messrs. Bingham, Chandler, Clark, position, stubbornly refusing to make Doolittle, Durkee, Foot, King, Sumner, Trum- any concession, any sacrifice for the bull, Wade, Wilkinson, and Wilson—12.
preservation of peace and National inAnd then the Senate returned to tegrity, it may be well to consider what the consideration of the Crittenden they actually did and proffered. The proposition, for which Mr. Clark's foregoing pages show that proposition, already given, 14 was again I. They were at all times willing, offered as a substitute, and voted and more than willing, to unite in down: Yeas 14; Nays 22.
the call of a Convention of the Finally, Mr. Crittenden moved States, which would have inherent that the Peace Conference proposi power to deal thoroughly with all tion be substituted for his own origi- the questions whereon the differences nal project of conciliation; which the termed sectional had arisen, and Senate refused, by the following vote: . wherein their opponents were mor
YEAS-Messrs. Crittenden, Douglas, Har ally certain to have a large majority lan, Johnson, of Tennessee, Kennedy, Mor- of votes. President Lincoln at an rill, and Thomson-7. Nays-Messrs. Bayard, Bigler, Bingham,
early day, Gov. Morgan, the RepubBright, Chandler, Clark, Dixon, Fessenden, licans in the Peace Conference, etc., Foot, Foster, Grimes, Gwin, Hunter, Lane,
etc., had indicated their concurrence Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, Sumner, Ten Eyck, Trumbull, in the call of a Convention. But this Wade, Wigfall, Wilkinson, and Wilson-28.' resort, though originally suggested by
So the Senate, by four to one, dis the Legislature of Kentucky, was posed of the scheme of the Peace voted down in the Peace Conference Commissioners, and proceeded to by the aid of all the Slave States revote, directly thereafter, on Mr. Crit- presented-Kentucky among them. tenden's original proposition, which II. The Republicans likewise 14 See page 382.
15 March 1, 1861.
evinced a willingness to pay for the South presented as her ultimaslaves who should be lost to their tum—“Pay us cash for every slave owners through popular interposi whom we shall hereafter lose through tion to defeat their return to bond- your repugnance to slave-hunting”age from the Free States to which the exaction would have been accethey had escaped. Mr. Tuck's prop-ded to as reasonable and just. osition in the Peace Conference,' III. The North could not, without Gov. Baldwin's, and nearly every shame and conscious guilt, consent to authentic or influential utterance diffuse and uphold Slavery on terrifrom the same side, admitted the tory that came to us free." But Gov. duty of the North, if it could no Anthony, of Rhode Island, formally longer return such fugitives, to pay offered,18 in the Senate, to unite in their value to those injured or ag- the immediate admission of New grieved by this failure to make good Mexico (which then included Arizothe constitutional stipulation. Had na) as a State, under such Constitu
16 During the preceding discussion in the Conference, Gov. S. P. Chase, of Ohio (February 6th), after stating frankly to the Southern Commissioners that those from the Free States could not surrender the principle of Slavery Restriction as to the territories, and that, if they did, it would do no good, as their constituents would disavow and repudiate them, proceeded as follows:
"Aside from the Territorial question—the question of Slavery outside of Slave States-I know of but one serious difficulty. I refer to the question concerning fugitives from service. The clause in the Constitution concerning this class of persons is regarded by almost all men, North and South, as a stipulation for the surrender to their masters of slaves escaping into Free States. The people of the Free States, however, who believe that slaveholding is wrong, cannot and will not aid in the reclamation, and the stipulation becomes therefore a dead letter. You complain of bad faith; and the complaint is retorted by denunciations of the cruelty which would drag back to bondage the poor slave who has escaped from it. You, thinking Slavery right, claim the fulfillment of the stipulation; we, thinking Slavery wrong, cannot fulfill the stipulation without consciousness of participation in wrong. Here is a real difficulty; but it seems to me not insuperable. It will not do for us to say to you, in justification of non-performance, 'The stipulation is immoral, and therefore we cannot execute it;' for you deny the immorality, and we cannot assume to judge for you. On the other hand, you ought not to exact from us the literal performance of the stipulation when you know that we cannot perform it without conscious culpability. A true solution of the difficulty seems to be attainable by regarding it as a simple case where a contract, from changed circumstances, cannot be fulfilled exactly as made. A court of equity in such a case decrees execution as near as may be. It requires the party who cannot perform to make a compensation for non-performance. Why cannot the same prin
ciple be applied to the rendition of fugitives from service? We cannot surrender-but we can compensate. Why not, then, avoid all difficulties on all sides, and show respectively good faith and good will, by providing and accepting compensation where masters reclaim escaping servants and prove their right of reclamation under the Constitution? Instead of a judgment for rendition, let there be a judgment for compensation, determined by the true value of the services, and let the same judgment assure freedom to the fugitive. The cost to the National Treasury would be as nothing in comparison with the evils of discord and strife. All parties would be gainers.”
17 Mr. Webster, in one of his latest speeches —at Buffalo, May 22, 1851-said:
"If the South wish any concession from me, they won't get it—not a hair's breadth of it. If they come to my house for it, they will not find it. I concede nothing. *** No matter what may be said at the Syracuse Convention, or any other assemblage of insane persons. I never would consent that there should be one foot of Slave Territory beyond what the old Thirteen States had at the time of the formation of the Union. Never, never! The man can't show his face to me, and prove that I ever departed from that doctrine. He would sneak away, or slink away, or hire a mercenary Heep, that he might say what a mercenary apostate from liberty Daniel Webster has become. He knows himself to be a hypocrite and a falsifier. *** All that I now say is, that, with the blessing of God, I will not now nor hereafter, before the country or the world, consent to be numbered among those who introduced new Slave Power into the Union. I will do all in my power to prevent it.”
Mr. Clay's deliberate and emphatic declaration that he would never consent nor be constrained "to vote for the positive introduction of Slavery either south or north of that line" (36° 30'), will be found on page 205.
18 See page 381.