A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 25

Mr. RANDOLPH:--There is force in the remark of the gentleman from Vermont. No State should be cut off. I suggest that the States whose delegates have not addressed the Conference, should have the preference.

Mr. JOHNSON, of Missouri:--I represent a youthful State. She is not the daughter of any particular State or section, but of the Union. We Missourians love the Union, but we have fully arrived at the conclusion that the time has come when something must be done to prevent our entire separation. We have hitherto remained silent. We came here to preserve the Union. Not that we love the Union less, but we love our rights more. We love our rights more than the Union, our property, or our lives. We desire to come to a speedy adjustment. Ten days of Congress only remain. It will be difficult even to introduce our propositions, still more to get them considered. I sustain the motion of the gentleman from Kentucky; and Missouri will vote for it.

Mr. WICKLIFFE:--I will make the proposition as acceptable as possible.

I will insert one o'clock instead of ten.

Exclamations were heard from several members of, "Let us agree," and the question being taken on the first resolution as amended, it was adopted.

Mr. BACKUS:--I move to insert in the second resolution, ten minutes instead of five, wherever the word occurs. That time is none too long to state the purpose of an amendment properly.

Mr. NOYES:--Is this resolution designed to exclude all discussion upon an amendment, except by the member moving it and the committee?

Mr. WICKLIFFE:--No! Such is not the intention. Any one can speak five minutes. I rely on our sense of propriety not to abuse this construction of the resolution.

The amendment of Mr. BACKUS was decided in the negative by a vote _viva voce_.

The resolution was then adopted, together with the resolution relating to motions to strike out and insert.

Mr. BROWNE:--I move that when the Convention adjourn, it adjourn to meet at half-past seven o'clock this evening.

Mr. CHASE:--I hope the Conference will not hold night sessions. Our day sessions are protracted and very laborious. I agree with Commodore STOCKTON, that night sessions are dangerous.

Mr. MOREHEAD, of Kentucky:--I do not agree with Mr. CHASE. I have particularly observed the demeanor of all the gentlemen in the Conference, and know that they are as well fitted for business at five o'clock in the afternoon as at ten o'clock in the morning.

A vote by the States was called for, which resulted as follows:

AYES:--Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, New York, North Carolina, New Hamps.h.i.+re, Pennsylvania, Rhode Island, Tennessee, and Virginia--13.

NOES:--Connecticut, Indiana, Iowa, Maine, Ma.s.sachusetts, Ohio, and Vermont--7.

Mr. WILMOT:--In pursuance of the instructions of the Legislature of Pennsylvania, I offer the following. I wish to have it laid on the table, and printed, that I may move it as an amendment to the committee's report at the proper time.

The motion of Mr. WILMOT was agreed to, and the amendment is as follows:

"And Congress shall further provide by law, that the United States shall make full compensation to a citizen of any State, who in any other State shall suffer, by reason of violence or intimidation from mobs and riotous a.s.semblies, in his person or property, or in deprivation, by violence, of his rights secured by this Const.i.tution."

Mr. DENT:--I ask that the following may be adopted as an additional rule:

"When the vote on any question is taken by States, any Commissioner dissenting from the vote of his State, may have his dissent entered on the Journal."

Mr. CHASE:--I suggest whether it would not be better to call the yeas and nays, on the motion of any Commissioner. I have heretofore introduced a resolution to that effect, which, with the gentleman's permission, I will now call up.

Mr. DENT:--I won't insist.

Mr. CHASE'S resolution was taken up as follows:

"The yeas and nays of the Commissioner of each State, upon any question, shall be entered upon the Journal when it is desired by any Commissioner, and the vote of each State shall be determined by the majority of Commissioners present from each State."

Mr. GUTHRIE:--I hope the gentleman will waive the first part of the resolution. I think it is the best way not to disclose our divisions any farther than is indispensably necessary.

Mr. CHASE:--I copied the rule _verbatim_ from the one adopted by the Congress of the Confederation. I think it right and fair. But I have no objection to modifying it, so as to have the yeas and nays called on the motion of any entire delegation.

Mr. DENT:--I did not withdraw my motion. I think it will accomplish all we need. It will be taken, of course, that those who do not dissent vote with the delegation.

Mr. REID:--I think it is entirely too late to talk about saving time.

How long will it take to have the names of dissenting delegates called? For one, I desire to exercise my rights under the authority of the State I represent. I will not consent to waive them. When the vote of my State is cast, I wish to have the record show who is responsible for it.

The question was taken on the resolution offered by Mr.

CHASE, and it was rejected, and the additional rule proposed by Mr. DENT was adopted.

Mr. COALTER:--I offer the following, which I shall move as an amendment to the report. I ask that it be laid on the table, and printed:

"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 above motion to lay on the table and print was agreed to.

Mr. BRONSON:--I also have an amendment, of which I ask to have the same disposition made. It is as follows:

"Congress shall have no power to legislate in respect to persons held to service or labor in any case, except to provide for the rendition of fugitives from such service or labor, and to suppress the foreign slave trade; and the existing _status_ or condition of all the Territories of the United States, in respect to persons held to service or labor, shall remain unchanged during their territorial condition; and whenever any Territory, with suitable boundaries, shall contain the population requisite for a representative in Congress, according to the then federal ratio of representation, it shall be ent.i.tled to admission into the Union on an equal footing with the original States, with or without persons held to service or labor, as the Const.i.tution of such new State may prescribe."

Mr. BRONSON'S motion was agreed to.

Mr GUTHRIE:--I call for the order of the day.

The PRESIDENT:--The order of the day is called for, and the gentleman from New York has the floor.

Mr. SMITH:--At the adjournment yesterday, I had proceeded to state two or three grounds upon which I think the proposals of amendment to the Const.i.tution reported by the majority of the committee would be unacceptable to the North, and I had also stated some special objections to action in this way and at the present time.

The next consideration to which I would invite attention is this: Is it necessary or wise for the Conference, composed as it is of friends of the Union, or is it _expedient_ thus to encounter the settled sentiments and convictions of the people of so large a section of the country? It is not necessary, for various reasons. This territorial question is, after all, a question to be looked at in a prospective view. Why is it necessary to disturb the Const.i.tution by inserting such a provision as you propose? Why is it necessary for gentlemen from the South to have it in, in order to enable them to stand with their people at home?

Slavery is now in New Mexico. That must be acknowledged as a fact. The South think it rightfully there--the North believe it is there wrongfully. But its existence in the territories is a fact nevertheless. President LINCOLN cannot help it if he would. The Supreme Court will affirm its rightful existence there, whenever the question comes before that body. That Court cannot be changed before these territories are admitted as States, if the disposition exists to change it. You claim that the question is already decided. How, then, can it be important to you to press the adoption of these sections as a part of the Const.i.tution? My judgment is, that it is best to leave this subject alone--that that is the true way to save the Union.

Gentlemen of the South, remember that if you must stand at home with your people, so also must we. There is a _North_ as well as a _South_!--a northern people as well as southern people. You press us hard on these subjects. But can men who are rational ask us to abandon our own people, to go counter to their convictions and sentiments? We cannot do it! You would not respect us if we did! I am very sure that if this Conference is to attain any beneficial result, it must abandon all idea of coercion or intimidation as applied to the friends of the Union.

It is said we are contending for a party platform--that we are letting party stand between us and the Union. I could trample parties and platforms under foot to preserve the Union, but I cannot understand how honest men can abandon principles because a party has adopted them into its platform. Do not tell us that by adhering to the Union and the Const.i.tution, we are simply adhering to a party platform. Our principles are at least as dear to us, as yours are to you; you must not expect us to sacrifice them either to promote our own material interests or to promote yours.

Let us then sink the question of slavery in the Territories. Let the courts take care of it if need be, or let it be dealt with when it properly comes up. "Sufficient unto the day is the evil thereof." In that direction lays the path of peace.

But perhaps it may be suggested that such a course would really leave no plan to be adopted. Perhaps so. Is it, then, not true that we are having all this trouble over a contingency that may or may not arise?

That the Const.i.tution is sufficient for all purposes but this, you aver; and yet you say in the same breath that the Court has settled this question entirely and finally in your favor. Why not be satisfied, then, with the settlement? Can you make it more of a finality in the way you propose? No, gentlemen; believe me when I tell you that the true remedy does not consist in endeavoring to humiliate the people of one section for the benefit of another. Remember we are dealing with the _American_ people; I would not throw the Const.i.tution into the vortex of disunion that is opening before us; I would preserve it rather as a rock on which we can all safely stand. Do not throw away the compa.s.s by which alone we can safely be guided!

If I were to suggest a suitable remedy, what I think a wise plan, it would be the one adopted on a similar occasion, when one of the States set itself up in opposition to the General Government, with such very beneficial results; and that would be, to have the Government appeal to the people for support--to throw itself into the arms of the people. The result then has become historical. It is remembered with pride and pleasure by all. I would have a similar course pursued now.

The result would be equally grand, equally gratifying. It would rally every patriot, every friend of the Union from every section, to its support. You, gentlemen of the South, now friends of the Union, still give it the strength of your support, the favor of your countenance, and you shall be supported and sustained as you can be in no other way. You shall have the support of the power of the Government and of every friend of the Union in the country.

You remember how those patriotic statesmen, CLAY and WEBSTER--differing from the Executive, opposing his election with all the strength of their gigantic intellects--when the authority of the Government was questioned, and South Carolina, under the lead of Mr.

CALHOUN, undertook to set herself up in opposition to it--how they waived all former differences, and instead of encouraging secession by their delay and timidity, without asking for new guarantees or for amendments of the Const.i.tution, came voluntarily and earnestly to the support of the Executive and the administration, because the Executive was right, and was the chosen instrument of the people to preserve the integrity of the Union.

Mr. BARRINGER:--If the gentleman will excuse me, I will state that the course of the Executive against South Carolina was universally acquiesced in except in that State. And yet the opinion that President JACKSON far exceeded his powers, was equally unanimous. That precedent has been greatly misinterpreted.