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A REPORT OF THE DEBATES AND PROCEEDINGS IN THE SECRET SESSIONS OF THE CONFERENCE CONVENTION, FOR PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, HELD AT WASHINGTON, D.C., IN FEBRUARY, A.D. 1861.
A REPORT OF THE DEBATES AND PROCEEDINGS IN THE SECRET SESSIONS OF THE CONFERENCE CONVENTION, FOR PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, HELD AT WASHINGTON, D.C., IN FEBRUARY, A.D. 1861.
NEW YORK: D. APPLETON & COMPANY, 443 & 445 BROADWAY. 1864. Entered , according to Act of Congress, in the year 1864, by D. APPLETON & CO., In the Clerk's Office of the District Court for the Southern District of New York. NEW YORK: D. APPLETON & COMPANY, 443 & 445 BROADWAY. 1864. Entered , according to Act of Congress, in the year 1864, by D. APPLETON & CO., In the Clerk's Office of the District Court for the Southern District of New York....
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INTRODUCTION.
INTRODUCTION.
If I had been guided by my judgment alone it is not probable that these notes of the debates in the Conference, held upon the invitation of Virginia, at Washington, in the month of February, 1861, would have been made public. From the commencement of its sessions, a portion of the members were in favor of the daily publication of the proceedings. I was disposed to go farther and have the sessions open to the public; but this proposition was opposed by a large majority. Strong reasons were urged
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Washington, D.C.
Washington, D.C.
Monday , February 4th, 1861. Commissioners representing a number of the States, assembled at Willard's Hall, in the City of Washington, D.C., on the fourth day of February, a.d. 1861, at 12 o'clock m. , in pursuance of the following preamble and resolutions, adopted by the General Assembly of the State of Virginia, on the nineteenth day of January, a.d. 1861: Whereas , It is the deliberate opinion of the General Assembly of Virginia, that unless the unhappy controversy which now divides the Stat
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SECOND DAY.
SECOND DAY.
Washington, Tuesday , February 5th, 1861. The Conference was called to order by the Chairman pro tem. , pursuant to adjournment, and the journal of the proceedings of the first day was read and approved. Mr. FRANKLIN, of Pennsylvania:—It is usual in bodies of this description to take measures to ascertain who are and who are not duly accredited members. We should have the names of all the Commissioners present brought on to our records. I therefore move that a Committee of five be appointed by t
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RULES.
RULES.
I. A Convention to do business, shall consist of the Commissioners of not less than seven States; and all questions shall be decided by the greater number of those which be fully represented. But a less number than seven may adjourn from day to day. II. Immediately after the President shall have taken the chair, and the members their seats, the minutes of the preceding day shall be read by the Secretary. III. Every member, rising to speak, shall address the President; and while he shall be speak
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FOURTH DAY.
FOURTH DAY.
Washington, Thursday , February 7th, 1861. The Conference convened, pursuant to the adjournment yesterday, at 10 o'clock a.m. It was called to order by President Tyler , and prayer was offered by Rev. Dr. Pyne , of Washington. The Journal of yesterday was read, and after sundry amendments, was approved. Messrs. J.H. Puleston , John Stryker , W.W. Hoppin , Jr., and —— Olcott, took their places as Assistant Secretaries. President TYLER:—Gentlemen of the Conference, as directed by the resolution wh
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FIFTH DAY.
FIFTH DAY.
Washington, Friday , February 8th, 1861. The Convention was called to order at 12 o'clock by President Tyler . Prayer was offered by Rev. Dr. Butler . After sundry amendments, the Journal was approved. Mr. SUMMERS:—I am directed by the Committee on Credentials to report that they find the following gentlemen duly accredited as members of the Convention: New York. —David Dudley Field, William Curtis Noyes, James S. Wadsworth, Erastus Corning, Amaziah B. James, James C. Smith, Addison Gardner, Gre
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SIXTH DAY.
SIXTH DAY.
Washington, Saturday , February 9th, 1861. The Convention was called to order by the President . Prayer was offered by Rev. Dr. Bullock . The Journal was read, corrected, and approved. Mr. SUMMERS:—I am directed by the Committee on Credentials to report as members of this Convention the names of the following gentlemen from the State of Maine:—William P. Fessenden, Lot M. Morrill, Daniel E. Somes, John J. Perry, Ezra B. French, Freeman H. Morse, Stephen Coburn, Stephen C. Foster. Mr. Morrill , o
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SEVENTH DAY.
SEVENTH DAY.
Washington, Monday , February 11th, 1861. The Convention was called to order by the President . Prayer was offered by Rev. Dr. Gurley . After the reading and amendment of the Journal, Mr. Guthrie , from the Committee on Resolutions, asked for further time to make a general report of the matters submitted to them, which was given; and thereupon Mr. Guthrie , from the same Committee, made the following report upon the resolutions of a meeting in the State of Connecticut, which were referred to tha
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EIGHTH DAY.
EIGHTH DAY.
Washington, Wednesday , February 13th, 1861. The Convention was called to order by the President , and prayer was offered by Rev. Dr. Edwards . The Journal, after sundry amendments, was approved. Mr. GUTHRIE:—The Committee on Resolutions, &c., have labored diligently, and held protracted sessions, in the hope of being able to make their report to-day. This they find themselves unable to do. They are fully impressed with the necessity of immediate action, in view of the short time that wi
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PROPOSALS OF AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
PROPOSALS OF AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
Article 1. In all the territory of the United States not embraced within the limits of the Cherokee treaty grant, north of a line from east to west on the parallel of 36 degrees 30 minutes north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst it shall be under a Territorial government; and in all the territory south of said line, the status of persons owing service or labor, as it now exists, shall not be changed by law while such territory shall be under a T
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MR. BALDWIN'S MINORITY REPORT.
MR. BALDWIN'S MINORITY REPORT.
The undersigned, one of the minority of the committee of one from each State, to whom was referred the consideration of the resolutions of the State of Virginia, and the other States represented, and all propositions for the adjustment of existing differences between the States, with authority to report what they deem right, necessary, and proper to restore harmony and preserve the Union, and report thereon, entered upon the duties of the committee with an anxious desire that they might be able
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REPORT OF MR. SEDDON.
REPORT OF MR. SEDDON.
The undersigned, acting on the recommendation of the Commissioners from the State of Virginia, as a member of the committee appointed by this Convention to consider and recommend propositions of adjustment, has not been so happy as to accord with the report submitted by the majority; and as he more widely dissents from the opinions entertained by the other dissenting members, he feels constrained, in vindication of his position and opinions, to present on his part this brief report, recommending
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No. 1. Joint Resolutions proposing certain amendments to the Constitution of the United States.
No. 1. Joint Resolutions proposing certain amendments to the Constitution of the United States.
Whereas , serious and alarming dissensions have arisen between the Northern and Southern States, concerning the rights and security of the rights of the slaveholding States, and especially their rights in the common territory of the United States; and whereas , it is eminently desirable and proper that those dissensions, which now threaten the very existence of this Union, should be permanently quieted and settled by constitutional provisions, which shall do equal justice to all sections, and th
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No. 2. Proposed Amendments by Mr. Seddon.
No. 2. Proposed Amendments by Mr. Seddon.
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 Senators from eithe
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MR. WICKLIFFE'S PREAMBLE AND RESOLUTION.
MR. WICKLIFFE'S PREAMBLE AND RESOLUTION.
Whereas , the second section of the fourth article of the Constitution of the United States declares, "that no person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." This clause is one of the compromises without which no Constitution would have been adopted. It was a guaran
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Resolutions recommending a call for a Convention of the United States.
Resolutions recommending a call for a Convention of the United States.
Whereas , The people of some of the States feel themselves deeply aggrieved by the policy and measures which have been adopted by some of the people of the other States; and whereas an amendment of the Constitution of the United States is deemed indispensably necessary to secure them against similar grievances in the future: Therefore, Resolved , by the General Assembly of the Commonwealth of Kentucky, that application to Congress to call a Convention for proposing amendments to the Constitution
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ELEVENTH DAY.
ELEVENTH DAY.
Washington, Monday , February 18th, 1861. The Convention was opened with prayer by Rev. P.D. Gurley . The Journal of yesterday was read and approved. Mr. Chittenden offered the following resolution: Resolved , That the rules of this Convention be so far modified as to require the Secretary to employ a competent stenographer, who shall write down and preserve accurate notes of the debates and other proceedings of this body, which notes shall not be communicated to any person, nor shall copies the
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TWELFTH DAY.
TWELFTH DAY.
Washington, Tuesday , February 19th, 1861. The Conference was called to order by the President at eleven o'clock. The proceedings were opened with prayer. The Journal was read by Assistant Secretary Puleston , and, after sundry amendments, was approved. Mr. SUMMERS:—The Committee on Credentials have received and considered the credentials of Mr. Francis Granger , of New York, appointed to fill a vacancy in the delegation from that State, occasioned by the resignation of Mr. Addison Gardiner . Th
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THIRTEENTH DAY.
THIRTEENTH DAY.
Washington, Wednesday , February 20th, 1861. The Conference was called to order by President Tyler at ten o'clock, and after prayer by the Rev. Dr. Sampson , the Journal of yesterday was read and approved. Mr. HARRIS:—I desire to call the attention of the Conference to the fact, that the time has not yet arrived when the Conference, by its rules, should commence business. The rule is, that the daily session shall commence at eleven o'clock. The PRESIDENT:—The Conference, previous to its adjournm
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EVENING SESSION—FOURTEENTH DAY.
EVENING SESSION—FOURTEENTH DAY.
Washington, Thursday , February 21st, 1861. The Conference was called to order at half-past seven o'clock, Mr. Alexander in the chair. Mr. CHITTENDEN: I feel gratified by the kindness which has given me an opportunity of making a few observations to the Conference, and I shall not abuse it. The delegates from Vermont have acted throughout the session under great embarrassment. We hold our appointments from the Executive of that State. Her Legislature was not in session when the Virginia Resoluti
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VOTE ON THE PROPOSITIONS AND AMENDMENTS.
VOTE ON THE PROPOSITIONS AND AMENDMENTS.
The PRESIDENT:—The Conference will now proceed to the consideration of the report of the General Committee, and the amendments thereto. The question will be taken on the adoption of the first section reported by the Committee of One from each State, which the Secretary will now read. The Secretary read the report as follows: Section 1. In all the present territory of the United States, not embraced within the limits of the Cherokee treaty grant, north of a line from east to west on the parallel
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EVENING SESSION—SIXTEENTH DAY.
EVENING SESSION—SIXTEENTH DAY.
Washington, Saturday , February 23d, 1861. The Conference was called to order by the President, at half-past seven o'clock. The PRESIDENT:—I have addressed a note to the President-elect, announcing the desire of the Conference to offer their respects to him in a body, at seven and one-half o'clock this evening, or at such other time as would be agreeable to him. I have received his reply, stating that he will be pleased to receive the members of this body at nine o'clock this evening, or at any
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EVENING SESSION—SEVENTEENTH DAY.
EVENING SESSION—SEVENTEENTH DAY.
Washington, Monday , February 25th, 1861. The Conference was called to order at half-past seven o'clock, Mr. Alexander in the chair. Mr. SMITH, of New York:—I move that a committee of two be appointed by the President to arrange for the printing of the Journal. The motion of Mr. Smith was adopted, and the President appointed as such committee, Mr. Smith , of New York, and Mr. Howard , of Maryland. The Conference then proceeded to the consideration of the order of the day, being the third section
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JOINT RESOLUTIONS
JOINT RESOLUTIONS
Whereas , serious and alarming dissensions have arisen between the Northern and Southern States, concerning the rights and security of the rights of the slaveholding States, and especially their rights in the common territory of the United States; and whereas, it is eminently desirable and proper that those dissensions, which now threaten the very existence of this Union, should be permanently quieted and settled by constitutional provisions, which shall do equal justice to all sections, and the
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EVENING SESSION—EIGHTEENTH DAY.
EVENING SESSION—EIGHTEENTH DAY.
Washington, Tuesday , February 26th, 1861. The Conference was called to order pursuant to adjournment by the President. Mr. WICKLIFFE:—I hope after some of the informal consultations which have been held since the adjournment of the Conference this afternoon, that we may yet be able to bring our minds together, and to adopt the propositions recommended by the committee. It is, however, certain that the vote had better not be taken this evening. I therefore move an adjournment until ten o'clock t
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NINETEENTH DAY.
NINETEENTH DAY.
Washington, Wednesday , February 27th, 1861. The Conference assembled pursuant to adjournment, and was called to order by President Tyler . Prayer was offered by Rev. Dr. Gurley . The PRESIDENT:—The Conference will now proceed to the consideration of the order of the day, the proposals of amendment to the Constitution reported by the majority of the committee. Mr. GUTHRIE:—I suppose, under the rules which the Conference has adopted, discussion of these proposals is no longer in order. I hope now
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No. I.
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 Is
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No. II.
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 ;
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No. III.
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
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No. IV.
No. IV.
[The action of both houses of Congress in relation to the Peace Conference, and the propositions of amendments therein adopted, would seem to form a portion of its history. I shall endeavor to furnish their action so far as it can be separated from other matters connected with the propositions presented. Immediately after the adoption of the resolutions of Virginia, under which the Conference was called, and on the 28th of January, 1861, the following proceedings took place in the House of Repre
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No. V.
No. V.
Report of the Peace Commissioners to the Legislature of Virginia. To His Excellency John Letcher , Governor of Virginia: The undersigned Commissioners, in pursuance of the wishes of the General Assembly, expressed in the resolutions of the 19th day of January last, repaired in due season to the City of Washington. They there found, on the 4th day of February, the day suggested in the overture of Virginia for a Conference with the other States, Commissioners to meet them from the following States
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