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VARIOUS PROPOSITIONS.

659

with whatever constitution its people might adopt, and Arizona should be included within its boundaries; Kansas should be admitted with the Leavenworth constitution, but no additional territory should be acquired by the United States without the consent of two-thirds of the States in the Senate, and of two-thirds of all the members of the House.1

But Rust's proposition to restore the Missouri Compromise line, prohibiting slavery north of it and leaving slavery south of it to be decided by new States, was rejected by sixteen to thirteen.2 By a vote of twenty-one to three Charles Francis Adams's resolution was adopted, that a constitutional amendment should be added that should forbid interference with slavery unless an amendment to that end should originate with a slaveholding State and receive the assent of every State in the Union.3 On the twenty-ninth of December, Taylor, of Louisiana, announced his intention to deliberate with the committee no longer, as it offered, to his mind, no hope of agreement; and from this time the absence of the Southern members made its work merely perfunctory. But it continued to entertain resolutions. On the second, without a division, Corwin's amendment was agreed to, that it was highly inexpedient and improper for Congress to abolish slavery, or to make the attempt, in places within slaveholding States over which the Government held jurisdiction.

That party politics ruled in the committee was shown, on the eleventh, when Adams moved to adopt the resolution, that peaceful acquiescence in the election of a Chief-Magistrate, accomplished in accordance with every

1 Id., p. 14, proposed by Davis of Maryland.

2 Id., pp. 15-16.

* Id., p. 17.

660

A THIRTEENTH AMENDMENT REPORTED.

legal and constitutional requirement, is the paramount duty of every good citizen of the United States. Millson, of Virginia objected, and moved to strike out the words, "the paramount" and insert "a high and imperative," which was agreed to, by eleven to ten. Seven of the Southern members had it entered on the journal that they refused to vote on the amendment, or on Adams's resolution, because it did not contemplate any legal enactment by Congress, or an amendment to the Constitution. Millson, Nelson and Bristow entered another minute, explaining their vote for Millson's amendment, because they did not want it to appear that "the grievances assigned by the seceding States to justify their ordinances of secession, were only pretexts to cover a resistance to the late election of Chief-Magistrate." A Thirteenth Amendment was then agreed to by twenty to five; a proposition to admit New Mexico (including Arizona) by fourteen to nine, and a more effective fugitive slave law, by twelve to eleven.2

The constitutional amendment was as follows: "No amendment of this Constitution having for its object any interference within the States with the relation between their citizens and those described in section second of the first article of the Constitution as 'all other persons,' shall originate with any State that does not recognize that relation within its own limits, or shall be valid without the assent of every one of the States composing the Union." This was agreed to by the committee on the eleventh of January.

While the committee had been thus engaged, the House had referred many resolutions and amendments to it.

1 Id., p. 35.

2 Id., pp. 35, 36.

3 Id., p. 35.

ANDREW JOHNSON'S PLAN OF PACIFICATION.

661

These were not acted on by the committee. They show, however, the state of public feeling, as they came up from all parts of the Union. They began on the twelfth of December, when twenty-two members submitted resolutions, under a call of the States for the purpose, and Anderson, of Missouri, submitted another set, on the following day. They proved, at the outset, how hopeless it was to expect unanimity. The most that could be looked for was the adoption of a party measure, and this could not be accepted by the States as a constitutional amendment.

Congress, like the world, has its characters and its list of curious propositions which, if their originators are to be believed, would benefit the country if enacted into laws. Andrew Johnson's plan of pacification, offered in the Senate, by which Presidents and Vice-Presidents should be taken alternately from slave States and free States, but never both from either, has been mentioned. The House now gave illustration of three even stranger schemes for healing all discords. Albert G. Jenkins, of Virginia, proposed a dual executive; the division of the Senate into two bodies; the consent of a majority of Senators from both the free and the slaveholding States necessary to all action by the Senate; and the creation of another advisory body, to be called a council. All these, he thought, would simplify legislation and give better expression to the public will. John W. Noell, of Missouri, doubtful of the wisdom of the fathers, wanted the committee of thirtythree to recommend the abolition of the offices of President and Vice-President, and to establish, instead, an executive council, consisting of three members, elected by districts of contiguous States, as near as practicable, each armed with the veto power. The equilibrium between free and slaveholding States should be restored and maintained

662

CLEMENT L. VALLANDIGHAM'S PLAN.

by the voluntary division of some of the slave States, into two or more. These visionary measures were suggested on the twelfth of December. A third, even more fantastical, came from Vallandigham, on the seventh of February, after a dozen ordinary propositions had followed the list already mentioned. The Union should be divided into four great sections, the North, the West, the Pacific and the South. On demand of one-third of the Senators of any section, on any measure to which the concurrence of the House was necessary, except on a question of adjournment, a vote should be had by sections, and a majority of the Senators from each section voting should be necessary to the passage of the measure. Each State should have two electors at large; but the others should be chosen by districts. A majority of all the electors in all the four sections should be necessary to the choice of President and Vice-President, and a majority of the States in each when the election should go to the House. The term of the President and Vice-President should be six years, and they should not be re-eligible, except by votes of two-thirds of all the electors of each section. Congress should by law provide for an election of these officials in a failure of the House and the Senate to choose a President and a Vice-President. No State should be allowed to secede without the consent of the legislatures of all the States of the section to which it belonged. In case of secession, Congress should arrange the terms. Neither Congress nor a Territorial legislature should have power to interfere with the right of the citizens of any State to migrate to another, with all rights of property secure. New States, not less than thirty thousand square miles in area, and having the Congressional ratio of population should be admitted from time to time under

ANDREW JOHNSON'S PLAN OF PACIFICATION.

661

These were not acted on by the committee. They show, however, the state of public feeling, as they came up from all parts of the Union. They began on the twelfth of December, when twenty-two members submitted resolutions, under a call of the States for the purpose, and Anderson, of Missouri, submitted another set, on the following day. They proved, at the outset, how hopeless it was to expect unanimity. The most that could be looked for was the adoption of a party measure, and this could not be accepted by the States as a constitutional amendment.

Congress, like the world, has its characters and its list of curious propositions which, if their originators are to be believed, would benefit the country if enacted into laws. Andrew Johnson's plan of pacification, offered in the Senate, by which Presidents and Vice-Presidents should be taken alternately from slave States and free States, but never both from either, has been mentioned. The House now gave illustration of three even stranger schemes for healing all discords. Albert G. Jenkins, of Virginia, proposed a dual executive; the division of the Senate into two bodies; the consent of a majority of Senators from both the free and the slaveholding States necessary to all action by the Senate; and the creation of another advisory body, to be called a council. All these, he thought, would simplify legislation and give better expression to the public will. John W. Noell, of Missouri, doubtful of the wisdom of the fathers, wanted the committee of thirtythree to recommend the abolition of the offices of President and Vice-President, and to establish, instead, an executive council, consisting of three members, elected by districts of contiguous States, as near as practicable, each armed with the veto power. The equilibrium between free and slaveholding States should be restored and maintained

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