APPENDIX.

No. I.

Before the final vote was taken upon the proposals of amendment to the Constitution of the United States, reported by the General Committee of which Mr. Guthrie was Chairman, and the votes upon the various substitutes offered for such proposals, there were twenty-one States represented in the Conference.

Maine and Iowa were represented by their respective Congressional delegations; Tennessee, Ohio, Kentucky, Indiana, Delaware, Illinois, New Jersey, New York, Pennsylvania, Massachusetts, Rhode Island, and Missouri, by delegates appointed by their respective Legislatures, under joint resolutions which are here inserted; New Hampshire, Vermont, Connecticut, Maryland, North Carolina, Indiana, and Kansas, by delegates appointed by their respective Governors.

The resolutions of Virginia originated the call for the Conference.

Michigan, Wisconsin, Minnesota, California, and Oregon were not represented. South Carolina, Florida, Georgia, Alabama, Mississippi, Arkansas, and Texas had passed ordinances of secession previous to the meeting of the Conference. Messrs. Benjamin and Slidell, the Senators from Louisiana, withdrew from the Senate of the United States before the proposed amendments to the Constitution were reported to the Conference.

The following resolutions of their respective States were presented by the delegates to the Committee on Credentials, and were ordered by the Conference to be printed, on the motion of Mr. Chase.[9]

TENNESSEE.

Resolutions proposing amendments to the Constitution of the United States.

Resolved by the General Assembly of the State of Tennessee, That a Convention of delegates from all the slaveholding States should assemble at Nashville, Tennessee, or such other place as a majority of the States coöperating may designate, on the fourth day of February, 1861, to digest and define a basis upon which, if possible, the Federal Union and the constitutional rights of the slave States may be perpetuated and preserved.

Resolved, That the General Assembly of the State of Tennessee appoint a number of delegates to said Convention, of our ablest and wisest men, equal to our whole delegation in Congress; and that the Governor of Tennessee immediately furnish copies of these resolutions to the Governors of the slaveholding States, and urge the participation of such States in said Convention.

Resolved, That in the opinion of this General Assembly, such plan of adjustment should embrace the following propositions as amendments to the Constitution of the United States:

1. A declaratory amendment that African slaves, as held under the institutions of the slaveholding States, shall be recognized as property, and entitled to the status of other property, in the States where slavery exists, in all places within the exclusive jurisdiction of Congress in the slave States, in all the Territories south of 36° 30´; in the District of Columbia; in transit; and whilst temporarily sojourning with the owner in the non-slaveholding States and Territories north of 36° 30´, and when fugitives from the owner, in the several places above named, as well as in all places in the exclusive jurisdiction of Congress in the non-slaveholding States.

2. That all the territory now owned, or which may be hereafter acquired by the United States south of the parallel of 36° 30´; African slavery shall be recognized as existing, and be protected by all the departments of the Federal and Territorial Governments, and in all north of that line, now owned, or to be acquired, it shall not be recognized as existing; and whenever States formed out of any of said territory south of said line, having a population equal to that of a congressional district, shall apply for admission into the Union, the same shall be admitted as slave States, whilst States north of the line, formed out of said territory, and having a population equal to a Congressional district, shall be admitted without slavery; but the States formed out of said territory north and south having been admitted as members of the Union, shall have all the powers over the institution of slavery possessed by the other States of the Union.

3. 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.

4. Congress shall have no power to abolish slavery within the District of Columbia, as long as it exists in the adjoining States of Virginia and Maryland, or either, nor without the consent of the inhabitants, nor without just compensation made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit the 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 take them from the District.

5. Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or the Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by seas.

6. In addition to the fugitive slave clause, provide that when a slave has been demanded of the Executive authority of the State to which he has fled, if he is not delivered, and the owner permitted to carry him out of the State in peace, the State so failing to deliver, shall pay to the owner the value of such slave, and such damages as he may have sustained in attempting to reclaim his slave, and secure his right of action in the Supreme Court of the United States, with execution against the property of such State and the individuals thereof.

7. No future amendment of the Constitution shall affect the six preceding articles, nor the third paragraph of the second section of the first article of the Constitution, nor the third paragraph of the second section of the fourth article of the Constitution; and no amendments shall be made to the Constitution 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.

8. That slave property shall be rendered secure in transit through, or whilst temporarily sojourning in, non-slaveholding States or Territories, or in the District of Columbia.

9. An amendment to the effect that all fugitives are to be deemed those offending the laws within the jurisdiction of the State, and who escape therefrom to other States; and that it is the duty of each State to suppress armed invasion of another State.

Resolved, That said Convention of the slaveholding States having agreed upon a basis of adjustment satisfactory to themselves, should, in the opinion of this General Assembly, refer it to a Convention of all the States, slaveholding and non-slaveholding, in the manner following:

It should invite all States friendly to such plan of adjustment, to elect delegates in such manner as to reflect the popular will, to assemble in a Constitutional Convention of all the States North and South, to be held at Richmond, Virginia, on the —— day of February, 1861, to revise and perfect such plan of adjustment, for its reference for final ratification and adoption by a Convention of the States respectively.

Resolved, That should a plan of adjustment, satisfactory to the South, not be acceded to by a requisite number of States to perfect amendments to the Constitution of the United States, it is the opinion of this General Assembly that the slaveholding States should adopt for themselves the Constitution of the United States, with such amendments as may be satisfactory to the slaveholding States, and that they should invite into the Union with them all States of the North which are willing to abide such amended Constitution and frame of Government, severing at once all connections with States refusing such reasonable guarantees to our future safety; such renewed conditions of Federal Union being first submitted for ratification to Convention of all the States respectively.

Resolved, That the Governor of the State of Tennessee furnish copies of these resolutions immediately to the Governors of the non-slaveholding States.

OHIO.

Joint Resolutions of the General Assembly of the State of Ohio, relative to the appointment of Commissioners to the Convention to meet in Washington on the 4th of February, proximo. Passed, January 30, 1861.

Whereas, The Commonwealth of Virginia has appointed five Commissioners to meet in the City of Washington on the fourth day of February next, with similar Commissioners from other States, and after full and free conference to agree, if practicable, upon some adjustment of the unhappy difficulties now dividing our country, which may be alike satisfactory and honorable to the States concerned; therefore be it

Resolved, by the General Assembly of the State of Ohio, That the Governor, by and with the advice and consent of the Senate, be and he is hereby authorized and empowered to appoint five Commissioners to represent the State of Ohio in said Conference.

Resolved, That while we are not prepared to assent to the terms of settlement proposed by Virginia, and are fully satisfied that the Constitution of the United States as it is, if fairly interpreted and obeyed by all sections of our country, contains ample provisions within itself for the correction of all evils complained, yet a disposition to reciprocate the patriotic spirit of a sister State, and a sincere desire to have harmoniously adjusted all differences between us, induce us to favor the appointment of the Commission as requested.

Resolved, That the Governor be requested to transmit without delay a copy of these Resolutions to each of the Commissioners to be appointed as aforesaid, to the end that they may repair to the City of Washington, on the day hereinbefore named, to meet such Commissioners as may be appointed by any of the States in accordance with the aforesaid propositions of Virginia.

Resolved, That in the opinion of this General Assembly, it will be wise and expedient to adjourn the proposed Convention to a later day, and that the Commissioners to be appointed as aforesaid, are requested to use their influence in procuring an adjournment to the fourth day of April next.

KENTUCKY.

Resolutions appointing Commissioners to attend a Conference at Washington City, February 4th, in accordance with the invitation of the Virginia Legislature.

Whereas, The General Assembly of Virginia, with a view to make an effort to preserve the Union and the Constitution in the spirit in which they were established by the Fathers of the Republic, have, by resolution, invited all the States who are willing to unite with her in an earnest effort to adjust the present unhappy controversies, to appoint Commissioners to meet on the 4th of February next, to consider, and if practicable, agree upon some suitable adjustment—

Resolved, That we heartily accept the invitation of our Old Mother Virginia, and that the following six Commissioners, viz.: Wm. O. Butler, James B. Clay, Joshua F. Bell, C.S. Morehead, James Guthrie, and Chas. A. Wickliffe, be appointed to represent the State of Kentucky in the contemplated Convention, whose duty it shall be to repair to the City of Washington, on the day designated, to meet such Commissioners as may be appointed by any of the States in accordance with the foregoing invitation.

Resolved, That if said Commissioners shall agree upon any plan of adjustment requiring amendments to the Federal Constitution, they be requested to communicate the proposed amendments to Congress, for the purpose of having the same submitted by that body, according to the forms of the Constitution, to the several States for ratification.

Resolved, That if said Commissioners cannot agree on an adjustment, or if agreeing, Congress shall refuse to submit for ratification such amendments as they may propose, the Commissioners of this State shall immediately communicate the result to the Executive of this Commonwealth, to be by him laid before this General Assembly.

Resolved, That in the opinion of the General Assembly of Kentucky, the propositions embraced in the resolutions presented to the Senate of the United States by the Hon. John J. Crittenden, so construed, that the first article proposed as an amendment to the Constitution of the United States shall apply to all the territory of the United States now held or hereafter acquired south of latitude 36° 30´, and provide that slavery of the African race shall be effectually protected as property therein during the continuance of the Territorial Government; and the fourth article shall secure to the owners of slaves the right of transit with their slaves between and through the non-slaveholding States and Territories, constitute the basis of such an adjustment of the unhappy controversy which now divides the States of this Confederacy, as would be acceptable to the people of this Commonwealth.

Resolved, That the Governor be, and he is hereby requested to communicate information of the foregoing appointment to the Commissioners above named, at as early a day as practicable, and that he also communicate copies of the foregoing resolutions to the Executive of the respective States.

INDIANA.

A Joint Resolution authorizing the Governor to appoint Commissioners to meet those sent by other States in Convention on the state of the Union.

Whereas, The State of Virginia has transmitted to this State resolutions adopted by her General Assembly, inviting all such States as are willing to unite with her in an earnest effort to adjust the unhappy controversies, in the spirit in which the Constitution was originally formed, to send Commissioners to meet those appointed by that State in Convention, to be held in the City of Washington, on the fourth day of February next, to consider, and if possible, to agree upon some suitable adjustment.

And whereas, some of the States to which invitations were extended by the State of Virginia have already responded and appointed their Commissioners; therefore,

Resolved, by the General Assembly of the State of Indiana, That we accept the invitation of the State of Virginia, in the true spirit of fraternal feeling, and that the Governor of the State is hereby directed and empowered to appoint five Commissioners to meet the Commissioners appointed by our sister States, to consult upon the unhappy differences now dividing the country; but the said Commissioners shall take no action that will commit this State until nineteen of the States are represented, nor without first having communicated with this General Assembly in regard to such action, and having received the authority of the same so to commit the State.

Resolved, That while we are not prepared to assent to the terms of settlement proposed by the State of Virginia, and are fully satisfied that the Constitution, if fairly interpreted and obeyed, contains ample provisions within itself for the correction of the evils complained of; still, with a disposition to reciprocate the patriotic desire of the State of Virginia, and to have harmoniously adjusted all differences existing between the States of the Union, this General Assembly is induced to respond to the invitation of Virginia, by the appointment of the Commissioners herein provided for; but as the time fixed for the Convention to assemble is so near at hand that the States cannot all be represented, it is expected that the Commissioners on behalf of this State will insist that the Convention adjourn until such time as the States shall have an opportunity of being represented.

Resolved, That his Excellency, the Governor, be requested to transmit copies of these resolutions to the Executives of each of the States of the Union.

DELAWARE.

Joint Resolutions appointing Commissioners.

Whereas, The State of Virginia has recommended the holding of a Convention of Delegates from all the States of the Union, at the City of Washington, on the fourth day of February next, for the purpose of taking into consideration and perfecting some plan of adjusting the matters in controversy now so unhappily subsisting in the family of States, and has appointed five Commissioners to represent the people of that Commonwealth in said Convention; and

Whereas, the people of the State of Delaware regard the preservation of the Union as paramount to any political consideration, and are fixed in their determination that Delaware, the first to adopt the Federal Constitution, will be the last to do any act tending to destroy the integrity of the Union; therefore,

Be it resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the Hon. George B. Rodney, Daniel M. Bates, Esq., Dr. Henry Ridgely, Hon. John W. Houston, and William Cannon, Esq., be, and they are hereby appointed Commissioners, on behalf of the State of Delaware, to represent the people of said State in the Convention to be held at Washington, on the fourth day of February next.

Resolved, That in the opinion of this General Assembly, the people of Delaware are thoroughly devoted to the perpetuity of the Union, and that the Commissioners appointed by the foregoing resolution are expected to emulate the example set by the immortal patriots who framed the Federal Constitution, by sacrificing all minor considerations upon the altar of the Union.

Resolved, further, That it shall be the duty of the Secretary of State to furnish a copy of the above preamble and resolutions to each of the Commissioners herein and hereby appointed, duly attested under the great seal of the State.

Resolved, further, That immediately upon the adoption of the foregoing preamble and resolutions, it shall be the duty of the Clerk of the House to transmit to the Secretary of State a copy thereof, certified by him; and when the Secretary of State shall have received said copy so certified, it shall be evidence that said preamble and resolutions were duly adopted by this General Assembly.

ILLINOIS.

Whereas, resolutions of the State of Virginia have been communicated to the General Assembly of this State, proposing the appointment of Commissioners by the several States to meet in Convention, on the fourth day of February, A.D. 1861, at Washington.

Resolved by the Senate, the House of Representatives concurring herein, That with the earnest desire for the return of harmony and kind relations among all our sister States, and out of respect to the Commonwealth of Virginia, the Governor of this State be requested to appoint five Commissioners on the part of the State of Illinois, to confer and consult with the Commissioners of other States who shall meet at Washington: Provided, That said Commissioners shall at all times be subject to the control of the General Assembly of the State of Illinois.

Resolved, That the appointment of Commissioners by the State of Illinois, in response to the invitation of the State of Virginia, is not an expression of opinion on the part of this State that any amendment of the Federal Constitution is requisite to secure to the people of the slaveholding States adequate guarantees for the security of their rights, nor an approval of the basis of settlement of our difficulties proposed by the State of Virginia, but it is an expression of our willingness to unite with the State of Virginia in an earnest effort to adjust the present unhappy controversies in the spirit in which the Constitution was originally formed, and consistently with its principles.

Resolved, That while we are willing to appoint Commissioners to meet in convention with those of other States for consultation upon matters which at present distract our harmony as a nation, we also insist that the appropriate and constitutional method of considering and acting upon the grievances complained of by our sister States, would be by the call of a Convention for the amendment of the Constitution in the manner contemplated by the fifth article of that instrument; and if the States deeming themselves aggrieved, shall request Congress to call such Convention, the Legislature of Illinois will and does concur in such call.

NEW JERSEY.

Joint Resolutions in relation to the Union of the States.

Whereas, the people of New Jersey, conforming to the opinion of "the Father of his Country," consider the unity of the Government, which constitutes the people of the United States one people, a main pillar in the edifice of their independence, the support of their tranquillity at home and peace abroad, of their prosperity, and of that liberty which they so highly prize; and properly estimating the immense value of their National Union to their individual happiness, they cherish a cordial, habitual, and immovable attachment to it as the palladium of their political safety and prosperity; therefore,

1. Be it resolved by the Senate and General Assembly of the State of New Jersey, That it is the duty of every good citizen, in all suitable and proper ways, to stand by and sustain the Union of the States as transmitted to us by our fathers.

2. And be it resolved, That the Government of the United States is a National Government, and the Union it was designed to perfect is not a mere compact or league; and that the Constitution was adopted in a spirit of mutual compromise and concession by the people of the United States, and can only be preserved by the constant recognition of that spirit.

3. And be it resolved, That however undoubted may be the right of the General Government to maintain its authority and enforce its laws over all parts of the country, it is equally certain that forbearance and compromise are indispensable at this crisis to the perpetuity of the Union, and that it is the dictate of reason, wisdom, and patriotism, peacefully to adjust whatever differences exist between the different sections of the country.

4. And be it resolved, That the resolutions and propositions submitted to the Senate of the United States by the Honorable John J. Crittenden, of Kentucky, for the compromise of the questions in dispute between the people of the northern and of the southern States, or any other constitutional method that will permanently settle the question of slavery, will be acceptable to the people of the State of New Jersey, and the Senators and Representatives in Congress from New Jersey be requested and earnestly urged to support those resolutions and propositions.

5. And be it resolved, That as the Union of the States is in imminent danger unless the remedies before suggested be speedily adopted, then, as a last resort, the State of New Jersey hereby makes application, according to the terms of the Constitution, of the Congress of the United States, to call a Convention (of the United States) to propose amendments to said Constitution.

6. And be it resolved, That such of the States as have in force laws which interfere with the constitutional rights of citizens of the other States, either in regard to their persons or property, or which militate against the just construction of that part of the Constitution that provides that "the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States," are earnestly urged and requested, for the sake of peace and the Union, to repeal all such laws.

7. And be it resolved, That his Excellency Charles S. Olden, Peter D. Vroom, Robert F. Stockton, Benjamin Williamson, Joseph F. Randolph, Frederick T. Frelinghuysen, Rodman M. Price, William O. Alexander, and Thomas J. Stryker, be appointed Commissioners to confer with Congress and our sister States, and urge upon them the importance of carrying into effect the principles and objects of the foregoing resolutions.

8. And be it resolved, That the Commissioners above named, in addition to their other powers, be authorized to meet with those now or hereafter to be appointed by our sister State of Virginia, and such Commissioners of other States as have been, or may be hereafter appointed, to meet at Washington on the fourth day of February next.

9. And be it resolved, That copies of the foregoing resolutions be sent to the President of the Senate and Speaker of the House of Representatives of the United States, and to the Senators and Representatives in Congress from New Jersey, and to the Governors of the several States.

NEW YORK.

Concurrent Resolutions appointing Commissioners from this State to meet Commissioners from other States at Washington, on invitation of Virginia.

Whereas, the State of Virginia, by resolutions of her General Assembly, passed the 19th instant, has invited such of the slaveholding and non-slaveholding States as are willing to unite with her, to meet at Washington, on the fourth of February next, to consider, and, if practicable, agree on some suitable adjustment of our national difficulties; and whereas, the people of New York, while they hold the opinion that the Constitution of the United States, as it is, contains all needful guarantees for the rights of the States, are nevertheless ready, at all times, to confer with their brethren upon all alleged grievances; and to do all that can justly be required of them to allay discontent; therefore

Resolved, That David Dudley Field, William Curtis Noyes, James S. Wadsworth, James O. Smith, Amaziah B. James, Erastus Corning, Addison Gardiner, Greene O. Bronson, William E. Dodge, Ex-Governor John A. King, and Major-General John E. Wool, be and are hereby appointed Commissioners, on the part of this State, to meet Commissioners from other States, in the City of Washington, on the fourth day of February next, or so soon thereafter as Commissioners shall be appointed by a majority of the States of the Union, to confer with them upon the complaints of any part of the country, and to suggest such remedies therefor as to them shall seem fit and proper; but the said Commissioners shall at all times be subject to the control of this Legislature, and shall cast five votes to be determined by a majority of their number.

Resolved, That in thus acceding to the request of Virginia, it is not to be understood that this Legislature approves of the propositions submitted by the General Assembly of that State, or concedes the propriety of their adoption by the proposed Convention. But while adhering to the position she has heretofore occupied, New York will not reject an invitation to a conference, which, by bringing together the men of both sections, holds out the possibility of an honorable settlement of our national difficulties, and the restoration of peace and harmony to the country.

Resolved, That the Governor be requested to transmit a copy of the foregoing resolutions to the Executive of the several States, and also to the President of the United States, and to inform the Commissioners without delay of their appointment.

Resolved, That the foregoing resolutions be transmitted to the honorable the Senate, with a request that they concur therein.

PENNSYLVANIA.

Resolutions to appoint Commissioners to a Convention of the States.

Whereas, the Legislature of the State of Virginia has invited a meeting of Commissioners from the several States of this Union, to be held in the City of Washington, on the fourth day of February next, to consider, and if practicable, agree upon some suitable adjustment of the unhappy differences which now disturb the business of the country and threaten the dissolution of this Union:

And whereas, in the opinion of this Legislature, no reasonable cause exists for this extraordinary excitement which now pervades some of the States, in relation to their domestic institutions, and while Pennsylvania still adheres to, and cannot surrender the principles which she has always entertained on the subject of slavery, this Legislature is willing to accept the invitation of Virginia, and unite with her in an earnest effort to restore the peace of the country, by such means as may be consistent with the principles upon which the Constitution is founded; therefore,

Resolved by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, That the invitation of the Legislature of Virginia to her sister States, for the appointment of Commissioners to meet in the City of Washington, on the fourth of February next, be and the same is hereby accepted; and that the Governor be, and he is hereby authorized to appoint seven Commissioners for the State of Pennsylvania, whose duty it shall be to repair to the City of Washington on the day designated, to meet such Commissioners as may be appointed by any other States which have not authorized or sanctioned the seizure of the forts, arsenals, or other property of the United States, to consider, and if possible, to agree upon suitable measures for the prompt and final settlement of the difficulties which now exist: Provided, That the said Commissioners shall be subject, in all their proceedings, to the instructions of this Legislature.

Resolved, That in the opinion of this Legislature, the people of Pennsylvania do not desire any alteration or amendment of the Constitution of the United States, and any recommendation from this body to that effect, while it does not come within its appropriate and legitimate duties, would not meet with their approval; that Pennsylvania will cordially unite with the other States of the Union in the adoption of any proper constitutional measures adequate to guarantee and secure a more strict and faithful observance of the second section of the fourth article of the Constitution of the United States, which provides, among other things, that "the citizens of each State shall be entitled to all privileges and immunities of citizens of the several States," and that no person held to service or labor in one State under the law 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 the claim of the party to whom such service or labor may be due.

MASSACHUSETTS.

Resolve for the appointment of Commissioners to attend a Convention to be held in the City of Washington.

Whereas, the Commonwealth of Massachusetts is desirous of a full and free conference with the General Government, and with any or all of the other States of the Union, at any time and on every occasion when such conference may promote the welfare of the country; and whereas, questions of grave moment have arisen touching the powers of the Government and the relations between the different States of the Union; and whereas, the State of Virginia has expressed a desire to meet her sister States in Convention at Washington; therefore,

Resolved, That the Governor of this Commonwealth, by and with the advice and consent of the Council, be and he hereby is authorized to appoint seven persons as Commissioners, to proceed to Washington to confer with the General Government, or with the separate States, or with any association of delegates from such States, and to report their doings to the Legislature at its present session; it being expressly declared that their acts shall be at all times under the control, and subject to the approval or rejection of the Legislature.

RHODE ISLAND.

Whereas, the General Assembly of the Commonwealth of Virginia, on the 19th day of January inst., adopted resolutions inviting the sister States of this Union to appoint Commissioners to meet on the fourth day of February next, in the City of Washington, to consider the practicability of agreeing on terms of adjustment of our present national troubles:

Resolved, That the Governor be, and he is hereby authorized to appoint five Commissioners, on the part of this State, to meet such Commissioners as may be appointed by other States, in the City of Washington, on the fourth day of February next, to consider and, if practicable, agree upon some amicable adjustment of the present unhappy national difficulties, upon the basis and in the spirit of the Constitution of the United States.

MISSOURI.

Joint Resolution to appoint Commissioners.

Resolved by the House of Representatives, the Senate concurring therein, That Waldo P. Johnson, John D. Coalter, A.W. Doniphan, Harrison Hough, and A.H. Buckner be appointed Commissioners on the part of the State of Missouri, to meet Commissioners from Virginia, and other States, in Convention at Washington City, on the 4th of February, 1861, to endeavor to agree upon some plan of adjustment of existing difficulties, so as to preserve or to reconstruct the Union of these States, and to secure the honor and equal rights of the slaveholding States. Said Commissioners shall always be under the control of the General Assembly, except when the State Convention shall be in session, during which time they shall be under the control of the Convention.

No. II.

The following is a corrected list of the Delegates to the Conference, with their respective post office address.

Maine.—William P. Fessenden, Biddeford; Lot M. Morrill; Daniel E. Somes, Biddeford; John J. Perry, Oxford; Ezra B. French, Damariscotta; Freeman H. Morse, Bath; Stephen Coburn; Stephen C. Foster, Pembroke.

New Hampshire.—Amos Tuck, Exeter; Levi Chamberlain; Asa Fowler, Concord.

Vermont.—Hiland Hall, North Bennington; Levi Underwood, Burlington; H. Henry Baxter, Rutland; L.E. Chittenden, Burlington; B.D. Harris, Brattleboro'.

Massachusetts.—John Z. Goodrich, Stockbridge; Charles Allen, Worcester; George S. Boutwell, Groton; Theophilus P. Chandler, Boston; Francis B. Crowninshield, Boston; John M. Forbes, Salem; Richard P. Waters, Salem.

Rhode Island.—Samuel Ames, Providence; Alexander Duncan, Providence; William W. Hoppin, Providence; George H. Browne, Providence; Samuel G. Arnold, Providence.

Connecticut.—Roger S. Baldwin, Windham; Chauncey F. Cleveland; Charles J. McCurdy, Lyme; James T. Pratt; Robbins Battell; Amos S. Treat, Bridgeport.

New York.—David Dudley Field, New York; William Curtis Noyes, New York; James S. Wadsworth, Geneseo; James C. Smith, Canandaigua; Amaziah B. James, Ogdensburg; Erastus Corning, Albany; Francis Granger, Canandaigua; Greene C. Bronson, New York; William E. Dodge, New York; John A. King, Jamaica; John E. Wool, Troy.

New Jersey.—Charles S. Olden, Princeton; Peter D. Vroom, Trenton; Robert F. Stockton, Princeton; Benjamin Williamson, Elizabeth; Joseph F. Randolph, Trenton; Frederick T. Frelinghuysen, Newark; Rodman M. Price, Harrison, Hudson Co.; William C. Alexander, P.O., 92 Broadway, N.Y.; Thomas J. Stryker, Trenton.

Pennsylvania.—James Pollock, Milton; William M. Meredith, Philadelphia; David Wilmot, Towanda; A.W. Loomis, Pittsburg; Thomas E. Franklin, Lancaster; William McKennan, Washington; Thomas White, Indiana.

Delaware.—George B. Rodney, Newcastle; Daniel M. Bates, Wilmington; Henry Ridgely, Dover; John W. Houston, Milford; William Cannon, Bridgeville.

Maryland.—John F. Dent, Milestown; Reverdy Johnson, Baltimore; John W. Crisfield, Princess Ann; Augustus W. Bradford, Govanstown; William T. Goldsborough, Cambridge; J. Dixon Roman, Hagerstown; Benjamin C. Howard, Catonsville.

Virginia.—John Tyler, Sherwood Forest; William C. Rives; John W. Brockenbrough, Lexington; George W. Summers, Kanawha C.H.; James A. Seddon, Goochland.

North Carolina.—George Davis, Wilmington; Thomas Ruffin, Graham; David S. Reid, Pleasantville; D.M. Barringer, Raleigh; J.M. Morehead, Greenboro'.

Tennessee.—Samuel Milligan, Greenville; Josiah M. Anderson, Walnut Valley; Robert L. Carruthers, Lebanon; Thomas Martin, Pulaski; Isaac R. Hawkins, Huntington; A.W.O. Totten, Jackson; R.J. McKinney, Knoxville; Alvin Cullom, Livingston; William P. Hickerson, Manchester; George W. Jones, Fayetteville; F.K. Zollicoffer, Nashville; William H. Stephens, Jackson.

Kentucky.—William O. Butler, Carrollton; James B. Clay, Ashland; Joshua F. Bell, Danville; Charles S. Morehead, Louisville; James Guthrie, Louisville; Charles A. Wickliffe, Bardstown.

Missouri.—John D. Coalter, St. Louis; Alexander W. Doniphan, Liberty; Waldo P. Johnson, Osceola; Aylett H. Buckner, Bowling Green; Harrison Hough, Charleston.

Ohio.—Salmon P. Chase, Columbus; William S. Groesbeck, Cincinnati; Franklin T. Backus, Cleveland; Reuben Hitchcock, Cleveland; Thomas Ewing, Lancaster; V.B. Horton, Pomeroy; C.P. Wolcott, Akron.

Indiana.—Caleb B. Smith, Indianapolis; Pleasant A. Hackleman, Rushville; Godlove S. Orth, Lafayette; E.W.H. Ellis, Goshen; Thomas C. Slaughter, Corydon.

Illinois.—John Wood, Quincy; Stephen T. Logan, Springfield; John M. Palmer, Carlinville; Burton C. Cook, Ottowa; Thomas J. Turner, Freeport.

Iowa.—James Harlan, Mt. Pleasant; James W. Grimes, Burlington; Samuel H. Curtis, Keokuk; William Vandever, Dubuque.

Kansas.—Thomas Ewing, jr., Leavenworth; J.C. Stone, Leavenworth; H.J. Adams, Leavenworth; M.F. Conway, Lawrence.

No. III.

In the United States Senate, February 27th, 1861, while the Army Appropriation bill was under consideration, proceedings relating to the Peace Conference were opened as follows:

Mr. POWELL:—Is it in order to move to postpone this bill and take up another?

The PRESIDING OFFICER:—The Chair believes it is in order.

Mr. POWELL:—I move to postpone the Army bill for the purpose of taking up the resolutions to amend the Constitution proposed by my colleague. For several weeks Senators have declined to make an effort to call up the propositions of my colleague, for the reason that certain Peace Commissioners were in session in this capital, convened at the call of the State of Virginia. I am confident now that that Commission, or Peace Congress, or Conference, or whatever you may call it, will not accomplish any thing. Indeed, certain facts have fallen under my notice, that cause me to believe that it has been the fixed purpose of certain Republicans that that Conference should not accomplish any thing. I believe, sir, that certain commissioners from States of this Union have been brought into that Conference for the purpose of preventing them from agreeing on any thing. I have thought that for some time past. A friend sent to me yesterday the Detroit Free Press, containing two letters from the distinguished Senators from the State of Michigan to their Governor, which, I think, clearly and fully establish the fact that the Republicans, a portion of them at least, instead of sending commissioners to that Conference with a view to inaugurate something that would compromise the difficulties by which we are surrounded, and save this country from ruin, have absolutely been engaged in the work of sending delegates there to prevent that commission from doing any thing. I send this paper to the desk, and ask the Secretary to read these letters.

The Secretary read as follows:

Washington, February 15th, 1861.

Dear Sir: When Virginia proposed a Convention in Washington, in reference to the disturbed condition of the country, I regarded it as another effort to debauch the public mind, and a step toward obtaining that concession which the imperious slave power so insolently demands. I have no doubt at present but that was the design. I was therefore pleased that the Legislature of Michigan was not disposed to put herself in a position to be controlled by such influences.

The Convention has met here, and within a few days the aspect of things has materially changed. Every free State, I think, except Michigan and Wisconsin, is represented; and we have been assured by friends upon whom we can rely, that if those two States should send delegations of true, unflinching men, there would probably be a majority in favor of the Constitution as it is, who would frown down rebellion by the enforcement of laws. These friends have urged us to recommend the appointment of delegates from our State; and, in compliance with their request, Mr. Chandler and myself telegraphed to you last night. It cannot be doubted that the recommendations of this Convention will have a very considerable influence upon the public mind, and upon the action of Congress.

I have a great disinclination to any interference with what should properly be submitted to the wisdom and discretion of the Legislature, in which I place great reliance; but I hope I shall be pardoned for suggesting that it may be justifiable and proper, by any honorable means, to avert the lasting disgrace which will attach to a free people who, by the peaceful exercise of the ballot, have just released themselves from the tyranny of slavery, if they should now succumb to treasonable threats, and again submit to a degrading thraldom. If it should be deemed proper to send delegates, I think, if they could be here by the 20th, it would be in time.

I have the honor, with much respect, to be truly yours,

K.S. BINGHAM.

To his Excellency Governor Blair.

Mr. FESSENDEN:—I submit whether it is in order to go into a discussion on this motion. If so, I suppose this must be regarded as a part of the speech.

The PRESIDING OFFICER:—The Chair understood the discussion to be in order. It was certainly not objected to at the time the Senator commenced.

Mr. FESSENDEN:—It is not too late to raise the point.

The PRESIDING OFFICER:—The motion is to lay aside one bill and take up other business; and the Chair understood the Senator from Kentucky to be giving his reasons why he wished that to be done.

Mr. FESSENDEN:—If it is in order, of course I cannot object to it; but I raise that question.

The PRESIDING OFFICER:—The Senator from Maine raises the question whether this debate is in order.

Mr. POWELL:—There was no objection to my proceeding, and I suppose I have a right to go on. I wish the letters read as part of my speech.

Mr. FESSENDEN:—There is no objection to reading them.

The PRESIDING OFFICER:—The Chair has decided that the Senator from Kentucky is in order.

Mr. POWELL:—I have not yielded, except for the purpose of reading these letters.

The PRESIDING OFFICER:—Is an appeal taken from the decision of the Chair?

Mr. FESSENDEN:—I take no appeal.

The Secretary read as follows:

Washington, February 11th, 1861.

My Dear Governor: Governor Bingham and myself telegraphed you on Saturday, at the request of Massachusetts and New York, to send delegates to the Peace or Compromise Congress. They admit that we were right and that they were wrong; that no Republican State should have sent delegates; but they are here and cannot get away. Ohio, Indiana, and Rhode Island are caving in, and there is danger of Illinois; and now they beg us, for God's sake, to come to their rescue, and save the Republican party from rupture. I hope you will send stiff-backed men, or none. The whole thing was gotten up against my judgment and advice, and will end in thin smoke. Still, I hope as a matter of courtesy to some of our erring brethren, that you will send the delegates.

Truly your friend,

Z. CHANDLER.

His Excellency Austin Blair.

P.S.—Some of the manufacturing States think that a fight would be awful. Without a little blood-letting this Union will not, in my estimation, be worth a rush.

Mr. POWELL:—I think it evident from these letters, that there is, and has been, a fixed purpose in certain quarters, that the Peace Conference should do nothing. Indeed, it seems, from the letter of the Senator from Michigan [Mr. Chandler], that while he opposed any Republican State going into this Conference, yet, as some of them were there, and Indiana, and Illinois, and Ohio, and Rhode Island were about to cave in, on the advice of Massachusetts and New York he asked Michigan to come in and relieve them, and save the Republican party from rupture. Is it possible that the Republican party is to be saved, even if the Union be destroyed? It is very evident that those "stiff-backed" gentlemen were to be sent here in order to prevent any compromise being presented. The object, then, as I stated, on the part of certain members on the other side of the Chamber, has been to send delegates to the Conference for the purpose of preventing any compromise measures being proposed by that body. They desire, in the language of these letters, to save their party from destruction. They say that if the Conference should agree on any thing, it would have a demoralizing effect upon the people, and upon the two Houses of Congress. In one word, it will have the effect to make a rupture in the Republican party, which, in the estimation of the Senators, is higher, holier, and better, it seems, than the Union.

In consequence of this fact being apparent, that it is not the design or the intention that the Peace Conference should do any thing, I think we should not wait for it any longer, but the Senate should proceed at once to the consideration of the amendments to the Constitution proposed by my colleague. I think we had better be engaged in that work—one that is calculated, if the propositions of my colleague should pass, in my opinion, to save the country from further disintegration. I think we had better be at that, than be appropriating money to support an Army that is to be engaged, it seems, in the work of blood-letting. The Senator from Michigan thinks the Government is not worth a rush until it shall have drawn a little blood. I hope my motion will prevail, and that we shall lay this bill aside and proceed to the consideration of the measures proposed by my colleague.

Mr. CHANDLER:—The Senator from Kentucky has read what purports to be a short note that I sent the other day to the Governor of Michigan. Whether it is a correct copy or not, I cannot say; I kept no copy of it, nor do I care.

Mr. POWELL:—If the Senator will allow me one word, I will state to the Senate that, when I received this paper, yesterday—

Mr. CHANDLER:—I was about to state that.

Mr. POWELL:—I asked both the Senators if the letters were right. They told me they kept no copies, but they believed they were substantially so.

Mr. CHANDLER:—I was going to say that. Now, sir, I desire to answer the Senator from Kentucky, and to set myself right on this question—(my position from the first has been well known upon this question, and upon most others)—but, at the earnest solicitation of the Senator from Maine, who has charge of this bill, I will forego the response which I intended to make, and which I shall make to the Senator from Kentucky, for the present, for the purpose of going on and disposing of the Army appropriation bill. At another day I propose to give my views more at large upon these compromise measures, that the Senator from Kentucky seems so anxious to take up at this time. I am as anxious as he is to go into that discussion. I am anxious to go into it. It is a question that ought to be discussed. It is a question in which the people of Michigan take a deep interest. They are opposed to all compromises; they do not believe that any compromise is necessary; nor do I. They are prepared to stand by the Constitution of the United States as it is; to stand by the Government as it is; ay, sir, to stand by it to blood, if necessary.

Mr. POWELL:—I ask for the yeas and nays on my motion.

The yeas and nays were ordered.

Mr. MASON:—I ask the general permission of the Senate to give notice that at three o'clock I shall move to go into executive session; and if it is not agreed to, I shall then ask that the galleries may be cleared, for the purpose of disclosing what I consider ought to be passed on in executive session.

Mr. JOHNSON, of Tennessee:—If I can obtain the attention of the Senator from Kentucky, I wish to make a suggestion. Those resolutions, as I understood, went over until last Monday at one o'clock, and were then to be taken up and considered. I do not know whether the motion was made in that way, or whether it was an informal understanding that they should be taken up last Monday for consideration; but as the Army bill is now under consideration, and the time is growing short, would it not be better to have a night session, and postpone the subject until seven o'clock this evening, and let it be taken up at that time; and then let this other bill go on to-day? Those who want to make speeches on those resolutions could do it to-night; we should thus save time and expedite business.

Mr. FESSENDEN:—I think the Senator from Virginia has given an additional very good reason for taking up the Army bill, and going through with it; and not postponing it for speeches at the present time.

The question being taken by yeas and nays, resulted—yeas 17, nays 27; as follows:

Yeas.—Messrs. Bayard, Bigler, Bragg, Bright, Clingman, Douglas, Fitch, Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Polk, Powell, and Rice—17.

Nays.—Messrs. Anthony, Baker, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Morrill, Pearce, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and Wilson—27.

So the motion to postpone the Army bill, in order to take up the resolutions of Mr. Crittenden, was not agreed to.

Subsequently the following action, by the Senate, was taken on the report of the Peace Conference.

The VICE-PRESIDENT:—The Chair has received a communication from Ex-President Tyler, as President of the Conference which has been recently sitting in this city, which he will lay before the Senate; and also the proceedings of that body.

The Secretary read the communication, as follows:

To the Senate of the United States:

I am instructed, as the presiding officer of the Convention, composed of Commissioners appointed by twenty-one States, now in session in this city to deliberate upon the present unhappy condition of the country, to present to your honorable body the accompanying request and proposed amendment.

JOHN TYLER,

President of the Convention.

Washington, D.C., February 27, 1861.

To the Congress of the United States:

The Convention assembled, upon the invitation of the State of Virginia, to adjust the unhappy differences which now disturb the peace of the Union, and threaten its continuance, make known to the Congress of the United States that their body convened in the City of Washington on the fourth instant, and continued in session until the twenty-seventh.

There were in the body, when action was taken upon that which is here submitted, one hundred and thirty-three Commissioners, representing the following States: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois, Iowa, Wisconsin, and Kansas. They have approved what is herewith submitted, and respectfully request that your honorable body will submit it to conventions in the States as article thirteen of the amendments to the Constitution of the United States.

Attest: J. HENRY PULESTON,

Secretary.

Article XIII.

Sec. 1. In all the present territory of the United States north of the parallel of 36° 30´ of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line, the status of persons held to involuntary service or labor, as it now exists, shall not be changed; nor shall any law be passed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of the States of this Union to said territory, nor to impair the rights arising from said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law. When any Territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, 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 involuntary servitude, as the constitution of such State may provide.

Sec. 2. No territory shall be acquired by the United States, except by discovery and for naval and commercial stations, depots, and transit routes, without the concurrence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States which prohibit that relation; nor shall territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States hereinbefore mentioned be cast as a part of the two thirds majority necessary to the ratification of such treaty.

Sec. 3. Neither the constitution, nor any amendment thereof, shall be construed to give Congress power to regulate, abolish, or control, within any State, the relation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to interfere with or abolish involuntary service in the District of Columbia without the consent of Maryland and without the consent of the owners, or making the owners who do not consent just compensation; nor the power to interfere with or prohibit Representatives and others from bringing with them to the District of Columbia, retaining, and taking away, persons so held to labor or service; nor the power to interfere with or abolish involuntary service in places under the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized; nor the power to prohibit the removal or transportation of persons held to labor or involuntary service in any State or Territory of the United States to any other State or Territory thereof where it is established or recognized by law or usage, and the right during transportation, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; but not the right of transit in or through any State or Territory, or of sale or traffic, against the laws thereof. Nor shall Congress have power to authorize any higher rate of taxation on persons held to labor or service than on land. The bringing into the District of Columbia of persons held to labor or service, for sale, or placing them in depots to be afterwards transferred to other places for sale as merchandise, is prohibited.

Sec. 4. The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due.

Sec. 5. The foreign slave-trade is hereby forever prohibited; and it shall be the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor, into the United States and the Territories from places beyond the limits thereof.

Sec. 6. The first, third, and fifth sections, together with this section of those amendments, and the third paragraph of the second section of the first article of the Constitution, 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.

Sec. 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 assemblages, 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.

Mr. MASON:—I suppose the proper disposition is to have it printed.

Mr. CRITTENDEN:—There is nothing to print.

Mr. GREEN:—And refer it to the Committee for the District of Columbia. I think that is about right.

Mr. CRITTENDEN:—I move that it be referred to a select committee, with instructions to report to-morrow morning.

Mr. MASON:—We ought certainly to have it printed.

Mr. DOUGLAS:—It can be printed in the mean time.

Mr. FESSENDEN:—We should have time to look at it.

The VICE-PRESIDENT:—It is moved that the communication be printed and referred to a select committee, with instructions to report to-morrow morning.

Mr. BIGLER:—I would be glad to make a suggestion to the Senator from Kentucky, that he name in addition an hour to-morrow at which the consideration of the report shall be in order, or else a single objection will throw it over to the next day.

Mr. CRITTENDEN:—Well, to-morrow at twelve o'clock, I would say. ["One."] I move one o'clock.

Mr. BIGLER:—With instructions to the committee to report to-morrow morning, and that the report be the special order at one o'clock?

Mr. CRITTENDEN:—Yes, sir.

The VICE-PRESIDENT:—Does the Senator indicate the number of the committee?

Mr. GREEN:—Seventeen.

Mr. DOUGLAS:—Five is enough.

Mr. CRITTENDEN:—A committee of five; no more.

Mr. COLLAMER:—I would suggest to gentlemen not only that it be made the order of the day for twelve o'clock to-morrow, but that it be adopted by three-fourths of the States the next day. [Laughter.]

The VICE-PRESIDENT:—It is moved and seconded that the communication be printed and referred to a select committee of five members, to report to-morrow at one o'clock.

Mr. HALE:—I ask for a division of the question.

The VICE-PRESIDENT:—The first question will be on printing.

The motion to print was agreed to.

The VICE-PRESIDENT:—The next question is that the communication be referred to a select committee of five, with instructions to report to-morrow at one o'clock.

Mr. HALE:—I ask for a division of that.

The VICE-PRESIDENT:—How would it be divided?

Mr. HALE:—The motion to refer to a select committee is one proposition, and the instructions are another.

The VICE-PRESIDENT:—That is the form in which the Senator wants it divided?

Mr. HALE:—Yes, sir.

Mr. BIGLER:—As the Chair states the proposition, it does not reach the object which the Senator from Kentucky had in view. The instructions should be that the committee report to-morrow morning, and that the report shall be the special order at one o'clock. Unless that is done, one objection will put it over.

The VICE-PRESIDENT:—The Senator from New Hampshire asks for a division of the question, and it is susceptible of division. The first question is on referring the communication to a special committee of five.

The motion was agreed to.

The VICE-PRESIDENT:—The next branch of the proposition is that that committee be instructed to report to-morrow morning, and that their report be made the special order for to-morrow at one o'clock.

Mr. HALE:—On that, I should like to have the yeas and nays.

The yeas and nays were ordered.

The VICE-PRESIDENT:—The question is upon directing the committee to report to-morrow morning, and that the report be made the special order for to-morrow at one o'clock.

The Secretary proceeded to call the roll.

Mr. CLINGMAN:—Though I am utterly opposed to the proposition, I am willing to give it the direction its friends desire, and I vote "yea."

Mr. LATHAM:—I desire to change my vote. I have no confidence in this thing, and I fear it will be an unnecessary consumption of time; but I yield to the judgment of my political associates and I vote "yea."

The result was announced—yeas 26, nays 21; as follows:

Yeas.—Messrs. Anthony, Baker, Bayard, Bigler, Bragg, Bright, Clingman, Crittenden, Dixon, Douglas, Fitch, Foster, Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Rice, Sebastian, and Thomson—26.

Nays.—Messrs. Bingham, Chandler, Clark, Collamer, Doolittle, Durkee, Fessenden, Foot, Green, Grimes, Hale, Harlan, King, Morrill, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, and Wilson—21.

So the motion was agreed to.

Mr. CRITTENDEN:—I move that the committee be appointed by the Chair.

The motion was agreed to; and Mr. Crittenden, Mr. Bigler, Mr. Thomson, Mr. Seward, and Mr. Trumbull, were appointed the committee.

On the 28th of February the committee so appointed, presented to the Senate the following report, and the following action was taken thereon:

Mr. CRITTENDEN:—The select committee, to whom was referred the communication received yesterday from the Convention assembled in this place, commonly called the Peace Convention, with instructions to report by twelve o'clock to-day, have had the subject under consideration, and have directed me to make the following report—

Mr. HALE:—I object to its consideration to-day.

The PRESIDING OFFICER (Mr. Fitch in the chair):—Objection being made, it cannot be considered until one o'clock, but it will be read.

The Secretary read the joint resolution reported by Mr. Crittenden (S. No. 70), proposing certain amendments to the Constitution of the United States, as follows:

Joint Resolution proposing certain amendments to the Constitution of the United States.

Whereas Commissioners, appointed on the invitation of the State of Virginia, by the following States, respectively: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Indiana, Illinois, Iowa, Wisconsin, and Kansas, have met in Convention at the City of Washington, for the purpose of considering the distracted and perilous condition of the country, and proposing measures for the preservation of the peace, the safety of the people, and the security of the Union, and having performed that duty, and communicated to Congress the result of their deliberations, with a request and recommendation on the part and in the name of said States, that the following be proposed to the several States as amendments to the Constitution of the United States, according to the fifth article of said instrument, namely: [See article preceding.]

Mr. SEWARD:—Mr. President—

Mr. GWIN:—I think I am on the floor.

Mr. SEWARD:—I desire to speak a word from the committee touching the present report.

Mr. GWIN:—Certainly.

Mr. HALE:—I object to its present consideration.

Mr. SEWARD:—I am not proposing to consider it.

Mr. BIGLER:—The Senator from New Hampshire has no right to make the objection.

Mr. SEWARD:—I am not proposing to consider it at the present moment; but I am desirous of making an explanation from the committee, touching the report made by the Senator from Kentucky. The honorable Senator from Illinois [Mr. Trumbull], and myself, constituted a minority of the committee. We dissent from the report, and we proposed in committee to submit a substitute. The majority held that, for some reason, sufficient in their estimation, we were not entitled to submit a minority report. I therefore ask leave of the Senate to introduce a joint resolution in my own name, and in which the honorable Senator from Illinois authorized me to say that he concurs with me, and which I ask unanimous consent to have read and printed; and it will be the subject of consideration at such time hereafter as the Senate shall choose to hear it, either in connection with the other or not.

Mr. MASON:—Is it in the form of a report?

Mr. SEWARD:—No; it is not insisted on in that form; it is submitted on my own behalf. I desire that it may be read for information and printed, subject to the future action of the Senate.

The proposition of Mr. Seward was read, as follows:

A joint resolution concerning a National Convention to propose amendments to the Constitution of the United States.

Whereas, The Legislatures of the States of Kentucky, New Jersey, and Illinois, have applied to Congress to call a Convention for proposing amendments to the Constitution of the United States: Therefore,

Be it Resolved, &c., That the Legislatures of the other States be invited to take the subject into consideration, and to express their will on that subject to Congress, in pursuance of the fifth article of the Constitution.

Mr. BIGLER:—I desire to make—

The PRESIDING OFFICER:—The Senator from California was on the floor. No action is now requested on the paper just offered, only a motion to print. Shall the paper be printed?

Mr. HALE:—Was it read for information?

The PRESIDING OFFICER:—For information only.

Mr. SEWARD:—I move that it be printed.

The PRESIDING OFFICER:—The Chair hears no objection.

Mr. BIGLER:—I desire to make a remark in reference to the question of order made by the Senator from New Hampshire. The Senator objects to the consideration of the report to-day. Yesterday, when the Senator from Kentucky made the motion, I insisted on further moving that the report of the committee should be the special order at one o'clock to-day.

The PRESIDING OFFICER:—That is the record.

Mr. BIGLER:—That instruction was offered, and therefore the Senator's objection will not apply.

Mr. HALE:—Therefore it will.

Mr. SEWARD:—I insist on the motion to print.

The PRESIDING OFFICER:—The Senator from California is on the floor. The Senator from New Hampshire having objected to the present consideration of the resolution reported by the Senator from Kentucky, for the time being it cannot be considered.

Mr. SEWARD:—Will the Senator from California allow the question to be put on my motion to print?

The PRESIDING OFFICER:-The Chair heard no objection to that; and it was ordered.

Mr. DOOLITTLE:—The Senator from California will allow me to say a single word. I observe that, in this report, the State of Wisconsin is mentioned as having sent delegates to this Convention, commonly denominated the Peace Convention. That is a mistake. I desire, also, to give notice that when this subject shall come up for consideration, I shall offer as an amendment to the first section of article thirteen, as proposed, the following proviso:

Provided, however (and this section shall take effect upon the express condition), That no State, or any part thereof, heretofore admitted, or hereafter to be admitted, into the Union, shall have power to withdraw from the jurisdiction of the United States; and that this Constitution, and all laws passed in pursuance thereof, shall be the supreme law of the land therein, any thing contained in any constitution, act, or ordinance of any State Legislature or Convention to the contrary notwithstanding.

The section will then read as follows:

Sec. 1. In all the present territory of the United States north of the parallel of 36° 30´ of north latitude, involuntary servitude, except in punishment of crime, is prohibited. In all the present territory south of that line, the status of persons held to involuntary service or labor, as it now exists, shall not be changed; nor shall any law be passed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of the States of the Union to said territory, nor to impair the rights arising from the said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law. When any Territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, 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 involuntary servitude, as the Constitution of such State may provide; Provided, however (and this section shall take effect upon the express condition), That no State, nor any part thereof, heretofore admitted, or hereafter to be admitted into the Union, shall have power to withdraw from the jurisdiction of the United States; and that the Constitution, and all laws passed in pursuance thereof, shall be the supreme law of the land therein, any thing contained in any constitution, act, or ordinance, of any State Legislature or Convention to the contrary notwithstanding.

And I desire that that amendment, which I now send to the Chair, may be printed.

The PRESIDING OFFICER:—Is there any objection to printing the paper which the Senator has just read? The Chair hears no objection.

The same day the Report of the Peace Conference was called up for consideration, when Senator Hale objected to the consideration of the report. Considerable discussion then ensued, in which Messrs. Hale, Bigler, Trumbull, Crittenden, and Dixon participated. This discussion related merely to the question, whether under the rules of the Senate the Report of the Peace Conference could at this time be taken up. The merits of the report were not considered, and for that reason it is not deemed necessary to report the proceedings of the Senate in this respect. The joint rules of the two Houses were suspended in order that another subject might be taken up, and no decision was had upon the question, whether the Report of the Peace Conference at this time should be considered.

The allotted time having been consumed in this discussion, the Senate proceeded to the consideration and disposal of several orders of the day. On the first of March it resumed action on the Report of the Peace Conference.

The PRESIDING OFFICER (Mr. Fitch):—It is the duty of the Chair to announce the special order of the day, being the joint resolution (S. No. 70) proposing certain amendments to the Constitution of the United States.

Mr. DOUGLAS:—I ask that the resolutions from the House of Representatives, in regard to amendments of the Constitution, be laid before the Senate, in order that they may be considered at the same time.

The PRESIDING OFFICER:—The Chair will lay before the Senate a joint resolution from the House of Representatives.

The joint resolution (H.R. No. 80) to amend the Constitution of the United States, was read the first time by its title.

Mr. DOUGLAS:—I ask that that be made the special order at the same time, in connection with the joint resolution reported by the Senator from Kentucky.

Mr. MASON:—I have looked at that joint resolution, and it certainly ought to be committed to a committee to correct its English. It is unintelligible.

Mr. DOUGLAS:—My object is merely to have it considered at the same time with the other.

The PRESIDING OFFICER:—The joint resolution will have its second reading.

The joint resolution (H.R. No. 80) was read a second time by its title.

The PRESIDING OFFICER:—It is now the subject of any motion that may be made in regard to it.

Mr. DOUGLAS:—I move that it be made the special order in connection with the joint resolution reported by the Senator from Kentucky.

Mr. CLARK:—How does that happen to be in order here when there is a special order called up?

The PRESIDING OFFICER:—It is not in order to consider it, except by unanimous consent.

Mr. CLARK, Mr. BINGHAM, and Mr. SUMNER:—I object.

The PRESIDING OFFICER:—The special order is before the Senate.

Mr. DOUGLAS:—I ask that the other resolutions which have come from the House of Representatives, be read. There are two of them, I believe.

The House joint resolutions (No. 64) declaratory of the opinion of Congress in regard to certain, questions now agitating the country, and of measures calculated to reconcile existing differences, were read the first time by the title.

The PRESIDING OFFICER:—The second reading—

Mr. CHANDLER and others:—I object.

The PRESIDING OFFICER:—Is objection made?

Mr. CHANDLER:—I withdraw my objection.

Mr. SUMNER:—I object.

The PRESIDING OFFICER:—Objection being made, it cannot be read the second time.

Mr. SIMMONS:—It passed the other House unanimously. There can be no objection, I think.

Mr. CLARK:—We have another subject up.

The PRESIDING OFFICER:—The special order is before the Senate. The question is on the second reading.

The joint resolution (S. No. 70) proposing certain amendments to the Constitution of the United States, was read the second time, and considered as in Committee of the Whole.

Mr. PUGH:—Let the resolution be read, not the proposition itself, but the formal part, the introduction.

Mr. HUNTER:—Is that open to amendment now?

The PRESIDING OFFICER:—It is in Committee of the Whole, and open to amendment. The reading of the formal part of the joint resolution is called for.

The Secretary read it.

Mr. SEWARD:—I offer the following as a substitute:

Strike out all after the word "whereas," in the preamble, to the end of the resolution, and insert:

The Legislatures of the States of Kentucky, New Jersey, and Illinois, have applied to Congress to call a Convention for proposing amendments to the Constitution of the United States; Therefore,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislatures of the other States be invited to take the subject of such a Convention into consideration, and to express their will on that subject to Congress, in pursuance of the fifth article of the Constitution.

The PRESIDING OFFICER:—The Chair understands that a proviso was offered to the matter that the Senator from New York proposes to strike out. The vote will first be taken on the proviso offered by the Senator from Wisconsin [Mr. Doolittle], to insert at the end of section one of article thirteen:

Provided, however (and this section shall take effect upon the express condition), That no State, nor any part thereof, heretofore admitted, or hereafter to be admitted into the Union, shall have power to withdraw from the jurisdiction of the United States; and that this Constitution, and all laws passed in pursuance thereof, shall be the supreme law of the land, any thing contained in any constitution, act, or ordinance of any State Legislature or Convention to the contrary notwithstanding.

Mr. HUNTER:—I believe that the amendment of the Senator from Wisconsin is not pending.

The PRESIDING OFFICER:—The Senator from Wisconsin proposes that as a proviso to the matter which the Senator from New York moves to strike out; and the question must first be taken on that.

Mr. HUNTER:—I did not know that that was before the Senate.

Mr. BIGLER:—He only gave notice of it.

Mr. HUNTER:—I thought the Senator from Wisconsin only gave notice that he would offer it.

The PRESIDING OFFICER:—The Chair may have misunderstood the Senator's motion at the time. He called for the printing of it; but if that is the understanding of the Senate—

Mr. SEWARD:—What does the record say?

The PRESIDING OFFICER:—The Chair understands that the record presents it as "intended to be offered."

Mr. SEWARD:—Then the question is on the substitute. I ask that the question be taken.

Mr. HUNTER:—I have an amendment to submit. I propose to amend the first section of the proposition before us, by inserting in lieu of it the first article of what are called the Crittenden resolutions. I move to strike out the first article of the peace propositions, and to insert:

That in all the territory of the United States now held, or hereafter acquired, situate north of latitude 36° 30´, 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 latitude, 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 constitution of such new State may provide.

Mr. COLLAMER:—I rise to a question of order. It will be observed that this paper is before us under a recital that, whereas these propositions of amendment have been presented by the Commissioners, as they are called, from the several States—naming them—who have asked Congress to submit them, therefore we propose to submit them to the States. The whole proceeding is based and predicated on this recital. I say that it cannot be amended. If it were amended, it would cease to be the application of that body which the recital States. I therefore object to any amendments, except a substitute; perhaps a substitute may be offered striking out the recital and all; but an amendment to it is out of order, in my view.

Mr. HUNTER:—In regard to the question of order, I understand that the recital is the recital of the committee, and that the question before us is on these propositions for amending the Constitution of the United States, which are to be treated as a bill. If so, each section is subject to amendment as a bill would be subject to amendment. It was my purpose to offer the entire series of what are called the Crittenden resolutions, as an amendment to these, and I still intend to offer them, section by section; but I was prevented from offering them in that form, because the Senator from New York got the floor first, and offered his proposition as a substitute. I therefore could not raise the question which I desired to raise, except by offering the amendments, section by section, in order to perfect the original proposition. I submit that it is in order.

Mr. COLLAMER:—I submit, still, my question of order, suggesting to gentlemen that if we make any amendment, we must strike out the recital.

Mr. BIGLER:—I do not see that any ordinary question of order can be raised in this case; but I do think there is a consideration much more grave, and that is the question whether we will treat the series of resolutions presented here by this Peace Congress as a proposition which we ought either to accept or reject. I was one of those in the select committee who took that position. It was manifestly intended that we should accept the entire programme, or reject it. Therefore I was unwilling; and we decided to consider no question of amendment—

Mr. HUNTER:—That is not a question of order, but of propriety. It would be an argument against any amendment.

Mr. BIGLER:—I have said it was no ordinary question of rules; but that there was a far graver question of propriety. I agree with the Senator in that view; and I rose for the purpose of alluding to the view taken of this subject by the select committee. The Senator from New York desired the leave of the committee to report his proposition as a substitute; but the majority of the committee held that the resolutions had not been committed to us for the purpose of considering them and changing them, or substituting something else, but simply to attach to them the formal resolution to present them as amendments to the Constitution for the ratification of the States. For that reason we proposed no amendment; and the Senator from New York yesterday offered his substitute on his own responsibility, because, as I understood him, of the view taken by the committee. Now, sir, I still entertain the view that, while the Senate have a clear right unquestionably to change these resolutions, and to change the resolution of submission to make it conform to any thing we may do, we ought to consider these resolutions sent here by this Peace Conference as a whole, and accept them or reject them; but there can be no question of ordinary rule raised as to the right to offer an amendment; there is a greater, a graver question of propriety as to how they shall be treated.

Mr. SEWARD:—It is not merely a question of form or order, but the proposition of the Senator from Virginia would change the whole character of the transaction. This joint resolution is one single, complete proposition. It is one act. It begins with a declaration by Congress, that "whereas Commissioners, appointed on the invitation of the State of Virginia," have performed a certain duty confided to them, "and communicated to Congress the result of their deliberations, with a request and recommendation on the part and in the name of said States"—of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and the rest of the States represented in the Convention—"the following"—nothing different, nothing originating in Congress, nothing originating anywhere else, but—"the following be proposed to the several States as amendments to the Constitution of the United States, according to the fifth article of said instrument." Now, if we should adopt this whole transaction, we should simply do this: we should submit these amendments to the people of the United States for their acceptance, for the reason that the Peace Convention, as it is called, has considered upon the subject, and thought it grave enough to solicit us to invest it with the legislative or congressional sanction, and so submit it to the Legislatures and conventions of the States; but whenever you have made a single alteration in it, such as is proposed now by the Senator from Virginia, it is not, then, the proposition of the States "of Maine, New Hampshire, Vermont, Massachusetts," or any other States; but it is a recommendation of the Congress of the United States. The whole character is changed. The Convention is swept out of existence in the history of Congress. The resolutions then adopted become the deliberate conviction of the majority of the Congress of the United States, who substitute their own judgment, and their own wisdom, and their own will, for the wishes, the opinions, respectfully submitted to them by the representatives of those States, and take the responsibility of saying that this is what the Peace Convention should have submitted, instead of the proposition which they have sent here.

Mr. HUNTER:—I wish to make a suggestion in regard to the real position of this question, as it now appears before us. The arguments that have been urged by the Senator from Pennsylvania and the Senator from New York might very well be brought up against the propriety of adopting the amendment; but, so far as the question itself stands, it is only brought before us by a report of our committee. The Peace Conference had no power to present questions or make communications to us; but they having made a communication, and we, having respect for that body, agreed to take it up, and we referred their proposition to a committee. The only authority which we have now for considering it in the Senate, is on the recommendation of our committee. This proposition stands here as a recommendation of that committee to alter the Constitution, as proposed by this Conference. It being their recommendation in regard to the alteration of the Constitution, under our rules it stands like a bill; and I have a right to move to amend it, section by section; and in doing so, I should be pursuing the method taken by the Peace Conference, as I understand, for I am told they never took a vote on it as a whole, but voted on it proposition by proposition; and in fact, the majority who passed the propositions were composed of different States, and they never did take a vote on the articles as a whole.

Now, I am proposing to amend this as it comes up, proposition by proposition; and if it would be in order for me to make such a motion, supposing that this proposition had originated with a committee of this body, who had made a report proposing such amendments to the Constitution, I should have a right to make it now, for it is only in that way that it appears legally before us. I say, then, so far as the question of order is concerned, it seems to me that I have clearly a right to do it. I would be willing, in order to get rid of the question of order, to move to strike out the preamble too; but in my opinion it stands before us as a bill would stand. I may amend the particular sections. I am not proposing by this amendment to perfect the whole proposition, but a part of it; and if I should succeed in that, I can then go back, and move to amend the preamble.

So far as the question of order is concerned, I cannot see how it is that I am out of order. There may be a question of propriety. Those who believe that this proposition is one that ought to be accepted as a whole, and ought to be accepted because it comes from this body, eminently respectable, as we all acknowledge it to be, may say that we ought not to amend it; not that we have not the power, but that we ought not to amend it. Those of us, however, who think as I do, that it is a proposition not to be accepted; that it is a proposition highly dangerous, and one which will give rise to great difficulties, on the other hand, may think it eminently proper to amend it. I, thinking in that way, avail myself of what I suppose my parliamentary right, to offer an amendment; and it is upon that question of parliamentary right alone, as I understand, that the Chair is to determine.

Mr. TRUMBULL:—Mr. President, it seems to me very clear that, as a question of order, this proposition does not stand in any respect different from any other. Suppose an individual Senator had thought proper to propose amendments to the Constitution; that they had been referred to a committee; and the committee had approved them: what would it have done? Precisely what this committee has done. It would have reported back the proposition, with a resolution in conformity with that clause of the Constitution which points out the mode of its amendment. The fact that this proposition was adopted by gentlemen from various States does not alter it at all. It comes here as a mere petition. However respectable and dignified the Convention may have been which arrived at these conclusions; however much weight their conclusions may be entitled to in the country, they come here simply as petitioners—in that light, and none other—asking Congress to submit certain resolutions to the States of the Union to be adopted or not as portions of the fundamental law, and, unquestionably, any Senator has a right to propose an amendment in the same way as if they were introduced by an individual Senator. Can it be possible that if I draw up a series of propositions as amendments to the Constitution of the United States, and a select committee thinks proper to recommend them to this body, the hands of the body are tied up, and it must take them, word for word, and letter for letter, as I have drawn them? The question is, whether it is proper to do this; whether the respect due the Peace Convention should not deter gentlemen from offering amendments, is a question we are not discussing. The point is one of order; and as a question of order, I was astonished when the Senator from Pennsylvania first suggested it.

Mr. BIGLER:—I suggested no question of order.

Mr. TRUMBULL:—I did understand the Senator from Pennsylvania to say, that that was the view he took in committee in response to what was said by the Senator from Vermont, and it was to that I alluded when I said I was astonished at the ground he took, that the committee could not amend these propositions, or that any other person could not move to amend them.

Mr. BIGLER:—The Senator from Vermont made a distinct point of order; but I did not sustain the Senator's views on the point of order. On the other hand, so far from that, I stated distinctly, that there could be no ordinary question of order under the rule; but a question of propriety, a question as to the consideration that was to be attached to this proposition of the Peace Convention; that the select committee, or a majority, at least, were under the impression that it was expected we would treat it as a whole, and accept it or reject it. That is what I said. I have no doubt whatever of the right of a Senator on this floor to move to amend this resolution. But, sir, I cannot agree with the Senator from Illinois by any means, that this proposition should be treated as the mere report of a committee or the proposition of an individual Senator. Who supposes that twenty States would have sent commissioners here to consider this great question and suggest to Congress—

Mr. TRUMBULL:—The Senator from Pennsylvania, I see, is misunderstanding me. I said, as a question of order, it was to be treated the same as if offered by an individual Senator; that however much respect we might have for it, as coming from the source it did, yet, as a question of order, there was no difference in the rules.

Mr. BIGLER:—I did not understand the Senator as placing entire stress on the question of order. I have been endeavoring to take this question away from the rules, to set it above the rules, and I say that we ought to consider it without reference to the rules. If it be that this programme is not acceptable to the Senate, let it be rejected. What I supposed was intended from the beginning was, that whatever they sent here was to be considered as an entirety—accepted or rejected. I was about to remark, who supposes that twenty States would have sent commissioners to prepare a programme of peace for the consideration of Congress, if they had supposed that immediately the peculiar views of each member of Congress would be set up in opposition to them?

Mr. President, a single remark in relation to what fell from the Senator from New York, and I shall have done. The Senator from New York alludes to the terms of the preamble, that, for the reason that these commissioners agreed, therefore these propositions are submitted as amendments to the Constitution. I do not wish to be understood as regarding it in that light. I do not think it is the right of Congress to submit propositions of amendment of the Constitution because they come from any source. The spirit of the Constitution is, that Congress will submit amendments to the Constitution; because Congress approves those amendments, and it would be a reason why I should vote for or against them, whether I approved them or not. If, as a whole, I could vote for them, I would vote for them; if, as a whole, I could not, I would vote against them. That does not affect the question whether, under all the circumstances, and solemn surroundings, the labor which has been bestowed, and the character of the men that have presented this paper, we should consider it as an entirety, or attempt to cut it up by piecemeal, by which neither they, nor the public, will ever ascertain what the judgment of Congress was on the results of their labor. That is what I say.

Mr. SEWARD:—The honorable Senator may very naturally and very properly take the ground that he would not vote, and that Congress ought not to vote, for submitting this proposition to the people, for the reason assigned in the paper before us. I have not any disposition to quarrel with him about it. I might take the same view, and say that I would not submit to the people a proposition which was futile, which was frivolous. That is not what I was speaking to. What I was speaking to was, the character of this proposition; and this is a proposition just to this effect, logically and technically expressed: that whereas these commissioners appointed by the States have met, consulted, considered, and adopted that resolution, therefore, for that reason, independent of every thing else, Congress submits it to the States.

Mr. PUGH:—I want to make an appeal to the friends of some proposition of peace. This is the last day of the session but one, and we have not made the progress of one line. We have gone into an eternal discussion about questions of order, and that, too, in defiance of the rule of the Senate. I insist that the question shall be decided without further debate.

The PRESIDING OFFICER (Mr. Fitch):—It is not for the Chair to decide any question of propriety, except as an individual Senator. As Presiding Officer, he does not deem the question of order, made by the Senator from Vermont, to be well taken. The joint resolution differs in no respect from other resolutions, and is open to amendment, and is before the Senate, as in Committee of the Whole, for that purpose. The question is on agreeing to the amendment which has been offered by the Senator from Virginia.

Mr. HUNTER:—Mr. President, I have offered this amendment, as the first of a series which I shall offer, for the purpose of carrying out the will of my State, as it has been expressed through its Legislature; and I might say there are other Senators similarly situated, for there are other States which have declared a disposition to settle upon the basis of what are called the Crittenden resolutions. That is the first reason which prompts me; and to me it is imperative, because the Legislature of the State which I have the honor in part to represent, has declared that this is the basis upon which it would settle, and intimated that it would not take less than they propose by way of security for the South. I have also another reason. I have examined this proposition of the Peace Conference—

Mr. WADE:—Will the Senator let us hear it read? We do not understand what his proposition is.

Mr. HUNTER:—My proposition is the first article from the Crittenden amendments, in regard to the territorial adjustment.

Mr. WADE:—We understand that.

Mr. HUNTER:—After as careful an examination as I have been able to give this proposition from the Peace Conference since it was printed, that is to say, within the last day or two, I have come to the conclusion that it would not only make a great many more difficulties than it would remove, if it should be adopted as an amendment to the Constitution, but that it would place the South—the slaveholding States—in a far worse position than they now occupy under the present Constitution, with the Dred Scott decision as its exposition.

Mr. CLARK:—Will the Senator from Virginia allow me to make a suggestion?

Mr. HUNTER:—Certainly.

Mr. CLARK:—I understand him to say he proposes to offer the several propositions of the Crittenden amendment one after the other.

Mr. HUNTER:—Yes, sir.

Mr. CLARK:—Then I suggest, as that is the intention of the Senator, that unanimous consent be given to move them as one amendment, so that we may have them all up for discussion, if any one chooses to discuss them, at the same time.

Mr. HUNTER:—I have no objection to that, if it is the general wish. I was saying, Mr. President, when I was interrupted, that after as careful an examination as I was able to give this peace proposition, since it was printed, I came to the conclusion that it would put the southern States in a far worse position than they now occupy under the present Constitution, and with the Dred Scott decision. Under that Constitution, and with the Dred Scott decision, they had a right, as the court has decided, to carry their slaves into any Territory of the United States. That is a right which has been adjudicated to them by a solemn decision of the Supreme Court; and it is to be remembered that this right has not only been accorded to them by the decision of the court, but by the action of the several branches of the Federal Government. That is their present state of things under the present Constitution of the United States with regard to the territorial question. In what position, then, does this proposed territorial adjustment place them? Why, sir, it excludes them; it puts the Wilmot proviso on all territory north of 36° 30´; and south of 36° 30´ it gives them the privilege of another lawsuit, in order to try their right and title to enter the territory with their slaves. What are the words of this proposed amendment of the Constitution?

"In all the present territory south of that line, the status of persons hold to involuntary service or labor, as it now exists, shall not be changed; nor shall any law be passed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of the States of this Union to said territory, nor to impair the rights arising from said relation; but the same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law."