A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 61

So this section was adopted.

The following gentlemen dissented from the vote of their respective States: Mr. BALDWIN, of Connecticut; Mr. CLAY, of Kentucky; Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. WOLCOTT and Mr. CHASE, of Ohio; and Mr. HACKLEMAN and Mr. ORTH, of Indiana.

Mr. GUTHRIE:--I move the adoption of the sixth section of the report as amended, and desire that the Secretary may read that also.

The Secretary read as follows:

SECTION 6. The first, third, and fifth sections, together with this section of these amendments, and the third paragraph of the second section of the first article of the Const.i.tution, 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.

The vote on the adoption of this section stood as follows:

AYES.--Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Kansas--11.

NOES.--Connecticut, Indiana, Iowa, Maine, Ma.s.sachusetts, North Carolina, New Hamps.h.i.+re, Vermont, and Virginia--9.

The State of New York was divided.

And this section was adopted.

The following gentlemen dissented from the vote of their States:--Mr.

RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. CHASE and Mr. WOLCOTT, of Ohio; Mr. COOK, of Illinois; and Mr. SUMMERS and Mr. RIVES, of Virginia.

Mr. GUTHRIE:--I move the adoption of the seventh section of the report, as amended.

The Secretary read as follows:

SECTION 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 a.s.semblages, 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 Hamps.h.i.+re, 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 Const.i.tution of the United States, and that no State of this Union has any const.i.tutional 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 Const.i.tution, 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, Ma.s.sachusetts, New York, New Hamps.h.i.+re, 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. .h.i.therto proposed by myself, as follows:

To secure concert and promote harmony between the slaveholding and non-slaveholding sections of the Union, the a.s.sent 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 cla.s.s 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 a.s.sent 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, a.s.sembled pursuant to a law of its legislature, is held ent.i.tled 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 part.i.tion of the rights and obligations of the withdrawing State; and such adjudication and part.i.tion 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 a.s.sent of two-thirds of the States const.i.tuting 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, Ma.s.sachusetts, and Pennsylvania--7.

The vote of New York was divided.