« PreviousContinue »
States Court for said State from which said fugitive was alleged to have escaped, which certificate shall be filed in the office of the United States District Court for the State or district in which said alleged fugitive was seized, within sixty days from the date of the arrest of said fugitive; and should said marshal fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of $1,000 and imprisoned for six months, and until his said fine is paid.
SEC. 2. And be it further enacted, That no citizen of any State shall be compelled to aid the marshal or owner of any fugitive in the capture or detention of such fugitive, unless when force is employed or reasonably apprehended to prevent such capture or detention, too powerful to be resisted by the marshal or owner; and the fees of the commissioners appointed under the act of 18th of September, 1850, shall be ten dollars for every case heard and determined by such commissioner.
Which was passed, yeas 92, nays 83, as follows:
AMENDMENT OF FUGITIVE SLAVE LAW.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person arrested under the laws of Congress for the delivery up of fugitives from labor shall be produced before a court, judge, or commissioner, mentioned in the law approved the 18th of September, 1850, for the State or Territory wherein the arrest may be made; and upon such production of the person, together with the proofs mentioned in the sixth or the tenth section of the said act, such court, judge, or commissioner, shall proceed to hear and consider the same publicly; and if such court, judge, or commissioner, is of opinion that the person arrested owes labor or service to the claimant according to the laws of any other State, Territory, or District of Columbia, and escaped therefrom, the court, judge, or commissioner shall make out and deliver to the claimant, or his agent, a certificate stating those facts; and if the said fugitive shall, upon the decision of the court, judge, or commissioner being made known to him, aver that he is free, and does not owe service or labor according to the law. Anderson, Babbitt, Barr, Blair, Brayton, Briggs, Bristow,
YEAS-Messrs. Green Adams, Adrain, Aldrich, William
ling, Corwin, Covode, H. Winter Davis, John G. Davis,
Burch, Burlingame, Burnham, Butterfield, Campbell, Carre-ter, Case, Clemens, Coburn, John Cochrane, Colfax, ConkDelano, Dimmick, Dunn, Edwards, Ely, Ferry, Fouke, French, Gurley, Hale, Hall, J. Morrison Harris, Hatton, Helmick, Hoard, William Howard, William A. Howard, Kenyon, Kilgore, Killinger, Lee, Longnecker, Loomis, Humphrey, Junkin, Francis W. Kellogg, William Kellogg, Marston, Chas. D. Martin, McClernand, McKean, Mc Kenty, Joy Morris, Isaac N. Morris, Nixon, Olin, Palmer, Perry, McKnight, McPherson, Millward, Moorhead, Morrill, Edw. Pettit, Porter, Pottle, John H. Reynolds, Rice, Riggs, Christopher Robinson, James C. Robinson, Scranton, Sickles, Spaulding, Spinner, Stanton, Stratton, Thayer, Theaker, Tompkins, Train, Trimble, Walton, Windom, Wood, Woodruff-92.
of the State or Territory to which he is to be
Blake, Bocock, Boteler, Bouligny,, Brabson, Branch, Brown,
AMENDMENT OF THE ACT FOR THE RENDITION
OF FUGITIVES FROM JUSTICE.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person charged, by indictment or other satisfactory evidence, in any State, with treason felony, or other crime, committed within the jurisdiction of such State, who shall flee or shall have fled from justice and be found ir another State, shall, on demand of the executive authority of the State from which he fled upon the district judge of the United States of the district in which he may be found, be arrested and brought before such judge, who, on being satisfied that he is the person charged, and that he was within the
jurisdiction of such State at the time such | ton, Edmundson, Edwards, Eliot, Ely, English, Farnsworth, crime was committed, of which such charge Haskin, Hickman, Hindman, W. A. Howard, Hutchins, Fenton, Florence, Frank, French, Garnett, Gooch, Graham, shall be prima facie evidence, shall deliver Irvine, Jenkins, F. W. Kellogg, Kilgore, Kunkel, D. C. him up to be removed to the State having Leach, Leake, Lee, Longnecker, Lovejoy, Marston, Elbert & Martin, McKean, McKnight, Moorhead, Morrill, Morse, jurisdiction of the crime; and if any ques- Nelson, Niblack, Olin, Perry, Pettit, Peyton, Phelps, Potter, tion of law shall arise during such exami- Pottle, Pyor, F. R. Reynolds, Rice, C. Robinson, Rufin Sickles, Simms, W. H. N. Smith, Somes, Spaulding, Spinner, nation, it may be taken on exceptions by Stevens, Stevenson, Tappan, Thomas, Tompkins, Train, writ of error to the Circuit Court.
Which was rejected, yeas 48, nays 125, as follows:
Trimble, Vallandigham, Vance, Wade, Walton, C. C. Washburn, E. B. Washburne, Whiteley, Wilson, Windom, Wins low, Woodson, Wright-109.
YEAS-Messrs. Green Adams, Adrain, William C. Anderson, 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, MeCiernand, Mc Kenty, Millson, Laban T. Moore, Moorhead, Nelson, Nixon, Phelps, Riggs, James C. Robinson, Scranton, Sickles, Stokes, Webster, Wood-48.
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,
necker, Loomis, Lovejoy, Marston, Elbert S. Martin, Me-
ART. 13. That in all the territory now
wick, Sherman, Simms, William H. N. Smith, Somes, Spin-held by the United States situate north of
ner, Stanton, Stevens, Stevenson, James A. Stewart, William
Stewart, Stratton, Tappan, Theaker, Thomas, Tompkins,
Walton, Cadwalader C. Washburn, Ellihu
February 27th. Mr. BURCH moved to add to the declaratory resolutions, one recommending to the several States that they, through their legislatures, request Congress to call a Convention of all the States, to amend it "in such manner with regard to such subjects as will more adequately respond to the wants, and afford more sufficient guarantees to the diversified and grow ing interests of the Government and of the people composing the same; which was rejected, yeas 74, nays 109, as follows:
Same day. Mr. KILGORE moved to lay the whole subject on the table; which was rejected-yeas 14, nays 179. The yeas were:
Anderson, Babbitt, Burr, Boteler, Brabson, Briggs, Bris
YEAS--Messrs. Green Adams, Garnett B. Adrain, W. C. tow, Burch, Burnham, Campbell, Coburn, Clark B. Cochrane, John Cochrane, Colfax, Cor, Curtis, Duell, Etheridge, Ferry, Fouke, Gilmer, Hall, J. Morrison Harris, John T. Harris, Hatton, Helmick, Hoard, Holman, Wm. Howard, Hughes, Humphrey, Junkin, Wm. Kellogg, Kenyon, Killinger, Larrabee, J. M. Leach, Logan, Loomis, Mallory, Chas. D. Martin, Maynard, McClernand, Mc Kenty, McPher
BOD, Millson, Montgomery, Moore, Edward Joy Morris, Isaac N. Morris, Nixon, Noell, Palmer, Porter, Quarles, John H. Reynolds, Riggs, J. C. Robinson, Scranton, Sedgwick, Stanton, James A. Sewart, Wm. Stewart, Stokes, Stont, Stratton, Thayer, Waldron, Webster, Wells, Wood, Woodruff-74. NAYS--Messrs. Chas. F. Adams, Aldrich, Alley, T. L. Ander
son, Ashley, Avery, Barrett, Beale, Bingham, Blair, Blake, Bocock, Brench, Brayton, Brown, Buffinton, Burlingame, Burnett, Butterfield, Carey, Carter, Case, John B. Clark, Corwin, Covode, Jas. Craig, Burton Craige, H. Winter Davis, J. G. Davis, Dawes, De Jarnette, Delano, Dimmick, Dunn, Eger
Messrs. Alley, Beale, Buffinton, Carey, Eliot, Farnsworth, Grow, Kilgore, Potter, Sedgwick, Somes, Waldron, Cadwalader 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 'ntents and purposes, as part of said Constitution, when ratified by conventions of three-fourths of the several States.
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 State of this Union, when that relation exists by virtue of any law or usage of such State, while it shall remain in a territorial condition; and when any territory north or south 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 may, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without the relation of persons held to service or labor, as the constitution of such new State may provide.
ART. 14. That nothing in the Constitution of the United States, or any amendment thereto, shall be so construed as to authorize any department of the Government to, in any manner, interfere with the relation of persons held to service in any State where that relation exists, nor in any manner to establish or sustain that relation in any State where it is prohibited by the laws or constitution of such State. And that this article shall not be altered or amended without the consent of every State in the Union.
ART. 15. The third paragraph of the second section of the fourth article of the Constitution shall be taken and construed
Conway, Corwin, Covode, H. Winter Davis, Dawes, Delano,
from, to the party to whom such service or
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 there-Hoard, 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, Pettit, Porter, Potter, Pottle, Edwin R. Reynolds, Rice, Moorhead, Morrill, Morse, Nixon, Olin, Palmer, Perry, 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.
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.
Logan, Charles D. Martin, McClernand, Mc Kenty, Mont-ever
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 fro 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 36° 30'," in the first sentence of Article 1.
Which was negatived, yeas 80, nays 113, as follows:
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:
YRAS-Messrs. Adrain, William C. Anderson, Avery,
John B. Clark, John Cochrane, Cox, James Craig, Burton
English, Florence, Puke, Garnett, Gilmer, Hamilton, J.
Leach, Lerke, Logan, Maclay, Mallory, Charles D. Martin,
Ellert S. Martin, Maynard, McClernard, Mc Kenty, Millson,
But the African slave trade shall be forsuppressed, and it shall be the duty of Congress to make such laws as shall be necessary and effectual, to prevent the migration 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.
"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.
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 A JOINT RESOLUTION (S. NO. 50) PROPOSING CERTAIN AMEND
Vote on the Crittenden Resolutions,
MENTS TO THE CONSTITUTION OF THE UNITED STATES.
NAYS.-Messrs. Anthony, Baker, Bigler, Bright, Crittenden, Dixon, Douglas, Foster, Gwin, Harlan, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, Ten Eyck, and Thomson-24.
Which was rejected-yeas 14, nays 25, as follows:
WHEREAS, serious and alarming dissensions have arisen
the peace, protect the public property, and enforce the laws, rather than in new guarantees for particular interests, compromises for between the Northern and Southern States, concerning the particular difficulties, or concessions to unreasonable demands.
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 ments to the Constitution of the United States, which shail be valid to all intents and purposes, as part of said Constitution, when ratified by conventions of three-fourths of the several States:
held, or hereafter acquired, situate north of latitude 36 30, ARTICLE 1. In all the territory of the United States now 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 all the departments of the territorial government during with by Congress, but shall be protected as property by its continuance. And when any Territory, north or south 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 repre sentation 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.
Mr. GRIMES, of Iowa, offered the following substitute:
YEAS-Messrs. Bingham, Chandler, Clark, Doolittle, Fessenden, Foot, Grimes, King, Morrill, Pugh, Sumner, Trumbull, Wilkinson, and Wilson-14.
"Th Legislatures of the States of Kentucky, New Jersey and Illinois, have applied to Congress to call a Convention for proposing amendments to the Constitution of the United States: therefore,
"Be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislatures of the other States be invited to take the subject of such a Convention into consideration, and to express their will on that subject to Congress, in pursuance of the fifth article of the Constitution."
NAYS-Messrs. Anthony, Baker, Bright, Crittenden, Dixon, Douglas, Durkee, Foster, Gwin, Hailan, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Masom, Nicholson, Polk, Rice, Sebastian, Ten Eyck, Thomson, and Wade-24.
THE PEACE CONFERENCE.
The Peace Conference propositions offered by Mr. JOHNSON, of Arkansas, were then considered 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.
ART. 2. 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.
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
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:
hinder the transportation of slaves from one State to another, 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.
ART. 5 That in addition to the provisions of the third paragraph of the second section of the fourth article of the
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 obstructed in the pursuit of his remedy for the recovery of his fugitive slave under the said clause of the Constitution and the laws made in pursuance thereof. And in all such cases, when the United States shall pay for such fugitive. they shall have the right, in their own name, to sue the county in which said violence, intimidation, or rescue was committed, and to recover from it, with interest and damage, 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 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. braced 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
And whereas, also, besides these causes of dissension em
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,
That the laws now iù force for the recovery of fugitive
1. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, slaves 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 United States; 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 resene of the slave, or other illegal means, to
hinder 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 null and void by the plain provisions of the Constitntion of the United States; yet those State laws, void as they are, have given color to practices, and led to consequences 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 or 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 make the fee of the commissioner, mentioned in the eighth
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 accident
rection of the act, equal in amount, in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the last clause of the fifth section of said act, which authorizes the person
holding a warrant for the arrest or detention of a fugitiveally absent in one of the retiring rooms, and slave, to summon to his aid the posse comitatus, and asked to record his vote, but was refused which declares it to be the duty of all good citizens to | assist 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 slavetraie, and especially those prohibiting the importation of slaves in the United States, ought to be made effectual, and oright to be thoroughly executed; and all further enactrients necessary to those ends ought to be promptly made. MR. POWELL moved to amend by insert-Pugh, Rice, Saulsbury, Sebastian, and Slidell-27.
YEAS-Messrs. Bayard, Bigler, Bragg, Bright, Clingman, Crittenden, Douglas, Bitch, Green, Gwin, Hemphill," Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell,
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, Pulk, Powell, Pugh, Rice, Sulsbury, Sebastian, Slidell, and Wigfall-29.
NAYS-Messrs. Anthony, Bingham, Cameron, Chandler,
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, Braga, Bright, Clingman, Crittenden, Fitch, Green, Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saulsbury, and S bastian-23.
January 18th, 1861.-MR. CAMERON'S motion to reconsider the vote adopting Mr. Clark's amendment, was agreed to: