A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 10

Mr. JOHNSON:--It is true there are different constructions which may be placed on the report. I think if it had been understood to apply to future territory, it could not have received the support of a majority of the committee. Mr. CRITTENDEN'S proposition applies to future territory. I submitted a proposition to the committee also intended to apply to future territory. A majority of the committee was opposed to it. Mr. EWING drew this part of the amendment, and there is some difference of opinion about it. In my opinion the amendment would not apply to future territory, and I intended at the proper time to offer an amendment which should make it plain, and not leave it open to construction. Personally, I should be glad to apply it to future territory, but I shall yield. I think if we can settle the question now, there will be no further trouble. I do not believe any territory will be acquired hereafter without great unanimity. It is not quite true, although it may be probable, that the future territory will be south of the line proposed.

Mr. TURNER:--I am still more confirmed that it was the intention of the committee to have the amendment only apply to existing territory.

If this is settled now, it will shorten the debate. If the gentleman will move to amend now, I will withdraw my motion.

Mr. JOHNSON:--I move to amend by inserting the word _present_ before the word _territory_ in the first line of Section I., with such other verbal amendments as may make the sense conform, and to adopt that amendment now. This covers the whole ground. I wish to discuss these amendments, but am physically unable to speak to-day, and would prefer to have the discussion deferred.

Mr. JOHNSON then moved an adjournment, which was carried on a division, and the Convention adjourned at two o'clock and fifty minutes.

ELEVENTH DAY.

WAs.h.i.+NGTON, MONDAY, _February 18th, 1861._

The Convention was opened with prayer by Rev. P.D. GURLEY.

The Journal of yesterday was read and approved.

Mr. CHITTENDEN offered the following resolution:

_Resolved_, That the rules of this Convention be so far modified as to require the Secretary to employ a competent stenographer, who shall write down and preserve accurate notes of the debates and other proceedings of this body, which notes shall not be communicated to any person, nor shall copies thereof be taken, nor shall the same be made public until after the final adjournment of this Convention, except in pursuance of a vote authorizing their publication.

Mr. CHITTENDEN:--I have no desire to occupy time in debating this resolution, much less to waste it in a fruitless attempt to oppose what seems to be the settled purpose of a majority of this Convention.

But if this body will consider the purpose which the resolution seeks to attain, it may, perhaps, be found less objectionable than other similar ones which have been defeated. The objection heretofore made is, that a publication of what transpires here would lead to an excited criticism in the country, which would be unfavorable to the calmness and ultimate success which should attend our deliberations.

While I entertain no such apprehensions, permit me to observe that this resolution contemplates no present publication of our debates, but a publication at such a time, and in such a manner, as will be un.o.bjectionable. That time may not come till after our adjournment. I am free to say, that when we are dealing with the important issues now before us, I prefer to have our action, our words, our whole conduct, all that we do and say, open and public. We should fear no criticism when we are right; we ought to be held to account when we are wrong.

But if gentlemen will not consent to this, at least let the daily record of each of us be made up now: let it be full and perfect. When a question comes up hereafter which concerns the sentiments or the action of a member, let its decision depend upon no uncertain recollection, a recollection which must fade and grow dim with each one of us, as the time of this Convention recedes into the past. Such a record can injure no one; it may be of infinite service hereafter. I could not justify myself to my conscience, or to those who have a right to hold me responsible for my acts here, if I failed to do all that lays in my power to have the true history of this Convention laid before the country. A naked journal amounts to nothing. It is a skeleton. Our discussions alone will give it form and comeliness. I have prepared this resolution upon consultation with many members, whose ideas of what should be done here agree with mine. They concur with me in the propriety of offering it. If it fails, the responsibility of keeping our discussions from the people will not rest with us.

Mr. POLLOCK:--I move to lay the resolution on the table.

Mr. CHITTENDEN:--Let the vote be taken by States.

The vote was so taken, and the following States voted in the affirmative: Connecticut, Rhode Island, New Jersey, Delaware, Maryland, Kentucky, Tennessee, North Carolina, Missouri, Virginia, and Pennsylvania--11.

The following States voted in the negative: Maine, Vermont, New Hamps.h.i.+re, Ma.s.sachusetts, Indiana, Illinois, Iowa, and New York--8.

So the motion to lay on the table prevailed.

When the State of Ohio was called, a member of her delegation stated that it was equally divided.

Mr. TUCK:--I ask the unanimous consent of the Conference to introduce a proposition in the form of an address to the people of the United States. I do so after having consulted a considerable number of members; and having found that it meets their approval, I desire to read it, and will then move that it be laid on the table and printed.

Mr. RANDOLPH:--Is the gentleman's motion in order?

Mr. EWING:--I object to the reading.

Mr. CLAY:--Certainly; I object also.

Mr. TUCK:--I will acquiesce with a single word. I certainly hoped no curt objection would be made to the reading of _any_ proposition which any member might deem it his duty to offer. As gentlemen differ from me in this respect, I will hand the paper to the Chair. I hope at least it may be permitted to lay on the table.

The PRESIDENT:--I hold it the gentleman's undoubted right to read the paper if he chooses.

Mr. TUCK:--Very well.

He commenced reading when he was interrupted by

Mr. WICKLIFFE:--I hope Mr. TUCK will withdraw this paper. If the Convention agrees to any result, I shall favor its submission to the people with an address. I will pledge myself to suggest the gentleman's name as one of a committee to prepare the address at the proper time.

The PRESIDENT:--The gentleman from New Hamps.h.i.+re has the floor.

Mr. TUCK then completed the reading of the paper, as follows:

TO THE PEOPLE OF THE UNITED STATES:

This Convention of Conference, composed in part of Commissioners appointed in accordance with the legislative action of sundry States, and in part of Commissioners appointed by the Governors of sundry other States, in compliance with an invitation by the General a.s.sembly of Virginia, met in Was.h.i.+ngton on the 4th of February, 1861.

Although const.i.tuting a body unknown to the Const.i.tution and laws, yet being delegated for the purpose, and having carefully considered the existing dangers and dissensions, and having brought their proceedings to a close, publish this address, and the accompanying resolutions, as the result of their deliberations.

We recognize and deplore the divisions and distractions which now afflict our country, interrupt its prosperity, disturb its peace, and endanger the Union of the States; but we repel the conclusion, that any alienations or dissensions exist which are irreconcilable, which justify attempts at revolution, or which the patriotism and fraternal sentiments of the people, and the interests and honor of the whole nation, will not overcome.

In a country embracing the central and most important portion of a continent, among a people now numbering over thirty millions, diversities of opinion inevitably exist; and rivalries, intensified at times by local interests and sectional attachments, must often occur; yet we do not doubt that the theory of our Government is the best which is possible for this nation, that the Union of the States is of vital importance, and that the Const.i.tution, which expresses the combined wisdom of the ill.u.s.trious founders of the Government, is still the palladium of our liberties, adequate to every emergency, and justly ent.i.tled to the support of every good citizen.

It embraces, in its provisions and spirit, all the defence and protection which any section of the country can rightfully demand, or honorably concede.

Adopted with primary reference to the wants of five millions of people, but with the wisest reference to future expansion and development, it has carried us onward with a rapid increase of numbers, an acc.u.mulation of wealth, and a degree of happiness and general prosperity never attained by any nation.

Whatever branch of industry, or whatever staple production, shall become, in the possible changes of the future, the leading interest of the country, thereby creating unforeseen complications or new conflicts of opinion and interest, the Const.i.tution of the United States, properly understood and fairly enforced, is equal to every exigency, a s.h.i.+eld and defence to all, in every time of need. If, however, by reason of a change in circ.u.mstances, or for any cause, a portion of the people believe they ought to have their rights more exactly defined or more fully explained in the Const.i.tution, it is their duty, in accordance with its provisions, to seek a remedy by way of amendment to that instrument; and it is the duty of all the States to concur in such amendments as may be found necessary to insure equal and exact justice to all.

In order, therefore, to announce to the country the sentiments of this Convention, respecting not only the remedy which should be sought for existing discontents, but also to communicate to the public what we believe to be the patriotic sentiment of the country, we adopt the following resolutions:

1st. _Resolved_, That this Convention recognize the well-understood proposition that the Const.i.tution of the United States gives no power to Congress, or any branch of the Federal Government, to interfere in any manner with slavery in any of the States; and we are a.s.sured by abundant testimony, that neither of the great political organizations existing in the country contemplates a violation of the spirit of the Const.i.tution in this regard, or the procuring of any amendment thereof, by which Congress, or any department of the General Government, shall ever have jurisdiction over slavery in any of the States.

2d. _Resolved_, That the Const.i.tution was ordained and established, as set forth in the preamble, by the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity; and when the people of any State are not in full enjoyment of all the benefits intended to be secured to them by the Const.i.tution, or their rights under it are disregarded, their tranquillity disturbed, their prosperity r.e.t.a.r.ded, or their liberty imperilled by the people of any State, full and adequate redress can and ought to be provided for such grievances.

3d. _Resolved_, That this Convention recommend to the Legislatures of the States of the Union to follow the example of the Legislatures of the States of Kentucky and of Illinois, in applying to Congress to call a Convention for the proposing of amendments to the Const.i.tution of the United States, pursuant to the fifth article thereof.

Mr. GUTHRIE:--I object to printing this paper. If that course is taken, every member may offer his disquisitions on the Const.i.tution, and they will be printed at our expense.

Mr. TUCK:--Unanimous consent was given that it be read, laid on the table, and printed.

The PRESIDENT:--There were three motions involved in one. Now the question is upon laying the paper on the table and printing it.

Mr. ALEXANDER:--I call for a division of the question.

The PRESIDENT:--The question will be on the motion to lay it on the table.

Mr. TUCK:--Are we not ent.i.tled to have the question taken on the motion to print? I supposed all these questions would be taken in a spirit of conciliation. But if not, I will withdraw the motion to lay on the table, and move that the paper be printed.

Mr. MOREHEAD, of Kentucky:--I came here in a spirit of conciliation, and I shall act in that spirit. Let us all do so. I disagree entirely with Mr. TUCK and his proposition, but I am in favor of receiving every proposition that is offered, of printing them all, and at the proper time of considering them all. I trust that unanimous consent will be given to printing this paper.