This was the closing day of the Convention. The voting was on the Guthrie scheme by sections. As the result of the entire deliberations of the Convention, and as embodying the feelings and jority necessary to the ratifica- "YEAS.-Delaware, Indiana, Ken- The Peace Convention sey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-11. "NAYS-Connecticut, Illinois, Iowa, Maine, Massachu ideas of a body of eminent men, chiefly of the setts, North Carolina, New Hampshire, and Vermont—8. "conservative" school, we shall give the several propositions at length, and the vote by which they were adopted. The vote was by States. The Sections as adopted were the Guthrie scheme, except the first, which was Mr. Franklin's amendment, and Section two, which was by Mr. Summers, of Virginia. The entire sections are subsidiary to Article 13 of the Constitution, to which they were amendments as additional clauses: "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. YEAS.-Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee-9. "NAYS.-Connecticut, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia--8. " DIVIDED.-New York and Kansas-2. "NOT VOTING-Indiana. "SECTION 2. No Territory shall be acquired by the United States, except by discovery and for naval and commercial stations, depots, and transit routes, without the concurrence of a majority of all the Senators from States which allow involuntary servitude, and a majority of all the Senators from States which prohibit that relation; nor shall Territory be acquired by treaty, unless the votes of a majority of the Senators from each class of States hereinbefore mentioned be cast as a part of the two-thirds ma "DIVIDED.-New York and Kansas-2. "SECTION 3. Neither the Constitution, nor any amendment thereof, shall be construed to give Congress power to regulate, abolish, or control, within any State, the relation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to interfere with or abolish involuntary service in the District of Columbia without the consent of Maryland, and without the consent of the owners, or making the owners who do not consent just compensation; nor the established or recognized; nor the power to pro- "The bringing into the District of Columbia of persons held to labor or service for sale, or placing them in depots to be afterward transferred to other places for sale as merchandise, is prohibited. "YEAS-Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia-12. "NAYS.-Connecticut, Indiana, Iowa, Maine, Massachusetts, New Hampshire, and Vermont-7. "DIVIDED --New York and Kansas-2. "SECTION 4. The third paragraph of the second section of the fourth article of the Constitution shall not be construed to prevent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due. "YEAS.-Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina Betts, and New Hampshire-4. "DIVIDED.-New York and Kansas-2. "SECTION 5. The foreign slave-trade is hereby for ever prohibited; and it shall be the duty of Congress to pass laws to prevent the importation of slaves, coolies, or persons held to service or labor, into the United States and Territories from places beyond the limits thereof. "YEAS.-Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, New York, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Kansas-16. "NAYS.-Iowa, Maine, Massachusetts, North Carolina, and Virginia-5. "SECTION 6. The first, third, and fifth sections, together with this section of these amendments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph of the second section of the fourth article thereof, shall not be amended or abolished without the con sent of all the States. "YEAS.-Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee-11. "NAYS.-Connecticut, Indiana, Iowa, Maine, Massachusetts, North Carolina, New Hampshire, Vermont, and Virginia-9. "DIVIDED.-New York. "SECTION 7. Congress shall provide by law that the United States shall pay to the owner the full value of his fugitive from labor in all cases where the marshal or other officer whose duty it was to arrest such fugitive was prevented from so doing by violence or intimidation from mobs or riotous assemblages, or when, after arrest, such fugitive was rescued by like violence or intimidation, and the owner thereby deprived of the same; and the acceptance of such payment shall preclude the owner from further claim to such fugitive. Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the several States. "YEAS.-Delaware, Illinois, Indiana, Kentucky, Maryland, New Jersey, New Hampshire, Ohio, Pennsylvania, Rhode Island, Tennnesee, and Virginia-12. "NAYS.-Connecticut, Iowa, Maine, North Carolina, Missouri, and Vermont-7. At 2 o'clock Dr. Puleston, Secretary of the Conference, was introduced to the Speaker of the House of Representatives, and presented the following memorial, with a letter from President Tyler, and the amendments adopted by the Conference. A like communication was handed to Vice-President Breckenridge for presentation in the Senate. "TO THE CONGRESS OF THE UNITED STATES: The Convention assembled upon the invitation of the State of Virginia, to adjust the unhappy differences which now disturb the peace of the Union, and threate en its continuance, make known to the Congress of the United States that their body convened in the City of Washington on the 4th inst. and continued in session until the 27th. "There were in the body, when action was taken upon that which is here submitted, one hundred and thirty-three Commissioners, representing the following States: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Kentucky, Tennessee, Missouri, Illinois, Indiana, Ohio, Iowa, and Kansas. They have approved what is herewith submitted, and respectfully request that 'your honorable body will submit it to the Conventions in the States, as article thirteen of amendments to the Constitution of the United States." This result of the Convention was reported as having been favorably received in political circles. Even if Congress did not adopt it, it was thought that the conclusions aimed at were such as would afford the Unionists of the Border Slave States a rallying-point, and thus stay further secessions. Mr. Crittenden regarded it so auspicious of settlement, as to express an opinion that the Virginia Convention would adjourn without taking any further steps towards revolutionary action. How little did the noble Senator realize the nature of that form of human depravity denominated Virginia Secessionists! T CHAPTER XXXVI. THE TREASON OF MAJOR GENERAL TWIGGS. DOCUMENTS OF THE OF THE SEIZURE OF NEW YORK SHIPS AS REPRISALS. FACTS OF THE The Treason. A DISPATCH was received | citizens generally. The Alamo property has been at Washington, February given up by the gallant Captain Reynolds, as true a 25th, informing the Gov- patriot as Texas can boast, who has resigned his ernment that Major-General David E. Twiggs, commission under the recent United States Governcommanding in the department of Texas, had ment, determined to adhere to the cause of the proven false to his oath, and betrayed his South. The Lone Star flag now floats as of yore trust by surrendering, to the revolutionists, all the movable property, and the fixed property in forts, barracks, guns, &c., of the United States, in his extensive department. The news was based upon the following dispatch to the New Orleans Picayune: "GALVESTON, February 22-The Executive Committee now in session at Galveston, have received the very gratifying intelligence from Thomas J. Devine, S. A. Maverick, and P. N. Luckett, Commissioners from the Committee of Public Safety, to treat with General Twiggs, at San Antonio, advising of their successful efforts in behalf of Texas, in obtaining a surrender of the public property in this military department, and from the United States army. This result was accomplished by the superior diplomatic skill of the Commissioners, and the admirable military conduct of Benjamin McCulloch, and is eminently successful. The United States army is allowed to march to the coast by the articles of agreement, and to take with them their side-arms, facilities for transportation and subsistence, as well as two batteries of flying artillery of four guns each. The transportation means are to be surrendered, and left upon arrival at the coast. By this treaty, without one drop of blood shed, and without sullying in the least the honor of the United States army. Texas comes into possession of over $1,300,000 worth of public property, principally consisting of munitions of war." The Antonio (Texas) Herald of the 23d announced: "Colonel Ben. McCulloch, with his command, came into town this morning, at four o'clock, to take charge of the Government property. He was joined by the various city companies, and by our over the renowned Alamo. Negotiations are now going on for the other property in this cty, which, if not given up within a few hours will be taken." "Hurrah for independent Texas! Hurrah for the noble band of K. G. C.'s, who, in the hour of need, proved themselves so prompt in striking for the rights of the South. Hurrah for Texas and the great Southern Confederacy!" The orders covering this remarkable "arrangement," as published, read as follows: "SAN ANTONIO, February 18, 1861. The Documents. "The undersigned, Commissioners on the part of the State of Texas, fully empowered to exercise the authority undertaken by them, have formally and solemnly agreed with Brevet-MajorGeneral David E. Twiggs, United States Army, commanding the department of Texas, that the troops of the United States shall leave the soil of the State by the way of the coast; that they shall take with them the arms of their respective corps, including the battery of light artillery at Fort Duncan, and the battery of the same character at Fort Brown; and shall be allowed the necessary means for regular and comfortable movement, provisions, tents, &c., and transportation. "It is the desire of the Commission that there should be no infraction of this agreement on the part of the people of the State. It is their wish, on the contrary, that every facility shall be afforded the troops. They are our friends. They have heretofore afforded to our people all the protection in their power. They have been our protectors, and we owe them every consideration. "The public property at the various posts, other than that above recited for the use of the troops, will be turned over to agents to be appointed by the "P. N. LOCKETT, "S. A. MAVERICK, To this was to be added the fixed property in forts, barracks, officers' quarters, guns, &c., costing the Government about three millions of dollars in the aggregate. Thus, at one grand blow, the Government was disarmed in that quarter, and the revolutionists placed in possession of stores, mu "Commissioners on behalf of the Committee of nitions, transportation, arms, and clothing Public Safety." "HEADQUARTERS, DEPARTMENT OF TEXAS, SAN ANTONIO, February 18, 1861. "[General Orders, No. 5.] The State of Texas having demanded, through its Commissioners, the delivery of the military posts and public property within the limits of this command, and the commanding-general desiring to avoid even the possibility of a collision between the Federal and State troops, the posts will be evacuated by their garrisons, and these will take up, as soon as the necessary propositions can be made, the line of march out of Texas, by way of the coast-march ing out with their arms, (the light batteries with their guns,) clothing, camp and garrison equipage, Quartermaster's stores, subsistence, medical, hospital stores, and such means of transportation of every kind as may be necessary for an efficient and orderly movement of the troops, prepared for attack or defence against aggressions from any enough to arm and equip a force sufficient for the entire "defence of the State." The excuse for this gigantic treason was that offered by all the lesser conspirators in their several "seizures"-that it was necessary to prevent the South from being COerced." Not that Government had done anything to warrant the charge of danger to the State. The only step taken was an order for Colonel Waite to assume command of the Department, for the reason that Twiggs had intimated his unwillingness to stand by his Government in event of a final issue of arms, Anticipating the arrival of Colonel Waite, the commanding-general hastened the consummation of a transaction unquestionably prearranged with the War Department. Again had Mr. Floyd proven his wisdom by placing a person in command of the most important military department in the country, who should, at the right moment, do the right thing for Southern interests. As stated in the dispatch to New Orleans, the troops were permitted" 66 The Troops to march to the coast with their arms, &c. As they were located along a line extending from Brownsville and Austin as far north as Santa Fé, the privilege of marching to the sea-coast was a boon of which some of the troops could avail themselves; but not all, particularly as the means of transportation were, in some cases, extremely limited. Many found their way to Santa Fé. Some to Fort Smith, near Arkansas. Others pushed on to California; and not a few companies, with their officers, demoralized by the transaction, went over to the revolutionists. Those who found their way to the coast arrived at Galveston and Corpus Christi, in a disordered state, though the loyalty of many of the company and regimental officers prevented the total dispersion of their men under circumstances which tested not only THE FACTS OF their patriotism, but their ability to cope Governor Brown's On the 21st of February, Governor Brown again ordered the seizure, as reprisals, of Northern vessels. It will be remembered that, in our account of the first seizures, [see pages 331-32,] ten cases of arms belonging to citizens of Georgia were retained by the New York Police. As these cases were not given up, and no "satisfaction" was accorded to the Sovereign Governor, a second descent was made on vessels in Savannah harbor, and two Northern ships seized to be held in reprisal, until the restoration of the said ten cases of muskets. The Governor, in his order to Colonel Jackson, to make the second attachment, thus explained his reasons for the act: has neglected and refused to answer a written com munication upon the subject, sent to him through the regular medium of the mail. "While I held possession of the vessels seized, my agent was informed that the guns were at the command of their owners. Acting upon this assurance, Iordered the release of the vessels; and my agent, is now informed that the officer in possession of the guns has changed his mind, and that he will not now permit them to be returned to their owners. These facts show very clearly that it is the settled policy of the authorities of New York to subject our commerce to a surveillance which we cannot with honor submit to, and to seize upon our property and plun der our citizens at their pleasure. "Under these circumstances, I feel that I, as the Executive of Georgia, would prove recreant to the high trust reposed in me by my fellow-citizens, were I to refuse to protect their rights against such unprovoked aggression, by all the means which the law of nations or the Constitution and laws of this State have placed at my command. "It therefore becomes my duty again to direct you to call out such military force as may be necessary for that purpose, and to renew the reprisals, by the seizure, as soon as practicable, of vessels in the harbor of Savannah, or other property in the city or elsewhere, within your reach, belonging to the State, or to citizens of New York, at least equal in value to double the amount of the original seizures made by you. You will hold the property so seized subject to my order; and it will be released when the guns in question (together with any other property of our citizens which has been, or may, in the mean-time, be unlawfully seized by the authorities of New York,) are actually shipped from the harbor, and are beyond the reach or control of the police of the City of New York, or the authorities of that State." The fact that the Superintendent of the New York The Facts of the Case. Police had acted solely on his own responsibility, as an officer of the peace, relieved Governor Morgan from any connection with the affair; and, if Governor Brown addressed him as stated, it is not probable the Governor of New York could have exercised any authority in the matter, even if he had felt inclined to comply with the imperative demand. It was simply a ferred to, and I have received no response from question for the courts to decide, as the Pohim. He has not only refused, therefore, to order lice authorities admitted in their answer to the restoration of the property of which his police | all informal applications to deliver up the had plundered our citizens, within the limits of his The thirty-eight cases belonging to own State, on a demand sent by telegraph, but he Alabama were delivered up to the Sheriff "Twelve days have passed since I mailed to the Governor of New York the communication above re arms. |