A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 68

Mr. HALE:--I object to its present consideration.

Mr. SEWARD:--I am not proposing to consider it.

Mr. BIGLER:--The Senator from New Hamps.h.i.+re has no right to make the objection.

Mr. SEWARD:--I am not proposing to consider it at the present moment; but I am desirous of making an explanation from the committee, touching the report made by the Senator from Kentucky. The honorable Senator from Illinois [Mr. TRUMBULL], and myself, const.i.tuted a minority of the committee. We dissent from the report, and we proposed in committee to submit a subst.i.tute. The majority held that, for some reason, sufficient in their estimation, we were not ent.i.tled to submit a minority report. I therefore ask leave of the Senate to introduce a joint resolution in my own name, and in which the honorable Senator from Illinois authorized me to say that he concurs with me, and which I ask unanimous consent to have read and printed; and it will be the subject of consideration at such time hereafter as the Senate shall choose to hear it, either in connection with the other or not.

Mr. MASON:--Is it in the form of a report?

Mr. SEWARD:--No; it is not insisted on in that form; it is submitted on my own behalf. I desire that it may be read for information and printed, subject to the future action of the Senate.

The proposition of Mr. SEWARD was read, as follows:

A joint resolution concerning a National Convention to propose amendments to the Const.i.tution of the United States.

WHEREAS, The Legislatures of the States of Kentucky, New Jersey, and Illinois, have applied to Congress to call a Convention for proposing amendments to the Const.i.tution of the United States: Therefore,

_Be it Resolved, &c._, That the Legislatures of the other States be invited to take the subject into consideration, and to express their will on that subject to Congress, in pursuance of the fifth article of the Const.i.tution.

Mr. BIGLER:--I desire to make--

The PRESIDING OFFICER:--The Senator from California was on the floor.

No action is now requested on the paper just offered, only a motion to print. Shall the paper be printed?

Mr. HALE:--Was it read for information?

The PRESIDING OFFICER:--For information only.

Mr. SEWARD:--I move that it be printed.

The PRESIDING OFFICER:--The Chair hears no objection.

Mr. BIGLER:--I desire to make a remark in reference to the question of order made by the Senator from New Hamps.h.i.+re. The Senator objects to the consideration of the report to-day. Yesterday, when the Senator from Kentucky made the motion, I insisted on further moving that the report of the committee should be the special order at one o'clock to-day.

The PRESIDING OFFICER:--That is the record.

Mr. BIGLER:--That instruction was offered, and therefore the Senator's objection will not apply.

Mr. HALE:--Therefore it will.

Mr. SEWARD:--I insist on the motion to print.

The PRESIDING OFFICER:--The Senator from California is on the floor.

The Senator from New Hamps.h.i.+re having objected to the present consideration of the resolution reported by the Senator from Kentucky, for the time being it cannot be considered.

Mr. SEWARD:--Will the Senator from California allow the question to be put on my motion to print?

The PRESIDING OFFICER:-The Chair heard no objection to that; and it was ordered.

Mr. DOOLITTLE:--The Senator from California will allow me to say a single word. I observe that, in this report, the State of Wisconsin is mentioned as having sent delegates to this Convention, commonly denominated the Peace Convention. That is a mistake. I desire, also, to give notice that when this subject shall come up for consideration, I shall offer as an amendment to the first section of article thirteen, as proposed, the following proviso:

_Provided, however_ (and this section shall take effect upon the express condition), That no State, or any part thereof, heretofore admitted, or hereafter to be admitted, into the Union, shall have power to withdraw from the jurisdiction of the United States; and that this Const.i.tution, and all laws pa.s.sed in pursuance thereof, shall be the supreme law of the land therein, any thing contained in any const.i.tution, act, or ordinance of any State Legislature or Convention to the contrary notwithstanding.

The section will then read as follows:

SEC. 1. In all the present territory of the United States north of the parallel of 36 30' of north lat.i.tude, 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 pa.s.sed by Congress or the Territorial Legislature to hinder or prevent the taking of such persons from any of the States of the Union to said territory, nor to impair the rights arising from the 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 Const.i.tution of such State may provide; _Provided, however_ (and this section shall take effect upon the express condition), That no State, nor any part thereof, heretofore admitted, or hereafter to be admitted into the Union, shall have power to withdraw from the jurisdiction of the United States; and that the Const.i.tution, and all laws pa.s.sed in pursuance thereof, shall be the supreme law of the land therein, any thing contained in any const.i.tution, act, or ordinance, of any State Legislature or Convention to the contrary notwithstanding.

And I desire that that amendment, which I now send to the Chair, may be printed.

The PRESIDING OFFICER:--Is there any objection to printing the paper which the Senator has just read? The Chair hears no objection.

The same day the Report of the Peace Conference was called up for consideration, when Senator HALE objected to the consideration of the report. Considerable discussion then ensued, in which Messrs. HALE, BIGLER, TRUMBULL, CRITTENDEN, and DIXON partic.i.p.ated. This discussion related merely to the question, whether under the rules of the Senate the Report of the Peace Conference could at this time be taken up. The merits of the report were not considered, and for that reason it is not deemed necessary to report the proceedings of the Senate in this respect. The joint rules of the two Houses were suspended in order that another subject might be taken up, and no decision was had upon the question, whether the Report of the Peace Conference at this time should be considered.

The allotted time having been consumed in this discussion, the Senate proceeded to the consideration and disposal of several orders of the day. On the first of March it resumed action on the Report of the Peace Conference.

The PRESIDING OFFICER (Mr. FITCH):--It is the duty of the Chair to announce the special order of the day, being the joint resolution (S.

No. 70) proposing certain amendments to the Const.i.tution of the United States.

Mr. DOUGLAS:--I ask that the resolutions from the House of Representatives, in regard to amendments of the Const.i.tution, be laid before the Senate, in order that they may be considered at the same time.

The PRESIDING OFFICER:--The Chair will lay before the Senate a joint resolution from the House of Representatives.

The joint resolution (H.R. No. 80) to amend the Const.i.tution of the United States, was read the first time by its t.i.tle.

Mr. DOUGLAS:--I ask that that be made the special order at the same time, in connection with the joint resolution reported by the Senator from Kentucky.

Mr. MASON:--I have looked at that joint resolution, and it certainly ought to be committed to a committee to correct its English. It is unintelligible.

Mr. DOUGLAS:--My object is merely to have it considered at the same time with the other.

The PRESIDING OFFICER:--The joint resolution will have its second reading.

The joint resolution (H.R. No. 80) was read a second time by its t.i.tle.

The PRESIDING OFFICER:--It is now the subject of any motion that may be made in regard to it.

Mr. DOUGLAS:--I move that it be made the special order in connection with the joint resolution reported by the Senator from Kentucky.

Mr. CLARK:--How does that happen to be in order here when there is a special order called up?

The PRESIDING OFFICER:--It is not in order to consider it, except by unanimous consent.

Mr. CLARK, Mr. BINGHAM, and Mr. SUMNER:--I object.

The PRESIDING OFFICER:--The special order is before the Senate.

Mr. DOUGLAS:--I ask that the other resolutions which have come from the House of Representatives, be read. There are two of them, I believe.