A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 7

_Joint Resolutions proposing certain amendments to the Const.i.tution of the United States._

_Whereas_, serious and alarming dissensions have arisen between the Northern and Southern States, concerning the rights and security of the rights of the slaveholding States, and especially their rights in the common territory of the United States; and _whereas_, it is eminently desirable and proper that those dissensions, which now threaten the very existence of this Union, should be permanently quieted and settled by const.i.tutional provisions, which shall do equal justice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the United States: Therefore,

_Resolved_, by this Convention, that the following articles are hereby approved and submitted to the Congress of the United States, with the request that they may, by the requisite const.i.tutional majority of two-thirds, be recommended to the respective States of the Union, to be, when ratified by Conventions of three-fourths of the States, valid and operative as amendments of the Const.i.tution of the Union.

ARTICLE 1. In all the territory of the United States, now held or hereafter acquired, situate north of lat.i.tude thirty-six degrees and thirty minutes, slavery or involuntary servitude, except as a punishment for crime, is prohibited, while such territory shall remain under territorial government. In all the territory south of said line of lat.i.tude, slavery of the African race is hereby recognized as existing, and shall not be interfered with by Congress, but shall be protected as property by all the departments of the territorial government during its continuance; and, when any territory, north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then federal ratio of representation of the people of the United States, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without slavery, as the Const.i.tution of such new State may provide.

ARTICLE 2. Congress shall have no power to abolish slavery in places under its exclusive jurisdiction, and situate within the limits of States that permit the holding of slaves.

ARTICLE 3. Congress shall have no power to abolish slavery within the District of Columbia, so long as it exists in the adjoining States of Virginia and Maryland, or either, nor without the consent of the free white inhabitants, nor without just compensation first made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit officers of the Federal Government, or members of Congress, whose duties require them to be in said District, from bringing with them their slaves, and holding them as such during the time their duties may require them to remain there, and afterwards taking them from the District.

ARTICLE 4. Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or to a Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by the sea. And if such transportation be by sea, the slaves shall be protected as property by the Federal Government. And the right of transit by the owners with their slaves, in pa.s.sing to or from one slaveholding State or Territory to another, between and through the non-slaveholding States and Territories, shall be protected. And in imposing direct taxes pursuant to the Const.i.tution, Congress shall have no power to impose on slaves a higher rate of tax than on land, according to their just value.

ARTICLE 5. That, in addition to the provisions of the third paragraph of the second section of the fourth article of the Const.i.tution of the United States, Congress shall provide by law, that the United States shall pay to the owner who shall apply for it, the full value of his fugitive slave, in all cases, when the marshal, or other officer, whose duty it was to arrest said fugitive, was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive was rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave, under the said clause of the Const.i.tution and the laws made in pursuance thereof. And in all such cases, when the United States shall pay for such fugitive, they shall reimburse themselves by imposing and collecting a tax on the county or city in which said violence, intimidation, or rescue was committed, equal in amount to the sum paid by them, with the addition of interest and the costs of collection; and the said county or city, after it has paid said amount to the United States, may, for its indemnity, sue and recover from the wrong-doers, or rescuers, by whom the owner was prevented from the recovery of his fugitive slave, in like manner as the owner himself might have sued and recovered.

ARTICLE 6. No future amendment of the Const.i.tution shall affect the five preceding articles, nor the third paragraph of the second section of the first article of the Const.i.tution, nor the third paragraph of the second section of the fourth article of said Const.i.tution, and no amendment shall be made to the Const.i.tution which will authorize or give to Congress any power to abolish or interfere with slavery in any of the States, by whose laws it is or may be allowed or permitted.

ARTICLE 7, Sec. 1. The elective franchise and the right to hold office, whether federal, State, territorial, or munic.i.p.al, shall not be exercised by persons who are, in whole or in part, of the African race.

And _whereas_, also, besides those causes of dissension embraced in the foregoing amendments proposed to the Const.i.tution of the United States, there are others which come within the jurisdiction of Congress, and may be remedied by its legislative power: and _whereas_ it is the desire of this Convention, as far its influence may extend, to remove all just cause for the popular discontent and agitation which now disturb the peace of the country, and threaten the stability of its inst.i.tutions: Therefore,

1. _Resolved_, That the laws now in force for the recovery of fugitive slaves are in strict pursuance of the plain and mandatory provisions of the Const.i.tution, and have been sanctioned as valid and const.i.tutional by the judgment of the Supreme Court of the United States; that the slaveholding States are ent.i.tled to the faithful observance and execution of those laws, and that they ought not to be repealed, or so modified or changed as to impair their efficiency; and that laws ought to be made for the punishment of those who attempt, by rescue of the slave or other illegal means, to hinder or defeat the due execution of said laws.

2. That all State laws which conflict with the fugitive slave acts, or any other const.i.tutional acts of Congress, or which in their operation impede, hinder, or delay the free course and due execution of any of said acts, are null and void by the plain provisions of the Const.i.tution of the United States. Yet those State laws, void as they are, have given color to practices, and led to consequences which have obstructed the due administration and execution of acts of Congress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed much to the discord and commotion now prevailing. This Convention, therefore, in the present perilous juncture, does not deem it improper, respectfully and earnestly to recommend the repeal of those laws to the several States which have enacted them, or such legislative corrections or explanations of them as may prevent their being used or perverted to such mischievous purposes.

3. That the act of the 18th of September, 1850, commonly called the Fugitive Slave Law, ought to be so amended as to make the fee of the Commissioner, mentioned in the eighth section of the act, equal in amount, in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstructions, the last clause of the fifth section, of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive slave, to summon to his aid the _posse comitatus_, and which declares it to be the duty of all good citizens to a.s.sist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance, or danger of resistance or rescue.

4. That the laws for the suppression of the African slave-trade, and especially those prohibiting the importation of slaves into the United States, ought to be made effectual, and ought to be thoroughly executed, and all further enactments necessary to those ends ought to be promptly made.

No. 2.

_Proposed Amendments by Mr. Seddon._

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 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.

Mr. COALTER:--It is proper that I should say a word in relation to the position of Missouri in this Conference. It is expressly referred to in the resolution under which we hold our appointment, pa.s.sed by the Senate and House of Representatives. It is believed by the people of Missouri that the rights and privileges of the slaveholding States are in danger, and that the time has arrived when they should be secured by additional guarantees. Those guarantees must be such as will secure the honor and equal rights of the slaveholding States.

I wish to say, further, that we, as Commissioners, must act at all times under the control of the General a.s.sembly or the State Convention of our State. Before we can act definitely upon either of the propositions submitted, I think it will be our duty to transmit them to the General a.s.sembly for instructions.

Mr. WICKLIFFE:--The several reports are now before the Conference. I presume it will be the desire of every member to give them a careful examination. In order to prevent all unnecessary delay, I move that the several reports be laid upon the table, that they be printed at once and distributed to the members, and made the special order of the Conference for 12 o'clock to-morrow.

The motion of Mr. WICKLIFFE was agreed to.

Mr. WICKLIFFE:--I have drawn up a preamble and a resolution which I wish to offer for the consideration of the Conference. I shall not press action upon them to-day, but desire to have them laid on the table and printed. I shall call them up after the report of the General Committee is disposed of. It would gratify me much, and I think greatly tend to the peace and harmony of the country, if they could be adopted at once, and published. It is well known to most of you that there is nothing in all the legislation or action of the Free States, which has created so much excitement and alarm among the people of the slaveholding States, as the pa.s.sage of the so called "personal liberty" acts. They are regarded as deliberate infractions and breaches of the Const.i.tution, and as attempts to nullify the operation of a const.i.tutional enactment of Congress. But I do not wish to invite discussion upon the subject now; I hope my motion will not meet with objection.

The motion of Mr. WICKLIFFE was adopted, and the preamble and resolution were presented as follows:

MR. WICKLIFFE'S PREAMBLE AND RESOLUTION.

_Whereas_, the second section of the fourth article of the Const.i.tution of the United States declares, "that no person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."

This clause is one of the compromises without which no Const.i.tution would have been adopted. It was a guarantee to the States in which such labor and service existed by law, that their rights should be respected and regarded by all the States; and it is not within the competency of any State to disregard the obligation it imposes, or to render it valueless by legislative enactments. And _whereas_, the House of Representatives of the United States did, on the ---- day of February, by unanimous vote, declare that neither the Congress of the United States nor the people or government of any non-slaveholding State, has the const.i.tutional right to legislate upon, or to interfere with slavery in any slaveholding State in the Union.

This declaration is regarded by this Convention as an admission that the statutes of those States, pa.s.sed for the purpose of defeating the provision of the Const.i.tution aforesaid, and the laws of Congress made to enforce the just and proper execution of this const.i.tutional guarantee, are in violation of the supreme law of the land.

The provisions of the statutes in many of the non-slaveholding States, commonly known and called "personal liberty bills," amount in their consequences to a practical nullification of the acts of Congress of February 12th, 1793, and September 18th, 1850, and are in violation of the second section of the fourth article of the Const.i.tution, as before stated. That the spirit of those statutes appears to be repugnant to the principles of compromise and mutual and liberal concessions which dictated the section of the Const.i.tution in question, and which pervades every part of that instrument. It is, therefore, respectfully requested by this Convention that the several States abrogate all such obnoxious enactments.

That the spirit of comity between the States, and the spirit of unity and fraternity which should actuate all the people of these United States, require that complete right and security of transit with all persons who owe them service or labor should be allowed to the citizens of each State by the laws of every other State.

_Resolved_, That a copy of the foregoing be sent by the President of this Convention to the Governors of each of the free States, as the deliberate judgment and opinion of this Convention, and that he request the same be laid before their respective Legislatures.

Mr. CHASE:--I move that all the resolutions, of the States, under which Commissioners have been appointed, or relating to subjects to come before this Conference, be printed. I think this course convenient and necessary, and one reason that I may a.s.sign is this: The opinion of the Legislature of the State of Ohio, as expressed in one of the resolutions adopted by that body, is, that it would have been wiser and better if the time for holding this Conference had been deferred until a later period. Ohio has expressly said in her resolutions that she is not prepared to a.s.sent to the terms of settlement proposed by Virginia, and has expressed the opinion that the Const.i.tution as it now stands, if fairly interpreted and obeyed, contains ample provision for the correction of all the evils which are claimed to exist. Nevertheless she is willing to meet in a friendly spirit and consult with her sister States. But the opinion extensively prevails that this Conference ought not to have been called upon so short a notice and before the inauguration of the incoming administration. We, the Commissioners from that State, are instructed in the resolutions, to which I have referred, to use our influence to procure an adjournment of this Conference, before final action is taken, to the 4th of April next. I shall feel it my duty, at some future time, to make a motion to that effect. The extent to which I shall urge its adoption will depend in some measure upon the course of events and the opinions of my colleagues. In the mean time I wish to see all the resolutions printed.

The motion of Mr. CHASE was agreed to. The resolutions as printed will be found in the appendix.

Mr. ALLEN, of Ma.s.sachusetts:--Before the adjournment to-day I desire to know what will be the order of business when these various reports come up for discussion. By the general rules governing parliamentary proceedings, to which I suppose we are subject, I understand the first question will be upon the subst.i.tution of the minority report presented by the gentleman from Connecticut (Mr. BALDWIN) for the report of the majority; and that, upon that question, amendments may be offered, and either accepted or rejected, both to the reports of the majority and the minority. I think it would be well to have this matter understood. Am I right in this?

The PRESIDENT:--The Chair understands that the gentleman from Ma.s.sachusetts has correctly pointed out the manner of proceeding.

On motion of Mr. HACKLEMAN, the Conference then adjourned until 12 o'clock to-morrow.

TENTH DAY.

WAs.h.i.+NGTON, SAt.u.r.dAY, _February 16th, 1861._

The Conference was called to order by the PRESIDENT at 12 o'clock M.

Prayer was offered by Rev. Dr. SUNDERLAND.

The Journal was read by the a.s.sistant Secretary, Mr. PULESTON, and, being corrected, was approved.

The PRESIDENT:--I have received a communication from Mr. W.C. JEWETT, which I am requested to lay before the Conference. Should any member desire to have it read, it will be presented upon motion. I am not inclined to occupy the time of the Conference by reading it, unless some member specially requests that it be read.

Mr. SEDDON:--Let it be laid on the table without reading.

The PRESIDENT:--That disposition will be made of it.