A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 47

Mr. McCURDY:--I move to amend the original article of the committee's report by the addition of this proviso. My object is to prevent the sale of slaves in the waters of New York or any other port:

"_Provided_, That nothing in this section shall be so construed as to prevent any States in which involuntary servitude is prohibited, from restraining by law the transfer of such persons, or of any right or interest in their services, from one individual to another, within the limits of such State."

Mr. GUTHRIE:--I insist there is not the slightest necessity for this amendment. I hope gentlemen will stop interposing these useless propositions; they confound the sense of the article, and we are guarding against questions which by no possibility can arise.

The vote was then taken on the amendment of Mr. McCURDY, and resulted as follows:

AYES.--Maine, New Hamps.h.i.+re, Vermont, Ma.s.sachusetts, Connecticut, New York, Ohio, Indiana, Illinois, Iowa, and Kansas--11.

NOES.--Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, and Missouri--10.

And the amendment was agreed to.

Messrs. LOGAN and PALMER, of Illinois, dissented from the vote of that State.

Mr. HOWARD:--I would ask the gentleman from Connecticut if he ever knew or heard of a case where a slave was sold in a free State?

Mr. McCURDY:--I do not intend to argue that question; but as I am appealed to, although the proviso is adopted, I will state the grounds on which it rests.

Mr. CLAY:--I wish to know whether the object of the amendment is to prevent the making of contracts connected with the purchase or sale of slaves in the free States?

Mr. McCURDY:--My object is apparent from the amendment. It explains itself. I wish to prohibit any transactions concerning the purchase or sale of slaves, either within the free States or the navigable waters connected therewith, or under free State jurisdiction. If there were no such prohibition, a cargo of slaves might be brought from the coast of Africa into the port of New York, and transferred there to parties residing in the slave States. The free States have a right to direct what shall, and what shall not be a subject of commerce within their limits. I presume it is not intended that the Const.i.tution shall prohibit the exercise of this right. I desire not to leave this open to construction, but to make the section declare that no such intention exists.

Mr. GUTHRIE:--I am now satisfied that we shall get nothing here that is satisfactory to the people of the south side of the river. We are continually waylaid by suspicions, which are unjust, unfounded, and ought not to exist. If this cla.s.s of amendments is to be adopted, I cannot go on, with respect to myself or the Convention. I feel now, since this amendment is adopted, that my mission here is ended.

Mr. REID:--I move to insert at the end of the third article reported by the committee these words: "Persons of the African race shall not be deemed citizens, or permitted to exercise the right of suffrage, in the election of federal officers."

Mr. GUTHRIE:--This is worse than ever, and it comes from the South too.

Mr. REID:--I will withdraw it then.

Mr. WICKLIFFE:--I ask the unanimous consent of the Conference to move the adoption of the previous question. We may as well come to the point now as ever. There is no use of discussing this question any longer. I move the previous question upon the report.

Objections and cries of "No, no," were made by several members.

Mr. WICKLIFFE:--I will withdraw the motion.

Mr. TURNER:--I think it would be very unreasonable for any gentleman to expect that we were to get through with the questions presented by this report without the exercise of mutual forbearance. The adoption of an amendment implies no disrespect to the committee. No member of the committee should take it in that sense. I will move a reconsideration of the vote by which the last amendment was adopted. I do not think we had better take the vote now, but pa.s.s the subject for the present.

The PRESIDENT:--It can be pa.s.sed by common consent.

The vote was reconsidered without a division, and the immediate consideration of the question pa.s.sed.

Mr. HITCHc.o.c.k:--I now renew the offer of my subst.i.tute for the third section of the article reported by the committee.

Mr. FIELD:--I thought when the motion to reconsider the vote upon Mr.

McCURDY'S amendment was agreed to, it was understood that the consideration of the whole section was to be pa.s.sed for the present.

My vote upon that amendment was given deliberately, and I have no idea that this Convention is to break up because a vote is pa.s.sed in it which is distasteful to any man, State, or delegation.

Mr. HITCHc.o.c.k:--I think I must insist upon the consideration of my subst.i.tute.

Mr. BROWNE:--I move to lay the subst.i.tute proposed by the gentleman from Ohio on the table. If that motion is carried, I do not understand that the effect of it is to lay the report of the committee on the table.

Mr. SMITH:--I rise to a question of order. I think the question now should be on Mr. McCURDY'S amendment. I ask for information. I do not quite see how that amendment can be informally pa.s.sed over without at the same time pa.s.sing the consideration of the whole article.

The PRESIDENT:--It was pa.s.sed by universal consent.

Mr. CHASE:--As I understand it, the gentleman from Illinois made the motion that the vote be reconsidered, and the consideration of the amendment pa.s.sed for the present, and this was agreed to by the Conference unanimously.

The motion of Mr. BROWNE to lay the motion of Mr. HITCHc.o.c.k on the table, was agreed to without a division.

Mr. BALDWIN:--I move to strike out these words in the third section: "Nor shall Congress have power to authorize any higher rate of taxation on persons bound to labor than on land." I have already stated that I think this language singularly inappropriate to a provision of the Const.i.tution. The Const.i.tution already prohibits such distinctions in the laying of taxes, and, therefore, there is no necessity for the adoption of this clause. But I have another and more important objection to it; it contains and proposes to place in the Const.i.tution the distinct recognition of the right of property in slaves. This recognition was carefully avoided in the Convention which framed the Const.i.tution, and the North always has been, and always will be, opposed to any such recognition. Place it there, and your article will never be adopted in any of the free States.

Mr. WICKLIFFE:--The first statutes pa.s.sed by Congress on this subject recognized the right to tax slaves. This implied the right to hold slaves. This recognition of the right of taxation was made in express terms. The gentleman has forgotten the history of the legislation on this subject. The object of the committee is to prevent any possibility that those who come after us should make any distinction between these cla.s.ses of property in levying taxes. We do not seek a recognition of the right of property in slaves in this; that right is already recognized to our satisfaction in the Const.i.tution.

Mr. TUCK:--I understand the gentleman from Kentucky, and I think he is right. If we adopt the article at all we ought to retain this language.

The vote was taken by States on the amendment proposed by Mr. BALDWIN, with the following result:

AYES.--Maine, Ma.s.sachusetts, and Connecticut--3.

NOES.--New Hamps.h.i.+re, Vermont, New York, Ohio, Indiana, Illinois, Iowa, Kansas, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, and Missouri--18.

Mr. PRATT dissented from the vote of Connecticut.

Messrs. NOYES and SMITH also dissented from the vote of New York.

Mr. FOWLER:--I move to strike out the words "without the consent of Maryland," immediately following the words "service in the District of Columbia."

I can see no necessity for requiring the consent of Maryland to the abolition of slavery in the District. There is no more reason for it than for requiring the consent of Maine, or any other State. By the cession of the District to the United States Maryland has parted with all power over it, and the exclusive power of legislation is given to Congress. The District has become the common property of the Union as much as any of the Territories, and ought to be controlled in the same way.

Mr. CRISFIELD:--I hope this amendment will not prevail. The District is almost surrounded by the Territory of Maryland. The abolition of slavery in it would be very destructive to our interests and property.

To convert the District into free territory would offer a direct invitation to our slaves to abscond and go into the District. Even if the rendition clause of the Const.i.tution was faithfully observed and carried out, it would involve us in much expense and difficulty. If we are required to maintain faith with the Government, the Government must keep faith with us.

Mr. FOWLER:--I did not suppose my motion would meet with such serious objections. If they exist I will withdraw it.

Mr. BATES:--I have an amendment to propose, which I think will improve the language of the section, and make it more consonant with that used in the Const.i.tution. I move to amend the third section by striking out the word "bound" wherever it occurs therein, and inserting in its place the word "held;" also to insert after the words "to labor"

wherever they occur, the words "or service."

The amendments proposed by Mr. BATES were adopted without a division.

Mr. CARRUTHERS:--I propose to amend the section as it stands after the adoption of the amendments of Mr. BATES, by inserting between the words "or" and "service" where they occur in that connection, the word "involuntary."

Mr. EWING:--I had rather leave out the word "involuntary;" it would look better. As the section now stands, both voluntary and involuntary service are included.

Mr. CARRUTHERS:--By the insertion of the words "service" in Mr. BATES'

amendment, one portion of my purpose is accomplished. I will withdraw my motion.

Mr. GROESBECK:--I would ask if it is now in order to move a subst.i.tute for the whole section. I have one which meets my wishes, and which, I think, will meet the views of, and be acceptable to, the Conference.