THE

PEACE

CONVENTION

PROCEEDINGS.

451

The Peace Convention

Proceedings. Twenty-First Day.

The Peace Convention
Proceedings.

This was the closing day | jority necessary to the ratificaof the Convention. The tion of such treaty. voting was on the Guthrie scheme by sections. As the result of the entire deliberations of the Convention, and as embodying the feelings and ideas of a body of eminent men, chiefly of the "conservative" school, we shall give the several propositions at length, and the vote by which they were adopted.

"YEAS.-Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia—11.

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, involun-` tary 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

"NAYS-Connecticut, Illinois, Iowa, Maine, Massachu setts, North Carolina, New Hampshire, and Vermont-8. "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 power to interfere with or prohibit Representatives and others from bringing with them to the District of Columbia, retaining and taking away, persons so held to labor or service; nor the power to interfere with or abolish involuntary service in places under the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized; nor the power to prohibit the removal or transportation of persons held to labor or involuntary service in any State or Territory of the United States to any other State or Territory thereof where it is established or recognized by law or usage; and the right during transportation, by sea or river, of touching at ports, shores, and landings, and of landing in case of distress, shall exist; but not the right of transit in or through any State or Territory, or of sale or traffic, against the laws thereof. Nor shall Congress have power to authorize any higher rate of taxation on persons held to labor or service than on land.

"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, India.a, Iowa, Maine, Ma-sachusetts, 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

CHAPTER XXXVI.

66

THE

THE TREASON OF MAJOR GENERAL TWIGGS. DOCUMENTS OF THE "TRANSFER. AMOUNT OF PROPERTY TRANSFERRED. WITHDRAWAL OF THE TROOPS. GOVERNOR BROWN'S SECOND SEIZURE OF NEW YORK SHIPS AS REPRISALS. FACTS OF THE CASE.

The Treason.

A DISPATCH was received | citizens generally. The Alamo property has been given up by the. gallant Captain Reynolds, as true a patriot as Texas can boast, who has resigned his commission under the recent United States Government, determined to adhere to the cause of the South. The Lone Star flag now floats as of yore

at Washington, February 25th, informing the Government that Major-General David E. Twiggs, commanding in the department of Texas, had proven false to his oath, and betrayed his 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, wnich, 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

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

O F THE CASE.

455

has neglected and refused to answer a written communication 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 plunder our citizens at their pleasure.

their patriotism, but their ability to cope with untoward events. Several instances occurred wherein the officers in command of certain posts positively refused to obey the order of Twiggs to surrender and withdraw. But, in all cases, the overwhelming force of Texans, chiefly composed of cut-throats and scoundrels of every grade, who stood ready to dispossess the United States troops by direct assault, left no alternative to the loyal officers and men either to evacuate or to be butchered without mercy. The United States transport Daniel Webster happened to be on the coast at the time, and bore the first arrivals of the troops to Key West, Tortugas, and Fort Pickens, whose garrisons they contributed to strengthen. The troops from the high trust reposed in me by my fellow-citizens, were upper forts came in during March, and embark as means of passage offered. The United States authorities hastened to send transports, and succeeded in removing most of the men who came in up to April 15th.

By order of the War Department an order was published, March 1st, dismissing the recreant Major-General, in disgrace, from the service, for disloyalty to his flag and treason to his country.

Governor Brown's
Second Seizure.

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:

"Twelve days have passed since I mailed to the Governor of New York the communication above referred to, and I have received no response from him. He has not only refused, therefore, to order the restoration of the property of which his police had plundered our citizens, within the limits of his own State, on a demand sent by telegraph, but he

"Under these circumstances, I feel that I, as the Executive of Georgia, would prove recreant to the

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 question for the courts to decide, as the Police authorities admitted in their answer to all informal applications to deliver up the arms. The thirty-eight cases belonging to Alabama were delivered up to the Sheriff