Chapter XXXIII: Appendix: No. I (1)

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]

[Footnote 9: See page 64, Proceedings of the Conference.]

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.