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THE PEACE

CONVENTION

PROCEEDINGS.

449

The Peace Convention
Proceedings.

The Peace Convention
Proceedings.

Kentuckian's badly word-| North Carolina, in some ed scheme. It read as feeling at the rejection, follows: brought up a proposition "ARTICLE I. In all the present territory of the United States, not embraced by the Cherokee Treaty, 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 legal status of persons owing service or labor, as it now exists, shall not be changed by law, nor shall the rights arising from said relation be impaired; but

for the distinct recognition and protection of Slavery south of 36 deg., 30 min. Rejected by a vote of 17 to 3.

Mr. Curtis, of Iowa, proposed, as a substitute for that section of the Guthrie proposition relating to Slavery in the Territories, the adoption of the Missouri Compromise line, pure and simple. This Mr. Guthrie reinsisted, on the ostensible ground that, as the Committee recognized the principle of abrogating Slavery north of the line, it was only fair that the legal status of Slavery, as decided by the Supreme Court south of it, should be acknowledged. The people of the Border States required that much. The vote was deferred.

the same shall be subject to judicial cognizance
the Federal Courts, according to 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 gov-
ernment 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."

From this day's proceedings it became quite plain that the sentiment of the Republicans was for calling a National Convention that they were opposed to any compromise which should concede Slavery a status by virtue of the Constitution; and that they were not ready to give up their late victory at the call of disunionists. Notwithstanding this unanimity, there were enough "Conservative" men in the Convention, like Ewing, of Ohio, Loomis, Franklin, and Meredith, of Pennsylvania, Frelinghuysen and Stockton, of New Jersey, Dodge and Granger, of New York, to control the action of the Convention by their dividing votes.

The session, Friday, was Seventeenth Day. one of some excitement, reproducing the National

Eighteenth Day.

Saturday was a day of prolonged debate-two sessions being held. Among the propositions submitted was one by Seddon, of Virginia, to distribute the Federal offices equally between the North* and the South, on the ground that the public patronage was one of the causes of the sectional alienation. This proposition Mr. ex-President

*The fact that with less than one-third of the

population of the country-counting in their slavesthe South had ever had over one-half of the Government patronage, doubtless made the ex-President

feel that his proposition to be satisfied with one-half himself a Southern man—thus referred to this matter was an offer of great magnanimity. Mr. Holt

of patronage:

"Not only according to the theory, but the actual prac tice of the Government, the Slave States have ever been, and still are, in all re-pects, the peers of the free. Of the fourteen Presidents who have been elected, seven were citizens of Slave States; and of the seven remaining, three rep

Congress in a general struggle for the floor, and in the character of the speeches made.resented Southern principles, and received the votes of the The five minutes' rule was rescinded, and ten minutes voted, which gave the debate a wider

range.

Seddon, of Virginia, offered as a substitute a proposition that the Cherokee Treaty Grant, which lies south of the line 36 deg., 30 min., should be included in the Territory in which Slavery should be specifically recognized. An amendment to exclude the proposed recognition prevailed, when the whole amendment was rejected, by a vote of 11 to 9. Mr. Reid, of

Southern people; so that, in our whole history, but four

Presidents have been chosen who can be claimed as the

special champions of the policy and principles of the Free States, and even these so only in a modified sense. Does this look as if the south had ever been deprived of her equal share of the honors and powers of the Government ?"

Mr. Everett has made the same statement, adding: "For a still larger period (sixty-four years) the con

trolling influence of the Legislative and Judicial Departments have centred in the same quarter. Of all the offices in the gift of the central power, in every department, far more than her proportionate share has always been enjoyed by the South."

The Peace Convention
Proceedings.

Tyler supported in a very earnest speech, which was specially exempted from the ten minutes' rule, in order to hear the eminent Virginian's plea for Government patronage. The vote on the scheme was unexpectedly strong in the negative, viz.: yeas 6, nays 18.

The proposition to substitute the Missouri Compromise line for the first section of Mr. Guthrie's plan was rejected.

Mr. Franklin's substitute [see previous page] was adopted, by 14 to 6. This slightly modified Mr. Guthrie's first article, in using fewer words, and less ambiguous phrase. The second article of the Kentuckian's scheme [see page 361] was then brought up for consideration.

The Peace Convention
Proceedings.

nor any amendment thereof,
shall be construed to give
Congress power to regulate,
abolish or control, within any State or
Territory, the relation of Slavery, nor power
to interfere with the inter-State Slave-trade,"
etc., was under consideration during the day
and evening session, but no vote was reached.
It elicited a most thorough overhauling from
the dissentients, and many amendments were
proposed, chiefly verbal, Mr. Guthrie at
one moment threatened to withdraw along
with the entire Kentucky delegation, but af-
terwards made a speech which was received
with much pleasure, owing to its concilitary
tone.

This day's proceedings
proved that, if there was
peace in that Peace Con-

Twentieth Day.

feeling elicited by the debates. There was, beneath all the outward veil of forced smiles and courtesy, a depth of antagonism quite as strong as the antagonistic elements of Slavery and Anti-Slavery could engender. A special report thus chronicled the day's doings:

During the day it is reported that Mr. Chase, of Ohio, offered a proposition that it is inex-vention, it was not because of the peaceful pedient to proceed to the consideration of the grave matters involved in the resolutions of Virginia until all the States participate; and that ample time may be afforded for deliberation, it is resolved that the Convention adjourn to the 4th of April. An exciting debate occurred, but no action was taken. This was understood to embody the wishes of the Ohio and Illinois Legislatures. The object was to await the safe inauguration of Mr. Lincoln, and the acceptance, by the Border States, of his administration, ere any scheme of compromise was adopted or recommended.

66

Mr.

"The Convention had a sitting of nearly seven hours. The discussion was quite animated. Turner, of Illinois, made a spirited speech, which roused much feeling for a time, but it subsided before the adjournment. Most of the day was con sumed in voting upon amendments and substitutes. Mr. Field's resolution, declaring Secession illegal, was tabled. Mr. Baldwin's proposition for a National Convention was defeated. After these and

The result of this day's proceedings seemed to promise well for a settlement. A letter other preliminaries had been cleared away, the Conwas written by a distinguished Southern member" of the Convention to the Baltimore American, saying:

vention returned to the starting-point, and a division was called on Mr. Franklin's substitute for the first section of Mr. Guthrie's proposition. This had been inserted by a vote of 14 to 6. It was now rejected by yeas 8, nays 11; North Carolina and Vir

"As a matter of opinion, I can speak. Peace will be preserved, and the Union be restored. We have reached the bottom of our troubles, and hence-ginia voting in the negative. Much excitement was forth our fortunes will be brighter.

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manifested when the result was announced. Mr. Turner moved a reconsideration, which was carried and restored good feeling. The Convention then adjourned till 7 o'clock. The indications are that Mr. Franklin's substitute will carry to-morrow by a decided majority, gaining the vote of Illinois, and possibly New Hampshire. Indiana did not vote to-day.

The night's session was prolonged far into the stil! hours. No conclusion was arrived at up to adjournment, at 2 A. M.

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:

66

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 with

in 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 Ter

ritory 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 transporta

tion, 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.

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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, ludiaza, Iowa, Maine, Ma-sachuNew Hampshire, and Vermont-7. "DIVIDED.-New York and Kansas--2.

setts,

"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

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setts, 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 consent 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.

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At 2 o'clock Dr. Puleston, Secretary of the Con. ference, 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-Presi dent 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 threaten 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 ses

sion 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 follow ing 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 re

ported 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 sionists!

denominated Virginia Seces

CHAPTER XXXVI.

THE TREASON OF MAJOR-GENERAL TWIGGS. DOCUMENTS OF THE "TRANSFER. "" AMOUNT OF PROPERTY TRANSFERRED." 66 THE WITHDRAWAL OF THE TROOPS. GOVERNOR BROWN'S SECOND SEIZURE OF NEW YORK SHIPS AS REPRISALS. FACTS OF THE CASE.

The Treason.

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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, over the renowned Alamo. Negotiations are now all the movable property, and the fixed prop- if not given up within a few hours will be taken." going on for the other property in this cty, which, erty 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."

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Hurrah for

"Hurrah for independent Texas! 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 fore afforded to our people all the protection in their troops. They are our friends. They have heretopower. 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

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