Page images
PDF
EPUB

amendment of the Constitution, as were also the existing articles relating to the representation of slaves and the surrender of fugitives.

Besides these proposed amendments of the Constitution Mr. Crittenden's resolutions embodied certain declarations in affirmance of the constitutionality and binding force of the fugitive slave law-recommending the repeal by the States of all bills, the effect of which was to hinder the execution of that law, proposing to amend it by equalizing its fees, and urging the effectual execution of the law for the suppression of the African slave trade.

These resolutions were referred to the Committee of Thirteen, ordered on Mr. Powell's motion, and composed of the following Senators:

Messrs. Powell, Hunter, Crittenden, Seward, Toombs, Douglas, Collamer, Davis, Wade, Bigler, Rice, Doolittle, and Grimes.

On the 31st of December, this Committee reported that they "had not been able to agree upon any general plan of adjustment." The whole subject was nevertheless discussed over and over again during the residue of the session; but no final action was taken until the very day of its close. On the 21st of January, Messrs. Yulee and Mallory, of Florida, resigned their seats in the Senate because their State had passed an ordinance of secession, and on the 28th Mr. Iverson, of Georgia, followed their example. Messrs. Clay and Fitzpatrick, of Alabama, and Mr. Davis, of Mississippi, followed next, and on the 4th of February Messrs. Slidell and Benjamin, of Louisiana, also took their leave.

In the House of Representatives the debates took the same general direction as in the Senate. On the first day of the session a resolution was adopted, by a vote of 145 to 38, to refer so much of the President's Message as related to the perilous condition of the country, to a committee of one from each State. This committee was appointed as follows:

Corwin of Ohio.

Millson of Virginia.

Adams of Massachusetts.
Winslow of North Carolina.
Humphrey of New York.
Boyce of South Carolina.
Campbell of Pennsylvania.
Love of Georgia.
Ferry of Connecticut.
Davis of Maryland.

Robinson of Rhode Island.
Whitely of Delaware.
Tappan of New Hampshire.
Stratton of New Jersey.
Bristow of Kentucky.

Morrill of Vermont.

Nelson of Tennessee.

Dunn of Indiana.

Taylor of Louisiana.
Davis of Mississippi.
Kellogg of Illinois.
Houston of Alabama.
Morse of Maine.
Phelps of Missouri.
Rust of Arkansas.
Howard of Michigan.
Hawkins of Florida.
Hamilton of Texas.
Washburn of Wisconsin.
Curtis of Iowa.
Birch of California.
Windom of Minnesota.
Stark of Oregon.

A great variety of resolutions were offered and referred to this committee. In a few days the committee reported the following series of resolutions, and recommended their adoption:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all attempts on the parts of the Legislatures of any of the States to obstruct or hinder the recovery and surrender of fugitives from service or labor, are in derogation of the Constitution of the United States, inconsistent with the comity and good neighborhood that should prevail among the several States, and dangerous to the peace of the Union.

Resolved, That the several States be respectfully requested to cause their statutes to be revised, with a view to ascertain if any of them are in conflict with or tend to embarrass or hinder the execution of the laws of the United States, made in pursuance of the second section of the fourth article of the Constitution of the United States for the delivering up of persons held to labor by the laws of any State and escaping therefrom; and the Senate and House of Representatives earnestly request that all enactments having such tendency be forthwith repealed, as required by a just sense of constitutional obligations, and by a due regard for the peace of the Republic; and the President of the United States is requested to communicate these resolutions to the

Governors of the several States, with a request that they will lay the same before the Legislatures thereof respectively.

Resolved, That we recognize slavery as now existing in fifteen of the United States by the usages and laws of those States; and we recognize no authority, legally or otherwise, outside of a State where it so exists, to interfere with slaves or slavery in such States, in disregard of the rights of their owners or the peace of society.

Resolved, That we recognize the justice and propriety of a faithful execution of the Constitution, and laws made in pursuance thereof, on the subject of fugitive slaves, or fugitives from service or labor, and discountenance all mobs or hinderances to the execution of such laws, and that citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States.

Resolved, That we recognize no such conflicting elements in its composition, or sufficient cause from any source, for a dissolution of this Government; that we were not sent here to destroy, but to sustain and harmonize the institutions of the country, and to see that equal justice is done to all parts of the same; and finally, to perpetuate its existence on terms of equality and justice to all the States.

Resolved, That a faithful observance, on the part of all the States, of all their constitutional obligations to each other and to the Federal Government, is essential to the peace of the country.

Resolved, That it is the duty of the Federal Government to enforce the Federal laws, protect the Federal property, and preserve the Union of these States.

Resolved, That each State be requested to revise its statutes, and, if necessary, so to amend the same as to secure, without legislation by Congress, to citizens of other States travelling therein, the same protec tion as citizens of such State enjoy; and also to protect the citizens of other States travelling or sojourning therein against popular violence or illegal summary punishment, without trial in due form of law, for imputed crimes.

Resolved, That each State be also respectfully requested to enact such laws as will prevent and punish any attempt whatever in such State to recognize or set on foot the lawless invasion of any other State or Territory.

Resolved, That the President be requested to transmit copies of the foregoing resolutions to the Governors of the several States, with a request that they be communicated to their respective Legislatures.

These resolutions were intended and admirably calculated to calm the apprehensions of the people of the slaveholding States as to any disposition on the part of the Federal Government to interfere with Slavery, or withhold from them any of their constitutional rights; and in a House controlled by a large Republican majority, they were adopted by a vote of ayes 136, noes 53. Not content with this effort to satisfy all just complaints on the part of the Southern States, the same committee reported the following resolution, recommending such an amendment of the Constitution as should put it forever out of the power of the Government or people of the United States to interfere with Slavery in any of the States:

Be it 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 article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely:

Art. 12. No amendment shall be made to the Constitution which will authorize, or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.

This resolution was adopted by a vote of 133 to 65—more than two-thirds in its favor. This closed the action of the House of Representatives at this session on this important subject, though it had previously adopted, by a unanimous vote, the following declaratory resolution :

Resolved, That neither the Federal Government nor the people, or the governments of the non-slaveholding States, have the right to legislate upon or interfere with Slavery in any of the slaveholding States in the Union.

The action of the Senate was somewhat modified by the intervening action of a Peace Conference, which assembled at

Washington on the 4th of February, in pursuance of a recommendation of the State of Virginia, embodied in resolutions adopted by the General Assembly of that State on the 19th of January. It consisted of delegates, 133 in number, from 21 States-none of those which had seceded being represented. John Tyler, of Virginia, was appointed president, and a committee, consisting of one from each State, was appointed, with authority to "report what they may deem right, necessary, and proper to restore harmony and preserve the Union." On the 15th of February the committee reported a series of resolutions, in seven sections, which were discussed and amended, one by one, until the afternoon of the 26th, when the vote was taken upon them as amended, in succession, with the following results:

SECTION 1. In all the present territory of the United States, north of the parallel of thirty-six degrees and thirty minutes 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 on the adoption of the section was as follows:

AYES.-Delaware, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee-8.

NOES.-Connecticut, Illinois, Iowa, Maine, Massachusetts, Missouri, New York, North Carolina, New Hampshire, Vermont, Virginia—11.

So its adoption was not agreed to.

A reconsideration of this vote was called for by the delegates from Illinois and agreed to, 14 to 5. On the next day the question was again taken on the adoption of the section, with the following result:

« PreviousContinue »