Page images
PDF
EPUB

Fenton, Florence, Frank, French, Garnett, Gooch, Graham,

jurisdiction of such State at the time such | ton, Edmundson, Edwards, Eliot, Ely, English, Farnsworth, crime was committed, of which such charge shall be prima facie evidence, shall deliver bim up to be removed to the State having jurisdiction of the crime; and if any question of law shall arise during such examination, it may be taken on exceptions by writ of error to the Circuit Court.

Which was rejected, yeas 48, nays 125, as follows:

YEAS-Messrs. Green Adams, Adrain, William C. AnderBon, Barr, Barrett, Bouligny, Brabson, Briggs, Bristow, Burch, John B. Clark, Clemens, John Cochrane, Corwin, Cox, H. Winter Davis, John G. Davis, Etheridge, Fouke, Gilmer, Hamilton, J. Morrison Harris, John T. Harris, Hatton, Holman, William Howard, Hughes, Larrabee, James M. Leach, Logan, Mallory, Charles D. Martin, Maynard, McClernand, Mc Kenty, Millson, Laban T. Moore, Moorhead, Nelson, Nixon, Phelps, Riggs, James C. Robinson, Scranton, Sickles, Stokes, Webster, Wood-48.

Haskin, Hickman, Hindman, W. A. Howard, Hutchins,
Irvine, Jenkins, F. W. Kellogg, Kilgore, Kunkel, D. C.
Leach, Leake, Lee, Longnecker, Lovejoy, Marston, Elbert S.
Nelson, Niblack, Olin, Perry, Pettit, Peyton, Phelps, Potter,
Martin, McKean, McKnight, Moorhead, Morrill, Morse,
Pottle, Pyor, E. R. Reynolds, Rice, C. Robinson, Ruffin,
Stevens, Stevenson, Tappan, Thomas, Tompkins, Train,
Sickles, Simms, W. H. N. Smith, Somes, Spaulding, Spinner,
Trimble, Vallandigham, Vance, Wade, Walton, C. C. Wash-
low, Woodson, Wright-109.

burn, F. B. Washburne, Whiteley, Wilson, Windom, Wens

Same day. Mr. KILGORE moved to lay the whole subject on the table; which was rejected-yeas 14, nays 179. The yeas were: worth, Grow, Kilgore, Potter, Sedgwick, Somes, Waldro Messrs. Alley, Beale, Buffinton, Carey, Eliot, FarnCadwalader C. Washburn, Windom-14.

Same day. The House came to a vote on the following substitute for it, offered by Mr.WM. KELLOGG, of Illinois :

Strike out all after the word "that," and insert:

The following articles be, and are hereby, proposed and submitted as amendments to the Constitution of the United States, which shall be valid, to all intents and purposes, as part of said Constitution, when ratified by conventions of three-fourths of the several States.

NAYS-Messrs. Charles F. Adams, Alley, Ashley, Avery, Babbitt, Beale, Bingham, Blair, Blake, Bocock, Boteler, Branch, Brayton, Brown, Buffinton, Burlingame, Burnett, Burnham, Butterfield, Campbell, Carey, Carter, Case, Horace P. Clark, Coburn, Colfax, Conkling, Conway, Covode, Burton Craige, Dawes, De Jarnette, Delano, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Farnsworth, Fenton, Ferry, Florence, Foster, Frank, French, Garnett, Gooch, Graham, Grow, Hale, Hall, Helmick, Hickman, Hindman, Hoard, William A. Howard, Humphrey, Hutchins, Irvine, Jenkins, F. W. Kellogg, Kenyon, Kilgore, Kunkel, Leuke, Longnecker, Loomis, Lovejoy, Marston, Elbert S. Martin, McKean, McKnight, McPherson, Morrill, Edward Joy Morris, Isaac N. Morris, Morse, Palmer, Pendleton, Peyton, Porter, Potter, Pottle, Pryor, Quarles, Edwin R. Reynolds, John H. Reynolds, Christopher Robinson, Royce, Ruffin, Sedgwick, Sherman, Simms, William H. N. Smith, Sumes, Spin-held by the United States situate north of ART. 13. That in all the territory now Stewart, Stratton, Tappan, Theaker, Thomas, Tompkins, Train, Trimble, Vallandigham, Vance, Vandever, Van Wyck, Wade, Waldron, Walton, Cadwalader C. Washburn, Ellihu B. Washburne, Wells, Whiteley, Wilson, Windom, Winslow, Woodruff, Woodson-125.

ner, Stanton, Stevens, Stevenson, James A. Stewart, William

Neither of these propositions was considered in the Senate, except the proposed Constitutional amendment, which was passed. For vote, see page 60.

latitude 36° 30', involuntary servitude, except in the punishment for crime, is prohibited while such territory shall remain under a territorial government; that in all the territory now held south of said line, neither Congress nor any Territorial Legislature shall hinder or prevent the emigration to said territory of persons held to service from any

Pending this report in the House of Rep-State of this Union, when that relation resentatives,

A CONVENTION.

exists by virtue of any law or usage of such State, while it shall remain in a territorial February 27th. Mr. BURCH moved to add south of said line, within such boundaries as condition; and when any territory north or to the declaratory resolutions, one recom- Congress may prescribe, shall contain the mending to the several States that they, population requisite for a member of Conthrough their legislatures, request Congress gress, according to the then Federal ratio to call a Convention of all the States, to of representation of the people of the United amend it "in such manner with regard to States, it may, if its form of government be such subjects as will more adequately republican, be admitted into the Union on respond to the wants, and afford. more suffi- an equal footing with the original States, cient guarantees to the diversified and grow-with or without the relation of persons held ing interests of the Government and of the to service or labor, as the constitution of people composing the same; which was rejected, yeas 74, nays 109, as follows:

such new State may provide.

YEAS-Messrs. Green Adams, Garnett B. Adrain, W. C. tion of the United States, or any amendment ART. 14. That nothing in the ConstituAnderson, Babbitt, Barr, Boteler, Brabson, Briggs, Bristow, Burch, Burnham, Campbell, Coburn, Clark B. Coch- thereto, shall be so construed as to authorize rane, John Cochrane, Colfax, Cor, Curtis, Duell, Etheridge, any department of the Government to, in Ferry, Fouke, Gilmer, Hall, J. Morrison Harris, John T. Harris, Hatton, Helmick, Hoard, Holman, Wm. Howard, any manner, interfere with the relation of Hughes, Humphrey, Junkin, Wm. Kellogg, Kenyon, Kil- persons held to service in any State where linger, Larrabre, J. M. Leach, Logan, Loomis, Mallory, that relation exists, nor in any manner to Chas. D. Martin, Maynard, McClernand, Mc Kenty, McPherson, Millson, Montgomery, Moore, Edward Joy Morris, Isaac establish or sustain that relation in any N. Morris, Nixon, Noell, Palmer, Porter, Quarles, John H. State where it is prohibited by the laws or Reynolds, Riggs, J. C. Robinson, Scranton, Sedgwick, Stanton, James A. Stewart, Wm. Stewart, Stokes, Stout, Strat-constitution of such State. And that this ton, Thayer, Waldron, Webster, Wells, Wood, Woodruff-74. article shall not be altered or amended withNAYS-Messrs. Chas. F. Adams, Aldrich, Alley, T. L. Anderout the consent of every State in the Union.

son, Ashley, Avery, Barrett, Beale, Bingham, Blair, Blake, Bocock, Branch, Brayton, Brown, Buffinton, Burlingame, Burnett, Butterfield, Carey, Carter, Case, John B. Clark, Corwin, Covode, Jus. Craig, Burton Craige, H. Winter Davis, J. G. Davis, Dawes, De Jurnette, Delano, Dimmick, Dunn, Edger

ART. 15. The third paragraph of the second section of the fourth article of the Constitution shall be taken and construed

to authorize and empower Congress to pass laws necessary to secure the return of persons held to service or labor under the laws of any State, who may have escaped therefrom, to the party to whom such service or labor may be due.

ART. 16. The migration or importation of persons held to service or involuntary servitude, into any State, Territory, or place within the United States, from any place or country beyond the limits of the United States or Territories thereof, is forever prohibited.

ART. 17. No territory beyond the present limits of the United States and the Territories thereof shall be annexed to, or acquired by the United States, unless by treaty, which treaty shall be ratified by a vote of twothirds of the Senate.

This was disagreed to-yeas 33, nays 158. The YEAS were Messrs. Adrain, Barr, Briggs, Burch, Horace P. Clark, John Cochrane, Cor, John G. Davis, Eng hh, Etheridge, Fouke, Gilmer, J. Morrison Harris, Holman, William Howard, Junkin, William Kellogg, Larrabee, Logan, Charles D. Martin, McClernand, Me Kenty, Mont gomery, Isaac N. Morris, Nelson, Niblack, Riggs, James C. Robinson, Sickles, Stokes, Stout, Vallandigham, Webster -3.

MR. CLEMENS'S RESOLUTION.

Mr. SHERRARD CLEMENS of Virginia, then offered a substitute for it, being Mr. Crittenden's proposition as amended on motion of Mr. Powell, with these additions:

ART. 7. Section 1. The elective franchise and the right to hold office, whether Federal, State, Territorial, or Municipal, shall not be exercised by persons who are, in whole or in part, of the African race.

Section 2. The United States shall have power to acquire, from time to time, districts of country in Africa and South America, for the colonization, at the expense of the Federal Treasury, of such free negroes and mulattoes as the several States may wish to have removed from their limits, and from the District of Columbia, and such other places as may be under the jurisdiction of Congress. And the substitution of the words: "the Southern boundary of Kansas and the Northern boundary of New Mexico," for the words: "latitude 360 30'," in the first sen

tence of Article 1.

Which was negatived, yeas 80, nays 113, as follows:

TRAS-Messrs. Adrain, William C. Anderson, Avery, Barr, Barrett, Bocock, Boteler, Bouligny, Brabson, Branch, Briggs, Bristow, Brown, Burch, Burnett, Horace F. Clark, John B. Clark, John Cochrane, Cox, James Craig, Burton Crige, John G. Daris, De Jarnette, Dimmick, Edmundson, English, Florence, Pouke, Garnett, Gilmer, Hamilton, J. Morrison Harris, John T. Harris, Hatton, Holman, Wm. Howard, Hughes, Jenkins, Kunkel, Larrabee, James M. Leach, Leake, Logan, Maclay, Mallory, Charles D. Martin, Ebert & Martin, Maynard, McClernand, Mc Kenty, Millson, Montgomery, Laban T. Moore, Isaac N. Morris, Nelson, Niblack, Noell, Peyton, Phelps, Pryor, Quarles, Riggs, Jas. C Robinson, Rust, Sickles, Simms, William Smith, William N. H. Smith, Stevenson, James A. Stewart, Stokes, Stout,

Thomas, Vallandigham, Vance, Webster, Whiteley, Winslow, Woodson, and Wright-80.

NATS-Messrs. Charles F. Adams, Aldrich, Alley, Ashley, Babbitt, Beale, Bingham, Blair, Blake, Brayton, Buffinton, Burlingame, Burnham, Butterfield, Campbell, Carey, Carter, Case, Coburn, Clark B. Cochrane, Colfax, Conkling,

[ocr errors]

Conway, Corwin, Covode, H. Winter Davis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Etheridge. Farnsworth, Fenton, Ferry, Foster, Frank, French, Gooch, Graham, Grow, Hale, Hall, Helmick, Hickman, Hindman, Hard, William A. Howard, Humphrey, Hutchins, Irvine, Junkin, Francis W. Kellogg, William Kellogg, Kenyon, Kilgore, Killinger, De Witt C. Leach, Lee, Longnecker, Loomis, Lovejoy, Marston, McKean, McKnight, McPherson, Moorhead, Morrill, Morse, Nixon, Olin, Palmer, Perry, Pettit, Porter, Potter, Pottle, Edwin R. Reynolds, Rice, Christopher Robinson, Royce, Scranton, Sedgwick, SherStewart, Stratton, Tappan, Thayer, Theaker, Tompkins, man, Somes, Spaulding, Spinner, Stanton, Stevens, William Train, Trimble, Vandever, Van Wyck, Verree, Wade, Waldron, Walton, Cadwalader C. Washburn, Ellihu B. Wash burne, Wells, Wilson, Windom, Wood, and Woodruff-113. Votes in the Senate.

During the pendency, in the Senate, of the Constitutional amendment reported from the House Committee of Thirty-three, and adopted by the House, Mr. PUGH, of Ohio, offered a substitute, which was the same as Mr. Crittenden's* (as amended by Mr. Powell) with the omission of the preamble and four resolutions, and the addition of the following at the close of Article 4:

But the African slave trade shall be forever suppressed, and it shall be the duty of Congress to make such laws as shall be necessary and effectual, to prevent the migra tion and importation of slaves, or persons owing service or labor into the United States from any foreign country, place, or jurisdiction whatever.

Section 2. That persons committing crimes against the rights of those who hold persons to service or labor in one State, and fleeing to another, shall be delivered up in the same manner as persons committing other crimes; and that the laws of the States from which such persons flee shall be the test of criminality.

Section 3. Congress shall pass efficient laws for the punishment of all persons in any of the States, who shall in any manner aid and abet invasion or insurrection in any other State, or commit any other act tending to disturb the tranquillity of its people, or government of any other State.

And the insertion of a new article:

ART. 7. Section 1. The elective franchise and the right to hold office, whether Federal, State, Territorial, or Municipal, shall not be exercised by persons who are, in whole or in part, of the African race.

MR. DOOLITTLE'S ON THE RIGHT OF SECESSION. Mr. DOOLITTLE, of Wisconsin, offered as a substitute for the above the following:

"Under this Constitution, as originally adopted, and as it now exists, no State has power to withdraw from the jurisdiction of the United States; but this Constitution, and all laws passed in pursuance of its delegated powers, are the supreme law of the land, any thing contained in any constitu tion, ordinance, or act of any State, to the contrary notwithstanding."

March 2, 1861. This was rejected-yeas 18, nays 28, as follows:

* See page 64.

YEAS-Messrs. Bingham, Chandler, Clark, Collamer, Doolittle, Durkee, Fessenden, Foot, Grimes, Hale, Harlan, King, Morrill, Simmons, Trumbull, Wade, Wilkinson, and Wilson-18.

NAYS-Messrs. Anthony, Baker, Bayard, Bigler, Bragg, Bright, Cameron, Clingman, Crittenden, Dixon, Douglas, Foster, Gwin, Hemphill, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Powell, Pugh, Rice, Sebastian, Ten Eyck, and Wigfall-28.

VOTE ON MR. Pugh's.

The substitute of Mr. РUGH was then rejected-yeas 14, nays 25, as follows:

YEAS-Messrs. Bayard, Bright, Gwin, Hunter, Johnson of Arkansas, Kennedy, Lane, Mason, Nicholson, Polk, Powell, Pugh, Thomson, and Wigfall-14.

NAYS-Messrs. Anthony, Baker, Bigler, Bingham, Chandler, Clark, Crittenden, Dixon, Doolittle, Douglas, Fessenden, Foot, Foster, Grimes, Harlan, Johnson of Tennessee, King, Latham, Morrill, Rice, Sebastian, Sumner, Ten Eyck, Wilkinson, and Wilson-25.

MR. BINGHAM'S PROPOSITION.

Mr. BINGHAM, of Michigan, offered the following substitute, which was rejected-yeas 13, nays 24, as follows:

"That the provisions of the Constitution are ample for the preservation of the Union, and the protection of all the material interests of the country: that it needs to be obeyed rather than amended; and that an extrication from our present dangers is to be looked for in strenuous efforts to preserve the peace, protect the public property, and enforce the laws, rather than in new guarantees for particular interests, compromises for particular difficulties, or concessions to unreasonable demands.

66

Resolved, That all attempts to dissolve the present Union, or overthrow or abandon the present Constitution, with the hope or expectation of constructing a new one, are dangerous, illusory, and destructive; that in the opinion of the Senate of the United States no such reconstruction is practicable; and therefore, to the maintenance of the existing Union and Constitution should be directed all the energies of all the departments of the Government, and the efforts of all good citizens.

YEAS-Messrs. Bingham, Chandler, Clark, Doolittle, Durkee, Fessenden, Foot, King, Sumner, Trumbull, Wade, Wilkinson, and Wilson-13.

NAYS.-Messrs. Anthony, Baker, Bigler, Bright, Critenden, Dixon, Douglas, Foster, Guin, Harlan, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, Ten Eyck, and Thomson-24.

[blocks in formation]

Which was rejected-yeas 14, nays 25, as follows:

YEAS-Messrs. Bingham, Chandler, Clark, Doolittle, Fessenden, Foot, Grimes, King, Morrill, Pugh, Sumner, Trumbull, Wilkinson, and Wilson-14.

NAYS-Messrs. Anthony, Baker, Bigler, Bright, Crittenden, Dixon, Douglas, Durkee, Foster, Gwin. Harlan, Hunter, Johnson of Arkansas, Johnson of Tennessen, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Rice, Sebastian, Ten Eyck, Thomson, and Wade-25.

THE PEACE CONFERENCE.

The Peace Conference propositions offered by Mr. JOHNSON, of Arkansas, were then con sidered as a substitute, and rejected-yeas 3, nays 34.

The joint resolution of the House of Representatives was then passed.

NOTE.-During the above votes, several Senators said in explanation of their nega tive votes upon propositions, that they had determined to vote against all substitutes for the House proposition, and for it, believing it to be the only measure practicable at so late a period in the session. Mr. DOUGLAS, of Illinois, and Mr. TEN EYCK, and others, made this statement.

Vote on the Crittenden Resolutions, January 16, 1861.

A JOINT RESOLUTION (S. NO, 50) PROPOSING CERTAIN AMEND MENTS 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 these 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 thereby restore to the people that peace and good-will which ought to prevail between all the citizens of the United States: Therefore,

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two

thirds of both Houses concurring), That the following articles be, and are hereby, proposed and submitted as amend be valid to all intents and purposes, as part of said Conments to the Constitution of the United States, which shall stitution, when ratified by conventions of three-fourths of the several States:

ARTICLE 1. In all the territory of the United States now

held, or hereafter acquired, situate north of latitude 30 30,

slavery or involuntary servitude, except as a punishment for crime, is prohibited while such territory shall remain under territorial government. In all the territory south of said line of latitude, slavery of the African race is hereby recognized as existing, and shall not be interfered with by Congress, but shall be protected as property by its continuance. And when any Territory, north or south all the departments of the territorial government during of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress according to the then Federal ratio of representation of the people of the United States, it shall, if its form of government be republican, be admitted into the Union, on an equal footing with the original States, with or without slavery, as the constitution of such new State

may provide.

ART. 2. Congress shall have no power to abolish slavery

in places under its exclusive jurisdiction, and situste within the limits of States that permit the holding of slaves.

ART. 3. Congress shall have no power to abolish slavery within the District of Columbia, so 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 first made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit officers of the Federal Government, or memDistrict, from bringing with them their slaves, and holding bers of Congress, whose duties require them to be in said them as such during the time their duties may require them to remain there, and afterwards taking them from

the District.

ART. 4. Congress shall have no power to prohibit or

hinder the transportation of slaves from one State to anather, or to a Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by the sea.

paragraph of the second section of the fourth article of the

ART. 5. That in addition to the provisions of the third Constitution of the United States, Congress shall have power to provide by law, and it shall be its duty so to provide, that the United States shall pay to the owner who shall apply for it, the full value of his fugitive slave in all cases when the marshal or other officer whose duty it was to arrest said fugitive was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive was rescued by force, and the owner thereby prevented and abstructed in the pursuit of his remedy for the recovery of Lis fugitive slave under the said clause of the Constitution and the laws made in pursuance thereof. And in all such rases when the United States shall pay for such fugitive, they shall have the right, in their own name, to sue the enty in which said violence, intimidation, or rescue was committed, and to recover from it, with interest and damazes, the amount paid by them for said fugitive slave. And the said county, after it has paid said amount to the United States, may, for its indemnity, sue and recover from the wrong-doers or rescuers by whom the owner was prevented from the recovery of his fugitive slave, in like manner as the owner himself might have sued and recovered. ART. 6. No future amendment of the Constitution shall affect the five 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 said Constitution; and no amendment shall be made to the Constitution which shall authorize or give to Congress any pewer to abolish or interfere with slavery in any of the States by whose laws it is, or may be, allowed

or permitted.

And whereas, also, besides these causes of dissension embraced in the foregoing amendments proposed to the Constitution of the United States, there are others which come within the jurisdiction of Congress, and may be remedied by its legislative power; and whereas it is the desire of Congress, as far as its power will extend, to remove all just cause for the popular discontent and agitation which now disturb the peace of the country, and threaten the stability of its institutions: Therefore,

1. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws now in force for the recovery of fugitive saves are in strict pursuance of the plain and mandatory provisions of the Constitution, and have been sanctioned as valid and constitutional by the judgment of the Supreme Court of the Cuited States; that the slaveholding States are entitled to the faithful observance and execution of those laws, and that they ought not to be repealed, or so modifed or changed as to impair their efficiency; and that laws ought to be made for the punishment of those who attempt by rescue of the slave, or other illegal means, to

hiader or defeat the due execution of said laws.

2 That all State laws which conflict with the fugitive slave acts of Congress, or any other constitutional acts of Congress, or which, in their operation, impede, hinder, or delay the free course and due execution of any of said acts, are anil and void by the plain provisions of the Constitution of the United States; yet those State laws, void as they are, have given color to practices, and led to conse quences which have obstructed the due administration and execution of acts of Congress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed much to the discord and commotion now prevailing. Congress, therefore, in the present perilous juncture, does not deem it improper, respectfully and earnestly to recommend the repeal of those laws to the several States which have enacted them, or such legislative corrections or explanations of them as may prevent their being used of perverted to such mischievous purposes.

3 That the act of the 18th of September, 1850, commonly called the fugitive slave law, ought to be so amended as to take the fee of the commissioner, mentioned in the eighth

claimant.

of the fifth section of said act, which authorizes the person

ing in article 1, after the word "territory," in the second sentence, the words "now held or hereafter to be aequired," so that the clause will read: "In all the territory now held or hereafter to be acquired south of said line of latitude, slavery of the African race is hereby recognized, etc.," which was agreed to as follows:

YEAS-Messrs. Baker, Bayard, Benjamin, Bigler, Bragg, Bright, Clingman, Crittenden, Douglas, Fitch, Green, Gwin, Hemphill, Hunter, Iverson, Johnson of Tennessee, Kennedy, Lane, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saulsbury, Sebastian, Slidell, and Wigfall-29.

NAYS-Messrs. Anthony, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Latham, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, and Wilson-24.

Mr. CLARK of New Hampshire offered an amendment to strike out the preamble, and all the resolutions after the word "resolved," and insert: "That the provisions of the Constitution are ample for the preservation of the Union, and the protection of all the material interests of the country; that it needs to be obeyed rather than amended; and that an extrication from our present danger is to be looked for in strenuous efforts to preserve the peace, protect the public property and enforce the laws, rather than in new guarantees for particular interests, compromises for particular difficulties, or concessions to unreasonable demands.

"Resolved, That all attempts to dissolve the present Union, or overthrow or abandon the present Constitution with the hope or expectation of constructing a new one, are dangerous, illusory and destructive; that in the opinion of the Senate of the United States no such reconstruction is practicable; and therefore, to the maintenance of the existing Union and Constitution should be directed all the energies of all the departments of the Government, and the efforts of all good citizens."

Which was agreed to:

YEAS-Messrs. Anthony, Baker, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and Wilson-25.

NAYS-Messrs. Bayard, Bigler, Bragg, Bright, Clingman, Crittenden, Fitch, Green, Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saulsbury, and Sebastian-23.

Messrs. BENJAMIN of Louisiana, DOUGLAS of Illinois, HEMPHILL of Texas, IVERSON of Georgia, JOHNSON of Arkansas, SLIDELL of Louisiana, and WIGFALL of Texas, who voted on the next preceding question, did not vote on this. Mr. DOUGLAS stated afterwards in open Senate that he was accidentally absent in one of the retiring rooms, and asked to record his vote, but was refused permission.

section of the act, equal in amount, in the cases decided by
him, whether his decision be in favor of or against the
And to avoid misconstruction, the last clause
holding a warrant for the arrest or detention of a fugitive
dave, to saumon to his aid the posse comitatus, and
which declares it to be the duty of all good citizens to
ssist him in its execution, ought to be so amended as to
expressly limit the authority and duty to cases in which
there shall be resistance or danger of resistance or rescue.
4 That the laws for the suppression of the African slave
trade, and especially those prohibiting the importation of
slaves in the United States, ought to be made effectual, and
ought to be thoroughly executed; and all further enact-
meats necessary to those ends ought to be promptly made.
Mr. POWELL moved to amend by insert- Pugh, Rice, Sulsbury, Sebastian, and Slidell—-27.

January 18th, 1861.-Mr. CAMERON'S motion to reconsider the vote adopting Mr. Clark's amendment, was agreed to:

YEAS-Messrs. Bayard, Bigler, Bragg, Bright, Chingman, Crittenden, Douglas, Pitch, Green, Gwin, Hemphill, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell,

NAYS-Messrs. Anthony, Baker, Bingham, Cameron, | ANDREW JOHNSON, Senator from Tennessee, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Seward, Simmons, Sumuer, Ten Eyck, Wade, Wigfall, Wilkinson, and

Wilson-24.

March 2d. After the adoption of the House resolution proposing an amendment to the Constitution relative to slavery in the States, the Senate returned to the consideration of the Crittenden proposition,-the question being on the amendment offered by MR. CLARK of New Hampshire, once adopted and then reconsidered, [ for which see above vote, which was rejected-yeas 15, nays 22, as follows:

YEAS-Messrs. Bingham, Chandler, Clark, Doolittle, Durkee, Fessenden, Foot, Harlan, King, Morrill, Sumner,

Trumbull, Wade, Wilkinson, and Wilson-15.

NAYS-Messrs. Anthony, Baker, Bayard, Bigler, Bright, Crittenden, Dixon, Douglas, Foster, Gwin, Hunter, Johnson

of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, and Ten Eyck-22.

The Senate adopted, without a division, the amendments offered by Mr. Powell in the Committee of the whole, and agreed to as follows: Insert after "territory," in second sentence in first article, the words "now held or to be hereafter acquired," and add to article fourth the words "But the African slave trade shall be forever suppressed; and it shall be the duty of Congress to make such laws as shall be necessary and effectual to prevent the migration or importation of slaves, or persons owing service or labor, into the United States from any foreign country, place, or jurisdiction whatever.

SEC. 2. That persons committing crimes against the rights of those who hold persons to service or labor in one State, and fleeing to another, shall be delivered up in the same manner as persons committing other crimes; and the laws of the State from which such persons flee shall be the test of criminality. SEC. 3. Congress shall pass efficient laws for the punishment of all persons in any of the States who shall in any manner aid and abet invasion or insurrection in any other State, or commit any other act tending to disturb the tranquillity of its people, or government of any other State."

Mr. CRITTENDEN moved to substitute for his proposition that recommended by the Peace Conference, which was rejected-yeas 7, nays 28. (For vote, see p. 69.)

The Crittenden proposition, as amended, was then rejected-yeas 19, nays 20, as follows:

in his speech on the expulsion of Jesse D. Bright, Senator from Indiana, delivered January 31st, 1862, made these remarks. When the six Senators refused to vote on Senator Clark's amendment,* Senator Johnson says:

Here

"I sat right behind Mr. Benjamin, and I am not sure that my worthy friend, (Mr. LATHAM,) was not close by, when he refused to vote, and I said to him, Mr. Benjamin, why do you not vote? Why not save this proposition, and see if we cannot bring the country to it?' He gave me rather an abrupt answer, and said he would control his own action without consulting me or anybody else. Said I, Vote and show your self an honest man.' As soon as the vote was taken, he and others telegraphed South, We cannot get any compromise.' were six Southern men refusing to vote, when the amendment would have been rejected by four majority if they had voted. Who, then, has brought these evils on the country? Was it Mr. CLARK? He was acting out his own policy; but with the help we had from the other side of the chamber, if all those on this side had been true to the Constitution, and faithful to their constituents, and had acted with fidelity to the country, the amendment of the Senator from New Hamp shire could have been voted down, the defeat of which the Senator from Delaware says would have saved the country. Whose fault was it? Who is responsible for it? I think that it is not only getting the nail through, but clinching it on the other side, and the whole staple commodity is taken out of the speech. Who did it? Southern traitors, as was said in the speech of the Senator from California. They did it. They wanted no compromise. They accomplished their object by withholding their votes; and hence the country has been involved in the present difficulty. Let me read another extract from the speech of the Senator from California, [Mr. LATHAM]:

"I recollect full well the joy that pervaded the faces of some of those gentlemen at the result, and the sorrow manifested by the venerable Senator from Kentucky, [MR. CRITTENDEN.] The record shows that Mr. Pugh, from Ohio, despairing of any compromise between the extremes of ultra Republicanism and disunionists, working manifestly for the same end, moved, immediately after the vote was announced, to lay the whole subject on the table. If you will turn

YEAS-Messrs. Bayard, Bigler, Bright, Crittenden, Douglas, Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebas-to page 443, same volume, you will find, when tian, Thomson, and Wigfull-19.

NAYS-Messrs. Anthony, Bingham, Chandler. Clark, Dixon, Doolittle, Durkee, Fessenden, Foot, Foste drimes, Harlan, King, Morrill, Sumner, Ten Eyck, Trumbull,

Wade, Wilkinson, and Wilson-20.

It was not voted upon in the House of Representatives, except as far as it was embodied in the proposition offered by Mr. Clemens of Virginia-for which, see p. 63. Respecting the vote of January 16th, on the Crittenden proposition in the Senate,

at a late period, Mr. Cameron, from PennSylvania, moved to reconsider the vote, appeals having been made to sustain those who were struggling to preserve the peace of the country, that vote was reconsidered; and when, at last, the Crittenden proposi tions were submitted on the 2d day of March, these Southern States having nearly all se

See Mr. Crittenden's despatch to Raleigh, January

17th, page 39.

« PreviousContinue »