Chapter XXXII: Section 7: Congress shall provide by law that the United
States shall pay to the owner the full value of his fugitive
from labor, in all cases where the marshal, or other
officer, whose duty it was to arrest such fugitive, was
prevented from so doing by violence or intimidation from
mobs or riotous 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.
The vote on the adoption of this section was as follows:
AYES.--Delaware, Illinois, Indiana, Kentucky, Maryland, New
Jersey, New Hampshire, Ohio, Pennsylvania, Rhode Island,
Tennessee, and Kansas--12.
NOES.--Connecticut, Iowa, Maine, Missouri, North Carolina,
Vermont, and Virginia--7.
The vote of New York was divided.
So this last section was also adopted.
The following gentlemen dissented from the vote of their respective States:--Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr. TOTTEN of Tennessee; Mr. HACKLEMAN and Mr. ORTH, of Indiana; and Mr. CHASE and Mr. WOLCOTT, of Ohio.
Mr. CHASE:--The sections which have been adopted severally, as a whole may not be acceptable to a majority of the Conference. They have been adopted by different votes and different majorities. I think a vote should be taken upon them collectively, in order that we may know whether, as a single proposition, they meet the approbation of the Conference. I move that a vote be taken upon the several sections as a whole.
The PRESIDENT:--It is the opinion of the Chair that this motion is not in order. Each section, when once approved by a majority of votes, stands as the order of the Conference. These sections have been severally taken up, amended, and adopted, and no further vote is necessary or proper, except by way of reconsideration.
Mr. CHASE:--I think the motion an important one, and with all deference, appeal from the decision of the Chair to the Conference.
The PRESIDENT:--The question is, Shall the decision of the Chair stand as the order of the Conference?
Mr. CHASE:--As I have no wish except to secure a fair vote, and the opinion of the Chair may be technically correct, I will withdraw my appeal.
Mr. FRANKLIN:--Having adopted the report of the committee, I think now there should be an expression of the Conference upon the question of secession. I therefore move the adoption of the following resolution:
_Resolved_, As the sense of this Convention, that the
highest political duty of every citizen of the United States
is his allegiance to the Federal Government created by the
Constitution of the United States, and that no State of this
Union has any constitutional right to secede therefrom, or
to absolve the citizens of such State from their allegiance
to the Government of the United States.
Mr. BARRINGER:--I move to lay that resolution on the table. This is a Convention to propose amendments to the Constitution, not to make commentaries upon that instrument.
Mr. CLEVELAND:--I ask a vote by States.
The question was taken by States, and resulted as follows:
AYES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Tennessee, and Virginia--9.
NOES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, New York, New Hampshire, Pennsylvania, Rhode
Island, Vermont, and Kansas--12.
And the Convention refused to lay the resolution upon the table.
Mr. COALTER:--I offer the following amendment: strike out all after the word resolve, and insert as follows:
"The term of office of all Presidents and Vice-Presidents of
the United States, hereafter elected, shall be six years;
and any person once elected to either of said offices shall
ever after be ineligible to the same office."
The amendment of Mr. COALTER was rejected by a _viva voce_ vote.
Mr. SEDDON:--I now move to amend by striking out all after the word "resolved" in Mr. FRANKLIN'S resolution, and insert a series of amendments hitherto proposed by myself, as follows:
To secure concert and promote harmony between the
slaveholding and non-slaveholding sections of the Union, the
assent of the majority of the Senators from the slaveholding
States, and of the majority of the Senators from the
non-slaveholding States, shall be requisite to the validity
of all action of the Senate, on which the ayes and noes may
be called by five Senators.
And on a written declaration, signed and presented for
record on the Journal of the Senate by a majority of the
Senators from either the non-slaveholding or slaveholding
States, of their want of confidence in any officer or
appointee of the Executive, exercising functions exclusively
or continuously within the class of States, or any of them,
which the signers represent, then such officer shall be
removed by the Executive; and if not removed at the
expiration of ten days from the presentation of such
declaration, the office shall be deemed vacant, and open to
new appointment.
The connection of every State with the Union is recognized
as depending on the continuing assent of its people, and
compulsion shall in no case, nor under any form, be
attempted by the Government of the Union against a State
acting in its collective or organic capacity. Any State, by
the action of a convention of its people, assembled pursuant
to a law of its legislature, is held entitled to dissolve
its relation to the Federal Government, and withdraw from
the Union; and, on due notice given of such withdrawal to
the Executive of the Union, he shall appoint two
commissioners, to meet two commissioners to be appointed by
the Governor of the State, who, with the aid, if needed from
the disagreement of the commissioners, of an umpire, to be
selected by a majority of them, shall equitably adjudicate
and determine finally a partition of the rights and
obligations of the withdrawing State; and such adjudication
and partition being accomplished, the withdrawal of such
State shall be recognized by the Executive, and announced by
public proclamation to the world.
But such withdrawing State shall not afterwards be
readmitted into the Union without the assent of two-thirds
of the States constituting the Union at the time of the
proposed readmission.
I desire to get these amendments on the Journal. It is my duty to offer them, and I wish the Journal to show that I have performed that duty.
Mr. FRANKLIN:--I then move to lay the amendment on the table, and to give the gentleman leave to have it inserted in the Journal. That will accomplish his purpose.
The question was taken on the motion to lay the amendment on the table, and resulted in an affirmative vote.
Mr. RUFFIN:--I regard the mission of this Convention as now performed, and I hope we shall take up no new questions, which can only distract and divide us. I therefore move to postpone the consideration of this resolution indefinitely.
The question was taken on Mr. RUFFIN'S motion, with the following result:--
AYES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Rhode Island, Tennessee, and
Virginia--10.
NOES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, and Pennsylvania--7.
The vote of New York was divided.
Messrs. DUNCAN and AMES dissented from the vote of Rhode Island.
Mr. GUTHRIE:--It will be necessary that this proposition be presented to Congress in an authentic form, and I suppose it will not be necessary for the Convention to continue its sessions until this presentation is made. I therefore offer the following preamble:
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 4th instant, and
continued in session until the 27th.
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, 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 an article of amendment to
the Constitution of the United States.
Mr. RANDOLPH:--I move the adoption of the preamble, and that the same, with the propositions already adopted, be authenticated by the present Secretary, and that all be presented by the President of this Convention to the Senate and House of Representatives, with a respectful request for their passage.
This motion was agreed to.
Mr. BARRINGER:--As the labors of the Convention are now closed, I presume there is no occasion for continuing the injunction of secrecy. As notes of the proceedings have been taken with a view, I presume, to publication, I now move that the injunction of secrecy against speaking of the action of the Convention, or the publication of its proceedings, be removed.
The motion of Mr. BARRINGER was agreed to by a _viva voce_ vote.
Mr. JOHNSON:--I desire here to have printed in the Journal the following resolution.
Leave was granted to Mr. JOHNSON as requested, and his resolution was as follows:
_Resolved_, That while the adoption, by the States of South
Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,
and Texas, of ordinances declaring the dissolution of their
relation with the Union, is an event deeply to be deplored;
and while abstaining from any judgment on their conduct, we
would express the earnest hope that they may soon see cause
to resume their honored places in this Confederacy of
States; yet to the end that such return may be facilitated,
and from the conviction that the Union being formed by the
assent of the people of the respective States, and being
compatible only with freedom, and the republican
institutions guaranteed to each, cannot and ought not to be
maintained by force, we deprecate any effort by the Federal
Government to coerce in any form the said States to reunion
or submission, as tending to irreparable breach, and leading
to incalculable ills; and we earnestly invoke the abstinence
from all counsels or measures of compulsion toward them.
Mr. POLLOCK:--The Committee on Finance have made an examination of the expenses which have been incurred for printing, stationery, &c., by the Conference. It has been, already stated that the expense of printing the Journal is met by the city of Washington. The additional expense incurred amounts to $735. If this is equally apportioned among the States represented it will amount to $35 each. It is for the Conference to decide in what manner the assessment shall be made.
Mr. BROWNE:--I offer the following resolution:
_Resolved_, That the report of the committee be received and
accepted; that the committee be continued, and requested to
make the necessary disbursements; and that the States now
pay over the sum assessed to the chairman.
And the resolution was unanimously adopted.
Mr. LOOMIS:--I take great pleasure in presenting to the Conference the following letter, which has been addressed by the proprietors of the hall to the Secretary. I ask that the letter may be read, and I also offer the following resolution.
The letter was read, as follows:
CRAFTS J. WRIGHT, ESQ.,
_Secretary Conference Convention_:
SIR:--Please inform the Convention that we have tendered,
free of charge, the use of our Hall and lights, which they
have occupied. We hope the use may be sanctified by
restoring peace to the Union.
We are, respectfully, &c.,
J.C. & H.A. WILLARD.
_February 23d, 1861._
And the resolution, which was unanimously adopted, was as follows:
_Resolved_, That the thanks of this Convention are justly
due, and are hereby given, to the Messrs. Willard, for the
liberal and generous tender, free of charge, of the use of
the Hall and the lights, for the purposes expressed in their
letter to the Secretary; and that the Secretary be requested
to communicate to them a copy of this resolution.
Mr. DODGE offered the following resolution, and that, too, was unanimously agreed to:
_Resolved_, That the thanks of this Convention are justly
due and hereby given to the Mayor and Council of the city of
Washington, for their kindness and liberality to the members
of this Convention, in defraying so large an amount of their
expenses for printing and stationery, and also for the
officers to protect this hall and the members from intrusion
whilst in session, and that the Secretary be requested to
communicate the same to said parties.
On motion of Mr. RANDOLPH, the thanks of the Conference were tendered to the clergymen of the city for their services during the Conference.
The thanks of the Conference were also presented to the Secretary and his assistants.
Mr. EWING:--I move the adoption of the following:
_Resolved_, That the thanks of this Convention be tendered
to the President, for the dignified and impartial manner in
which he has presided over the deliberations of this body.
The resolution being seconded by Mr. HACKLEMAN, it was unanimously adopted; whereupon President TYLER addressed the Conference as follows:
"GENTLEMEN OF THE CONFERENCE:
"The labors of this Convention are drawing to a close. Before we separate never in this world to meet again, I am much pleased that the resolution you have just adopted gives me an opportunity of uttering a few words of congratulation and farewell.
"We came together at a most important and critical time. One of the oldest members of the American Union, a commonwealth which had contributed its full share to the honor and glory of the nation--having as great interests at stake as any other member of the sisterhood of States--summoned you here to consider new additions to our Constitution, which the experience of near three-quarters of a century had taught us were required. I expected from the first that you would approach the consideration of the new and important questions which must arise here, with that patriotism and intelligence which belongs to the descendants of the patriots of the Revolution and the statesmen of the Convention of 1787. I have not been disappointed. In the whole course of a public life, much longer than usually falls to the lot of man, I have been associated with many bodies of my fellow-citizens, convened for legislative or other purposes, but I here declare that it has never been my good fortune to meet with an association of more intelligent, thoughtful, or patriotic men, than that over which I have been here called to preside. I cannot but hope and believe that the blessing of GOD will follow and rest upon the result of your labors, and that such result will bring to our country that quiet and peace which every patriotic heart so earnestly desires. I thank you most sincerely for that kindness and partiality on your part which induced you to call me to the honorable position of your presiding officer, and for the courtesy so uniformly extended in the discharge of the responsible duties of that position.
"Gentlemen, farewell! I go to finish the work you have assigned me, of presenting your recommendations to the two Houses of Congress, and to ask those bodies to lay your proposals of amendment before the people of the American Union. Although these proposals are not in all respects what I could have desired--although I should have preferred the adoption of those recommended by the Legislature of Virginia, because I know they would have been acceptable to my own constituents, still it is my duty to give them my official approval and support. It is not to be expected that entire unanimity of opinion should exist among the representatives of so large a population, and so many diversified interests, as now comprise the Republic of the United States. It is probable that the result to which you have arrived is the best that under all the circumstances could be expected. So far as in me lies, therefore, I shall recommend its adoption.
"May you have a happy and safe return to your constituents and your families! May you all inculcate among your people a spirit of mutual forbearance and concession; and may GOD protect our country and the Union of these States, which was committed to us as the blood-bought legacy of our heroic ancestors!"
Mr. WICKLIFFE:--I move that the Convention do now adjourn, its labors having come to an end; and I would suggest that the delegates meet informally and take leave of each other at three o'clock this afternoon.
Mr. BROWNE moved that the Conference adjourn without day, and his motion was adopted by the following vote:
AYES.--Delaware, Illinois, Kentucky, Maryland, New Jersey,
Ohio, Rhode Island, Tennessee, and Vermont--9.
NOES.--Connecticut, Indiana, Missouri, North Carolina, and
Pennsylvania--5.
And the Conference adjourned without day.
Comments
Log in to leave a comment.
A Report of the Debates and Proceedings in the Secret Sessions of the Conference ConventionChapter XXXII: Section 7: Congress shall provide by law that the United
0%11 min left in chapter