Joint Resolution in relation to the Militia | the authority thereof, in the judiciary deof the States, the condition of forts, mag-partment of this Government, or under the azines, arsenals and dock-yards; military laws for the collection of the revenues of power; withdrawal of troops from garrisons on the application of a State; and the recognition of the right of a State to keep troops and ships of war by proclamation of the President. the United States; whereby, and in consequence whereof, the laws of the United States are in fact suspended within the limits of said State; therefore, to avoid any hostile collision that might arise between the authorities of the United States and of the State aforesaid, in the attempt to execute laws of the United States, in the absence of those officers required by law to administer and execute said laws: "Be it resolved by the Senate and House of Representatives, That from and after the passage of this joint resolution, all laws of the United States directing the mode in which the Army and Navy and other public force of the United States shall be used by the President of the United States, in aid of the civil authorites in executing the laws and authorizing the same, and all laws for the collection of revenue shall be, and the same are hereby suspended, and made inoperative in the State of South Carolina for the time being; and should it be made Whereas, by the second and third articles of amendment of the Constitution, it is declared that a well regulated Militia is the security of a free State, and that no soldier shall, in time of peace, be quartered in any house without the consent of the owner; and whereas, by the second and third clauses of the tenth section of the first article of the Constitution, it is indirectly provided that a State may, with the consent of Congress, keep troops and ships of war in time of peace; and whereas, by the seventeenth clause of the eighth section of the first article of the Constitution, the exclusive jurisdiction of the Federal Government over forts, magazines, arsenals, dock-yards, and so forth, is limited to places purchased by the consent of the Legislature of the State in which the same shall be; and whereas, to appear hereafter by the executive authe military powers delegated by the States to the Federal Government were designed for the purposes stated generally, in the preamble to the Constitution, namely: to insure domestic tranquillity, and provide for the common defence; therefore, Be it resolved by the Senate and House of Representatives, etc., that upon the application of a State, either through a Convention or Legislature thereof, asking that the Federal forces of the Army and Navy may be withdrawn from its limits, the President of the United States shall order the withdrawal of the Federal garrisons, and take the needful security for the safety of the public property which may remain in said State. Sec. 2. And be it further resolved, That whenever a State Convention, duly and lawfully assembled, shall enact that the safety of the State requires it to keep troops and ships of war, the President of the United States be, and he is hereby, authorized and directed to recognize the exercise of that power by the State, and by proclamation to give notice of the fact for the information and government of all parties concerned. thority of any other State or States, that a like ordinance has been passed by the people of any State, declaring such State or States separated from the United States, then it shall be the duty of the President of the United States to announce such separation by his proclamation, and all the laws of the United States shall, in like manner, be suspended and rendered inoperative in such State last aforesaid." RETROCESSION OF FORTS AND ARSENALS. January 2d, 1861. Mr. HUNTER offered in the Senate this resolution, upon which, on the 11th of January, he gave his opinion on the condition of the country and the needed remedies: WHEREAS certain forts, magazines, arsenals, dock-yards, and other needful buildings have been placed under the exclusive jurisdiction of the United States by a cession to that effect from certain States, and it may be the desire of one or more of these States to resume the jurisdiction thus ceded: Now, therefore Be it Resolved, That the President of the United States ought to be authorized by law, upon the application of the Legislature or of a regular Convention of the people of any such State, to retrocede this jurisdiction to such States, upon taking proper security for the safe-keeping and return of all the property of the United States, or for paying for the value of the same, if destroyed or injured by the act of any of the States making such application. MR. HUNTER'S PLAN OF ADJUSTMENT. In his speech, Mr. HUNTER indicated the points of adjustment which he considered indispensable He thought the Southern people were bound to withdraw from the Government unless they can get constitutional guarantees, which shall provide: first, that Congress shall have no power to abolish slavery in the States, in the District of Columbia, in the dock-yards, forts, and arsenals of the United States; second, that it shall not abolish, tax, or obstruct the slave trade between the States; third, that it shall be the duty of each of the States to suppress combinations within their jurisdiction for armed invasions of another; fourth, that States shall be admitted with or without slavery, according to the election of the people; fifth, that it shall be the duty of the States to restore fugitive slaves when within their borders, or to pay the value of the same; sixth, that fugitives from justice shall be deemed all those who have offended against the laws of a State within its jurisdiction, and who have escaped therefrom; seventh, that Congress shall recognize and protect as property whatever is held to be such by the laws or prescriptions of any State within the Territories, dock-yards, forts, and arsenals within the United States, and wherever the United States has exclusive jurisdiction; with the following exceptions: First, it may leave the subject of slavery or involuntary servitude to the people of the Territories when a law shall be passed to that effect with the usual sanction, and also with the assent of a majority of the Senators from the slaveholding States, and a majority of the Senators from the non-slaveholding States. That exception is designed to provide for the case where we might annex a territory almost fully peopled, and whose people ought to have the right of self-government, and yet might not be ready to be admitted as a State into the Union. The next exception is that "Congress may divide the territories to the effect that slavery or involuntary servitude shall be prohibited in one portion of the territory, and recognized and protected in another; provided the law has the sanction of a majority from each of the sections as aforesaid," and that exception is designed to provide for the case where an unpeopled territory is annexed, and it is a fair subject of division between the two sections. In addition to these "guarantees of principles," there should be "guarantees of power," without which he did not think permanent peace could be secured. He indicated these as the best: First, the dual Executive, not in the form proposed by Mr. Calhoun, but in one less fairly open to objections. He would provide: That each section shall elect a President, to be called the first and second President: the first to serve for four years as President, the next to succeed him at the end of four years, and to govern for four other years, and afterwards to be re-eligible. That during the term of service of the first President, the second should be Presi dent of the Senate, with a casting vote in case of a tie; and that no treaty should be valid which did not have the signatures of both Presidents, and the assent of twothirds of the Senate. That no law should be valid which did not have the assent of both Presidents, or in the event of a veto by one of them, the assent of a majority of the Senators of the section from which he came. That no person should be appointed to a local office in the section from which the second President was elected, unless the appointment had the assent of that President, or, in the event of his veto, the assent of a majority of the Senators from the section from which he came. He proposed to change the mode of electing these Presidents as follows: I would provide that each State should be divided into Presidential electoral districts; that each district should elect one man, and that these representatives from the whole United States should meet in one chamber, and that the two men who, after a certain number of ballots, received the highest number of votes, should be submitted as the candidates to the people, and he should be declared as President who received a majority of the districts-the districts each voting singly. I would do this to destroy the opportunities which are given under our present system of nomination to the formation of corrupt combinations for purposes of plunder and of patronage. I would substitute this instead of the National Conventions, which have already done so much harm in our system. Further: I would also diminish the temptation to such corrupt combinations for spoils and patronage by the fact that the President, after the first election, would be elected four years before he commenced his service as President, and in the meantime he would be training as a second President at the head of the Senate, and exercising the veto power. The fact that he was elected four years beforehand would do much to prevent such combinations; but, further than this, the effect of such a division of the Executive power would be to destroy, to a great extent, the miserable system of rotation in office which exists at present, and to make merit the test of the fitness for office, and a guarantee for his permanence in place; for, as the second President would probably keep those in office during his term of President whom he had protected by his veto power before, if they were worthy of the place, the effect would be, at least if this system were introduced, that the rotation principle would be applied, if at all, not once in four years, but once in eight years. But this plan would have another good effect. It would save us from most of those agitations attending a Presidential election which now disturb the country, which unset- | of those who are bound to the complaining tle public affairs, and which are doing so much to demoralize and corrupt the people. The election would take place in one section at a time; it would take place in each section but once in eight years, and in this way. we would escape those disturbances which are now dividing and destroying us. Further, "to secure the proper enforcement of rights which are now without remedies," he proposed "that the Supreme Court should also be adjusted. It should consist of ten judges-five from each section-the Chief Justice to be one of the five. I would allow one State to cite another State before this tribunal to charge it with having failed to perform its constitutional obligations; and if the court decided a State thus cited to be in default, then I would provide, if it did not repair the wrong it had done, that any State might deny to its citizens within its jurisdiction the privileges of citizens in all the States; that it might tax its commerce and the property of its people until it ceased to be in default. Thus I would provide a remedy without bringing the General Government into collision with the States, and without bringing the Supreme Court into collision with them. Whenever international stipulations in regard to the duties imposed on the States, as laid down in the Constitution, are violated, I would remedy the wrong by international remedies. I would give a State the right, in such cases, after the adjudication of the court, to deny to the offending State the performance of the mutual obligations which had been created for its benefit. In this way I believe that these wrongs might be remedied without producing collision in the system. A self-executing process would thus provide a remedy for the wrong, without a jar to the machinery of Government. In order to make this check efficient, it should be provided that the Judges of the Supreme Court in each section shall be appointed by the President from that section, and this is the only original appointing power which I would give to the second President." State by identical and homogeneous interests, would prevent it from prosecuting the claim any further. I believe that the system thus adjusted would give us a permanent Union, an efficient, a useful, and just Government. I think our Government would then rank among the most permanent of human institutions. It is my honest opinion that, with a Government thus balanced, and with such capacities for empire as our people possess, we should build up a political system whose power and stability and beneficial influences would be unparalleled in all the history of the past." He believed "this scheme afforded the best basis of settlement which has yet been devised. There are other schemes upon which I would settle. I would settle upon something which would give only a truce, provided it promised to be a long truce, and then trust to public opinion and the progress of truth to remedy future evils when they might arise. But I would prefer, when we do settle, after all this turmoil and confusion, that we should do so upon some principle which promises us a permanent adjustment, a constant and continuing peace, a safe, an efficient, and a stable Government." At the close of Mr. Hunter's speech, this significant colloquy took place: Mr. BAKER. I desire to ask the gentleman from Virginia, if he will allow me, and consider it respectful, one question. Mr. HUNTER. What is the question? Mr. BAKER. It is this: If a majority of this branch of Congress-the constitutional majority, and a majority of the other branch, also the constitutional majority-shall pass constitutional amendments, to be submitted according to the forms of the Constitution for the consent and approbation of the people, in that event, if they be such as substantially meet the views of the gentlemen on the other side, will the Senator from Virginia, so far as he can, throw the weight of Virginia, and especially the weight of his own individual character, to maintain the Constitution as it is, the Government as it In consideration of these changes. he ex-is, the laws as they now are, with the power pressed his willingness "to regulate the right of the Government, until the people of the of Secession, which I hold to be a right not States shall have decided upon those amendgiven in the Constitution, but resulting from ments? the nature of the compact. I would provide that, before a State seceded, it should summon a Convention of the States in the section to which it belonged, and submit to them a statement of its grievances and wrongs. Should a majority of the States in such Convention decide the complaint to be well founded, then the State ought to be permitted to secede in peace. For, whenever a majority of States in an entire section shall declare that good cause for secession exists, then who can dispute that it ought to take place? Should they say, however, that no good cause existed, then the moral force of such a decision, on the part of confederates Mr. HUNTER. The Senator has asked me some questions which I cannot answer. I cannot answer for Virginia; I am not authorized to do so. I can only say this: that I will vote for the propositions of the Senator from Kentucky which were presented in committee; and other gentlemen declared that they believed they would be satisfactory; but whether the people, who are now seceding and getting in line together for purposes of common defence, would wait to ascertain whether the State would adopt them, I am not authorized to say. Mr. BAKER. That is not quite it: I do not make myself understood by the gentle man. Will the gentleman himself, as a Senator Mr. HUNTER. If the Senator is not satisfied I cannot satisfy him. Mr. BAKER. Ah! For speech and colloquy, see Congression al Globe, second session, 36th Congress, pages 328-332. No vote was taken upon the resolution.. CONSTRUCTION OF SCREW SLOOPS OF WAR. February 11th. The Senate, as in Committee of the Whole, adopted an amendment to the Naval Appropriation bill, providing for the construction of seven steam screw sloops of war of the second class, with full steam power, whose greatest draught of water shall not exceed 14 feet, and appropriating $1,200,000 for the purpose. The vote was, yeas 30, nays 18, as follows: YEAS-Messrs. Anthony, Baker, Bigler, Bingham, Cameron, Chandler, Clark, Collamer, Doolittle, Durkee, Fessenden, Foot, Grimes, Hale, Harlan, Johnson of Tennessee, Kennerly, King, Latham, Morrill, Sebastian, Seward, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, Wil kinson, and Wilson-30. NAYS-Messrs. Bayard, Bragg, Bright, Clingman, Crit tenden, Fitch, Gwin, Hemphill, Hunter, Lane, Mason, Nich oleon, Pearce, Polk, Powell, Rice, Saulsbury, and Wigfall -13. 12th. The amendment made in Senate as in Committee of the Whole, was agreed to, yeas 27, nays 17. 20th. The House adopted the amendment, yeas 114, nays 38, as follows: "the Confederacy of the United States South;" and whereas it is desirable that the most amicable relations should exist between the two Governments, and war should be avoided as the greatest calamity which can befall them: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and is hereby, required to acknowledge the independence of said government as soon as he is informed officially of its establishment; and that he receive such envoy, embassador, or commissioner as may or shall be appointed by said government for the purpose of amicably adjusting the matters in dispute with said Government. It was not reported from the Committee. THE TERRITORIAL DIFFICULTIES SETTLED BY Congress passed and the President approved bills to provide temporary governments for Colorado, February 28th, Nevada, March 2d, and Dakotah, March 2d, 1861. These three Territories cover the entire region owned by the United States and not included within the States. The sixth and sixteenth sections of each bill are as follows: "That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of YEAS-Messrs. Charles F. Adams, Adrain, Aldrich, Allen, the United States and the provisions of the Alley, Wm. C. Anderson, Ashley, Barr, Bingham, Blake, act; but no law shall be passed interfering Brayton, Briggs, Bristow, Buffinton, Burlingame, Burnham, Butterfield, Campbell, Carey, Carter, Case, Coburn, C. B. with the primary disposal of the soil; no tax Cochrane, John Cochrane, Colfax, Conkling, Conway, Cox, shall be imposed upon the property of the Curtis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, United States; nor shall the lands or other Eliot, Ely, Farnsworth, Fenton, Ferry, Florence, Frank, French, Gooch, Graham, Grow, Gurley, Hall, Hamilton, property of non-residents be taxed higher J. Morrison Harris, Helmick, Hoard, Holman, William than the lands or the property of residents; Howard, Humphrey, Hutchins, Irvine, Junkin, Francis W. Kellogg, Wm. Kellogg, Kenyon, Killinger, Larrabee, nor shall any law be passed impairing the De Witt C. Leach, Lee, Longnecker, Loomis, Lovejoy, right of private property; nor shall any dis Marston, McKean, McKenty, McKnight, McPherson, Millcrimination be made. in taxing different son, Miliward, Laban T. Moore, Moorhead, Morrill, Edward Joy Morris, Isaac N. Morris, Morse, Nixon, Olin, Palmer, kinds of property; but all property subject Porter, Potter, Pottle, Edwin R. Reynolds, Rice, Chris- to taxation shall be in proportion to the topher Robinson, Royce, Scranton, Sedgwick, Sickles, Spaulding, Spinner, Stanton, Stevens, Wm. Stewart, Stratton, Tappan, Theaker, Tompkins, Van Wyck, Verree, Wade, Waldron, Cadwalader C. Washburn, Ellihu B. Wash burne, Webster, Wells, Wilson, Windom, Woodruff-114. value of the property taxed. "That the Constitution and all laws of the United States, which are not locally inapplicable, shall have the same force and effect within the said Territory of Dakotah as elsewhere within the United States." The ninth section contains this provision: "And each of the said District Courts shall have and exercise the same jurisdistion in all cases arising under the Constitution and RECOGNITION OF THE SOUTHERN CONFEDER-laws of the United States as is vested in the ACY. February 11, 1861. Mr. BURTON CRAIGE of North Carolina, offered in the House of Representatives, the following resolution, which was referred to the Committee on Foreign Affairs, on his motion : Whereas, the States of South Carolina, Florida, Alabama, Georgia, Mississippi, and Louisiana have seceded from the Confederacy of the United States, and have established a Government under the name of Circuit and District Courts of the United States; and the said Supreme and District Courts of the said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia." The provisions of these bills were, as was announced in debate, agreed upon by Mr. GREEN of Missouri, Chairman of the Senate Committee on Territories, and Mr. GROW of Pennsylvania, Chairman of the House Committee on Territories, Mr. Wade and others in consultation, and the bills passed without material opposition in either House. The Colorado bill passed the Senate February 4th, without a division, and the House, February 18th, by a vote of 90 yeas to 44 nays as follows: YEAS-Messrs. Charles F. Adams, Aldrich, Alley, Bingham, Blair, Blake, Brayton, Buffinton, Burlingame, Burnham, Butterfield, Campbell, Carey, Carter, Sase, Colfax, Conkling, Conway, Covode, Dawes, Delano, Duell, Edgerton, Edwards, Eliot, Ely, Farnsworth, Fenton, Florence, Frank, French, Gooch, Graham, Grow, Gurley, Hale, Hall, Helmick, William Howard, William A. Howard, Humphrey, Hutchins, Irvine, Junkin, Francis W. Kellogg, William Kellogg, Kenyon, Killinger, De Witt C. Leach, Lee, Longnecker, Loomis, Lovejoy, Marston, McKean, Mc Kenty, McKnight, McPherson, Moorhead, Morrill, Edward Joy Morris, Isaac N.Morris, Morse, Nixon, Palmer, Porter, Potter, Pottle, Edwin R. Reynolds, Rice, Christopher Robinson, Royce, Scranton, Sedgwick, Spinner, Stanton, Stevens, Tappan, Tompkins, Train, Vandever, Wade, Waldron, Walton, Cadwalader C. Washburn, Ellihu B. Washburne, Wells, Windom, Wood, Woodruff-90. NAYS-Messrs. Adrain, Allen, W. C. Anderson, Avery, Barrett, Bocock, Burch, Burnett, Horace F. Clark, Jno. B. Clark, Ino. Cochrane, Corwin, Cox, Burton Oraige, Jno. G. Davis, De Jarnette, Edmundson, Garnett, Gilmer, John T. Harris, Hatton, Hindman, Holman, Hughes, Leake, Logan, Maynard, McClernand, Millson, Laban T. Moore, Nelson, Niblack, Pettit, Phelps, Pryor, Quarles, James C. Robinson, Ruffin, Sickles, Simms, William N. H. Smith, Stevenson, Stokes, Thomas-44. The Nevada bill was passed by the House, March 1st-yeas 91, nays 32, and the Dakotah, same day, without a division. ON PROTECTING SLAVERY IN THE TERRITORIES. During the consideration of the Davis resolutions in the United States Senate in May, 1860, YEAS-Messrs. Bingham, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Foot, Hale, Hamlin, Harlan, Simmons, Ten Eyck, Trumbull, Wade, Wilson-16. Chesnut, Clay, Clingman, Davis, Fitzpatrick, Green, Ham NAYS-Messrs. Benjamin, Bigler, Bragg, Bright, Brown, mond, Hemphill, Hunter, Iverson, Johnson of Arkansas, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saulsbury, Johnson of Tennessee, Lane, Latham, Mallory, Mazon, Sebastian, Slidell, Toombs, Wigfall, Yee-33. The motion of Mr. CLINGMAN was then agreed to-yeas 26, nays 23, as follows: YEAS-Messrs. Bigler, Bingham, Bragg, Chandler, Clark, Clingman, Collamer, Crittenden, Dixon, Doolittle, Foot, Grimes, Hale, Hamlin, Harlan, Johnson of Tennessee, Ken nedy, Latham, Polk, Pugh, Simmons, Ten Eyck, Toombs, Trumbull, Wade, Wilson-26. NAYS-Messrs. Benjamin, Bright, Brown, Chesnut, Clay, Davis, Fitzpatrick, Green, Hammond, Hunter, Iverson, Lane, Mallory, Mason, Nicholson, Pearce, Powell, Rice, Saulsbury, Sebastian, Slidell, Wigfall, Yulee-23. When the fifth resolution was pending, Mr. CLINGMAN moved to amend by adding, as follows: "Provided. That it is not hereby intended to assert the duty of Congress to provide a system of laws for the maintenance of slavery." Which was rejected-yeas 12, nays 31, as follows: YEAS-Messrs. Clark, Clingman, Dixon, Foot, Foster, Hale, Hamlin, Latham, Pugh, Ten Eyck, Trumbull, Wilson -12. NAYS-Messrs. Benjamin, Bragg, Bright, Brown, Chesnut, Mr. THOMAS L. CLINGMAN of North Caro-Hunter, Iverson, Johnson of Arkansas, Johnson of Tennes Clay, Davis, Fitzpatrick, Green, Hammond, Hemphill, lina, May 24th, offered an amendment to add see, Kennedy, Lane, Mallory, Mason, Nicholson, Pearce, to the fourth resolution the following: Polk, Powell, Rice, Saulsbury, Sebastian, Slidell, Thomson, Toombs, Wigfall, Yulee-31. "Resolved, That the existing condition of the Territories of the United States does not require the intervention of Congress for the protection of property in slaves." Mr.ALBERT G. BROWN of Mississippi, moved to strike from the amendment the word "not," so as to assert that the existing condition of the Territories of the United States does require the intervention of Congress for the protection of property in slaves. Which was rejected May 25th-yeas 5, nays 43, as follows: YEAS-Messrs. Brown, Clay, Iverson, Johnson of Arkan sas, Yulee-5. NAYS-Messrs. Benjamin, Bigler, Bingham, Bragg, Bright, Chandler, Chesnut, Clark, Clingman, Collamer, Crittenden, Davis, Dixon, Doolittle, Fitzpatrick, Foot, Green, Gwin, Hale, Hamlin, Hammond, Hemphill, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mallory, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Sebastian, Slidell, Ten Eyck, Toombs, Trumbull, Wade, Wigfall, Wilson-43. The question recurring on Mr. CLINGMAN's amendment, substitute for the fifth resolution, as follows: Mr. BROWN of Mississippi, then offered a "That experience having already shown that the Constitution and the common law, unaided by statutory enactment, do not slave property-some of the Territories havafford adequate and sufficient protection to ing failed, others having refused to pass such enactments—it has become the duty of Congress to interpose and pass such laws as will afford to slave property in the Territories that protection which is given to other kinds of property." Which was rejected-yeas 3, nays 42, as follows: YEAS-Messrs. Brown, Johnson of Arkansas, Mallory-3. NAYS-Messrs. Benjamin, Bigler, Bragg, Bright, Chesnut, Clark, Clay, Clingman, Crittenden, Davis, Dixon, Doolittle, Fitzpatrick, Foot, Foster, Green, Grimes, Gwin, Hamlin, Harlan, Hemphill, Hunter, Iverson, Johnson of Tennessee Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Sebastian, Slidell, Ten Eyck, Thomson, Toombs, Trumbull, Wigfall, Wilson, Yulee-42. |