Section 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.
The vote upon said section resulted as follows:
Ayes.—Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee—9.
Noes.—Connecticut, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia—8.
So the section was adopted.
The vote of New York being called, Mr. King, temporary Chairman of the delegation, said:
The question arises concerning the vote of New York. Mr. Field, one of the delegates from this State, is necessarily absent from the Conference, having left to attend to the argument of a cause in the Supreme Court noted for argument this morning. It is his understanding, and with him that of a majority of the delegation, that the vote of New York is to be cast against this section, and the whole report. Under these circumstances I propose to give the vote of New York as it would be given if Mr. Field was present.
Mr. CORNING:—I object to this. The vote of that State should be given as the majority of the commissioners present decide. And I think this is a matter for the delegation, and that the Conference has nothing to do with it.
The PRESIDENT:—An absent member cannot participate in the control of a vote except by general leave of the Convention.
Mr. KING:—If Mr. Field is not to be taken into the account, the vote of New York upon this section is divided.[8]
Mr. EWING:—The vote of Kansas is also divided.
Mr. HACKLEMAN:—The vote of Indiana is divided. The commissioners of Indiana were appointed by virtue of resolutions passed by the Legislature of that State, which require them to report to the Legislature any proposition before voting for it finally, so as to commit the State either for or against it. It is impossible, under the circumstances, to submit this proposition of amendment to the Legislature of Indiana for approval or rejection. Indiana, therefore, declines to vote.
Mr. SLAUGHTER:—As the delegation from Indiana declines to cast its vote, I desire to have my individual vote entered in the affirmative upon this section.
Mr. ELLIS:—For the same reason I desire to have my vote entered in the negative.
The following gentlemen dissented from the vote of their respective States: Mr. Clay and Mr. Morehead, of Kentucky; Mr. Ruffin and Mr. Morehead, of North Carolina; Mr. Meredith and Mr. Wilmot, of Pennsylvania; Mr. Totten, of Tennessee; Mr. Cook, of Illinois; Mr. Rives and Mr. Summers, of Virginia; and Mr. Chase and Mr. Wolcott, of Ohio.
Mr. GUTHRIE:—I move the adoption of the second section of the report as amended, and ask that it may be read.
The Secretary read it as follows:
Section 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.
The vote on the adoption of section two was taken, and resulted as follows:
Ayes.—Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia—11.
Noes.—Connecticut, Illinois, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, and Vermont—8.
New York and Kansas were divided.
So the section was adopted.
The following gentlemen dissented from the vote of their States: Mr. Meredith and Mr. Wilmot, of Pennsylvania; Mr. Ruffin and Mr. Morehead, of North Carolina; Mr Tyler, of Virginia; Mr. Clay, of Kentucky; and Mr. Hackleman and Mr. Orth, of Indiana.
Mr. GUTHRIE:—I now move the adoption of the third section of the report as amended, and request that it may be read.
The Secretary proceeded to read as follows:
Section 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.
The question on the adoption of said section resulted in the following vote:
Ayes.—Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia—12.
Noes.—Connecticut, Indiana, Iowa, Maine, Massachusetts, New Hampshire, and Vermont—7.
New York and Kansas were divided.
So the section was adopted.
The following gentlemen dissented from the vote of their States: Mr. Clay, of Kentucky; Mr. Cook, of Illinois; Mr. Slaughter, of Indiana; and Mr. Chase, and Mr. Wolcott, of Ohio.
Mr. GUTHRIE:—I move the adoption of the fourth section of the report as amended.
And the Secretary read it as follows:
Section 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.
The question on the adoption of said section resulted in the following vote:
Ayes.—Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Virginia—15.
Noes.—Iowa, Maine, Massachusetts, and New Hampshire—4.
New York and Kansas were divided.
And the section was adopted.
The following gentlemen dissented from the vote of their respective States: Mr. Baldwin, of Connecticut; Mr. Hackleman and Mr. Orth, of Indiana; and Mr. Chase and Mr. Wolcott, of Ohio.
Mr. GUTHRIE:—I now move the adoption of the fifth section of the report as amended.
It was read by the Secretary as follows:
Section 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.
The vote on the adoption of this section resulted as follows:
Ayes.—Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Kansas—16.
Noes.—Iowa, Maine, Massachusetts, North Carolina, and Virginia—5.
So this section was adopted.
The following gentlemen dissented from the vote of their respective States: Mr. Baldwin, of Connecticut; Mr. Clay, of Kentucky; Mr. Ruffin and Mr. Morehead, of North Carolina; Mr. Wolcott and Mr. Chase, of Ohio; and Mr. Hackleman and Mr. Orth, of Indiana.
Mr. GUTHRIE:—I move the adoption of the sixth section of the report as amended, and desire that the Secretary may read that also.
The Secretary read as follows:
Section 6. The first, third, and fifth sections, together with this section of these amendments, and the third paragraph of the second section of the first article of the 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.
The vote on the adoption of this section stood as follows:
Ayes.—Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Kansas—11.
Noes.—Connecticut, Indiana, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia—9.
The State of New York was divided.
And this section was adopted.
The following gentlemen dissented from the vote of their States:—Mr. Ruffin and Mr. Morehead, of North Carolina; Mr. Chase and Mr. Wolcott, of Ohio; Mr. Cook, of Illinois; and Mr. Summers and Mr. Rives, of Virginia.
Mr. GUTHRIE:—I move the adoption of the seventh section of the report, as amended.
The Secretary read as follows:
Section 7. Congress shall provide by law that the United States shall pay to the owner the full value of his fugitive from labor, in all cases where the marshal, or other officer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation from mobs or riotous 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.
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.