A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 63

The resolutions of Virginia originated the call for the Conference.

Michigan, Wisconsin, Minnesota, California, and Oregon were not represented. South Carolina, Florida, Georgia, Alabama, Mississippi, Arkansas, and Texas had pa.s.sed ordinances of secession previous to the meeting of the Conference. Messrs. BENJAMIN and SLIDELL, the Senators from Louisiana, withdrew from the Senate of the United States before the proposed amendments to the Const.i.tution were reported to the Conference.

The following resolutions of their respective States were presented by the delegates to the Committee on Credentials, and were ordered by the Conference to be printed, on the motion of Mr. CHASE.[9]

[Footnote 9: See page 64, Proceedings of the Conference.]

TENNESSEE.

RESOLUTIONS _proposing amendments to the Const.i.tution of the United States._

_Resolved by the General a.s.sembly of the State of Tennessee_, That a Convention of delegates from all the slaveholding States should a.s.semble at Nashville, Tennessee, or such other place as a majority of the States cooperating may designate, on the fourth day of February, 1861, to digest and define a basis upon which, if possible, the Federal Union and the const.i.tutional rights of the slave States may be perpetuated and preserved.

_Resolved_, That the General a.s.sembly of the State of Tennessee appoint a number of delegates to said Convention, of our ablest and wisest men, equal to our whole delegation in Congress; and that the Governor of Tennessee immediately furnish copies of these resolutions to the Governors of the slaveholding States, and urge the partic.i.p.ation of such States in said Convention.

_Resolved_, That in the opinion of this General a.s.sembly, such plan of adjustment should embrace the following propositions as amendments to the Const.i.tution of the United States:

1. A declaratory amendment that African slaves, as held under the inst.i.tutions of the slaveholding States, shall be recognized as property, and ent.i.tled to the _status_ of other property, in the States where slavery exists, in all places within the exclusive jurisdiction of Congress in the slave States, in all the Territories south of 36 30'; in the District of Columbia; in transit; and whilst temporarily sojourning with the owner in the non-slaveholding States and Territories north of 36 30', and when fugitives from the owner, in the several places above named, as well as in all places in the exclusive jurisdiction of Congress in the non-slaveholding States.

2. That all the territory now owned, or which may be hereafter acquired by the United States south of the parallel of 36 30'; African slavery shall be recognized as existing, and be protected by all the departments of the Federal and Territorial Governments, and in all north of that line, now owned, or to be acquired, it shall not be recognized as existing; and whenever States formed out of any of said territory south of said line, having a population equal to that of a congressional district, shall apply for admission into the Union, the same shall be admitted as slave States, whilst States north of the line, formed out of said territory, and having a population equal to a Congressional district, shall be admitted without slavery; but the States formed out of said territory north and south having been admitted as members of the Union, shall have all the powers over the inst.i.tution of slavery possessed by the other States of the Union.

3. Congress shall have no power to abolish slavery in places under its exclusive jurisdiction, and situate within the limits of States that permit the holding of slaves.

4. Congress shall have no power to abolish slavery within the District of Columbia, as long as it exists in the adjoining States of Virginia and Maryland, or either, nor without the consent of the inhabitants, nor without just compensation made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit the officers of the Federal Government or members of Congress whose duties require them to be in said District, from bringing with them their slaves, and holding them as such, during the time their duties may require them to remain there, and afterwards take them from the District.

5. Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or the Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by seas.

6. In addition to the fugitive slave clause, provide that when a slave has been demanded of the Executive authority of the State to which he has fled, if he is not delivered, and the owner permitted to carry him out of the State in peace, the State so failing to deliver, shall pay to the owner the value of such slave, and such damages as he may have sustained in attempting to reclaim his slave, and secure his right of action in the Supreme Court of the United States, with execution against the property of such State and the individuals thereof.

7. No future amendment of the Const.i.tution shall affect the six preceding articles, nor the third paragraph of the second section of the first article of the Const.i.tution, nor the third paragraph of the second section of the fourth article of the Const.i.tution; and no amendments shall be made to the Const.i.tution which will authorize or give to Congress any power to abolish or interfere with slavery in any of the States by whose laws it is, or may be allowed or permitted.

8. That slave property shall be rendered secure in transit through, or whilst temporarily sojourning in, non-slaveholding States or Territories, or in the District of Columbia.

9. An amendment to the effect that all fugitives are to be deemed those offending the laws within the jurisdiction of the State, and who escape therefrom to other States; and that it is the duty of each State to suppress armed invasion of another State.

_Resolved_, That said Convention of the slaveholding States having agreed upon a basis of adjustment satisfactory to themselves, should, in the opinion of this General a.s.sembly, refer it to a Convention of all the States, slaveholding and non-slaveholding, in the manner following:

It should invite all States friendly to such plan of adjustment, to elect delegates in such manner as to reflect the popular will, to a.s.semble in a Const.i.tutional Convention of all the States North and South, to be held at Richmond, Virginia, on the ---- day of February, 1861, to revise and perfect such plan of adjustment, for its reference for final ratification and adoption by a Convention of the States respectively.

_Resolved_, That should a plan of adjustment, satisfactory to the South, not be acceded to by a requisite number of States to perfect amendments to the Const.i.tution of the United States, it is the opinion of this General a.s.sembly that the slaveholding States should adopt for themselves the Const.i.tution of the United States, with such amendments as may be satisfactory to the slaveholding States, and that they should invite into the Union with them all States of the North which are willing to abide such amended Const.i.tution and frame of Government, severing at once all connections with States refusing such reasonable guarantees to our future safety; such renewed conditions of Federal Union being first submitted for ratification to Convention of all the States respectively.

_Resolved_, That the Governor of the State of Tennessee furnish copies of these resolutions immediately to the Governors of the non-slaveholding States.

OHIO.

JOINT RESOLUTIONS _of the General a.s.sembly of the State of Ohio, relative to the appointment of Commissioners to the Convention to meet in Was.h.i.+ngton on the 4th of February, proximo. Pa.s.sed, January 30, 1861._

WHEREAS, The Commonwealth of Virginia has appointed five Commissioners to meet in the City of Was.h.i.+ngton on the fourth day of February next, with similar Commissioners from other States, and after full and free conference to agree, if practicable, upon some adjustment of the unhappy difficulties now dividing our country, which may be alike satisfactory and honorable to the States concerned; therefore be it

_Resolved, by the General a.s.sembly of the State of Ohio_, That the Governor, by and with the advice and consent of the Senate, be and he is hereby authorized and empowered to appoint five Commissioners to represent the State of Ohio in said Conference.

_Resolved_, That while we are not prepared to a.s.sent to the terms of settlement proposed by Virginia, and are fully satisfied that the Const.i.tution of the United States as it is, if fairly interpreted and obeyed by all sections of our country, contains ample provisions within itself for the correction of all evils complained, yet a disposition to reciprocate the patriotic spirit of a sister State, and a sincere desire to have harmoniously adjusted all differences between us, induce us to favor the appointment of the Commission as requested.

_Resolved_, That the Governor be requested to transmit without delay a copy of these Resolutions to each of the Commissioners to be appointed as aforesaid, to the end that they may repair to the City of Was.h.i.+ngton, on the day hereinbefore named, to meet such Commissioners as may be appointed by any of the States in accordance with the aforesaid propositions of Virginia.

_Resolved_, That in the opinion of this General a.s.sembly, it will be wise and expedient to adjourn the proposed Convention to a later day, and that the Commissioners to be appointed as aforesaid, are requested to use their influence in procuring an adjournment to the fourth day of April next.

KENTUCKY.

RESOLUTIONS _appointing Commissioners to attend a Conference at Was.h.i.+ngton City, February 4th, in accordance with the invitation of the Virginia Legislature._

WHEREAS, The General a.s.sembly of Virginia, with a view to make an effort to preserve the Union and the Const.i.tution in the spirit in which they were established by the Fathers of the Republic, have, by resolution, invited all the States who are willing to unite with her in an earnest effort to adjust the present unhappy controversies, to appoint Commissioners to meet on the 4th of February next, to consider, and if practicable, agree upon some suitable adjustment--

_Resolved_, That we heartily accept the invitation of our Old Mother Virginia, and that the following six Commissioners, viz.: Wm. O.

Butler, James B. Clay, Joshua F. Bell, C.S. Morehead, James Guthrie, and Chas. A. Wickliffe, be appointed to represent the State of Kentucky in the contemplated Convention, whose duty it shall be to repair to the City of Was.h.i.+ngton, on the day designated, to meet such Commissioners as may be appointed by any of the States in accordance with the foregoing invitation.

_Resolved_, That if said Commissioners shall agree upon any plan of adjustment requiring amendments to the Federal Const.i.tution, they be requested to communicate the proposed amendments to Congress, for the purpose of having the same submitted by that body, according to the forms of the Const.i.tution, to the several States for ratification.

_Resolved_, That if said Commissioners cannot agree on an adjustment, or if agreeing, Congress shall refuse to submit for ratification such amendments as they may propose, the Commissioners of this State shall immediately communicate the result to the Executive of this Commonwealth, to be by him laid before this General a.s.sembly.

_Resolved_, That in the opinion of the General a.s.sembly of Kentucky, the propositions embraced in the resolutions presented to the Senate of the United States by the Hon. JOHN J. CRITTENDEN, so construed, that the first article proposed as an amendment to the Const.i.tution of the United States shall apply to all the territory of the United States now held or hereafter acquired south of lat.i.tude 36 30', and provide that slavery of the African race shall be effectually protected as property therein during the continuance of the Territorial Government; and the fourth article shall secure to the owners of slaves the right of transit with their slaves between and through the non-slaveholding States and Territories, const.i.tute the basis of such an adjustment of the unhappy controversy which now divides the States of this Confederacy, as would be acceptable to the people of this Commonwealth.

_Resolved_, That the Governor be, and he is hereby requested to communicate information of the foregoing appointment to the Commissioners above named, at as early a day as practicable, and that he also communicate copies of the foregoing resolutions to the Executive of the respective States.

INDIANA.

A JOINT RESOLUTION _authorizing the Governor to appoint Commissioners to meet those sent by other States in Convention on the state of the Union._

WHEREAS, The State of Virginia has transmitted to this State resolutions adopted by her General a.s.sembly, inviting all such States as are willing to unite with her in an earnest effort to adjust the unhappy controversies, in the spirit in which the Const.i.tution was originally formed, to send Commissioners to meet those appointed by that State in Convention, to be held in the City of Was.h.i.+ngton, on the fourth day of February next, to consider, and if possible, to agree upon some suitable adjustment.

And whereas, some of the States to which invitations were extended by the State of Virginia have already responded and appointed their Commissioners; therefore,

_Resolved, by the General a.s.sembly of the State of Indiana_, That we accept the invitation of the State of Virginia, in the true spirit of fraternal feeling, and that the Governor of the State is hereby directed and empowered to appoint five Commissioners to meet the Commissioners appointed by our sister States, to consult upon the unhappy differences now dividing the country; but the said Commissioners shall take no action that will commit this State until _nineteen_ of the States are represented, nor without first having communicated with this General a.s.sembly in regard to such action, and having received the authority of the same so to commit the State.

_Resolved_, That while we are not prepared to a.s.sent to the terms of settlement proposed by the State of Virginia, and are fully satisfied that the Const.i.tution, if fairly interpreted and obeyed, contains ample provisions within itself for the correction of the evils complained of; still, with a disposition to reciprocate the patriotic desire of the State of Virginia, and to have harmoniously adjusted all differences existing between the States of the Union, this General a.s.sembly is induced to respond to the invitation of Virginia, by the appointment of the Commissioners herein provided for; but as the time fixed for the Convention to a.s.semble is so near at hand that the States cannot all be represented, it is expected that the Commissioners on behalf of this State will insist that the Convention adjourn until such time as the States shall have an opportunity of being represented.

_Resolved_, That his Excellency, the Governor, be requested to transmit copies of these resolutions to the Executives of each of the States of the Union.

DELAWARE.

JOINT RESOLUTIONS _appointing Commissioners._

WHEREAS, The State of Virginia has recommended the holding of a Convention of Delegates from all the States of the Union, at the City of Was.h.i.+ngton, on the fourth day of February next, for the purpose of taking into consideration and perfecting some plan of adjusting the matters in controversy now so unhappily subsisting in the family of States, and has appointed five Commissioners to represent the people of that Commonwealth in said Convention; and

_Whereas_, the people of the State of Delaware regard the preservation of the Union as paramount to any political consideration, and are fixed in their determination that Delaware, the first to adopt the Federal Const.i.tution, will be the last to do any act tending to destroy the integrity of the Union; therefore,

_Be it resolved by the Senate and House of Representatives of the State of Delaware in General a.s.sembly met_, That the Hon. George B.

Rodney, Daniel M. Bates, Esq., Dr. Henry Ridgely, Hon. John W.